The purpose of this chapter is to ensure that development is aesthetically pleasing, water efficient, and compatible with surrounding development by:

•

Requiring the provision of adequate landscaping in connection with new development and the expansion of existing developments and changes in uses.

•

Promoting the values and benefits of landscaping practices that integrate and go beyond the conservation and efficient use of water.

•

Establishing a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new construction and rehabilitated projects by encouraging the use of a watershed approach that requires cross-sector collaboration of industry, government and property owners to achieve the many benefits possible.

•

Establishing provisions for water management practice and water waste prevention for existing landscapes.

•

Using water efficiently without waste by setting a maximum applied water allowance as an upper limit for water use to the lowest practical amount.

Landscapes that are planned, designed, installed, managed, and maintained with the watershed based on approach can improve environmental conditions and provide benefits and realize sustainability goals.

(Prior code § 7230.01)

(Ord. No. G-8656, § 11, 7-26-16)

Landscaping shall be provided in accordance with the minimum standards set out in this chapter, except as may be modified in connection with the approval of a discretionary development permit. Except as otherwise authorized by the planning director, or where otherwise required through approval of a discretionary permit, minimum plant and tree sizes are as follows:

Landscaping and irrigation systems installed pursuant to this chapter shall be continuously maintained in good condition.

All landscaping shall be consistent with:

A.

California Code of Regulations, Title 23, Division 2, Chapter 2.7 Model Water Efficient Landscape Ordinance; and

B.

Kern County Code of Building Regulations (Title 17);

C.

The State Fire Safe Regulations contained in Section 4290 of the Public Resources Code and in Title 14, California Code of Regulations, Division 1.5, Chapter 7, Subchapter 2.

(Ord. G-6297 § 62, 1996: Ord. G-6077 § 288, 1994: Ord. G-5966 § 136, 1993: Prior code § 7230.02 (part))

(Ord. No. G-7821, § 77, 1-27-09; Ord. No. G-8226, § 86, 11-8-11; Ord. No. G-8656, § 12, 7-26-16)

A.

Single-family dwellings located within the Indian Wells Valley Land Use Management Plan area (as defined by Section 19.08.015) shall be subject to the following:

1.

Landscaping installed after the referenced plan's adoption shall be subject to the following restrictions.

a.

There shall be no turf allowed in the landscape area of the front yard.

b.

All plants and trees used within the landscape area of the front yard shall be selected from the current Approved Plant List, on file and maintained by the Indian Wells Valley Water District.

c.

A low volume irrigation system shall be used within the landscape area of the front yard.

d.

Irrigation Drainage. All irrigation water is to remain on property during normal water run cycle, such that there is minimal or limited runoff from the area being irrigated, specifically onto sidewalks and streets.

2.

New or replaced landscaping associated with an existing single-family dwelling, not originally subject to Section 19.86.025(A)(1), is encouraged to abide by the referenced section.

3.

Landscaping shall be provided in accordance with the requirements of California Code of Regulations, Title 23, Division 2, Chapter 2.7 Model Water Efficient Landscape Ordinance and Kern County Code of Building Regulations (Title 17).

B.

Outside of the Indian Wells Valley Land Use Management Plan area (as defined by Section 19.08.015 of this title), all new single-family dwellings that install landscaping shall be subject to the following landscaping standards:

1.

Landscaping shall be provided in accordance with the requirements of California Code of Regulations, Title 23, Division 2, Chapter 2.7 Model Water Efficient Landscape Ordinance and Kern County Code of Building Regulations (Title 17).

(Ord. No. G-8558, § 7, 5-19-15; Ord. No. G-8656, § 13, 7-26-16)

The following standards apply to landscaping plans for multifamily developments:

A.

A minimum of ten percent (10%) of the total developed lot area shall be landscaped.

B.

Within the Indian Wells Valley Land Use Management Plan area (as defined by Section 19.08.015), turf and/or plants not on the current Approved Plant List, on file and maintained by the Indian Wells Valley Water District, shall be limited to no more than one-half (½) of the required landscape area.

C.

Front-yard and street side side-yard setback areas, excluding approved driveway entrances, maneuvering areas, and public sidewalks, shall be landscaped. Within this area, trees are required and shall be planted no farther than fifty (50) feet apart and no closer than five (5) feet from the back of the sidewalks. No plant material that will grow to a height of more than eighteen (18) inches shall be planted in the street right-of-way, except where authorized by the county roads department.

D.

Additional planters and landscaped areas shall be provided in off-street parking areas in accordance with the requirements of subsection I of Section 19.82.090.

E.

Within each planter or landscaped area, a water-efficient irrigation system with automatic timer and live landscaping shall be provided and maintained. The use of drip irrigation systems shall be strongly encouraged.

F.

Landscaping materials and trees installed in planters or landscaped areas shall be selected based upon their adaptability to the climatic, geologic, and topographical conditions of the site. Use and protection of native plants and natural areas is highly encouraged. Within the Indian Wells Valley Land Use Management Plan area (as defined by Section 19.08.015), plants or trees shall be selected from the current Approved Plant List, on file and maintained by the Indian Wells Valley Water District, except as otherwise provided by Section 19.86.030.B.

(Ord. G-6077 § 289, 1994; Ord. G-5966 § 137, 1993: Ord. G-5861 § 30, 1992: Prior code § 7230.02(A))

(Ord. No. G-8035, § 78, 4-20-10; Ord. No. G-8226, § 87, 11-8-11; Ord. No. G-8558, § 8, 5-19-15; Ord. No. G-8656, § 14, 7-26-16)

The following standards apply to landscaping plans for mobilehome parks:

A.

A minimum of five percent (5%) of the total developed lot area shall be landscaped.

B.

Within the Indian Wells Valley Land Use Management Plan area (as defined by Section 19.08.015), plants not on the current Approved Plant List, on file and maintained by the Indian Wells Valley Water District, shall be limited to no more than one-half (½) of the required landscape area.

C.

Setback areas between streets and the perimeter fence of the mobilehome park, excluding approved driveway entrances and public sidewalks, shall be landscaped. Within this area, trees are required and shall be planted no closer than five (5) feet from the back of the sidewalks. No plant material that will grow to a height of more than eighteen (18) inches shall be planted in the street right-of-way, except where authorized by the Kern County Roads Department.

D.

Within the interior of the mobilehome park, at least one (1) tree per mobilehome space shall be planted at the time of or prior to development of each individual space.

E.

Within each planter or landscaped area, a water-efficient irrigation system with automatic timer and live landscaping shall be provided and maintained. The use of drip irrigation systems shall be strongly encouraged.

F.

Landscaped materials and trees installed in planters or landscaped areas shall be selected based upon their adaptability to the climatic, geologic, and topographical conditions of the site. Use and protection of native plants and natural areas is highly encouraged. Within the Indian Wells Valley Land Use Management Plan area (as defined by Section 19.08.015), plants and trees shall be selected from the current Approved Plant List, on file and maintained by the Indian Wells Valley Water District, except as otherwise provided by Section 19.86.040(B).

(Ord. 5966 § 138, 1993: Ord. G-5861 § 31, 1992: Ord. G-4832 § 171, 1988; Prior code § 7230.02(B))

(Ord. No. G-8035, § 80, 4-20-10; Ord. No. G-8226, § 88, 11-8-11; Ord. No. G-8558, § 9, 5-19-15; Ord. No. G-8656, § 15, 7-26-16)

The following standards apply to landscaping plans for commercial developments; parks and recreation, entertainment, and tourist facilities; and institutional uses:

A.

A minimum of five percent (5%) of the total developed lot area shall be landscaped.

B.

Within the Indian Wells Valley Land Use Management Plan area (as defined by Section 19.08.015), plants not on the current Approved Plant List, on file and maintained by the Indian Wells Valley Water District, shall be limited to no more than one-half (½) of the required landscape area.

C.

Along any interior property line abutting residentially zoned lots, trees shall be planted. The planters shall be sufficiently large and protected so that a parked car does not extend into the minimum four-foot by four-foot tree planting area which shall be landscaped with ground cover, shrubs, or climbing plants.

D.

Planters or landscaped areas shall be provided in off-street parking areas in accordance with the requirements of subsection I of Section 19.82.090. No plant material that will grow to a height of more than eighteen (18) inches shall be planted in the street right-of-way, except where authorized by the Kern County Roads Department.

E.

Within each planter or landscaped area, a water-efficient irrigation system with automatic timer and live landscaping shall be provided and maintained, except that an irrigation system is not required to serve planters or landscaped areas devoted exclusively to native indigenous plants. The use of drip irrigation systems shall be strongly encouraged.

F.

Landscaping materials and trees installed in planters or landscaped areas shall be selected based upon their adaptability to the climatic, geologic, and topographical conditions of the site. Use and protection of native plants and natural areas is highly encouraged. Within the Indian Wells Valley Land Use Management Plan area (as defined by Section 19.08.015), plants or trees shall be selected from the current Approved Plant List, on file and maintained by the Indian Wells Valley Water District, except as otherwise provided by Section 19.86.050(B).

(Ord. G-6551 § 93, 1998: Ord. G-5966 § 139, 1993: Ord. G-5861 § 32, 1992: Prior code § 7230.02(C))

(Ord. No. G-8226, § 89, 11-8-11; Ord. No. G-8558, § 10, 5-19-15; Ord. No. G-8656, § 16, 7-26-16)

The following standards apply to landscaping plans for industrial uses:

A.

A minimum of five percent (5%) of the developed area shall be landscaped.

B.

Within the Indian Wells Valley Land Use Management Plan area (as defined by Section 19.08.015), plants not on the current Approved Plant List, on file and maintained by the Indian Wells Valley Water District, shall be limited to no more than one-half (½) of the required landscape area.

C.

Along any interior property line abutting residentially zoned lots, trees shall be planted. The planters shall be sufficiently large and protected so that a parked car does not extend into the minimum four-foot by four-foot tree planting area which shall be landscaped with ground cover, shrubs, and climbing plants.

D.

Planters or landscaped areas shall be provided in off-street parking areas in accordance with the requirements of subsection I of Section 19.82.090. No plant material that will grow to a height of more than eighteen (18) inches shall be planted in the street right-of-way, except where authorized by the Kern County Roads Department.

E.

Within each planter or landscaped area, an irrigation system and live landscaping shall be provided and maintained, except that an irrigation system is not required to serve planters or landscaped areas devoted exclusively to native indigenous plants. Automatic timers shall be utilized and the use of drip irrigation systems shall be strongly encouraged.

F.

Landscaping materials and trees installed in planters or landscaped areas shall be selected based upon their adaptability to the climatic, geologic, and topographical conditions of the site. Use and protection of native plants and natural areas is highly encouraged. Within the Indian Wells Valley Land Use Management Plan area (as defined by Section 19.08.015), plants or trees shall be selected from the current Approved Plant List, on file and maintained by the Indian Wells Valley Water District, except as otherwise provided by Section 19.86.060(B).

(Ord. G-6551 § 94, 1998: Ord. G-5966 § 140, 1993: Ord. G-5861 § 33, 1992: Prior code § 7230.02(D))

(Ord. No. G-8226, § 90, 11-8-11; Ord. No. G-8558, § 11, 5-19-15; Ord. No. G-8656, § 17, 7-26-16)

Projects requiring adherence to California Code of Regulations, Title 23, Division 2, Chapter 2.7 Model Water Efficient Landscape Ordinance, shall demonstrate compliance with the requirements prior to the issuance of building permits and prior to the commencement of any use subject to these requirements.

(Ord. No. G-8226, § 91, 11-8-11; Ord. No. G-8656, § 18, 7-26-16)

A.

Landscape plans, which include grading and drainage information, and irrigation plans shall be prepared in accordance with the requirements specified in California Code of Regulations, Title 23, Division 2, Chapter 2.7 Model Water Efficient Landscape Ordinance and Kern County Code of Building Regulations (Title 17) where applicable.

B.

Section 19.86.065 of this title shall not apply to any of the following:

1.

Historical sites listed on any official local, state, or national register.

2.

Ecological restoration projects that do not require a permanent irrigation system.

3.

Mined land reclamation projects that do not require a permanent irrigation system.

4.

Agricultural uses or community gardens.

5.

Botanical gardens or arboretums which are open to the public.

6.

Any project for which the planning director determines that special circumstances unrelated to the cost of compliance are present and requiring strict adherence to the requirements of Section 19.86.065 of this title would not further the objectives of water conservation.

C.

Where landscape and irrigation plans are required to meet the requirements of this title, all landscape plans shall be prepared by either a licensed landscape architect or licensed landscape contractor (State Contractor's License - Class C-27) and all irrigation plans shall be prepared by a licensed landscape architect, certified irrigation designer, or licensed landscape contractor.

D.

Where landscaping is required pursuant to this chapter and is not subject to the requirements set forth in subsections A, B, and C of this section, the plot plan or a separate landscape plan, submitted in conjunction with any building permit application shall show the areas to be landscaped, the type of landscaping proposed and amount, and shall state the proposed method of irrigation. Where no building permits are required, a plot plan showing this information, or separate landscape plan in conjunction with said plot plan, shall be submitted to the planning director prior to commencement of said use.

E.

Public water agencies and community services districts and public utility districts that provide domestic water, may adopt more restrictive water efficient landscaping and irrigation requirements, subject to the approval of the Kern County Board of Supervisors.

(Ord. G-6077 § 291, 1994: Ord. G-5966 § 141, 1993: Ord. G-5861 § 34, 1992: Prior code § 7230.03 (part))

(Ord. No. G-8226, § 92, 11-8-11; Ord. No. G-8558, § 12, 5-19-15; Ord. No. G-8656, § 19, 7-26-16)

A.

Where a discretionary or ministerial approval is required by this title for the use or uses for which the landscaping is being provided, a landscape plan showing the general location and type of proposed landscaping materials and hard surface areas shall be submitted in conjunction with the application for the ministerial permit or to satisfy the requisite condition of approval for the discretionary action.

B.

Where landscape and irrigation plans are required to meet the requirements of Section 19.86.065 of this title, a landscape documentation package, as specified by California Code of Regulations, Title 23, Division 2, Chapter 2.7 Model Water Efficient Landscape Ordinance and Kern County Code of Building Regulations (Title 17), shall be submitted by the project applicant for review and approval, prior to the issuance of building permits and prior to the commencement of any use subject to these requirements. Plans for commercial and industrial projects shall be reviewed by planning and public works. Landscaping proposed for single family residences shall be reviewed and approved by public works during building permit review.

(Ord. G-6077 § 292, 1994: Ord. G-5966 § 143, 1993: Ord. G-5861 § 36, 1992; Prior code § 7230.03(B))

(Ord. No. G-8226, § 93, 11-8-11; Ord. No. G-8656, § 20, 7-26-16)

Where landscaping is required as a result of implementation of a discretionary or ministerial approval by this title, no use shall commence nor occupancy permit issued (building finaled) until:

A.

The landscaping and irrigation system has been completely installed; or

B.

The property owner has posted an acceptable financial assurance (performance bond, certificate of deposit, or letter of credit) in an amount equal to one hundred fifty percent (150%) of the estimated cost of installation of the required landscaping and irrigation system, in which case, the property owner shall have up to one (1) year from the date of occupancy or commencement of use to install the required landscaping and irrigation system. The estimated cost of installing the required landscaping and irrigation system shall be submitted in writing for approval by the director of the Kern County Planning Department prior to the property owner obtaining the required financial assurance.

C.

For landscaping and irrigation systems required to meet the requirements specified in California Code of Regulations, Title 23, Division 2, Chapter 2.7 Model Water Efficient Landscape Ordinance and Kern County Code of Building Regulations (Title 17). A certificate of completion shall be submitted to the Kern County Public Works, which shall include signed certification by the landscape architect, landscape contractor, and/or irrigation designer that landscaping and irrigation have been installed in substantial conformance with the referenced statute.

(Ord. G-6077 § 293, 1994: Ord. G-5861 § 37, 1992)

(Ord. No. G-8226, § 94, 11-8-11; Ord. No. G-8656, § 21, 7-26-16)