Reso 6590 MCA-2010-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6590
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THAT THE CITY COUNCIL APPROVE THE ADOPTION OF THE
NEW CHAPTER 14.15, LANDSCAPE ORDINANCE,TO REPLACE THE EXISTING
CHAPTER 14.15, XERISCAPE LANDSCAPING
The Planning Cominission recommends approval of the proposed amendments to the City of
Cupertino Municipal Code as shown in Exhibit A.
PASSED AND APPROVED this 23rd day of March 2010, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chair Brophy,Vice Chair Lee, Kaneda, Giefer
NOES: COMMISSIONERS: Miller
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
Aarti Shrivastava Paul Brophy, C a
Director of Community Development Planning Co 's i
EXHIBIT A
Ordinance No. 10.?�;XXX
AN ORDINANCE OF THE CITY OF CUPERTINO ESTABLISHING NEW LANDSCAPING
REGULATIONS PURSUANT TO THE CALIFORNIA WATER CONSERVATION IN
LANDSCAPING ACT
THE CITY OF CUPERTINO ORDAINS AS FOLLOWS:
Section 1. Statement of Purpose. This ordinance establishes new water-efficient landscaping
and irrigation requirements as mandated by the California Water Conservation in
Landscaping Act.
Section 2. Code Amendment. The following new Chapter 14.15 entitled "Landscape
Ordinance" replaces the current Chapter 14.15 entitled"Xeriscape Landscaping" of the
Cupertino Municipal Code,to read as shown in Attachment A.
Section 3. Severabilit��. Should any provision of this Ordinance, or its application to any
person or circumstance,be determined by a court of competent jurisdiction to be
unlawful, unenforceable or otherwise void, that determination shall have no effect on
any other provision of this Ordinance or the application of this Ordinance to any other
person or circumstance and,to that end, the provisions hereof are severable.
Section 4. E{f'ective Date. This Ordinance shall take effect thirty days after adoption as
provided by Government Code Section 36937.
Section 5. Certification. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall give notice of its adoption as required by law. Pursuant to
Government Code Section 36933, a summary of this Ordinance may be published and
posted in lieu of publication and posting of the entire text.
INTRODUCED at a regular meeting of the Cupertino City Council the day of
2010 and ENACTED at a regular meeting of the Cupertino City Council on this
of 2010 by the following vote: � _
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTACHMENT A
Chapter 14.15
LANDSCAPE ORDINANCE
Section
14.15.010. Intent.
14.15.020. Applicability.
14.15.030. Definitions.
14.15.040. Landscape Project Submittal
14.15.050. Water-Efficient Design Elements
14.15.060. Water Budget Calculation
14.15.070. Soil Analysis.
14.15.080. Landscape Installation Report
14.15.090. Landscape and Irrigation Maintenance
14.15.100. Audit of Existing Landscapes Larger Than One Acre
14.15.110. Public Education
14.15.120. Penalties
14.15.010. Intent.
The intent of this chapter is to reduce water waste in landscaping by promoting the use of
region-appropriate plants that require minimal supplemental irrigation, and by establishing
standards for irrigation efficiency. This chapter implements the California Water Conservation
in Landscaping Act of 2006.
14.15.020. Applicability.
A. The provisions of this chapter shall apply to:
1. Projects identified in Table 14.15.020.
Table 14.15.020
Total
Landscape
T e of Permit Area Re uirement
Buildin Permits
New home in R1,RHS or A1 <_2,500 s.f. Checklist-A endix A
zones >2,500 s.f. Landsca e Pro'ect SuUmittal-Sec.14.15.040
Develo ment Permit or Gradin Permit
New home in R1,RHS,A1 or R2 <_2,500 s.f. Checklist-A endix A
Zones >2,500 s.f. Landsca e Pro'ect Submittal-Sec. 14.15.040
Commercial,industrial,office, <_2,500 s.f. Checklist-A endix A
multi-family residential,puUlic
and institutional ro'ect >2,500 s.f. Landsca e Pro'ect SuUmittal-Sec. 14.15.040
Any landscape installation or <_2,500 s.f. Checklist-A endix A
rehabilitation project >2,500 s.f. Landsca e Pro'ect Submittal-Sec.14.15.040
Water Budget Calculations-Sec. 14.15.060
New and rehabilitated >0 s.f. Landscape Installation Report-Sec.14.15.080
cemeteries Landsca e and Irri ation Maintenance-Sec. 14.15.090
Existing and established Water Budget Calculations-Sec. 14.15.060
> 1 acre
landscapes,including cemeteries Audit of EstaUlished Landsca es-Sec. 14.15.110
Page 2 of 17
2. Any project,regardless of total landscape area,that is determined to have an impact due
to a unique geographical or environmentally sensitive location,including but not limited
to, projects proposed on slopes greater than 30%,in geo-hazard areas near riparian
corridors,creeks and or/waterways, the city may require a landscape project submittal.
B. The provisions of this chapter shall not apply to:
1. Registered local, state or federal historical sites where landscaping establishes an
historical landscape style, as determined by the City Council;
2. Surface mine reclamation projects that do not require a permanent irrigation system;
3. Ecological restoration projects that do not require a permanent irrigation system;
4. Community gardens or plant collections, as part of botanical gardens and arboretums
open to the public; or
5. Any commercial cultivation of agricultural products;including,but not limited to
products of farms, orchards, production nurseries and forests.
14.15.030. Definitions.
For the purposes of this chapter, the following definitions apply,unless it is apparent from the
context that a different meaning is intended.
Applied water: The portion of water supplied by the irrigation system to the landscape.
Automatic irrigation controller: An automatic timing device used to remotely control valves
that operate an irrigation system. Automatic irrigation controllers schedule irrigation
events using either evapotranspiration(weather-based) or soil moisture data.
Backflow prevention device: A safety device used to prevent pollution or contamination of the
water supply due to the reverse flow of water from the irrigation system.
Certified irrigation designer: A person certified to design irrigation systems by an accredited
academic institution, a professional trade organization or other program such as the US
Environmental Protection Agency's WaterSense irrigation designer certification program
and Irrigation Associatiori s Certified Irrigation Designer program.
Certified landscape irrigation auditor: A person certified to perform landscape irrigation
audits by an accredited academic institution, a professional trade organization or other
program such as the US Environmental Protection Agency's WaterSense irrigation auditor
certification program and Irrigation Associatiori s Certified Landscape Irrigation Auditor
. program.
Certified professional: A certified irrigation designer,certified landscape irrigation auditor,
licensed landscape architect, licensed landscape contractor,licensed professional engineer,
or any other person authorized by the state to design a landscape, an irrigation system, or
authorized to complete a water budget.
Conversion factor: The number (0.62) that converts acre-inches per acre per year to gallons per
square foot per year.
Ecological restoration project: A project where the site is intentionally altered to establish a
defined,indigenous,historic ecosystem.
Effective precipitation (Eppt) or usable rainfall: The portion of total precipitation which
becomes available for plant growth.
Established landscape.The point at which plants in the landscape have developed significant
root growth into the soil.Typically,most plants are established after one or two years of
growth.
Establishment period of plants:The first year after installing the plant in the landscape or the
first two years if irrigation will be terminated after establishment. Typically,most plants are
established after one or two years of growth.
Estimated Total Water Use (ETWLJ): The total water used for the landscape as described in
Section 14.15.060.
Evapotranspiration adjustment factor (ETAF): A factor of 0.7, that,when applied to reference
evapotranspiration,adjusts for plant factors and irrigation efficiency. ETAF for a special
landscape area shall not exceed:l.0. ETAF for existing non-rehabilitated landscapes is 0.8.
Evapotranspiration rate: The quantity of water evaporated from adjacent soil and other
surfaces and transpired by plants during a specified time.
Hardscape: Any constructed feature in a landscape built of concrete, stone, wood, or other such
non-pervious or pervious durable material, including,but not limited to,patios,walkways,
and retaining walls.
Hydrozone: A portion of the landscaped area having plants with similar water needs. A
hydrozone may be irrigated or non-irrigated.
Invasive plant species: Species of plants,listed in the invasive plant inventory of the California
Invasive Plant Council (IPC), that have been identified as invasive to areas within the IPC-
delineated Central West(CW) region.
Irrigation audit: An in-depth evaluation of the performance of an irrigation system conducted
by a certified landscape irrigation auditor. An irrigation audit includes,but is not limited
to: inspection, system tune-up, system test with distribution uniformity or emission
uniformity,reporting overspray or runoff that causes overland flow, and preparation of an
irrigation schedule.
Irrigation efficiency (IE): The measurement of the amount of water beneficially used divided
by the amount of water applied. The rrLnin�um average irrigation efficiency for purposes of
this Chapter is 70%.
Irrigation survey: An evaluation of an irrigation system that is less detailed than an irrigation
. audit. An irrigation survey includes,but is not limited to: inspection,system test, and
written recommendations to improve performance of the irrigation system.
Landscape architect: A person who holds a license to practice landscape architecture in
California as further defined by the California Business and Professions Code Section 5615.
Landscape area: All the planting areas, turf areas,and water features in a landscape
installation. The landscape area does not include footprints of buildings or structures,
sidewalks, driveways,parking lots, decks,patios, gravel or stone walks, other pervious or
non-pervious hardscapes, and other non-irrigated areas designated for non-development
(e.g.,open spaces and existing wildland or native vegetation).
Landscape contractor: A person licensed by the State of California to construct,maintain,
repair,install, or subcontract the development of landscape systems.
Landscape project: An undertaking of landscape design and installation on a particular area of
land. A landscape project may be associated with an individual lot, a building project, or a
Page 4 of 17
multi-phased development. It may also be a larger, comprehensive landscape scheme that
is not coupled with an individual building project.
Lateral line: The water delivery pipeline that supplies water to the emitters or sprinklers from
the valve.
Low water use plant: A plant species whose demonstrated water needs are compatible with
local climate and soil conditions such that regular supplemental irrigation is not required to
sustain the plant after it has become established. Species classified as "very low water use"
and"low water use" by"Water Use Classification of Landscape Species" (WUCOLS),
having a regionally adjusted plant factor of 0.0 through 0.3, shall be considered low water
use plants.
Low-volume irrigation: The application of irrigation water through a system of tubing or
lateral lines and low-volume emitters such as drip, drip lines and bubblers specifically
designed to apply small volumes of water slowly at or near the root zone of plants. Certain
rotary emitters designed to provide highly efficient water distribution may also be included
in this definition,at the discretion of the Director of Community Development.
Maximum Applied Water Allowance (MAWA): The upper limit of annual applied water for
the established landscaped area calculate�d using the formula specified in Section 14.15.090.
Mined-land reclamation projects: Any surface mining operation with a reclamation plan
approved in accordance with the Surface Mining and Reclamation Act of 1975.
Mulch: Any organic material such as leaves,bark, straw, compost, or inorganic mineral
materials such as rocks, gravel, and decomposed granite,left loose and applied to the soil
surface for the beneficial purposes of reducing evaporation, suppressing weeds,moderating
soil temperature, and preventing soil erosion.
Native plant: A plant indigenous to a specific area of consideration. For the purpose of this
Chapter,the term refers to plants indigenous to the coastal ranges of central and northern
California, and more specifically to such plants that are suited to the ecology of the present
or historic natural community in the project's vicinity. .
Noxious weed: Any weed designated by the weed control regulations in the Weed Control Act
and identified on a regional district noxious weed control list.
Operating pressure: The pressure at which the parts of an irrigation system are designed by
the manufacturer to operate.
Overhead sprinkler irrigation system: A system that delivers water through the air (e.g., spray
heads and rotors).
Overspray: Irrigation water that is delivered beyonc�the target area.
Plant factor: A number,which,when multiplied by reference evapotranspiration(ETo),
estimates the amount of water needed by plants. The plant factor ranges from 0.0 to 0.3 for
low water use plants,from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for
high water use plants. Plant factors are based on the "Water Use Classification of Landscape
Species" (WUCOLS) publication.
Rain sensor or rain sensing shutoff device: A component that automatically suspends an
irrigation event when it rains.
Recycled water:Treated wastewater,including reclaimed water or treated sewage effluent
water of a quality suitable for non-potable uses including landscape irrigation and water
Page 5 of 17
features. Reference evapotranspiration (ETo): A standard measurement of environmental
parameters that affect the water use of plants.
Rehabilitated landscape: Any re-landscaping project that requires an architectural and site
approval, design review, grading permit,use permit, or a discretionary permit of any sort,
or requires a new or expanded water service application.
Runoff: Water that is not absorbed by the soil or landscape to which it is applied and flows
from the landscape area.
Soil moisture sensor: A device that measures the amount of water in the soil. The device may
also initiate or suspend irrigation.
Special landscape area (SLA): An area of the landscape dedicated solely to edible plants, areas
irrigated with recycled water,water features using recycled water and areas dedicated to
active play such as parks,sports fields, golf courses,and where turf provides a playing
surf ace.
Sprinkler head: A device that delivers water through a nozzle.
Station: An area served by one valve or by a set of valves that operate simultaneously.
Turf: A ground cover surface consisting of non-native grass species that is customarily mowed.
Annual bluegrass, Kentucky bluegrass,perennial ryegrass, red fescue,and tall fescue are
examples of cool-season turf grasses. Bermuda grass, Kikuyu grass, seashore paspalum,St.
Augustine grass,zoysia grass, and buffalo grass are warm-season turf grasses.
Valve: A device used to control the flow of water in the irrigation system.
Water feature: A landscape design element where open water performs an aesthetic or
recreational function. Water features include ponds,fountains,lakes,waterfalls,artificial
streams and any design elements where water is supplied artificially. Spas and swimming
pools that are ancillary to single-family,two-family and multi-family residential uses also
are considered water features.
Wet surface area: The surface area of that portion of a water feature that functions to contain
water,such as the water surface of a swimming pool,spa,or garden pond. For a fountain or
other feature with flowing water,wet surface area shall be measured as a two dimensional
plane bounded by the perimeter of the area where water has been designed to flow.
Wildland urban interface: A geographic area identified by Chapter 16.74 of this Code to be at
a sigruficant risk from wildfires.
WUCOLS: The publication"Water Use Classification of Landscape Species" published by the
University of California Cooperative Extension, the Department of Water Resources and the
Bureau of Reclamation,2000.
14.15.040. Landscape Project Submittal
Unless otherwise specified,the following items shall be submitted to the Director of
Community Development when a landscape project is subject to the requirements of this
chapter.
A. Water-Efficient Design Checklist(Appendix A) completed by a property owner or certified
landscape professional.
B. Landscape and Irrigation Design Plans (Appendix B) completed by a certified professional.
C. Water Budget Calculations (Section 14.15.090),if necessary.
D. Soil Analysis Report(Section 14.15.100),if necessary.
Page 6 of 17
E. Landscape and Irrigation Maintenance Schedule (Section 14.15.120).
F. Landscape Installation Report(Section 14.15.110),following installation of landscaping
materials and irrigation hardware.
14.15.050. Water-Efficient Design Elements
Projects set forth in Section 14.15.020 requiring a landscape project submittal shall comply with
all applicable criteria of this section.
A. Plant Material:
All plant material shall be chosen and arranged per requirements in Table 14.15.050(A).
Table 14.15.050(A)
1 O tions to demonstrate water efficienc
a. i.Total turf area shall not b. Prepare a water budget
exceed 25% of the landscape calculation,per the provisions of
area,or 1,250 square feet, Section 14.15.060.
whichever is lesser in area and OR
ii.At least 80% of the plants
within non-turf areas shall be
native or low water-use
AND
2 Turf Restrictions
a. Turf shall not be planted on slopes greater than 25%.
b. Turf areas shall not be less than ei ht feet wide.
3 Non-turf Restrictions
a. Plants shall be arranged appropriately based upon the site's climate,slopes,sun
exposure,soil characteristics,wildfire susceptibility and other site conditions
appropriate for the selected plants.
b. The horticultural attributes of plant species(e.g.,mature plant size,invasive roots,and
structural attributes)shall be considered,in order to minimize the potential for damage
to property or infrastructure(e.g.,buildings,septic systems,sidewalks,power lines).
c. Fire-prone plant materials and highly flammable mulches are strongly discouraged. In
areas designated wildland urban interface by Chapter 16.74 of this Code,plants shall be
selected,arranged and maintained to provide defensible space for wildfire protection,in
conformance with Public Resources Code Section 4291.
d. Invasive plant species/noxious weeds:
i. Installation shall be prohibited.
ii.Existing within or adjacent to the proposed landscape area shall be removed prior to
installation of new landsca in .
The architectural guidelines,conditions,covenants or restrictions of a common interest
4 development shall not supersede this chapter by either prohibiting low water use plants,or
includin conditions that have the effect of restrictin the use of low water use lants.
B. Hydrozones:
1. Plant materials of similar water use shall be grouped in hydrozones.
2. Mixed plant materials&hydrozoning: If plant materials of differing water uses are
mixed,for purposes of preparing a water budget use Table 14.15.050(B).
Page 7 of 17
Table 14.15.050 (B)
Mixed lant materials Re uirements
Low and moderate water Allowed.All plants classified as moderate
use lants water use for MAWA calculations.
High water use plants with Not allowed in any hydrozone.
low and moderate water
use lants
C. Irrigation System:
The irrigation system proposed for any project shall meet the requirements outlined in Table
14.15.050 (C)
Table 14.15.050 C)
Cate o Re uirements
Shall meet all requirements per manufacturer's specifications and this
Irri ation S stem table.
Irrigation system and its related components shall be planned and
Desi n desi ed to allow for ro er installation,mana ement and maintenance.
Dedicated Landscape
Water Meter Re uired for landsca es>5,000 s.f.,exce t sin le-famil residential.
Automatic Irrigation Required for irrigation scheduling,utilizing evapotranspiration or soil
Controllers moisture sensor data.
Integral or auxiliary,required to suspend or alter irrigation operation
Sensors durin unfavorable weather conditions.
Required for each hydrozone.Where feasible,trees shall be placed on
Se arate Valve se arate valves from shrubs, roundcovers and turf.
Irrigation system shall be designed to prevent runoff,low head
Water Waste draina e,overs ra ,or other similar conditions.
Type of Irrigation Sprinkler heads and other emission devices shall be selected based on
hardware what is a ro riate for the lant e within that h drozone.
Re uired in mulched areas
Re uired in areas with slo e>25%
Low-volume Irrigation Re uired within 24 inches of a non- ermeable surface
Required in any narrow or irregularly shaped areas that are less than
ei ht 8 feet in width in an direction.
Average Irrigation Systems shall be designed,maintained and managed to meet or exceed
Efficienc avera e landsca e Irri ation efficienc of 70%.
Limited to between 8:00 p.m.and 10:00 a.m.,unless unfavorable weather
revents it or renders irri ation unnecesar : -
Irrigation Times Irrigation outside the normal designated window is allowed for auditing
and s stem maintenance onl .
D. Soil,conditioning,and mulching:
Soil, conditioning, and mulching requirements for all landscape projects are outlined in
Table 14.15.050(D).
Page 8 of 17
Table 14.15.050(D)
Type of soil
amendment Re uirements
Minimum eight(8)inches,non-compacted topsoil shall Ue available for
water aUsor tion and root rowth in lanted areas.
Topsoil Minimum may be waived where a landscaped professional determines that
practical limitations(e.g.,slope and other geotechnical factors), necessitate
a lesser soil de th that is viable for the chosen lant materials
Compost,fertilizer or other materials,shall be added according to the soil
Other amendments conditions at the project site and based on what is appropriate for the
chosen lant materials.
Minimum two (2) inch layer of mulch shall be applied on all exposed soil
Mulch surfaces of lantin areas.
Not needed in areas of direct seedin a lication e. . h dro-seed
Stabilizing mulching
roducts Re uired for use on slo es.
E. Water Features:
1. Recirculating water systems shall be used for all water features.
2. Water features are limited to 10% of the landscaped area unless a water budget is
prepared.
3. All pools and spas shall have covers.
4. If water budget is prepared or required,use Table 14.15.050(E) for MAWA calculations.
Table 14.15.050 E :Water Features
"/o of landsca e area Water usa e for MAWA calculation
Water features includin ools and s as)<_10% Medium
Water features includin ools and s as > 10% Hi h
14.15.060. Water Budget Calculation
Project applicant may elect to submit a water budget calculation for the landscape project. A
water budget must be completed by a certified professional who is authorized by the State of
California to complete a water budget. Water budget calculations shall adhere to the following
requirements:
A. All special landscape areas shall be identified and their water use included in the water
budget calculations.
B. All other factors are as defined in Sections 14.15.030 and 14.15.060.
C. Maximum applied water allowance shall be calculated for each project using the formulae
outlined in Table 14.15.060: MAWA Calculation
Table 14.15.060: MAWA Calculation
1. For existing landscapes > 1 acre that MAWA— (ETo) (0.62) (LA) (0.8)
have dedicated irri ation meters
2. For all new and rehabilitated MAWA— (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)]
landscapes
Page 9 of 17
Where:
MAWA= Maximum Applied Water Allowance (gallons per year)
ETo =Reference Evapotranspiration (inches per year)
0.62 =Conversion Factor (acre-inches to gallons)
LA =Landscape Area (square feet)
0.8 =Reference Evapotranspiration Adjustment Factor (ETAF)
0.3 = Additional Water Allowance for SLA
SLA =Special Landscape Area (square feet)
All other factors as defined in Section 14.15.090 (H) above.
D. Estimated total water use (ETWU) shall be calculated for each hydrozone using the equation
below. The sum of the ETWU calculated for all hydrozones shall not exceed the MAWA
calculated using the formula above.
PF*HA
ETWU = (ETo)(0.62)( IE +SLA
Where:
ETWU = Estimated Total Water Use per year (gallons)
ETo =Reference Evapotranspiration(inches)
0.62 =Conversion Factor
PF = Plant Factor from WUCOLS (B32-2(nn)) .
HA = Hydrozone Area (square feet)
IE =Irrigation Efficiency (minimum 0.70)
SLA =Special Landscape Area (square feet)
14.15.070. Soil Analysis.
The Director of Community Development or his/her designee shall have discretion to require
soil analysis as a condition of approval for any development permits, grading permit, or any
type of discretionary permit,where a landscape project submittal is required.
A soil analysis report shall document the various characteristics of the soil (e.g. texture,
infiltration rate,pH, soluble salt content, percent organic matter, etc), and provide
recommendations for amendments as appropriate to optimize the productivity and water-
efficiency of the soil.
The soil analysis report shall be made available to the professionals preparing the landscape
and irrigation design plans in a timely manner either before or during the design process. A
copy of the soils analysis report shall be submitted to the Director of Community Development
as part of the landscape documentation package.
14.15.080. Landscape Installation Report
Landscape installation assessment for new or rehabilitated landscapes sha11 be conducted by a
certified landscape professional after the landscaping and irrigation system have been installed.
The findings of the assessment shall be consolidated into a landscape installation report.
A. The landscape installation report shall include,but is not limited to: inspection to confirm
that the landscaping and irrigation system are installed as specified in the landscape and
Page 10 of 17
irrigation design plan,system tune-up, system test with distribution uniformity, reporting
overspray or run off that causes overland flow,and preparation of an irrigation schedule.
B. The landscape installation report shall include the following statement: "The landscape and
irrigation system have been installed as specified in the landscape and irrigation design plan
and complies with the criteria of the ordinance and the permit."
C. Landscape Maintenance Agreement:
1. Prior to final inspections and final occupancy,the owner(s) of the property shall enter
into a formal written landscape maintenance agreement with the City. The City shall
record this agreement,against the property or properties involved,with the County of
Santa Clara Recorder's Office and it shall be binding on all subsequent owners of land
served by the proposed landscape.
2. The landscape maintenance agreement shall require that the installed landscape not be
modified and that maintenance activities not alter the level of water efficiency of the
landscape from its original design,unless approved by the City prior to the
commencement of the proposed modification or maintenance activity.
14.15.090. Landscape and Irrigation Maintenance
Landscapes shall be maintained to ensure successful establishment following installation, and
to ensure water use efficiency consistent with this chapter. A maintenance schedule shall be
established and submitted to the Director of Community Development or his/her designee,
either with the landscape application package,with the landscape installation report, or any
time before the landscape installation report is submitted. Maintenance contract documentation
shall be provided to the Director of Community Development or his/her designee,if so
requested.
A. The timing of the maintenance schedule shall extend 30 months from the date of the
landscape installation report,unless a different time period is established by the Director of
Community Development under a condition of permit approval. Schedules should take
into account water requirements for the plant establishment period and water requirements
for established landscapes. The landscape professional(s) overseeing maintenance activities
shall provide to the Director of Public Works, or his/her designee, a minimum of three
summary reports at appropriately spaced intervals over the 30-month period. The reports
shall evaluate the condition of the installation, and describe maintenance needs and any
actions taken.
B. Maintenance shall include,but not be limited to the following: routine inspection;pressure
testing,adjustment and repair of the irrigation system; aerating and de-thatching turf areas;
replenishing mulch;fertilizing;pruning;replanting of failed plants;weeding; pest control;
and removing obstructions to emission devices. -
C. Failed plants shall be replaced with the same or functionally equivalent plants that may be
size-adjusted as appropriate for the stage of growth of the overall installation. Failing plants
shall either be replaced,or be revived through appropriate adjustments in water,nutrients,
pest control or other factors as recommended by a landscaping professional.
14.15.100. Audit of Existing Landscapes Larger Than One Acre
The Director of Public Works may require audits to evaluate water use on existing landscapes
larger than one acre (installed prior to January 1,2010). Such audits may also be initiated as a
Page 11 of 17
coordinated effort between the City and, the Santa Clara Valley Water District or the City's
water purveyors. This audit must be completed by a certified landscape irrigation auditor.
Following the findings and recommendations of the certified landscape irrigation auditor, the
Director of Public Works may require adjustments to irrigation usage,irrigation hardware,
and/or landscape materials to reduce irrigation water use.
Landscape renovation or rehabilitation resulting from an audit shall be considered a landscape
project, and shall be subject to applicable Section 14.15.040 and Table 14.15.060(C)(1).
14.15.110. Public Education
A. The City may provide information, with assistance from the Santa Clara Valley Water
District and its water purveyors, to all applicants regarding the design,installation,
management and maintenance of water-efficient landscapes and irrigation systems.
B. All model homes that are landscaped shall have signs installed that provide information on
the principles of water-efficient landscaping.
14.15.120. Penalties
Non-compliance with any applicable provision of this chapter shall be subject to enforcement
action, as provided in Chapter 1.10 and/or Chapter 1.12of this Code.
Page 12 of 17
APPENDIX A-CHECKLIST
Page 13 of 17
LANDSCAPE WATER-EFFICIENCY CHECKLIST
Communit�Developrnent Departrnent
10300 Torre Avenue 408.777.3308/Fax 408.777.3333
Cupertino, CA 95014 planningOcupertino.org
CUPERTIN4 http://cupertino.org/plannin
Applicant Name: Email:
Project Site Address: Phone:
Total Landscape Lanciscape area: All the planti�.��; areas, turf areas, an�� �vater
Area s uare feet : fc�atures in a tandscape� installation. Th�� landscape arc�a dc3c�s
itcrt iiiclucic foatprii�ts of builciin�;s or strEirtures, side�ti-atks,
drivewavs, �arkin�;lots, decks, �atios, grav�I.Ot'StOil('c�valks,
J
other pc?r�ious or nc�n-pc>rvious harcisea�es, and other non-
Turf Area: irrigated areas aesignated for I102t—i�t've�opment (e.g., apen
spaces and exisli.r.��;wild.l.and cegetation).
Non-Turf Plant Area: Tarf: t1 �;rouiicl rover surface consis-ting of non-native �;ras.�
speriE�s thai is customari.ly mowed. Ann��.al k�E�ii��rass,
Kcnt-ucky Uluegrass, perennial rve�;r��ss, red Fk?scuc�, and t<fll
Special Landsca e Area: tescue are examples of co�zl-season turf grasses. 13�rnt�id.a
Water Feature Wet Surface Area: grass, kikut=u grass, seashurt� paspa]utn,St Au�u.stin<� �;rass,
zi�ysi��grass,ana hutfalo gra,5s are ti-arm-sea5c>it turf�;rasse�s.
If>10%of landscaped area,water budget calcu-
lation required with landscape project submittal. Sec rev4r4e sid.t�for other definitio��s.
NOTE: If landscape area exceeds 2,500 sq.ft.,a landscape project submittal shall be required. If no landscaping is proposed,enter
"0"aUove and proceed directly to the signature block at the bottom of this form.
Landscape Parameter � Requirements Project Compliance
Turf = Total turf area shall not exceed 25%of the landscape [] Yes [] t<�
= area,or 1,250 square feet,whichever is lesser in area. ;�St�4c},l�t�itt:Xr bt�c.t�;t:�t c��ii��z�tt�t;c:,,�.rc�er�;;r;��;
; ,
Y�i�It [�t.�tilL:'it}��};?rt:}jt:��::i sttl��ttitt,il�
�.�.�
£ All portions of turf areas shall be wider than eight(8)feet ; � Yes
: �._._.._____.�......�_.�............�_.__...�.... �.._._..�..,. ..__.. ..
�Turf(if utilized)is limited to slopes not exceeding 15%. �? a Yes
�
Non-Turf � At least 80%of non-turf area shall consist of native or � [� Yes ❑ �:c�
� low water use plants. ;[I�t���,t•1'atcr t�iacl�;c�t,_;ilc:t.tlati<T,�r���c�«i����c:�
£ = cvilh l��tni��c�:i}>����rc:�jc�i�i si���rx3itlril;
Hydrozones = Plants with sixnilar water needs shall be grouped within ; [] Yes ❑ ti4�
� hydrozones. Each hydrozone shall be controlled by a j
; separatevalve. []f rz�?,1'�'t�vic���et��icl.TlclEit?Ii��z�?�<:3c�j
Irrigation System ; Systems shall be designed and maintained to nlininlize ?
; [] Yes ❑ ti c?
; water waste(e.g.,runoff,low head drainage,overspray). �
' Low-volume irrigation shall be utilized in non-turf areas. �
; Irrigation shall only occur between the hours of 8:00 pm ` [t(��z:,, I'rc��ricic:���x��[<�nat�zcs:z c�z�I��jc k�
� and 10:00 am. ;
Soil i A minimum of eight(8)inches of non-compacted topsoil F (� Yes [� 1��
£ shall be availaUle in planted areas. ? [tt ils�, ['rc3�i�1t t�x��4��i�.itt,?fi c�r�l���►tl��
;...._�..�......�..._,_.....�,._.w_...m...�,.,..��.�.�.__�_..�,...�.,_.,�.�.�...�,.�..�__�,..,M.,��_�._�__ _����..._.�..._.�_.._
� Soil amendments,such as compost or fertilizer,shall be =
� � [] Yes [] L��
j appropriately added according to the soil conditions at ,
': the project site and based on what is appropriate for the E
selected plants. (ti�r�n, t'r�uvici��f'k�)�<�i�.��tisrFi c?ri I��ti:'::�
�
Mulch A minimum two(2)-inch layer of mulch shall be applied ; Q Yes [� �{�
on all exposed soil surfaces of planting areas,except in
i areas of direct seeding application(e.g.hydro-seed). ; [I.f nc�,I'�•c:}��i�l��E�x��t�i��:tic������� t?�Y:�l.j
I am aware of available informational resources regarding native and low water use plants,irrigation efficiency,and other aspects of
water-efficient landscaping. I certify that the information provided on this checklist is correct,and the installed landscape complies
with the requirements of Chapter 14.15.I also understand that any changes to the project will necessitate a new checklist.
Si nature of ro er owner or authorized re resentative Date
Page 1 of 2
This checklist implements the requirements of Chapter 14.15,Landscape Ordinance,of the Cupertino Municipal Code.
The responses provided will be evaluated to determine whether the proposed landscape is generally consistent with the
ordinance's water-efficiency goals.
Applicant Comments
...Si'c..?i:iii€iSTii:;i '�.?:.'�...,CEc't'i."i5:?I"l' .
Staff Evaluation � Staff Comments
�
F
Approved �
I
' Not Approved �
.._ �
�
� Signature Date
Select Uefinitions
Hydrozone: A pc�rtion c�f the la:ncisceiped arel ha�=in�plants writh simila��wate'r needs. A IZydr.ozone ma�Lze
inigafc?d or non-irrigat�c�.
Low-volume irrigation: 1�'he applieafion�f.irri.gatian c�-ater tllrou�h a sYste►n of tubin�or 1aferal lines anc�
lo�v-voiunle enuttcrs such as d.rip and bul,�blcrs. Certaul rotary emittc�rs desigx-►eci tor highly effici�:nt water
C�IS�CL�LI�lOTl,c.3:ilC�I SItUc'it2C� tt� I:t:P:l�c1t2 Il3W W1t�'I' US� �.1c171tS�111d31 also be included in th.is de�init.ion at the
discreti�n of the Planning C7ffice.
Law water use plant: A plant species wrhose cie�nonstrated wate:r neec�s are co.inpatible wit11 l.ocai climate an.d.
soil cc�nditions such that regula.r suppleinental irrigation is nc�t requirec-i to sustain the pl.ant aftcr it has be-
come established. Anv species classified as "very lozv w=aEe.r. use" and."low�vate�•use" bt� �1'LCOLS,hzlvilig
a regianalltl adju5te�i pl�nt f��ctc}r of O.Q through(1.3,shall be cate�oricall�-c�eemed a totiv water use pla.nt.
Native plant: A.pla:nt inc�_ige�-���us to��specific�rea c�f cc�nside.r.akion. Fo�th.e pu.r�,�ose of this divisi�n,the kerm
�vill reter to plants indigen�us to fhe c�astat ranges of Central anc� �lorthern California,atld more specifi.cal-
Iy fo such plants that are suitea ta thc�cology ot tI1e priGent or historic natural comrnunity of the.�prc�jt�ct's
vic:inity.
Speeial Iandseape area: �n area of tlze lanciscape d`ciicltec�sc�lely to ec�ible pl�.nts,areas irri�a.tt�ci witl�re-
cqcled.v�=ater.,tivater f.eatures��:sing ree�Tcl��t�n.:at�r and�r.ea5 dedicated.tc�active play�L�ch as}�arks,spor•ts
fi�lds,�olf courses,and w•here h:rt pr�viaes a playin�surf'ace.
"i'urf: A ground car�-er sui-face cc�:nsisting ok n.on-native gr.ass s�.�ecies t1�at is custo:m.a.r.il�r mawed. Annual blue-
grass,I��ntuckv bluc�grass,��erennial n���rass,re��f�scue,and tall fescue ar�examples oE cuoi-season turE
grasses. Bern�uda grass,k.ikuyu grass,seast-rore paspalurn.,St. �ugu.stin�g:rass,zoysia grass,and buffalo
�rass are tivartn-season tur.f�rasses.
Watex.�eature: A landseape desi�n.�[ement w1-��r�apen wate.r perf�rn�s an aesth�tic or recreational function.
V1,`ater features i:nclude pt�,nds:,fountains,�n.Taterf.alls and artific�al st�eams. �Is� iticiudes spas an�-�stiviin-
mu�g pc�ols that ar�:ancillary t�si�gle-family,two-family�u1�i multi-familyr residc�I1tial uses.
Wet surfac�area: '�1.'he surf.ace are�of.Ehat�.��rtion of a wat�r f.eature:that fu.nctic�ns to contain tivater,such as the
water surfae:e ot a stivimming pool,spa,or garcien ponci. For a fow.ltai.11 or�th�r featur�with tlow�in�tivatc.�r,
�.vet st�rfa�e area shatl be nleasured as a t�n.To dlmeilsional piane boucicEed.b�-t�7e peri:t�ieter of the area where
water has becn ci�si,nea to �law.
APPENDIX B-LANDSCAPE AND IRRIGATION PLANS
The landscape and irrigation design plan shall be prepared as follows:
A. The landscape and irrigation design plans shall incorporate all applicable elements
of Section 14.15.050 of Chapter 14.15 of the Cupertino Municipal Code.
B. The landscape design portion shall be prepared by,and bear the signature of, a
licensed landscape architect, licensed landscape contractor, or any other person
authorized by the State of California to design a landscape.
C. The irrigation design portion shall be prepared by, and bear the signature of, a
licensed landscape architect, certified irrigation designer,licensed landscape
contractor, or any other person authorized by the State of California to design an
irrigation system.
D. The landscape design portion of the landscape and irrigation design plan, at a
minimum,shall:
1. Provide basic project information, such as applicant name, site address, total
landscape area and turf area (square feet), irrigation water source (e.g. municipal,
well,recycled), retail water purveyor (if applicable), and project contacts.
2. Identify, in tabular form, all plants to be installed as part of the project. The table
shall include the following:
i. Symbol (representing the plant on the plan).
ii. Common name.
iii. Botanical name.
iv. Container size.
v. Quantity.
vi. Type (e.g. grass,forb, succulent,vine, shrub, tree).
vii. Water-efficient species identification. All "native" and "low water use"
plant species (defined in Section 14.15.030) shall be so labeled.
viii. Unique physical specifications of plants (e.g.,bare-root,field-potted,multi-
trunk), if applicable.
3. Include the following:
i. General notes,planting notes,plant layout based on size at maturity,
species, and symbol legend.
ii. Spacing of proposed plantings.
iii. Topography
iv. Trunk diameter of all existing trees whose trunk circumference is greater `
than 18.5 inches, measured 54 inches above grade. _
v. Existing features to remain,such as trees, fencing,hardscape,etc.
vi. Existing features to be removed.
vu. Identification of pertinent site factors such as sun exposure,microclimate,
property lines,buildings,underground/above-ground utilities, existing
drainage features, etc.
viii. Proposed grading. See Section 16.08 of the Cupertino Municipal Code for
the requirements of when a grading permit is required.
ix. Seed mix, if applicable.
4. Delineate and label each hydrozone;
Page 16 of 17
,
5. Identify each hydrozone as low water,moderate water,high water, or mixed
(low/moderate) water use, as defined by WLJCOLS;
6. Identify special landscape areas;
7. Identify type of mulch and application depth;
8. Identify type and wet surface area of water features;
9. Identify hardscapes (pervious and non-pervious); and
10. Contain the following statement: "I have complied with the criteria of the Water
Conservation in Landscaping Ordinance and applied them for the efficient use of
water in the landscape design plan."
E. The irrigation design portion of the landscape and irrigation design plan, at a
minimum, shall contain:
1. Location, type and size of all components of the irrigation system,including
controllers,main and lateral lines,valves,sprinkler heads, moisture sensing
devices, rain switches, quick couplers, pressure regulators, and backflow
prevention devices;
2. Static water pressure at the point of connection to the public water supply;
3. Flow rate (gallons per minute), application rate (inches per hour),and design
operating pressure (pressure per square inch) for each station;
4. Irrigation schedule;
5. Location and size of separate water meters for landscape (if applicable);and,
6. The following statement: "I have complied with the criteria of the Water
Conservation in Landscaping Ordinance and applied them accordingly for the
efficient use of water in the irrigation design plan."
F. Grading. If the landscape project area will be graded, then, at a minimum, grading
contours and quantities shall be shown on the landscape design plan. Grading shall
meet all applicable requirements of Chapter 16.08 of the Cupertino Municipal Code,
including permitting requirements for grading in excess of established permit
thresholds.
A geotechnical engineer should be consulted prior to the installation of landscaping
materials and irrigation hardware on slopes greater than 30%, or in any areas where
slope stability may be compromised.
G. Wildfire Management. Plant list shall exclude plant types that increase wildfire
susceptibility. In areas designated wildland urban interface,by Chapter 16.74 of the
Cupertino Municipal Code, the p1an shall demonstrate that plants have been selected
and arranged to provide defensible space for wildfire protection,in conformance
with Public Resources Code Section 4291.
H. Storm Water Management. Storm water best management practices shall be
incorporated as appropriate into the landscape installation, the details of which shall
be shown on the landscape design plan. Installation shall be subject to the San
Francisco Bay Regiori s National Pollutant Discharge Elimination System(NPDES)
storm water discharge permit requirements and Chapter 9.18 of the Cupertino
Municipal Code.
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