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2016 S-55 Supplementrmh 4/16 CUPERTINO, CALIFORNIA Instruction Sheet 2016 S-55 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title Page Title Page TITLE 14: STREETS, SIDEWALKS, AND LANDSCAPING 1, 2 1, 2 27 through 32H 27 through 32N COMPREHENSNE ORDINANCE LIST 41 through 44 41 through 44 INDEX 16A through 18 16A through 18 CITY OF CUPERTINO, CALIFORNIA MUNICIPAL CODE 2016 S-55 Supplement contains: Local legislation current through Ordinance 16-2142, passed 4-5-16 COPYRIGHT© 2016 AMERICAN LEGAL PUBLISHING CORPORATION \ ___ / 2016 S-55 TITLE 14: STREETS, SIDEWALKS AND LANDSCAPING Chapter 14.04 Street Improvements 14.05 Park Maintenance Fee 14.08 Encroachments and Use of City Rights-of-Way 14.12 Trees 14.15 Landscape Ordinance 14.18 Protected Trees 14.20 Underground Utilities-Conversions 14.24 Underground Utilities-New Developments 1 Cupertino -Streets, Sidewalks and Landscaping 2 14.15.010 CHAPTER 14.15: LANDSCAPE ORDINANCE Section 14.15.010. 14.15.020. 14.15.030. 14.15.040. 14.15.050. 14.15.060. 14.15.070. 14.15.080. 14.15.090. 14.15.100. 14.15.110. 14.15.120. 14.15.130. 14.15.140. Intent. Applicability. Definitions. Prescriptive Compliance Option. Landscape Documentation Package. Water-Efficient Design Elements. Water Budget Calculation. Soil Analysis. Recycled Water. Graywater Systems. Irrigation Schedule. Landscape and Irrigation Maintenance Schedule. Landscape and Irrigation Installation Report. Landscape Maintenance Agreement. 14.15.150. 14.15.160. 14.15.170. 14.15.180. Audit of Existing Landscapes Larger Than One Acre. Public Education. Local Agency Reporting. Penalties. 14.15.010 hi tent. 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. (Ord. 16-2142 (part), 2016) 14.15.020 Applicability. A. The provisions of this chapter shall apply to: 1. Projects that require a building permit, or planning permit, as identified in Table 14.15.020. Table 14.15.020 Type of Permit Total Landscape Requirement Area Building Permits <500 s.f. Prescriptive Compliance Application (Appendix A) -Informational only New home in Rl, RHS, Al or R2 Zones 500 s.f. -2,500 s.f. Prescriptive Compliance Application (Appendix A) or Landscape Documentation Package (Sec. 14.15.050) >2,500 s.f. Landscape Documentation Package (Sec. 14.15.050) Planning Permit or Grading Permit <500 s.f. Prescriptive Compliance Application (Appendix A) -Informational only New home in Rl, RHS, Al or R2 Zones 500 s.f. -2,500 s.f. Prescriptive Compliance Application (Appendix A) or Landscape Documentation Package (Sec. 14.15.050) >2,500 s.f. Landscape Documentation Package (Sec. 14.15.050) 27 2016 S-55 14.15.020 Cupertino -Streets, Sidewalks and Landscaping 28 Table 14.15.020 Type of Permit Total Landscape Area Commercial, industrial, office, ~2.500 s.f. multi-family residential, public and institutional projects >2,500 s.f. Any landscape installation or ~2,500 s.f. rehabilitation project >2,500 s.f. New and rehabilitated cemeteries >0 s.f. Existing and established landscapes, > 1 acre including cemeteries 2. Projects with landscape areas less than 2,500 square feet using graywater or on-site rainwater capture to entirely meet the landscape water requirement (estimated total water use) of the lot is subject only to the irrigation system requirements in the Prescriptive Compliance Option (Appendix A). 3. The City may require a Landscape Documentation Package and/or other documents deemed necessary for 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. B. The provisions of this chapter shall not apply to: 1. New or rehabilitated landscapes that do not require a building permit or planning permit; 2. New landscapes that require a building or planning permit with areas less than 500 square feet; 3. Registered local, state or federal historical sites where landscaping establishes a historical landscape style, as determined by the City Council; 4. Surface mine reclamation projects that do not require a permanent irrigation system; 5. Ecological restoration projects that do not require a permanent irrigation system; 6. Community gardens or plant collections, as part of botanical gardens and arboretums open to the public; or 2016 S-55 Requirement Prescriptive Compliance Application (Appendix A) or Landscape Documentation Package (Sec. 14.15.050) Landscape Documentation Package (Sec. 14.15.050) Prescriptive Compliance Application (Appendix A) -Informational only Landscape Documentation Package (Sec. 14.15.050) Water Budget Worksheet (Appendix B) Landscape and Irrigation Maintenance Schedule (Sec. 14.15.120) Landscape Installation Report (Sec. 14.15.130) Water Budget Worksheet (Appendix B) Audit of Established Landscapes (Sec. 14.15.150) , 7. Any commercial cultivation of agricultural products; including, but not limited to products of farms, orchards, production nurseries and forests. (Ord. 16-2142 (part), 2016) 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" means the portion of water supplied by the irrigation system to the landscape. "Automatic irrigation controller" means a timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers are able to self-adjust and schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data. "Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. "Certificate of Completion" means the document required as part of the Landscape Documentation Package, Prescriptive Compliance Option, and listed as Appendix C. "Certified irrigation designer" means 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 W aterSense irrigation designer certification program and Irrigation Association's Certified Irrigation Designer program. 29 Landscape Ordinance 14.15.030 "Certified landscape irrigation auditor" means 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 Association's Certified Landscape Irrigation Auditor program. "Certified professional" means 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. "Compost" means the safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth. "Conversion factor" means the number (0.62) that converts acre-inches per acre per year to gallons per square foot per year. "Distribution uniformity" means the measure of the uniformity of irrigation water a defined area. "Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. "Effective precipitation (Eppt) or usable rainfall" means the portion of total precipitation which becomes available for plant growth. "Established landscape" means 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" means 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. Native habitat mitigation areas and trees may need three to five years for establishment. "Estimated total water use (ETWU)" means the total water used for the landscape as described in Appendix B. "Evapotranspiration adjustment factor (ET AF)" means a factor of 0.55 for residential areas and 0.45 for non-residential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency. The ETAF for new and existing (non- rehabilitated) special landscape areas shall not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8. "Evapotranspiration rate" means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. 2016 S-55 "Flow sensor" means an inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller, or flow monitor capable of receiving flow signals and operating master valves. This combination flow sensor/controller may also function as a landscape water meter or submeter. "Friable" means a soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded. "Fuel Modification Plan Guideline" means the guidelines from a local fire authority to assist residents and businesses that are developing land or building structures in a fire hazard severity zone. "Graywater" means an untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. Graywater includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers. Refer to California Health and Safety Code Section 17922.12. "Hardscape" means 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. "High water use plant" means a plant species whose demonstrated water needs are incompatible with local climate and soil conditions such that regular supplemental irrigation is required. Species classified "high water use" by "Water Use Classification of Landscape Species" (WUCOLS), having a regionally adjusted plant factor of0.7 through 1. 0, shall be considered high water use plants. High water use plants are prohibited in street medians. "Hydrozone" means a portion of the landscaped area having plants with similar water needs and rooting depth. A hydrozone may be irrigated or non-irrigated. "Invasive plant species" means species of plants, listed in the invasive plant inventory of the California Invasive Plant Council (IPC) and the USDA invasive and noxious weeds database that have been identified as invasive to areas within the IPC-delineated Central West (CW) region. "Irrigation audit" means 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 14.15.030 Cupertino -Streets, Sidewalks and Landscaping 30 reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation Association's Landscape Irrigation Auditor Certification program or other U.S. Environmental Protection Agency "W aterSense" labeled auditing program. "Irrigation efficiency (IE)" means the measurement of the amount of water beneficially used divided by the amount of water applied. The irrigation efficiency for purposes of this chapter is 75% for overhead spray devices and 81 % for drip systems. "Irrigation survey" means 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 perfonnance of the irrigation system. "Landscape architect" means 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" means 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" means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems. "Landscape project" means 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 multi-phased development. It may also be a larger, comprehensive landscape scheme that is not coupled with an individual building project. "Landscape Documentation Package" means the documents required under Section 14.15.050. "Landscape water meter" means an inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use. A landscape water meter may either be a customer service meter dedicated to landscape use provided by the local water purveyor or a privately owned meter or submeter. "Lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. "Low water use plant" means a plant species whose demonstrated water needs are compatible with local 2016 S-55 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" means 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. "Master shut-off valve" means an automatic valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve. "Maximum applied water allowance (MAW A)" means the upper limit of annual applied water for the established landscaped area calculated using the formula specified in Appendix B. "Mined-land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. "Mulch" means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, or 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" means 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. "New construction" means a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building, for the purpose of this chapter. "Non-residential landscape" means landscapes in commercial, institutional, industrial or public settings that may have areas designated for recreation or public safety assembly. It also includes portions of common areas of common interest developments with designated recreational areas. 31 Landscape Ordinance 14.15.030 "Operating pressure" means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate. "Overhead sprinkler irrigation system or overhead spray irrigation system" means a system that delivers water through the air (e.g., spray heads and rotors). "Overspray" means irrigation water that is delivered beyond the target area. "Planning permit" means any permit as defined in Chapter 19.08 of this Code, for the purpose of this chapter. "Plant factor" means 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 0.1 for very low water use plants, 0.1 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. Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR). "Rain sensor or rain sensing shutoff device" means a component that automatically suspends an irrigation event when it rains. "Recycled water" means treated wastewater, including reclaimed water or treated sewage effluent water of a quality suitable for non-potable uses including landscape irrigation and water features. "Reference evapotranspiration (ETo)" means a standard measurement of environmental parameters that affect the water use of plants. "Rehabilitated landscape" means 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. "Rtmoff" means water that is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. "Soil moisture sensor" means a device that measures the amount of water in the soil. The device may also initiate or suspend irrigation. "Special landscape area (SLA)" means an area of the landscape dedicated solely to edible plants, recreation areas, areas irrigated with recycled water, or water features using recycled water. "Sprinkler head or spray head" means a device that delivers water through a nozzle. "Station" means an area served by one valve or by a set of valves that operate simultaneously. 2016 S-55 "Submeter" means a metering device to measure water applied to the landscape that is installed after the primary utility water meter. "Turf" means 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" means a device used to control the flow of water in the irrigation system. "Water feature" means 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-fanrily, two-family and multi-family residential uses also are considered water features. "Wet surface area" means 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" means a geographic area identified by Chapter 16. 74 of this Code to be at a significant risk from wildfires. "WUCOLS" means the publication "Water Use Classification of Landscape Species" published by the University of California Cooperative Extension, and the Department of Water Resources 2014. (Ord. 16-2142 (part), 2016) 14.15.040 Prescriptive Compliance Option. Unless otherwise specified, the following prescriptive requirements shall be submitted to the Director of Community Development when a landscape project is subject to the requirements of the prescriptive compliance option, prior to final permit issuance. A. Water-Efficient Landscape Checklist (Appendix A). B. Landscape design plans. C. Irrigation plans. The following items shall be submitted to the Director of Community Development when a landscape project is subject to the requirements of the prescriptive compliance option, prior to final inspection. D. Certificate of Completion and Certificate of Installation, following installation of landscaping materials and irrigation hardware (Appendix C). 14.15.040 Cupertino -Streets, Sidewalks and Landscaping 32 E. Irrigation Schedule (Section 14.15. 110). F. Landscape and Irrigation Maintenance Schedule (Section 14.15.120). G. Landscape Maintenance Agreement (Section 14.15.140). (Ord. 16-2142 (part), 2016) 14.15.050 Landscape Documentation Package. 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, prior to final permit issuance. A. Water-Efficient Landscape Checklist (Appendix A). B. Water Budget Calculations (Appendix B) completed by a certified landscape professional. C. Landscape, Irrigation, and Grading Design Plans (Appendix D) completed by a certified professional. D. Soil Management Report (Section 14.15.080), if necessary. The following items shall be submitted to the Director of Community Development when a landscape project is subject to the requirements of this chapter, prior to final inspection. E. Certificate of Completion and Certificate of Installation, following installation of landscaping materials and irrigation hardware (Appendix C). F. Irrigation Schedule (Section 14.15. 110). G. Landscape and Irrigation Maintenance Schedule (Section 14.15.120). H. Landscape and Irrigation Installation Report (Section 14.15.130). I. Landscape Maintenance Agreement (Section 14.15.140). (Ord. 16-2142 (part), 2016) 14.15.060 Water-Efficient Design Elements. Projects set forth in Section 14.15.020 requiring a Landscape Documentation Package shall comply with all applicable criteria of this section. A. Plant Material: All plant material shall be chosen and arranged per requirements in Table 14.15.060(A). Table 14.15.060(A) 1. Options to demonstrate water efficiency a. i. Total turf area shall not exceed 25 % of OR b. Prepare a water budget calculation, per the the landscape area, or 1,250 square feet, provisions of Section 14.15.070. whichever is lesser in area and 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 ten 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 California Public Resources Code Section 4291. 2016 S-55 / 32A Landscape Ordinance 14.15.060 Table 14.15.060(A) 3. Non-turf Restrictions 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 landscaping. 4. The architectural guidelines, conditions, covenants or restrictions of a common interest development shall not supersede this chapter by either prohibiting low water use plants, or including conditions that have the effect of restricting the use of low water use plants. B. Hydrozones: 1. Plant materials of similar water use shall be grouped in hydrozones. 2. Mixed plant materials and hydrozoning: If plant materials of differing water uses are mixed, for purposes of preparing a water budget use Table 14.15.060(B). Table 14.15.060(B) Mixed plant materials Requirements Low and moderate water use plants Allowed. All plants classified as moderate water use for MAW A calculations. High water use plants with low and moderate water Not allowed in any hydrozone. use plants C. Irrigation System: The irrigation system proposed for any project shall meet the requirements outlined in Table 14. 15.060(C) Table 14.15.060(C) Category Requirements Irrigation System Shall meet all requirements per manufacturer's specifications and this table. Design Irrigation system and its related components shall be planned and designed to allow for proper installation, management and maintenance. Dedicated Landscape Water Meter Required for: a) All non-residential irrigated landscapes ~ 1,000 s.f. b) All residential irrigated landscapes ~5,000 s.f. Automatic Irrigation Controllers Required for irrigation scheduling, utilizing evapotranspiration or soil moisture sensor data utilizing non-volatile memory. Pressure Regulator A pressure regulating device is required if the water pressure is below or exceeds the recommended pressure of the specified irrigation devices. 2016 S-55 14.15.060 Cupertino -Streets, Sidewalks and Landscaping 32B Table 14.15.060(C) Category Requirements Sensors a) Integral or auxiliary, required to suspend or alter irrigation operation during unfavorable weather conditions. b) Flow sensors that detect high flow conditions due to system damage or malfunction are required: for all non-residential landscapes and residential landscapes z5,000 s.f. Separate Valve Required for each hydrozone. Where feasible, trees shall be placed on separate valves from shrubs, groundcovers and turf. Water Waste Irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions. Type of Irrigation Hardware Sprinkler heads shall be selected based on a distribution uniformity low quarter of 0.65 or higher using the protocol defined in American Society of Agricultural and Biological Engineers'/International Code Council's (ASABE/ICC) 802-2014 "Landscaped Irrigation Sprinkler and Emitter Standard". Low-volume Irrigation Required in mulched areas. Required in areas with slope > 25 % . Required within 24 inches of a non-permeable surface. Required in any narrow or irregularly shaped areas that are less than ten feet in width in any direction. Average Irrigation Efficiency Systems shall be designed, maintained and managed to meet or exceed average landscape Irrigation efficiency of 70 % . Irrigation Times Limited to between 8:00 p.m. and 10:00 a.m., unless unfavorable weather prevents it or renders irrigation unnecessary. Irrigation outside the normal designated window is allowed for auditing and system maintenance only. D. Soil Preparation: The proposed project shall incorporate soil preparation to meet the requirements outlined in Table 14.15.060(D). Table 14.15.060(D) 'I'ype of soil Requirements amendment/conditioning Topsoil Minimum eight inches, non-compacted topsoil shall be available for water absorption and root growth in planted areas. Minimum may be waived where a landscaped professional determines that practical limitations (e.g., slope and other geotechnical factors), necessitate a lesser soil depth that is viable for the chosen plant materials. 2016 S-55 32C Landscape Ordinance 14.15.060 Table 14.15.060(D) Type of soil Requirements amendment/conditioning Compacted soils Compacted soils shall be transformed to a friable condition prior to the planting of any materials. On engineered slopes, only amended planting holes need to meet this requirement. Compost Compost needs to be applied at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area to a depth of six inches into the soil. Soils with greater than 6 % organic matter in the top six inches of soil are exempt from adding compost and tilling. Other amendments Compost, fertilizer or other materials, shall be added according to the soil conditions at the project site and based on what is appropriate for the chosen plant materials. Mulch Minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas. Organic mulch materials made from recycled or post-consumer shall take precedence over inorganic materials or virgin forest products. Not needed in areas of direct seeding application (e.g. hydro-seed). Stabilizing mulching products Required for use on slopes. E. Water Features: 1. Recirculating water systems shall be used for all water features. 2. All pools and spas shall have covers. 3. Water features are limited to 10% of the landscaped area unless a water budget is prepared. 4. If water budget is prepared or required, use Table 14.15.070(E) for MAWA calculations. Table 14.15.060(E) % of landscape area Water features (including pools and spas) s: 10% Water features (including pools and spas) > 10% (Ord. 16-2142, (part), 2016) 14.15.070 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: 2016 S-55 Water usage for MA WA calculation Medium High A. All special landscape areas shall be identified and their water use included in the water budget calculations (Appendix B). B. All other factors are as defmed in Sections 14.15.030, 14.15.070, and Appendix B. C. Maximum applied water allowance shall be calculated for each project using the formulae outlined in Table 14.15.070: MAWA Calculation. 14.15.070 Cupertino -Streets, Sidewalks and Landscaping 32D 1. 2. Table 14.15.070: MAWA Calculation For existing non-MAWA= (ETo) rehabilitated landscapes (0.62) (LA) (0.8) > 1 acre that have dedicated irrigation meters. For all new and MAWA = (ETo) rehabilitated landscapes (0.62) [(ETAF x LA) + (1-ETAF x SLA)] Where: MAW A = 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). 0.55 = Reference Evapotranspiration Adjustment Factor (ET AF) for residential areas. 0. 45 = Reference Evapotranspiration Adjustment Factor (ETAF) for non-residential areas. 1-ETAF"" Additional Water Allowance for SLA. SLA = Special Landscape Area (square feet). 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 MA WA calculated using the formula above. ETWU = (ETo)(0.62) (ETAF)(Area) Where: ETWU = Estimated Total Water Use per year (gallons). ETo = Reference Evapotranspiration (inches). 0.62 = Conversion Factor. Area = Total Landscape Area (square feet). (Ord. 16-2142 (part), 2016) 14.15.080 Soil Analysis. The Director of Cornm1111ity Development or his/her designee shall have discretion to require soil analysis as a condition of approval for any planning permits, grading permit, or any type of discretionary permit, especially where large mass scale grading is anticipated. In projects 2016 S-55 with multiple landscape installations (i.e. production home developments) a soil sampling at a rate of 1 in 7 lots or approximately 15 % will satisfy this requirement. A soil analysis report shall document the various characteristics of the soil (e.g. soil 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. (Ord. 16-2142 (part), 2016) 14.15.090 Recycled Water. A. The installation of recycled water irrigation systems shall allow for the current and future use of recycled water. B. All recycled water irrigations systems shall be designed and operated in accordance with all applicable local and state laws. C. Landscapes using recycled water are considered special landscape areas. The ET Adjustment Factor for new and existing (non-rehabilitated) special landscape areas shall not exceed 1.0. (Ord. 16-2142 (part), 2016) 14.15.100 Graywater Systems. Graywater systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable local ordinance standards. Refer to Section 14.15.020 for the applicability of this ordinance to landscape areas less than 2,500 square feet with the estimated total water use met entirely by graywater. (Ord. 16-2142 (part), 2016) 14.15.110 Irrigation Schedule. A. For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria: 1. Irrigation scheduling shall be regulated by automatic irrigation controllers. 2. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. 32E Landscape Ordinance 14.15.110 3. For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the estimated total water use. Total annual applied water shall be less than or equal to maximum applied water allowance (MAW A). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data. 4. Parameters used to set the automatic controller shall be developed and submitted for each of the following: a. The plant establishment period; b. the established landscape; and c. Temporarily irrigated areas. 5. Each irrigation schedule shall consider for each station all of the following that apply: a. Irrigation interval (days between irrigation); b. Irrigation run times (hours or minutes per irrigation event to avoid runoff); c. Number of cycle starts required for each irrigation event to avoid runoff; d. Amount of applied water scheduled to be applied on a monthly basis; e. Application rate setting; f. Root depth setting; g. Plant type setting; h. Soil type; i. Slope factor setting; j. Shade factor setting; and k. Irrigation uniformity or efficiency setting. (Ord. 16-2142 (part), 2016) 14.15.120 Landscape and Irrigation Maintenance Schedule. 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 Documentation Package, with the landscape installation report, or any time before the landscape installation report is submitted. A. Schedules should take into account water requirements for the plant establishment period and water requirements for established landscapes. B. Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components with greater efficiency. 2016 S-55 C. 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. D. 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. (Ord. 16-2142 (part), 2016) 14.15.130 Landscape and Irrigation Installation Report. Landscape installation audit for new or rehabilitated landscapes shall 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 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." (Ord. 16-2142 (part), 2016) 14.15.140 Landscape Maintenance Agreement. A. 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 ofland served by the proposed landscape. B. 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. (Ord. 16-2142 (part), 2016) 14.15.150 14.15.150 Cupertino -Streets, Sidewalks and Landscaping 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). The City shall adopt reasonable rules and regulations on the process for determining what constitutes existing landscaping larger than one acre. Such audits may also be initiated as a 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 Section 14.15.050 and Table 14.15.070(C)(l). (Ord. 16-2142 (part), 2016) 14.15.160 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. (Ord. 16-2142 (part), 2016) 14.15.170 Local Agency Reporting. Local agencies responsible for administering individual ordinances shall report on their updated ordinance to the Department of Water Resources. Annual reports will be due by January 31 of each year and shall address the requirements as listed in California Code of Regulations Title 23, Division 2, Chapter 2. 7, Section 495. (Ord. 16-2142 (part), 2016) 14.15.180 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 1.12 of this Code. (Ord. 16-2142 (part), 2016) 2016 S-55 32F 32G Landscape Ordinance APPENDIX A: WATER-EFFICIENT LANDSCAPE CHECKLIST WATER-EFFICIENT LANDSCAPE CHECKLIST Community Development Department 10300 Torre Avenue 408.777.3308/Fax 408.777.3333 planning@cupertino.org http://cupertino.org/planning Cupertino, CA 95014 CUPERTINO PART 1: CERTIFIED/LICENSED PROFESSIONAL INFORMATION COMPANY &=MPANY ADDRESS E-MAlL PHONE PROFESSIONAL SEAL PART 2: PROPERTY & PROPERTY OWNER INFORMATION PROPERTY OWNER NAME E-MAIL PROPERTY OWNER ADDRFSS PHONE PROJECT ADDRESS A.P.N. PROJECT TYPE {CHECK APPUCAflL"l WATER SOURCE D New 0 Potable TOTAL LANDSCAPE AREA TURF PLANT AREA D Rehabilitated 0 Recycled 0 Non-Residential 0 On-site captured rainwater SQ.Fr. SQ.Fr. 0 Graywater WATER PURVEYOR NON-TllRf'PLANT AREA SPEGAL LANDSCAPE AREA -------------·---------____ SQ.FT. -··---·----------SQ.FT. PART 3: COMPLIANCE CHECKLIST Landscape Parameter TURF AREA Ono turf PLANTING AREA SOIL MANAGEMENT IRRIGATION SYS1EM O no irrigation system Requirements Turf shall not exceed 25% of the landscape ru:ea or 1,250 sq. ft, whichever:is lesser in area (No hnf in non-residential area) Turf shall not be planted on slopes more than 25 % • Compliance 0 YES 0 YES ---·------------------·---- All portions of turf areas shall be wider than ten (10) feet (unless irrigated with subsurface irrigation or low volume :irrigation system). At least 80% (100% for non-residential area) of noo-turf area shall consist of native or low water use plants. No :invasive and/ or noxious plant species shall be planted. ----------------------------·-·----···---··--·····- Plants with similar water needs shall be grouped wifuin hydrozones. Each hydrozone shall be controlled by a separate valve. Atleast4cti yds. <:i.romposl;six (6)Wies drop, shall be applied perl,(XXJ sq.ft. oflandroipearea. 0 YES 0 YES 0 YES 0 YES DYES A minimnm three (3) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas, except in areas of dil:ect seeding application (e.g. 0 YES hydro-seeding). Grading shall be designed to minimize soil erosion, run-off, and water waste. D YES Automatic irrigation controllers are required and must use evapotranspil:ation or soil moisture sensor data and utilize a rain sensor. Irrigation controllers shall be a type which does not lose programming data in the event the primary power source is interrupted. 0 YES DYES Pagel of2 2016 S-55 Appendix A Appendix A Cupertino -Streets, Sidewalks and Landscaping 32H I WATER-EFFICIENT LANDSCAPE CHECKLIST Community Development Department 10300 Torre Avenue 408.777.3308/Fax 408.777.3333 Cupertino, CA 95014 planning@cttpertino.org CUPERTINO http://cuperlino.org/planning Landscape Parameter Requirements Compliance IRRIGATION SYSTEM Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure of the system is within the manufacture11 s recommended DYES pressure range . --·--... ........ ............. .. ..... --·--···--···»·-···· .. ····-· -····-· ...... --'""''"-······ ··-·-·-·-· .. . ................. Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall DYES be installed as close to possible to the point of connection of the water supply. ........... .,. ·········-········· ······---···-··-·-·----·-···-····----···-····-· ·-···-·-···--·--.-•-------·---········· -·-~···-~·-·-------- All irrigation emission devices must meet the requirements set in the ANSI standard, ASABE/ICC 802-2014 "Landscape Irrigation Sprinkler and Emitter Standard." All sprinkler heads installed in the landscape must document a DYES distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014. ----· -------- Dedicated irrigation meters are required for non-residential projects with more DYES than 1,000 sq. ft. of landscape area. WATER FEATURES Pool and spa covers shall be installed. 0 YES D pool __ ,_ -. Recirculating water systems shall be used for all water features. DYES D other:--···-···-···· ··-· ...... -.... .. ··-···-··· .. ........ ··-··· ....... ·······-·-.. D no water features Water features are limited to 10% of lhe landscaped area. DYES 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 wi!h the requirements of Chapter 14.15 and/ or the requirements of the Prescriptive Compliance Option_ I also understand that any changes to the project will necessitate a new checklist. SIGNATURE OF PROPERI'Y OWNER ORAUI'H:ORIZED REPRESENTATIVE DATE SIGNATUREOFUCENSBD/CERTJPIEDLANDSCAPEPROFESSIONAL DATE Applicant Comments lJse additional paper if necP.:ssru.y Staff Evaluation Staff Comments 0 Approved 0 Not Approved Permit if SIGNATURE DATE Pagel of2 2016 S-55 321 Landscape Ordinance APPENDIX B: WATER BUDGET WORKSHEET WATER BUDGET WORKSHEET CUPERTINO Community Development Department 10300 Torre Avenue Cupertino, CA 95014 PART 1: PROPERTY INFORMATION PROJECT ADDRESS REFERENCEETo TOTAL LANDSCAPE AREA 45.3 ---·SQ.FT. PART 2: SAMPLE HYDROZONE TABLE REGULAR LANDSCAPE AREA A.P.N. NON-TURF PLANT AREA _SQ.Fr_ 408.777.3308/Fax 408.777.3333 planning@cupertino.org http://cupertino.org/planning SPECIAL LANDSCAPEAREA SQ.Fr. HYDROZONE PLANT IRRIGATION METHOD IRRIGATION ETAF LANDSCAPE AREA (SQ. FI'.) ETAFXLAND- SCAPEAREA FACTOR{PF) EFFlC!llNCY (IE) (PF/IE) 1------+------1-------+-·-----1-------li--·------1--------1---- SPECIAL LAl\.TDSCAPE AREA PART 3: WATER BUDGET CALCULATIONS I (Y) + (Z) (ETWU) < (MAWA) I PART 4: ETAF CALCULATIONS Average ETAF for Regular Landscapes= (B) +(A) _______ (ETAF) < (0.55 for residential) ______ {ET AF) < (0.45 for non-residential) Site-wide ETAF = (B + D) +(A+ C) ______ Site-wide ETAF FORMULAS ETWU = ETo x 0.62 x {ETAF x Landscape Area) Estimated Total Water Use TOTAIS (A) (B) (Y) (C) (D) (Z) DEFJNITIONS HYDROZONE: Put in hydrozone #,letter, or planting description. (e.g. 1, 2, 3; A, B, C; front porch, adjacent to driveway, from lawn, etc.) PLANT FACTOR (PF): Use WUCOLS to determine Plant Factor. Plant factors are 0.. 0.1 for very low water use plants, 0.1-0.3 fur low water use plants, 0.4-0.6 for moderate water use pla11ts, and 0.7-1.0 for high water use planls. lRRIGATION METHOD: Overhead spray or drip IRRIGATION EFFICIENCY (IE): 0.75 for spray and 0.81 for drip ETAF: The maxll:num average EvapoTranspiration Adjustment Factor for residential properties, exclusive of Special Landscape Areas, is 0.55 and for non-residential properties is 0.45; ETAF for new and existing Special Landscape Areas shall not exceed 1.0. ETo = evapotranspi:ration rate means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time 0.62 is a conversion factor that converts acre-inches/acre/year to gallons/sq.ft./year. MAWA= ETox 0.62x [(ETAFxLandscape Area)+ ((1-ETAF) x SLA)] Maximum Applied Water Allowance Page1 of1 2016 S-55 .• AppendixB Cupertino -Streets, Sidewalks and Landscaping 32J 32K Landscape Ordinance Appendix C APPENDIX C: WELCO COMPLIANCE CERTIFICATE I WELO COMPLIANCE CERTIFICATE Community Development Department 10300 Torre Avenue 408.777.3308/Fax 408.777.3333 Cupertino, CA 95014 planning@c11pertino.org CUPERTINO http://cnpertino.org/planning PROJECT ADDRESS & A.P.N CERTIFICATE OF COMPLETION PROPERTY OWNER NAME E-MAIL PROPERTY OWNER ADDRESS PHONE I certify that I received copies of all the documents required in the Landscape Ordinance (CMC Chaple: 14.15). I understand it is my i-esponsibility to record a maintenance agreement stating that the subject !andsape is protected and to see Iha! the project is maintained :in accordance with the Irrigation Schedule and the Landscape and Irrigation Maintenance Schedule provided. SIGNATURE OP PROPERTY OWNER DATE CERTIFICATE OF INSTALLATION =MPANY ADDRESS NAME TITIJl UC./CERT.# E-MAIL PHONE PROFESSIONAL SEAL I certify tliat based upon periodic site observations, the landscape planting and inigation installation has been completed in accordance with the Landscape Ordinance (CMC Chapter i4.15). I understand that it is my responsibility to provide the Inigation Schedule and the Landscape and Inigation Maintenance Schedule to the subject applicant/property owner. SIGNATUREOPUCBNSED/CERTIFIEDLANDSCAPEPROFESSIONAL DATE STAFF NOTES: 1. Prescriptive Compliance Application 6. Irrigation Schedule (prnmit #, inwection 0 YES D Not Required D YES D Not Required dale) 2. Water Effa:ien.t Landscape Worksheet 7. Landscape and Irrigation Maintenance Schedule D YES D Not Required D YES D Not Required 3. Landscape Plans 8. Soil Management Report D YES D Not Required D YES D Not Required 4. Inigation Plans 9. Irrigation Audit Report 0 YES D Not Required 0 YES 0 Not Required 5. Grading Plans D YES D Not Required Page1 of1 2016 S-55 Cupertino -Streets, Sidewalks and Landscaping 32L 32M Landscape Ordinance AppendixD APPENDIX D: LANDSCAPE AND IRRIGATION PLANS STANDARDS 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 .060 of Chapter 14.15 of this 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. Landscape Plans. 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: a. Symbol (representing the plant on the plan). b. Common name. c. Botanical name. d. Container size. e. Quantity. f. . Type (e.g. grass, forb, succulent, vine, shrub, tree, etc.). g. Water-efficient species identification. All "native" and "low water use" plant species (defined in Section 14.15.030) shall be so labeled. h. Unique physical specifications of plants (e.g., bare-root, field-potted, multi-trunk, etc.), if applicable; 3. Include the following: a. General notes, planting notes, plant layout based on size at maturity, species, and symbol legend. b. Spacing of proposed plantings. c. Topography. d. Trunk diameter of all existing protected trees as defined in Chapter 14.18 of this Code. e. Existing features to remain, such as trees, fencing, hardscape, etc. f. Existing features to be removed. 2016 S-55 g. Identification of pertinent site factors such as sun exposure, microclimate, property lines, buildings, underground/above-ground utilities, existing drainage features, etc. h. Proposed grading. See Section 16.08 of this Code for the requirements of when a grading permit is required. i. Seed mix, if applicable. j. All planted landscape areas are required to have friable soil to maximize water retention and infiltration; 4. Delineate and label each hydrozone; 5. Identify each hydro zone as low water, moderate water, high water, or mixed (low/moderate) water use, as defined by WUCOLS; 6. Identify special landscape areas (areas permanently and solely dedicated to edible plants, areas irrigated with recycled water; 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. Irrigation Plans. 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, sprinlder 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. " AppendixD Cupertino -Streets, Sidewalks and Landscaping 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 this 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 this Code, the plan shall demonstrate that plants have been selected and arranged to provide defensible space for wildfire protection, in conformance with California 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 Region's National Pollutant Discharge Elimination System (NPDES) storm water discharge permit requirements and Chapter 9.18 of this Code. It is strongly recommended that landscape areas be designed for capture and infiltration capacity that is sufficient to prevent runoff from impervious surfaces (i.e. roof and paved areas) from either: 1. The one inch, 24-hour rain event; or 2. The 85th percentile, 24-hour rain event, and/or additional capacity as required by any applicable local, regional, state or federal regulation. (Ord. 16-2142 (part), 2016) 2016 S-55 32N 41 Comprehensive Ordinance List Ord. No. Ord. No. 2056 Amending 2.08.095, 2.48.020, 2064 Amending 11. 08. 260 relating to 9.20.030, 14.04.010, 14.04.040, designated bicycle routes (11. 08) 14.04.110, 14.04.130, 14.04.160, 2067 Amending 11. 20. 020 regarding 14.04.175, 14.04.240, 14.05.010, vehicular stops at certain intersections 14.05.040, 14.05.070, 14.05.090, (11.20) 14.18.020, 14.24.070, 16.04.050, 2069 Amending Chapter 6. 24 regarding 16.32.040, 18.28.040, 19.08.030, garbage and recycling collection and 19.16.020, 19.16.030, 19.20.020, disposal (6.24) 19.20.030, 19.24.010, 19.28.030, 2070 Amending Chapter 16. 72 to add 19.28.090, 19.28.130, 19.32.020, recycling to provisions ( 16. 72) 19.32.030 (Repealed by Ord. 2085), 2071 Not adopted 19.36.020, 19.36.030 (Repealed by 2072 Amending Chapters 16.04, 16.12, Ord. 2085), 19.36.050 (Repealed by 16. 16, 16.20, 16.24, 16.40, adding Ord. 2085), 19.36.080 (Repealed by Chapters 16.06, 16.54, 16.58, 16.80 Ord. 2085), 19.40.030, 19.40.140, regarding various building and 19.44.020, 19.50.010 -19.50.060, construction codes (16.04, 16.06, 19.52.010 -19.52.030, 19.52.050, 16.16, 16.20, 16.24, 16.40, 16.54, 19.52.060, 19.56.060, 19.56.070, 16.58, 16.80) (16.04.010, 16.04.015, 19.60.040, 19.64.040, 19.64.070, 16.04.060, 16.04.070, 16.04.080, 19.64.090, 19.76.050, 19.76.060, 16.04.340, 16.04.350, 16.04.360, 19.82.060, 19.88.020, 19.100.040, 16.04.370, 16.06.010, 16.06.015, 19.100.060, 19.116.120, 19.116.310, 16.06.050, 16.06.060, 16.06.070, 19.118.020, 19.124.040, 19.124.060, 16.06.080, 16.06.090, 16.06.100, 19.134.030, 19.134.090 regarding the 16.12.010, 16. 12.020, 16.16.010, housing element of the General Plan, 16.16.015, 16.20.010, 16.20.015, 19.144.230, 19.148.020 (2.08, 2.48, 16.24.010, 16.24.015, Ch. 16.40 9.20, 14.04, 14.05, 14.18, 14.24, Repealed by Ord. 13-2115) 16.04, 16.32, 18.28, 19.08, 19.16 2073 Repealing and replacing 19.48.010 - (Repealed by Ord. 2085), 19.20 19.48.050, 19.72.040, 19.124.010 - (Repealed by Ord. 2085), 19.24, 19.28 19.124.150, 20.04.040 (19.48 (Repealed by Ord. 2085), 19.32, 19.36, (Repealed by Ord. 2085), 19.72 19.40 (Repealed by Ord. 2085), 19.44, (Repealed by Ord. 2085), 19.124 19.50 (Repealed by Ord. 2085), 19.52, (Repealed by Ord. 2085), 20.04) 19.56 (Repealed by Ord. 2085), 19.60, 2074 Amending 19.08.010 (Repealed by 19.64 (Repealed by Ord. 2085), 19.76, Ord. 2085), 19.08.020 (Repealed by 19.82 (Repealed by Ord. 2085), 19.88, Ord. 2085), 19.08.030, and 19.100 (Repealed by Ord. 2085), 19.100.030 -19.100.040 (19.08, 19.116 (Repealed by Ord. 2085), 19. 100 (Repealed by Ord. 2085)) 19.118 (Repealed by Ord. 2085), 2075 Not adopted 19.124, 19.134 (Repealed by Ord. 2076 Not adopted 2085), 19.144, 19.148) Res. 03-037 Amending 11.27.149 designating 2057 Rezoning certain land (Not codified) permit parking on Madrid Road 2058 Repealing and replacing Ch. 14.15 (11.27) regarding the Landscaping Ordinance 2077 Establishing §§ 10-90.010 -10-90.040 (14.15) (Repealed by Ord. 16-2142) regulating smoking in recreational 2059 Rezoning certain land (Not codified) areas (10.90) 2060 Not Adopted 2078 Amending 11.20.030 regarding 2062 Amending Chapter 2. 86 regarding the required stops at certain intersections Housing Commission (2.86) (11.20) 2063 Amending 11. 08. 250 relating to 2079 Amending Single-Family Residential designated bicycle lanes ( 11. 08) (Rl) Zones (19.28) (Repealed by Ord. 2085) 2016 S-55 Cupertino -Comprehensive Ordinance List 42 Ord. No. Ord. No. 2080 Electing and implementing 2088 Stormwater pollution prevention and participation in the voluntary watershed protection -Amends entirety alternative development program (Not of Ch. 9 .18, repeals former sections codified) 9.18.050, 9.18.130, 9.18.140, adds 2081 Amends 2.08.080 and 2.080.090 new sections 9.18.015, 9.18.115, regarding City Council rules and 9.18.130, 9.18.195 (9.18) conduct of meetings (2. 08) 2089 Amending Chapter 3.12.030 increasing 2082 Amends 11. 20. 020 regarding vehicular the transient occupancy tax rate (3 .12) stops at certain intersections ( 11. 20) 2090 Rezoning certain land (Not codified) 2083 Amends 19.60.010, 19.60.080, 2091 Amending 11.08.250 relating to 19.60.090, 19.60.100 related to the bicycle lanes (11.08) streamlining and codification of ML-re 2092 Amends Ch. 14.12, trees (14.12) (19.60 (Repealed by Ord. 2085)) 2093 Amends 2.28.090; deletes 2.28.020, 2084 Rezoning certain land (Not codified) City Manager (2.28) 2085 Amends Ch. 2.90; adds Ch. 9.16; 2094 Amends 6.24.020 and 6.24.300; adds amends Ch. 14.18; amends 6.24.035 regarding garbage and § 16.08.200; amends Title 18, Ch. recycling collection and disposal (6.24) 18.04, 18.08, 18.12, 18.16, 18.20, 2095 Amends Ch. 9.06, massage 18.24, 18.28, 18.32, 18.36, 18.40, establishments and services (9.06) 18.44, 18.48, 18.52, 18.56; amends 2096 Amends 2.18.110, City Attorney Title 19, Ch. 19.\)4, 19.08, 19.12, (2.18) 19.16, 19.20, 19.24, 19.28, 19.32, 2097 Amends 2.28.040 regarding City 19.36, 19.40, 19.44, 19.48, 19.52, Manager powers and duties (2.28) 19.56, 19.60, 19.64, 19.68, 19.72, 2098 Amends Ch. 19.104, signs, regarding 19.76, 19.80, 19.84, 19.88, 19.92, placement of temporary political signs 19. 96, 19.100, 19.104, 19.108, (19.104) 19.112, 19.116, 19.120, 19.124, 12-2099 Amends Ch. 16.58, Green Building 19.128, 19.132, 19.136, 19.140, Standards Code (16.58) 19.144, 19.148, 19.152, 19.156, 2100 Amends contract with PERS (Not 19.160, 19.164, 19.168; repeals Title codified) 17 (2.90, 9.16, 14.18, 16.08, 18.04, 12-2101 Amends 13.04.130 to prohibit feeding 18.08, 18.12, 18.16, 18.20, 18.24, waterfowl in City parks; amends 18.28, 18.32, 18.36, 18.40, 18.44, 1.12.010 to set a penalty therefor 18.48, 18.52, 18.56, 19.04, 19.08, (l.12, 13.04) 19.12, 19.16, 19.20, 19.24, 19.28, 13-2102 Adds Ch. 9.17, regulation of single- 19.32, 19.36, 19.40, 19.44, 19.48, use carryout bags (9 .17) 19.52, 19.56, 19.60, 19.64, 19.68, 13--2103 Amends 9.18.020, 9.18.210, 19.72, 19.76, 19.80, 19.84, 19.88, 9.18.260; adds 9.18.215 regarding 19.92, 19.96, 19.100, 19.104, 19.108, stormwater pollution prevention (9. 18) 19.112, 19.116, 19.120, 19.124, 13-2104 Rezoning certain land (Not codified) 19.128, 19.132, 19.136, 19.140, 13-2105 Amends 8.03.010 and 13.04.130 19.144, 19.148, 19.152, 19.156, regarding dogs off leash (8.03, 13.04) 19.160, 19.164, 19.168) 13-2106 Amends 2.04.005, date of general 2086 Amending the zoning map (Not municipal election (2.04) codified) 13-2107 Amends Ch. 14.18, protected trees 2087 Amending the Heart of the City (14.18) Specific Plan (Not codified) 13-2108 Amends 5.32.060, 5.32.090, 5.32.100, 5.32.190 -5.32.260, 5.32.280 -5.32.330 regarding bingo (5.32) 2013 S-41 43 Comprehensive Ordinance List Ord. No. Ord. No. 13-2109 Amends 14.04.170 and 18.32.390 14-2118 Amends 11.27.020, 11.27.050, regarding acceptance of public 11. 27 .145 regarding designation of improvements (14.04, 18.32) preferential parking zones around the 13-2110 Repealing and replacing Ch. 14.08, Civic Center Plaza (11.27) encroachments and use of city rights-of-14-2119 Rezoning certain land (Not Codified) way (14.08) 14-2120 Amends 11.08.250 regarding 13-2111 Amends 14.12.120 regarding condition designated bicycle lanes (11. 08) for development or building permit 14-2121 Amends 10.56.020, 10.90.010, (14.12) 10.90.020, 10.90.040, and 10.90.050, 13-2112 Rezoning certain land (Not Codified) regarding outdoor smoking (10.56, 13-2113 Rezoning certain land (Not Codified) 10.90) 13-2114 Approving development agreement 14-2122 Amends 9 .17 .130 regarding single-use between city and Apple, Inc.; repeals carryout bags (9. 17) Ord. 1702 (Special) 14-2123 Adds 2.08.145 regarding City Council 13-2115 Amending Ch. 16; adding Ch. 16.02, review (2.08) Administrative Code; repealing and 14-2124 Rezoning certain land (Not Codified) replacing Ch. 16.04, Building Code; 14-2125 Adding Ch. 13.08, park land repealing and replacing Ch. 16.06, dedication, amending Ch. 18.24, Residential Code; repealing and dedications and reservations, Ch. replacing Ch. 16.12, Soils and 19.08, definitions, Ch. 19.12, Foundations -Subdivisions; repealing Administration, Ch. 19.20, permitted, and replacing Ch. 16.16, Electrical conditional, and excluded uses in Code; repealing and replacing Ch. agricultural and residential zones, Ch. 16.20, Plumbing Code; repealing and 19.56, densitybonus, Ch. 19.76, replacing Ch. 16.24, Mechanical Code; Public Buildings (BA), Quasi-Building repealing Ch. 16.32, Swimming Pools; (BQ) and Transportation (T) zones, amends 16.36.010, 16.36.020, Ch. 19. 80, Planned Development (P) 16.36.030, 16.36.040, 16.36.050, zones, Ch. 19.84, Permitted, 16.36.070, 16.36.120 regarding conditional and excluded uses in Open relocation of buildings; repealing Space, Park and Recreation and 16.36.130 regarding violations-penalty Private Recreation zoning districts, for moving buildings; repealing and Ch. 19.144, development agreements, replacing Ch. 16.40, Fire Code; adding Ch. 19.172, below market rate amends 16.54.010 regarding adoption of housing program (13.08, 18.24, 19.08, Energy Code; amends 16.58.010, 19.12, 19.20, 19.56, 19.76, 19.80, 16.58.015, 16.58.040, 16.58.100 19.84, 19.144, 19.172) regarding the Green Building Standards 14-2126 Amends Ch. 14.18 regarding tree Code (16.02, 16.04, 16.06, 16.12, removal (14.18) 16.16, 16.20, 16.24, 16.32, 16.36, 15-2127 Amends 2.36.030, 2.36.0070, 16.40, 16.54, 16.58) 2.36.080 and 2.36.090 regarding the 14-2116 Adds 9.15.100, 9.15.110, 9.15.120, City Park and Recreation Commission 9.15.130, 9.14.140, prohibiting use of (2.36) polystyrene foam disposable food 15-2128 Amends 11.32.010 and adds 11.32.055 service ware (9 .15) regarding truck access to streets in 14-2117 Adds 16.58.400 and 16.58.420 to Ch. school zones (11.32) 16.58, Green Building Standards Code; 15-2129 Amends Ch. 2.40, Disaster Council amends 1.08.010, 1.08.020, 1.08.030 (2.40) regarding right of entry for inspection 15-2130 Amends Ch. 6.24, Garbage, Non- (16.58, 1.08) Organic Recycling and Organic Waste Recycling Collection and Disposal; amends Ch. 9.16, Solid Waste, Non-Organic Recycling and Recycling Areas (6.24, 9.16) 2015 S-49 Ord. No. 15-2131 15-2132 15-2133 15-2134 15-2135 15-2136 15-2137 15-2138 16-2139 16-2140 16-2141 16-2142 2016 S-55 Cupertino -Comprehensive Ordinance List Amends Ch. 15.32, Water Conservation (15.32) Adds Ch. 2.94, Sustainability Commission (2.94) Adds Ch. 16.28, Expedited Permit Process for Small Rooftop Solar Systems (16.28) Amends 11.32.020, 11.32.055, 11.32. 070 and 11. 32. 080 regarding truck routes and truck access within city and school zones, (11.32) Rezoning certain land (Not Codified) Amends § 2.12.040, ordinance passage (2.12) Amends § 2.04.010, regular meetings (2.04) Authorizing the implementation of a Community Choice Aggregation Program (Not Codified) An interim urgency ordinance establishing a moratorium on all medical marijuana facilities pending completion of an update to the zoning code (Not Codified) Amends § 19.08.030 regarding definitions (19.08), adds Ch. 19.98 regarding medical marijuana (19.98), and amends§ 19.152.030 regarding proposed ordinances (19.152) Amends§ 14.04.110 and§ 18.56.040 regarding street reimbursement charges (14.04, 18.56) Repealing and replacing landscape ordinance,§§ 14.15.010, 14.15.020, 14.15.030, 14.15.040, 14.15.050, 14.15.060, 14.15.070, 14.15.080, 14.15.090, 14.15.100, 14.15.110, 14.15.120, 14.15.130, 14.15.140, 14.15.150, 14.15.160, 14.15.170, 14.15.180 (14.15) 44 16A HORSE See ANIMAL HOTEL Business license tax rate 5.04.390 HOUSING ADVISORY, APPEALS BOARD Created, appointment, powers, duties generally 16.56.020 HOUSING CODE Adopted 16.56.010 Appeals 16.56.020 Violation, penalty 16.56.030 HOUSING COMMISSION Chairperson, vice-chairperson, selection, term 2.86.050 Compensation 2.86.070 Effect of provisions 2.86.130 Established, composition 2.86.010 Meetings 2016 S-55 See also Procedural rules regulations generally 2.86.060 voting, requirements 2. 86. 080 Index Cupertino -Index 16B 17 Members See also Specific Subject selection, qualifications, residency 2. 86. 020 Power, duties, responsibilities generally 2.86.100 Procedural rules 2.86.120 Recordkeeping, requirements 2. 86. 090 Staff assistance 2. 86 .110 Term ofoffice 2.86.030 Vacancy, filling 2.86.040 --I -- IMPROVEMENTS, STREET See STREET IMPROVEMENT INSPECTION Exemption from provisions 1. 08. 020 Notification of rights 1.08.030 Warrant required 1.08.010 --J -- JUNKYARD Business license --K -- KENNEL See also BUSINESS LICENSE fee 5.04.350 See ANIMAL --L -- LAND DEVELOPMENT PLANNING See also ZONING Specific plans applicability 20.04.020 contents 20. 04. 050 fees 20.04.060 preparation, adoption, amendment, repeal 20.04.030 purpose 20.04.010 zoning district designation 20.04.040 LANDSCAPING Applicability 14.15.020 Audit of existing landscapes larger than one acre 14.15.150 Definitions 14.15.030 Graywater systems 14.15.100 2016 S-55 Index Intent 14.15.010 Irrigation schedule 14. 15 .110 Landscape and irrigation maintenance schedule 14.15 .120 Landscape documentation package 14 .15. 050 Landscape and irrigation installation report 14.15.130 Landscape maintenance agreement 14. 15 .140 Local agency reporting 14.15.170 Penalties 14.15.180 Prescriptive compliance option, 14.15.040 Public education 14. 15 .160 Recycled water 14.15.090 Soil analysis 14.15.080 Water budget calculation 14.15.070 Water-efficient design element 14.15.060 LIBRARY COMMISSION Compensation 2.68.050 Duties, powers, responsibilities 2.68.070 Effect 2.68.080 Established 2.68.010 Meetings, quorum 2.68.040 Records 2.68.060 Term ofoffice 2.68.020 Vacancy, removal 2.68.030 LICENSE See also PERMIT Bicycle 11. 08. 020 Bingo 5.32.190, 5.32.270 Business See BUSINESS LICENSE Cat 8.08.350 Commercial advertising 10.52.060 Dog 8.08.260 LIQUOR Alcoholic beverages, gasoline concurrent sales appeals 19.132.070 applicability of provisions 19.132.020 conditional use permit findings, basis 19.132.050 grant criteria 19.132.030 hearing 19.132.040 purpose of provisions 19.132.010 restrictions generally 19.132.060 Consumption, open container possession prohibitions 10.49.010 Violation, penalty 10.49.020 LOADING ZONES See PARKING Cupertino -Index 18 --M-- MANAGER, CITY Abandoned, inoperative vehicle enforcement 11. 04. 040 removal authority 11.04.061 storage notice 11. 04. 130 Animal control administrative authority 8. 01. 040 seizure hearing 8.06.040 Approved street tree enforcement 14.16.080 Bicycle enforcement 11.08.030 lanes designation 11. 08. 250 license issuance 11. 08. 040 Bingo license applicant investigation 5.32.210, 5.32.220 approval 5.32.240 denial 5.32.250 Bingo, provisions administration 5.32.170 Clerk, city, appointment 2.20.100 Commission meetings, attendance 2.28.060 Compensation, reimbursement 2. 28. 080 Created 2.28.010 Departmental organization authority 2.48.030 Director of emergency services 2.40.050 Eligibility, bond 2.28.030 Garage, patio sale enforcement authority 5 .16. 060 Grocery store enforcement authority 5.36.060 Park and/or building permit issuance 13.04.040 Parks administration 13.04.220 Pedestrian regulations administration 11. 09. 020 Powers, duties 2.28.040 Relations with council 2.28.050 Sales and use tax, alternate, collection 3.09.050 Solicitor administrative authority 5 .20.100 identification permit application investigation 5.20.020 revocation, duties 5.20.070 Street tree enforcement 14.12.040 Surplus sales officer duties 3.25.020 Suspension, removal, resignation 2.28.090 Taxicab driver license suspension, revocation 5.28.180 Temporary absence, replacement 2.28.070 Traffic speed limit signing 11.12.040 stop intersection signing 11. 20. 040 Water department duties 15.12.090 provisions enforcement 15.12.050 MARIJUANA See MEDICAL MARIJUANA 2016 S-54 MASSAGE ESTABLISHMENTS, SERVICES Conditions of premises 9. 06. 196 Definitions 9.06.020 Exemptions from provisions 9.06.030 Inspection of premises 9.06.230 License, permit See also MTO certificate, Permit application 9. 06. 050 documentation 9.06.055 fee 9.06.060 grounds for denial 9.06.070 expiration and renewal 9. 06. 065 required 9.06.040, 9.06.041 suspension or revocation appeals 9.06.220 grounds 9.06.200 hearing 9.06.210 notice 9.06.210 MTO certificate See also License, permit, Permit required 09. 06. 041 Operating requirements 9.06.193 Permit See also License, permit, MTO certificate massage establishment employees permit requirements 9.06.080 massage therapist annual medical examination 9.06.160 criteria 9. 06. 110 practical examination 9.06.120 outcall massage application 9.06.180 criteria 9.06.190 Prohibited acts 9.06.198 Purpose of provisions 9.06.010 Sanitary conditions 9. 06 .196 Violation MAYOR continuing 9. 06. 260 alternative remedies 9.06.260 penalty 9.06.250 public nuisance 9.06.240 Board of appeals appointment 16.04.020 Disaster council chairman 2.40.030 Employees' retirement system execution 2.56.020 MECHANICAL CODE Adopted 16.24.010 Adoption of appendix chapters 16.24.015 Condensate wastes 16.24.030 Name insertion 16.24.020 MEDICAL MARIJUANA Enforcement 19.98.030 Prohibitions 19. 98. 020 Purpose 19.98.010