MCA-2010-01b - Landscape Ordinance ORDINANCI; NO. 10-2058
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REPEALING
THE EXISTING CHAPTER 14.15 OF THE C�7PERTINO MUNICIPAL CODE, XERISCAPE
LANDSCAPING, AND ADOPTING A NEW CI�APTER 14.15, LANDSCAPE ORDINANCE, IN
ORDER TO ESTABLISH NEW LANDSCA]'ING REGULATIONS PURSUANT TO THE
CALIFORNIA WATER CONSER VATION IN LANDSCAPING ACT.
THE CITY OF CUPERTINO ORDAINS AS FO]�LOWS:
Section 1. Statement o Purpose. This ordinalce establishes new water-efficient landscaping and
irrigation requirements as mandated by the <:alifornia 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. Severabilitv. Should any provision c�f this Ordinance, or its application to any person or
circumstance, be determined by a court of a�mpetent 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. Effective Date. This Ordinance shal 1 take effect thirty days after adoption as provided by
Government Code Section 36937.
Section 5. Certi ication. The City Clerk shall �;ertify 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 ��upertino City Council the 20th day of April and
ENACTED at a regular meeting of the Cupertino City Council the 4th day of May 2010 by the following
vote:
Vote Members of the City Council
Ayes: Wang, Wong, Chang, Mahoney, Sa itoro
Noes: None
Absent: None
Abstain: None
ATTEST AP PROVED :
/s/ Kimberly Smith /s/ Kris Wang
City Clerk Mayor, City of Cupertino
Ordinance No. 10-2058
2. Any project, regardless of total landsca� e area, that is determined to have an impact due
to a unique geographical or environmer tally 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, th�� city may require a landscape project submittal.
B. The provisions of this chapter shall not app: y to:
1. Registered local, state or federal historical sites where landscaping establishes an
historical landscape style, as determinec� by the City Council;
2. Surface mine reclamation projects that d o not require a permanent irrigation system;
3. Ecological restoration projects that do n��t require a permanent irrigation system;
4. Cominunity gardens or plant collection�,, as part of botanical gardens and arboretums
open to the public; or
5. Any commercial cultivation of agricultu ral 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 �iefinitions 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. Automat.c irrigation controllers schedule irrigation
events using either evapotranspiration (we<<ther-based) or soil moisture data.
Backflow prevention device: A safety device iised to prevent pollution or contamination of the
water supply due to the reverse flow of wai er from the irrigation system.
Certified irrigation designer: A person certifiE d to design irrigation systems by an accredited
academic institution, a professional trade o�•ganization or other program such as the US
Environmental Protection Agency's Water�ense irrigation designer certification program
and Irrigation Associatiori s Certified Irriga tion Designer program.
Certified landscape irrigation auditor: A pers�n certified to perform landscape irrigation
audits by an accredited academic institutio�i, a professional trade organization or other
program such as the US Environmental Prctection Agency's WaterSense irrigation auditor
certification program and Irrigation Associ�itiori s Certified Landscape Irrigation Auditor
program.
Certified professional: A certified irrigation d�signer, certified landscape irrigation auditor,
licensed landscape architect, licensed lands �ape 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 wher�� 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 plalts in the landscape have developed significant
root growth into the soil. Typically, most p: ants are established after one or two years of
growth.
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Ordinance No. 10-2058
Establishment period of plants: The first year ��fter 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 growtr .
Estimated Total Water Use (ETWU): The total �vater 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 1.0. ETAF ior existing non-rehabilitated landscapes is 0.8.
Evapotranspiration rate: The quantity of wate� evaporated from adjacent soil and other
surfaces and transpired by plants during a��pecified time.
Hardscape: Any constructed feature in a lands =ape 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 liaving plants with similar water needs. A
hydrozone may be irrigated or non-irrigate�i.
Invasive plant species: Species of plants, listec. in the invasive plant inventory of the California
Invasive Plant Council (IPC), that have beeii 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 �vith distribution uniformity or emission
uniformity, reporting overspray or runoff tllat 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 minir.lum average irrigation efficiency for purposes of
this Chapter is 70%.
Irrigation survey: An evaluation of an irrigatic►n 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 lic �nse to practice landscape architecture in
California as further defined by the Califonua Business and Professions Code Section 5615.
Landscape area: All the planting areas, turf ar��as, and water features in a landscape
installation. The landscape area does not ir�clude footprints of buildings or structures,
sidewalks, driveways, parking lots, decks, ��atios, gravel or stone walks, other pervious or
non-pervious hardscapes, and other non-ir�•igated areas designated for non-development
(e.g., open spaces and existing wildland or native vegetation).
Landscape contractor: A person licensed by th e State of California to construct, maintain,
repair, install, or subcontract the development of landscape systems.
Landscape project: An undertaking of landsc�pe design and installation on a particular area of
land. A landscape project may be associatE d 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.
Lateral line: The water delivery pipeline that :;upplies 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 i egular supplemental irrigation is not required to
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Ordinance No. 10-2058
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 through 0.3, shall be considered low water
use plants.
Low-volume irrigation: The application of irri�;ation water through a system of tubing or
lateral lines and low-volume emitters such ��s drip, drip lines and bubblers specifically
designed to apply small volumes of water s.owly at or near the root zone of plants. Certain
rotary emitters designed to provide highly f�fficient water distribution may also be included
in this defirution, at the discretion of the DiY ector of Community Development.
Maximum Applied Water Allowance (MAWA): The upper limit of annual applied water for
the established landscaped area calculated iising 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, b<<rk, straw, compost, or inorganic mineral
materials such as rocks, gravel, and decom��osed granite, left loose and applied to the soil
surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating
soil temperature, and preventing soil erosicn.
Native plant: A plant indigenous to a specific �irea of consideration. For the purpose of this
Chapter, the term refers to plants indigenoi�s to the coastal ranges of central and northern
California, and more specifically to such pl��nts that are suited to the ecology of the present
or historic natural community in the projec�'s vicinity.
Noxious weed: Any weed designated by the v��eed control regulations in the Weed Control Act
and identified on a regional district noxiou:; 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 systE�m that delivers water through the air (e.g., spray
heads and rotors).
Overspray: Irrigation water that is delivered b �yond the target area.
Plant factor: A number, which, when multipliE�d by reference evapotranspiration (ETo),
estimates the amount of water needed by p lants. 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 basE�d 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, includin�; reclaimed water or treated sewage effluent
water of a quality suitable for non-potable,zses including landscape irrigation and water
features. Reference evapotranspiration (E7'o): A standard measurement of environmental
parameters that affect the water use of plan ts.
Rehabilitated landscape: Any re-landscaping :�roject 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 servic e application.
Runoff: Water that is not absorbed by the soil ��r landscape to which it is applied and flows
from the landscape area.
Soil moisture sensor: A device that measures ihe amount of water in the soil. The device may
also initiate or suspend irrigation.
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Ordinance No. 10-2058
Special landscape area (SLA): An area of the la�ldscape dedicated solely to edible plants, areas
irrigated with recycled water, water feature:; using recycled water and areas dedicated to
active play such as parks, sports fields, golf �ourses, and where turf provides a playing
surface.
Sprinkler head: A device that delivers water tY�rough a nozzle.
Station: An area served by one valve or by a set of valves that operate sixnultaneously.
Turf: A ground cover surface consisting of non-native grass species that is customarily mowed.
Annual bluegrass, Kentucky bluegrass, perE�nnial ryegrass, red fescue, and tall fescue are
examples of cool-season turf grasses. Berm,zda 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 wai:er in the irrigation system.
Water feature: A landscape design element where open water performs an aesthetic or
recreational function. Water features incluc_e 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, twc�-family and multi-family residential uses also
are considered water features.
Wet surface area: The surface area of that porti on of a water feature that functions to contain
water, such as the water surface of a swimnung pool, spa, or garden pond. For a fountain or
other feature with flowing water, wet surfa�:e 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 significant risk from wildfires.
WUCOLS: The publication "Water Use Classification of Landscape Species published by the
„
University of California Cooperative Exten:;ion, the Departxnent 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 p�oject 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 (A��pendix B) completed by a certified professional.
C. Water Budget Calculations (Section 14.15.(190), if necessary.
D. Soil Analysis Report (Section 14.15.100), if necessary.
E. Landscape and Irrigation Maintenance Sc�►edule (Section 14.15.120).
F. Landscape Installation Report (Section 14. L5.110), following installation of landscaping
materials and irrigation hardware.
14.15.050. Water-Efficient Design Elerr.ents
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 arra�tged per requirements in Table 14.15.050(A).
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Ordinance No. 10-2058
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
A.ND
2 Turf Restrictions
a. Turf shall not be planted on slopes greater than 25%.
b. Turf areas shall not be less than ei ht ieet wide.
3 Non-turf Restrictions
a. Plants shall be arranged appropriately based upon the site's climate, slopes, sun
exposure, soil characteristics, wildfire suscepHbility 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 consider��d, 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 ��rovide defensible space for wildfire protection, in
conformance with Public Resources G�de Section 4291.
d. Invasive plant species/noxious weeds:
i. Installation shall be prohibited.
ii. Existing within or adjacent to the p� oposed 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 chap :er 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 & hydrozorwig: If plant materials of differing water uses are
mixed, for purposes of preparing a�Nater budget use Table 14.15.050(B).
Table 14.15.050 (B)
Mixed lant materials Re uir��ments
Low and moderate water Allowe�i. All plants classified as moderate
use lants water use for MAWA calculations.
High water use plants with Not allc�wed in any hydrozone.
low and moderate water
use lants
C. Irrigation System:
The irrigation system proposed for any prcject shall meet the requirements outlined in Table
14.15.050 (C)
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Ordinance No. 10-2458
Table 14.15.050 C
Cate o Re uirements
Shall meet all requir��ments per manufacturer's specifications and this
Irri ation S stem table.
Irrigation system an�i its related components shall be planned and
Desi n desi ed to allow fo r ro er installation, mana ement and maintenance.
Dedicated Landscape
Water Meter Re uired for landsr. es > 5,000 s.f., exce t sin le-famil residential.
Automatic Irrigation Required for irrigati �n scheduling, utilizing evapotranspiration or soil
Controllers moisture sensor dat��.
Integral or auxiliary, required to suspend or alter irrigation operation
Sensors durin unfavorable rveather conditions.
Required for each h��drozone. Where feasible, trees shall be placed on
Se arate Valve se arate valves fro�r� shrubs, roundcovers and turf.
Irrigation system sh;ill 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 Eor the lant e within that h drozone.
Re uired in mulche�� areas
Re uired i areas w ith slo e> 25%
Low-volume Irrigation Re uired within 24 :nches of a non- ermeable surface
Required in any nar row or irregularly shaped areas that are less than
ei ht 8 feet in widih in an direction.
Average Irrigation Systems shall be de� igned, maintained and managed to meet or exceed
Efficienc avera e landsca e I�ri ation efficienc of 70%.
Limited to between �:00 p.m. and 10:00 a.m., unless unfavorable weather
revents it ar rende: irri ation unnecesar .
Irrigation Times IrrigaHon outside the normal designated window is allowed for audiHng
and s stem mainten ance onl .
D. Soil, conditioning, and mulching:
Soil, conditioning, and mulching requiremE�nts for all landscape projects are outlined in
Table 14.15.050(D).
Table 14.15.050 D
Type of soil
amendment Re uirements
Minimum eight (8) inciles, non-compacted topsoil shall be available for
water absorption and root rowth in lanted areas.
Topsoil Minimum may be wai��ed 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 c�ther materials, shall be added according to the soil
Other amendments conditions at the proje�:t site and based on what is appropriate for the
chosen lant materials
Minunum two (2) inch layer of mulch shall be applied on all exposed soil
Mulch surfaces of lantin ar�>as.
Not needed in areas of direct seedin a lication e. . h dro-seed
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Ordinance No. 10-2058
Stabilizing mulching
products Required 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
% of landsca e area Water usa e for MAWA calculation
Water features includin ools and s as <_ 1C % Medium
Water features includin ools and s as > 1(i% Hi h
14.15.060. Water Budget Calculation
Project applicant may elect to submit a water bizdget 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 ti�udget calculations shall adhere to the following
requirements:
A. All special landscape areas shall be identifiE�d 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 Calcul�.tion
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
Where:
MAWA = Maximum Applied V��ater Allowance (gallons per year)
ETo = Reference Evapotranspiration (inches per year)
0.62 = Conversion Factor (a�re-inches to gallons)
LA = Landscape Area (square feet)
0.7/0.8 = Reference Evapotranspiration Adjustment Factor (ETAF)
0.3 = Additional Water Al .owance for SLA
SLA = Special Landscape Area (square feet)
All other factors as defined in SE�ction 14.15.030 above.
D. Estimated total water use (ETWU) shall be calculated for each hydrozone using the equation
below. The sum of the ETWU calculated fc r all hydrozones shall not exceed the MAWA
calculated using the formula above.
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Ordinance No. 10-2058
,��PF*HA 1
ETWU = (ETo)(0.6._) IE + SLA
Where:
ETWU = Estimated Total Water Use per year (gallons)
ETo = Reference Evapotran� piration (inches)
0.62 = Conversion Factor
PF = Plant Factor from WL�COLS
HA = Hydrozone Area (sqL are feet)
IE = Irrigation Efficiency ( minimum 0.70)
SLA = Special Landscape Ai ea (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 ievelopment permits, grading permit, or any
type of discretionary permit, where a landscapE� project submittal is required.
A soil analysis report shall document the varioi�s characteristics of the soil (e.g. texture,
infiltration rate, pH, soluble salt content, percer�t 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 Repo:rt
Landscape installation audit for new or rehabilitated landscapes shall be conducted by a
certified landscape professional after the landsc�aping and irrigation system have been installed.
The findings of the assessment shall be consoliciated into a landscape installation report.
A. The landscape installation report shall inclt.de, but is not limited to: inspection to confirm
that the landscaping and irrigation system �ire 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 inch�de the following statement: The landscape and
„
irrigation system have been installed as spE cified 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 occu �ancy, the owner(s) of the property shall enter
into a formal written landscape mainteiiance agreement with the City. 'The City shall
record this agreement, against the prop �rty or properties involved, with the County of
Santa Clara Recorder's Office and it sha ll 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 activitiE�s 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.
Page 10 of 16
Ordinance No. 10-2058
14.15.090. Landscape and Irrigation Ma intenance
Landscapes shall be maintained to ensure succESSfuI establishment following installation, and
to ensure water use efficiency consistent with tY�is 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, �vith the landscape installation report, or any
time before the landscape installation report is :;ubmitted.
A. Schedules should take into account water rE quirements for the plant establishment period
and water requirements for established lanclscapes.
B. Maintenance shall include, but not be limite d to the following: routine inspection; pressure
testing, adjustment and repair of the irrigati on system; aerating and de-thatching turf areas;
replenishing mulch; fertilizing; pruning; re��lanting of failed plants; weeding; pest control;
and removing obstructions to emission dev:.ces.
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 recomrnendE�d by a landscaping professional.
14.15.100. Audit of Existing Landscape�� 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 l, 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 initiatec. as a coordinated effort between the City and,
the Santa Clara Valley Water District or the Cit� s water purveyors. This audit must be
completed by a certified landscape irrigation aiiditor.
Following the findings and recommendations c�f the certified landscape irrigation auditor, the
Director of Public Works may require adjustmEnts to irrigation usage, irrigation hardware,
and/or landscape materials to reduce irrigatioii water use.
Landscape renovation or rehabilitation resultin g from an audit shall be considered a landscape
project, and shall be subject to applicable Sectic�n 14.15.040 and Table 14.15.060(C)(1).
14.15.110. Public Education
A. The City may provide information, with as�;istance from the Santa Clara Valley Water
District and its water purveyors, to all applicants regarding the design, installation,
management and maintenance of water-eff icient landscapes and irrigation systems.
B. All model homes that are landscaped shall have signs installed that provide information on
the principles of water-efficient landscapin;.
14.15.120. Penalties
Non-compliance with any applicable provisior. of this chapter shall be subject to enforcement
action, as provided in Chapter 1.10 and/or Ch��pter 1.12 of this Code
Page 11 of 16
APPE A- LANDSCAPE WATER EFFICIEN � Y CHE
Page 13 of 16
AP PEND IX B- LA AND IRRIGATIOr PLANS
The landscape and irrigation design plan sh all be prepared as follows:
A. The landscape and irrigation design pla 1s shall incorporate all applicable elements
of Section 14.15.050 of Chapter 14.15 of i he Cupertino Municipal Code.
B. The landscape design portion shall be p repared by, and bear the signature of, a
licensed landscape architect, licensed la�ldscape contractor, or any other person
authorized by the State of California to �iesign a landscape.
C. The irrigation design portion shall be pr epared by, and bear the signature of, a
licensed landscape architect, certified ir�•igation 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 lan �scape 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 f�et), 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, succuleni, vine, shrub, tree).
vii. Water-efficient species identifi cation. All "native" and "low water use"
plant species (defined in Sectio�114.15.030) shall be so labeled.
viii. Unique physical specifications ��f plants (e.g., bare-root, field-potted, multi-
trunk), if applicable.
3. Include the following:
i. General notes, planting notes, ��lant 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 i nches above grade.
v. Existing features to remain, suc h as trees, fencing, hardscape, etc.
vi. Existing features to be removec�.
vii. Identification of pertinent site f actors such as sun exposure, microclimate,
property lines, buildings, unde rground/ 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 grz ding permit is required.
ix. Seed mix, if applicable.
4. Delineate and label each hydrozone;
Page 15 of 16
5. Identify each hydrozone as low water, moderate water, high water, or mixed
(low/ moderate) water use, as defined by WUCOLS;
6. Identify special landscape areas;
7. Identify type of mulch and applicatior� depth;
8. Identify type and wet surface area of �vater features;
9. Identify hardscapes (pervious and noii-pervious); and
10. Contain the following statement: "I h� ve complied with the criteria of the Water
Conservation in Landscaping Ordinar�ce and applied them for the efficient use of
water in the landscape design plan."
E. The irrigation design portion of the lanc.scape 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, v��lves, sprinkler heads, moisture sensing
devices, rain switches, quick couple:•s, pressure regulators, and backflow
prevention devices;
2. Static water pressure at the point of �onnection to the public water supply;
3. Flow rate (gallons per minute), application rate (inches per hour), and design
operating pressure (pressure per sq�iare 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 co�nplied with the criteria of the Water
Conservation in Landscaping Ordinance and applied them accordingly for the
efficient use of water in the irrigatio n design plan."
F. Grading. If the landscape project area �vill 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 Chz pter 16.08 of the Cupertino Municipal Code,
including permitting requirements for €;rading in excess of established permit
thresholds.
A geotechnical engineer should be consulted prior to the installation of landscaping
materials and irrigation hardware on sl��pes greater than 30%, or in any areas where
slope stability may be compromised.
G. Wildfire Management. Plant list shall �xclude plant types that increase wildfire
susceptibility. In areas designated wild land urban interface, by Chapter 16.74 of the
Cupertino Municipal Code, the plan sh,�ll demonstrate that plants have been selected
and arranged to provide defensible spa�e for wildfire protection, in conformance
with Public Resources Code Section 425�1.
H. Storm Water Management. Storm wat�r best management practices shall be
incorporated as appropriate into the latidscape 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 Pollut�int Discharge Elimination System (NPDES)
storm water discharge permit requirem ents and Chapter 9.18 of the Cupertino
Municipal Code.
Page 16 of 16
LANDSCAPE WATER-EFFICIENCY CHECKLIST
Cot�inu�nity Devclopmerit Deparb�ient
10300 Torre Avenue 408.777.3308/ Fax 408.777.3333
Cupertino, CA 95014 planning�cupertino.org
CUPERTINO http://cupertino.org/plannin
Applicant Naine: Email:
Project Site Address: Phone:
Total Landscape Landscape area: :�11 the plauting areas, turf arcas, and w°atcr
Area s uare feet : feahiec�s in a landscapc in5tallatiun. Th��� land5a�pe area does
not include fc�otpriiits of k�uildings or stri.ictures, si�lccvalks,
dxivE��ti�avs, parkin�; lots, decks, patios, gravel or stone ti�alks,
Turf Ared: oNier pervious or itoti-per��ious h��rdsca >c:s, aiid othe:r tloti-
irri�ated are:as desi�;nated for non-deve�i�pntent (e.�;., c�peu
spar��:s and existin�, �4�ildland vegetation).
Non-Turf Plant Area: Turf: A�;round cover surface consisting ot iu�n-native �;r�lss
species tl�at is custoniarily nlowed. Annual blue};rass,
Kentucky t�luegr perennial ryegrass, red fescue, and tall
Special Landscape Area: fesrue are exatnples ot cool-season turf grasses. Bcrnnida
Water Feature Wet Surface Area: grass, ]:ikuyu grass, seasllore paspalurn, St. AugustiYic: �;rass,
zoysia g,rass, and buftalo grass are �varnl-season turf grasses.
]f > 10% of landscaped area, water budget calcu-
lation required with landscape project submittal. See rc:versi� side for other deFinitions.
NOTE: If landscape area exceeds 2,500 sq. ft., a landscape projec t submittal shall be required. If no landscaping is proposed, enter
"0" aUove and proceeci directly to the signature block at the bott �m of this form.
Landscape Parameter Requirements Project Compliance
Turf Total turf area shall not exceed 2 i% of the landscape IJ Yes U'�"
area, or 1,250 square feet, whichEVer is lesser in area. ��1f �,+.�, t��'<,tcr hr�il��c�t <<�Icul�i�����, r��t�uir���i
� �ti�iti� Ian.1.5c��E�c proj���.�� St�l�miti.�l)
` All portions of turf areas shall bE wider than eight (8) Eeet.', (] Yes � �
_. . _ _ _ __ __ _.. . . . __ . _ _ _ � ___ _ _ _ _ _ .__ _ __
Turf (if utilized) is limited to slo��es not exceeding 15%. ❑ Yes
Non-Turf At least 80%� of non-turf area shall consist of native or ❑ Yes ❑'���
�� low water use plants. j[ll nu, 1��'atc>r budf;��t c��lrulati��ii r����iiirr�l
� «�ith land��capr pe��jcet �uf,�liitt�alj
Hydrozones Plants with similar water needs :,hall be grouped within ❑ Yes ❑`��
hydrozoncs. Each hydrozone shall be controlled by a jl'I,ants �.��n ht� ; ;ruu�����i E�����
separate valve. �i�,�blr Ia 15 (�5�1(�. )J
Irrigation System Systems shall be designed and n,aintained to miniinize (� Yes ❑'���
water waste (e.b., runoff, low he zd drainage, overspray).
Low-volume irrigation shall be i�tiliz.ed in non-turf areas.
� Irrigation shall only occur between the hours of 8:00 pm (li nu, 1'ru��icl�� �xpi�na�tian t�n l?<irl:�
and 1U:00 am.
Soil A minimum of eight (8) inches ef non-compacted topsoil i❑ Yes ❑ ti��
' s11all be available ul planted are��s. f[If tt��, Pro� ide caE�lan�+ti��n on l�ark�
_ _____ ___ _.___. __ _._ _ _ __ __.. . .,
Soil amendments, such as coinp�>st or fertffizer, shall be � Yes ❑���
appropriately added according �o the soil conditions at
the project site and based on what is appropriate for the � ��f n�,, I'r����i�ir ���pl,,n��ti�,n �_�,� l�t�; k �
selected plants.
Mulch A minimum two (2)-ulch layer c f mulch shall lie a� lied '
1 � � Yes J ���
on all exposed soil surfaces of p:anting areas, except in
�'�� areas of direct see,ding applicati�>n (e.g. hydro-seed). (If n��, Cro��idc e��E�lan<�tiun on l��,cl.�
I am aware of available informational resources regarding nativ � and low water use plants, irrigation efficienc}', and other aspects of
water-efficient landscapulg. I certify that the information provid ed on this checklist is correct, and the installed landscape complies
with the reyuirem�nts of Chapter 1415. I also understand that any changes to the project will nec�ssitate 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 nrdinance, of the Cupertino Municipal Code.
The responses provided will be evaluated to determine wheiher the proposed landscape is generally consistent with the
ordinance's water-efficiency goals.
Applicant Comments
, . �,.i.i,�;. � �� �,.__�"r
Staff Evaluation Staff Comments
� Approved
i� Not Approved
Signature Date
Select Definitions
Hydrozone: A portioiz of the landscaped area ha��ing ��lants with similar water needs. A 1lydrozone may be
irrigated c�r non-.irrigated.
Low-volume irrigation: The �pplication of irrigation �✓lter through a system of tubinQ or laterll lines and
low-volume emitters such as dr'rp and bubblers. C��rtain rotary emitters designed for highly efficient water
distribution, and situated to irrigate low water use plants, rnay also be included in this definition at the
discretion of the Planning Office.
Low water use plant: A plant species cvhose demonsh ated water needs are coinpatible with local climate and
soil conditions such that regular supplemental irri� ation is not required to sustain the plant after it has be-
come establishe�i. flny species classifiec.�l as "verv l�w �vater use" anci "low water use" by WUCOLS, having
a rFg.ionally adjusted pllnt factor of 0.0 through 0.: , shall be categorically de��neci a low water use plant.
Native plant: A plant indige�ious to a sperific area of � onsic�(eration. For the purpose of this division, the ternl
will refer to plants indi�;enous to th� coastal range� of Central an�i Northern California, and more spe.cifical-
ly to such plants that are suited to the ecology of tl present or historic natural comimulity of the project's
vicinity.
Special landscape area: An area of the landscape cied�.cated solely to edible plants, areas irrig�ted �vith re-
cycled water, water features usin�; recycled water �nd areas ciedicated to active play such as parks, sports
fielcls, golf courses, an�� where turf provides a playing surface.
Turf: A graund cover surface consisting of non-native 5rass species that is customarily mowed. Annual blue-
grass, Kentucky bluegrass, perennial ryegrass, red fescue, �nd tall fescue are ex�mples of cool-season turf
grasses. Bermuda grass, kikuyu grass, seashore pzspalum, St. Augustine grass, zoysia grass, 1nd buffalo
grass are warm-season turf grasses.
1Nater feature: A landscape clesign ele:ment where opE�n water performs an aesthetic or recreational function.
Water featurc>s irlclude ponds, fotultains, waterfall�, and artificial streams. Also inclucies spas and swim-
►n:ing pools that are ancil:lary to single-flmily, two-faniily and multi-fam:ity residential uses.
Wet surface area: The surface area of dlat portion of a water feature that functions to r.ontain w�t�r, such as the
water surtace c>f a swimming pool, spa, or garden �cmd. For a fountain or other feature with t[owii�g water,
wet surface area shall be measured as a two dimersional plane bowided by the perimeter of the area where
water has heen designed to flow.