San Jose Municipal Code Part 1 General Provisions

The purpose of this Chapter is to promote the conservation and efficient use of water, and to prevent the waste of this valuable resource by regulating landscape design, installation, and maintenance consistent with the Water Conservation in Landscaping Act, California Government Code Section 65591 et seq.

(Ords. 29243, 30765.)

A. The requirements of this Chapter shall apply to the following projects:

1. New Construction projects with any Landscape Area that require a Building Permit pursuant to the provisions of Title 24 of this Code or Development Permit pursuant to the provisions of Chapter 20.100 of Title 20 of this Code; or

2. Rehabilitated Landscape Projects with a total Landscape Area equal to or greater than two thousand five hundred (2,500) square feet that require a Building Permit pursuant to the provisions of Title 24 of this Code or a Development Permit pursuant to the provisions of Chapter 20.100 of Title 20 of this Code.

B. Notwithstanding the provisions of Subsection A above, the requirements of this Chapter shall not apply to:

1. Registered Historic Sites;

2. Ecological Restoration Projects that do not require a permanent irrigation system;

3. Hydraulic Mulch seeding (hydroseeding) for erosion/sedimentation control projects where a permanent irrigation system is not required;

4. Mined-Land Reclamation Projects that do not require a permanent irrigation system;

5. Community gardens, and existing plant collections as part of botanical gardens and arboretums open to the public; and

6. The commercial cultivation of agricultural products including, but not limited to, products from farms, orchards, production nurseries, and forests.

7. Rear Yard New Construction projects of single-family dwellings that do not exceed five hundred (500) square feet of total Landscape Area.

C. Notwithstanding the provisions of Subsection A above, only Sections 15.11.920, 15.11.1030 and 15.11.1040 shall apply to New Construction and Rehabilitated Landscape Projects within a cemetery.

D. Notwithstanding the provisions of Subsection A above, the provisions of Sections 15.11.970, 15.11.980 and 15.11.990 shall not apply to Landscaped Areas only requiring temporary irrigation solely for the plant Establishment Period.

(Ords. 29243, 29671, 30765.)