Loading...
HomeMy WebLinkAboutOrdinances - No. 1929ORDINANCE NO. 1929 AN ORDINANCE OF THE LODI CITY COUNCIL AMEND¡NG LODI MUNICIPAL CODE CHAPTER 17.30 _ LANDSCAPING - BY REPEALING AND RE-ENACTING SECTION 17 .30.070,''WATER EFFICIENT LANDSCAPE REQUIREMENTS,'' ¡N ITS ENTIRETY BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Lodi Municipal Code Chapter 17.3O - Landscaping - is hereby amended by repealing and reenacting Section 17.30.070, "Water Efficient Landscape Requirements," in its entirety, and shall read as follows: 17.30.070 Water Efficient Landscape Requirements. A. Applicability. 1. The water efficient landscape requirements shall apply to all of the following landscape projects: a. New construction projects with an aggregate landscape area equal to or greater than five hundred square feet requiring a building or landscape permit, plan check or design review; b. Rehabilitated landscape projects with an aggregate landscape area equal to or greater than two thousand five hundred square feet requiring a building or landscape permit, plan check, or design review; c. Existing landscapes limited to Sections 17.30.070(U), (V) and (W); and d. Cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to Sections 17.30.070(G), 17.30.070(N) and 17.30.070(0); and existing cemeteries are limited to Sections 17.30.070(U), (V) and (W). 2. Any project with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements of this ordinance or conform to the prescriptive measùres contained in California Code of Regulations Title 23, Chapter 2.7, $ 495 Appendix D. 3. For projects using treated or untreated graywater or rainwater captured on site, any lot or parcel within the project that has less than 2,500 square feet of landscape and meets tfre lot or parcel's landscape water requirement (Estimated Total Water Use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to California Code of Regulations Title 23, Chapter 2.7, $ 495 Appendix D section (5). 4. The water efficient landscape requirements do not apply to: a. Registered local, state or federal historical sites; b. Ecological restoration projects that do not require a permanent irrigation system; c. Mined-land reclamation projects that do not require a permanent irrigation system; or d. Existing plant collections, as part of botanical gardens and arboretums open to the public. L B. Definitions. The terms used in the water efficient landscape requirements have the meaning set forth below: 1. ,,Applied water" means the portion of water supplied by the irrigation system to the landscaPe. 2. ',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 evapotransþiration (weather-based) or soil moisture data. 3. "Backflow prevention device" means a safety device use-d to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system' 4. ,'Certificate of completion" means the document required under Section 17.30.070(L). S. "Certified irrigation designer" means a person certified to design irrigation systems by an accredited äcademic i-nstitution, a professional trade organization, or other píogr"rn, such as the US Environmental Protection Agency's WaterSense lrrigation Designer beñ¡t¡caiion program and lrrigation Association's Certified lrrigation Designer Program. 6. "Certified landscape irrigation auditor". means a person certified to perform landscape irrigation audits by an aãcredited academic institution, a professional trade *éãni=åt¡on, oî othér frogr"r óuch as the us Environmental Protection Agency's watersense rrriæt¡on Auditor Certiiicaùon program and lrrigation Association's Certified Landscape lrrigation Auditor Program. 7. "Check valve" or "anti-drain valve" means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off. g. ,,Common interest developments" means community apartment projects, condominium pro¡ects, planned developments, and stock cooperatives per civil Code Section 1 351. 9. "Compost" means the safe and stable product decomposition of organic materials that is beneficial to plant growth' of controlled biologic 10. "Conversion factor (0.62)" means the number that converts acre-inches per acre per year to gallons per square foot per year. 11. ,,Distribution uniformity" means the measure of the uniformity of irrigation water over a defined area. 12. "Drip irrigation" means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems- are specifically designed to apply small volumãs of water slowly at or near the root zone of plants. 13. "Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. 14, "Effective precipitation" or "usable rainfall" (Eppt) means the portion of total precipitation which becomes available for plant growth' 1S. "Emitter" means a drip irrigation emission device that delivers water slowly from the system to the soil. 16. "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. 2 17. ,,Establishment period of the plants" means the first year after-installing the plant in the landscape or the first two years ii irrigation will be terminated after establishment' Typically, most ptants are establisheã after one ır two years of growth. Native habitat mitigation areas and trees may need three to five years for establishment' 1g. ,,Estimated total water use" (ETWU) means the total water used for the landscape as described in Section 17'30'070(G)' 19. ,,ET adjustment factor" (ETAF) means a factor of 0.55 for residential areas and 0.4b for non-residential areas that, wùen afplied to reference evapotranspiration, adjusts for plant factors and irrigation efficienc¡ two ma¡or influences upon the amount of water that needs to be applied to thË landscape. irre rrnÉ for new and existing (non-rehabilitated) special landscape area shall not exceéd 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8' 20. ,,Evapotranspiration rate" means the quantity of water evaporated from adjacent soil and other surfaöes and'transpired by plants during a specified time. 21. ,,Flow rate,'means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second' 22. ,,Flow sensor" means an inline device installed at the supply point of the irrigation system that produó"" " ,"p"atable signal proportional to flow rate. Flow sensors must be connected to an automatic iirigation con-troller, 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. 2g. ,,Friable" means a soil condition that is easily crumbled or loosely compacted down to a minimum deptn per planting material requirements, whereby the root structure of newly-planted materialwill be allowed to spread unimpeded. 24. ,,Fuel Modification plan Guidelines" means guidelines from a local fire authority to assist residents and businesses that are developing land or building structures in a fire hazard severity zone. 25. ,,Graywater" means untreated wastewater that has not been contaminated by any toilet discharge, haé not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contámination by unhealthful processing, manufacturing, or operating wastes. -'Graywater" includes, but is not limited to, wastewater from bathtubs, ,iro*"r{ bathroom was-hbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers. Health and Safety Code Section 17922.12. 26. "Hardscapes" means any durable material (pervious and non-pervious). 27. "Hydrozone" means a portion of the landscaped area having plants with similar water needs and looting depth. A hydrozone may be irrigated or non-irrigated. 2g. "lnfiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (e.9., inches per hour)' zg. "lnvasive plant species" means species of plants not historically found in california that spread outs¡de cultivated areas and can damage environmental or economic resources. lnvas¡vã ipecies may be regulated by county agricultural agencies as noxious species. Lists of invasive plants âre main--tained at the California lnvasive Plant lnventory and USDA lnvasive and Noxious Weeds. 30. "lrrigation audit" means an in-depth evaluation of the performance of an irrigation system conductedby ã ."rtiti"o landscape irrigation auditor. An irrigation audit includes' but is not limited to: inspeótion, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation.of .an irrigàtion'schedule.'The audit-must be conducted in a manner consistent with the lrrigation 3 Association,s Landscape lrrigation Auditor CertifiCation program or other U.S. Environmental Protection Agency "Watersense" labeled auditing program' 31. ',lrrigation efficiency', (lE) means the measurement of the amount of water beneficially used divided by the "rouni of water applied. lrrigation efficiency is derived.from measurements and estimaies of irrigation system characteristics and management practices. The irrigation efficiency for purposes of the water efficient landscape requirements are 0.75 for overheãd spray devices and 0.81 for drip systems' 32. ,,lrrigation survey" means an evaluation of an irrigation system that is less detailed than an ¡ri¡griiort ãu¿ií. An irrigation survey includes, but is not limited to: inspection, .yit", test, and wriiten recommendatioás to improve performance of the irrigation system. 33. ,,lrrigation water use analysis" means an analysis of water-use data based on meter readings and billing data. 34. ,,Landscape architect" means a person who holds a license to practice landscape architecture in the State'ot California pursuant io Business and Professions Code Section 5615' 35. ,'Landscape area" means all the planting areas, turf areas, and water features in a landscape design plân subject to the maximum applied water allowance calculation. The landscape' area oäes not include footprints of. buildìngs or structures, sidewalks, driveways, pátf.ing'lots, decks, patios, gravel or sione walks, other pervious or non-pervious hardscapes, äno oiner non-irrigatäd areai designated for non-development (e.g., open spaces and existing native vegetation). 36. "Landscape contractor" means a person licensed by the State of California to construct, maintain, repáir, install, or subcontract the development of landscape systems. 37. "Landscape documentation package" means the documents required under Section 17.30.070(F). 3g. "Landscape project" means total area of landscape in a project as defined. in ,,landscape area" for the purposes of the water efficient landscape requirements, meeting requirements under Section 1 7.30.070(A). 39. ,,Landscape water mete/' means an inline device installed at the irrigation gupply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use. 40. ,,Lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. 41. "Local water purveyor" means any entity, including a public agency, city, county, or private water company, that provides retail water service. 42. "Low volume irrigation" means the application of irrigation water at low pressure through a system ôt troing or lãteral lines and low-volume emitters such as drip, drip lines, and_ bubblers. Low volume irri'gation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. 4g. "Main line" means the pressurized pipeline that delivers water from the water source to the valve or outlet. 44. ,,Master shut-off valve" is 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. 45. "Maximum Applied Water Allowance" (MAWA) means_ the upper limit of annual applied ,iater for-the estabiished landscaped area as specified in Section 17.30.070(G). lt is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscape area. The Estimated iotal \ iater Use shall not exceed the maximum applied 4 water allowance. Special landscape areas, including recreation areas, areas permanentlY qn9 .ot"ty dedicated to ããinlã plants, iuch as orchards ãnd vegetable gardens,.and areas irrigated with recycled water ãie ru'oje"t io the MAWA with an ETAF not to exceed 1'0. MAWA = (ETo) (0.62) I(ETAF x LA) + ((1-ETAF) x SLA)1. 46. ,,Median" is an area between opposing lanes of traffic that may be unplanted or planted with trees, shrubs, perennials, and ornamental grasses. 47. ,'Microclimate" means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces. 4g. ,'Mined-land reclamation projects" means any surface mining operation *'1!-, reclamation ptan approved in accordancé witrr the Surface Mining and Reclamation Act of 1975' 49. "Mulch,' means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials sucl"r as rocks, gravel, and decomposed granite left loose and áppii"o to the soil surface for the beneficial-purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion. S0. ,,New construction" means, for the purposes of this title, a new building with a landscape or other new ¡andscape, such as a park, playground, or greenbelt without an associated building. S1. ',Non-residential landscape" means landscapes in commercial, institutional' industrial, and public settings that may have areas designated for recreation or public assembly. It also includes portions oi common areas of common interest developments with designated recreational areas. 52. "Operating pressure" means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate. 53. "Overhead sprinkler irrigation systems" means systems that deliver water through the air (e.g., spray heads and rotors). 54. "Overspray" means the irrigation water which is delivered beyond the target area. SS. "permit" means an authorizing document issued by local agencies for new construction or rehabilitated landscapes. 56. "pervious" means any surface or material that allows the passage of water through the material and into the underlying soil. 57. "plant factor" or "plant water use factor" is a factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this title, the plant factor range for very low water use plants is 0 to 0.1 , the plant factor range for low water use plants is 0.1 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plañts is 0.7 to 1.0. Plant factors cited in this title are derived from the publicätion "Water Úse Classification of Landscape Species." Plant factors may also be bbtained from horticultural researchers from academic institutions or professional associations as approved by the california Department of water Resources (DWR). Sg. "project applicant" means the individual or entity submitting a landscape documentation paikage rbquired under Section 17.30.070(F), to request a permit, plan check, or design revieù from-ttre iity of Lodi. A project applicant may be the property owner or his or her designee. Sg. "Rain sensor" or "rain sensing shutoff device" means a component which automatically suspends an irrigation event when it rains' 60. "Record drawing" or "as-builts" means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on diawings marked up in the field and other data furnished by the contractor. 5 61. ',Recreational area" means areas, excluding private s.ingle-family residential areas, designated for active play, recreation or public assembly in parks, sports fields, picnic grounds, amphitheaters or gotf course tees, fairways, roughs, surrounds and greens where turf provides a playing surface. 62. "Recycled water," "reclaimed water," or "treated sewage effluent water" means treated or recycled waste water of a quality suitable for non-potable uses.such as landscape irrigation and water features. This water is not intended for human consumption. 63. ,,Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters whiòh affect the water use of plants. ETo is_ expressed in inches per day, month, or year, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the'maximum applied water allowance so that regional differences in climate can be accommodated' 64. ,,Regional Water Efficient Landscape Ordinance" means a local ordinance adopted by two or more local agencies, water suppliers and other stakeholders for implementing a consistent set of landscape piovisions throughout a geographical region. Regional ordinances are strongty encourágeo io provide a consiıtent framework for the landscape industry and applicants to adhere to. 65. "Rehabilitated landscape" means any re-landscaping project that requires a permit, plan check, or design review, meets the requirements of Section 17.30'070(A), and the modifieå landscape area isãqual to or greater than two thousand five hundred square feet. 66. ,,Residential landscape" means landscapes surrounding single or multifamily homes. 67. "Runoff' means water which is not absorbed by the soil or landscape to which.it is applied and flows from the landscape area. For example, runoff may result from water that is "ppi¡àO at too great a rate (application rate exceeds infiltration rate) or when there is a slope. 6g. "Soil moisture sensing device" or "soil moisture sensor" means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event. 69. "Soil texture" means the classification of soil based on its percentage of sand, silt, and clay. 70. "Special landscape area" (SLA) means an area of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water, or water features using recycled. 71. "Sprinkler head" means a device which delivers water through a nozzle. 72. "Static water pressure" means the pipeline or municipal water supply pressure when water is not flowing. 73. "Station" means an area served by one valve or by a set of valves that operate simultaneously. 74. ,,Submeter" means a metering device to measure water applied to the landscape that is installed after the primary utility water meter. 75. "Swing joint" means an irrigation component that provides a flexible, leak-free eonnection between inä em¡ss¡on device añd lateral pipeline to allow movement in any direction and to prevent equiPment damage' 76. "Turf' means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, perennial ryègrass, Red fescue, and Tall fescue are cool-season grasses. Bermudágrassl Kikuyugrass, Seástrore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses. 6 77. ,,Valve,, means a device used to control the flow of water in the irrigation system' Tg. ,,Water conserving plant species" means a plant species identified as having a very low or low Plant factor. 79. "Water feature" means a design element where open water performs an aesthetic or recreational function. water featurés include ponds, l."L"t, waterfalls' fountains' artificiar streams, ,öãr, "nã swimming pools (where water is artificially supplied). The surface area of water features is included ¡n- itre high water use hydrozone of. the landscape area' constructed weilands used for on-site wasteúrater treatment or stormwater best management practices that are nıi irrigated and used solely for water treatment or stormwater retention are not water features and, thãrefore, are not subject to the water budget calculation' gO. "Watering window" means the time of day irrigation is allowed. g1. ,,WUCOLS,, means the Water Use Classification of Landscape Species published by the Úniversity of California Cooperative Extension, the Department of Water Resources 2014 edition. C. provisions for New Construction or Rehabilitated Landscapes. The City of Lodi may designate by mutuaiagreement, another agency, 9,uch as a water purveyor, to implement some or all of the requirer"ñt. contained in the water efficient landscape requirements. The city may collaborate with watei prr"yor= to define each entity's specific responsibilities relating to this title. D. Compliance with Landscape Documentation Package' 1. Prior to construction, the city shall: a. provide the project applicant with the ordinance and procedures for permits, plan checks, or design reviews; b. Review the landscape documentation package submitted by the project applicant; c.Approveordenythelandscapedocumentationpackage; d. lssue a permit or approve the plan check or design review for the project applicant; and e. Upon approval of the landscape documentation package, submit a copy oi tne water efficient landscape worksheet to the local water purveyor' 2. Prior to construction, the project applicant shall: a.submitalandscapedocumentationpackagetothecity' 3. Upon approval of the landscape documentation package by the city, the project applicant shall: a. Receive a permit or approval of the plan check or design review and record the date of the permit in the certificate of completion; b. Submit a copy of the approved landscape documentation package, along with the record drawings, and any other information to the property owner or his/her designee; and c. Submit a copy of the water efficient landscape worksheet to the local water purveyor. E. penalties. The city may identify penalties to the project for non-compliance with the water efficient landscape req uirements. F. Elements of the Landscape Documentation Package. The landscape documentation package shall include the following six elements: 7 1. Projectinformation: a. Date; b. Project aPPlicant; c. Project address (if available, parcel and/or lot number(s)); d. Total landscape area (square feet); e. Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed) ; f. Water supply type (e.g., potable, recycled, well) and identify the local retail watéi purvéyor'¡f the applicant is not served by a private well; g. Checklist of all documents in landscape documentation package; h. project contacts to include contact information for the project applicant and ProPertY owner; and i. Applicant signature and date with statement: "l agree to comply with the requirementé of the Water Efficient Landscape Requirements and submit a complete Landscape Documentation Package"' 2. Water efficient landscape worksheet: a. HYdrozone information table; b. Water budget calculations: i. Maximum applied water allowance (MAWA); and ii. Estimated totalwater use (ETWU)' 3. Soil management rePort. 4. LandscaPe design Plan. 5. lrrigation design Plan' 6. Grading design Plan. G. Water Efficient Landscape Worksheet. j. A project applicant shall complete the water efficient landscape worksheet which contains informatioñ on 'tire plant factor, irrigation method, irrigation efficiency, and area associated with each hydrozone. Calculãtions are then made to show that the àvapotranspiration adjustmänt factor (ETAF) for the landscape project does-not exceed a factor of O.SS for iesidential areas and 0.45 ior non- residential areas, exclusive of Special Landscap.e Areas. The ETAF for a landscape project is based on the plant factors and irrigation mellTg: selected. The Maximum Applieå water Allowance is calculated based on the maximum ETAF allowed (0.55 for residentiai àreas and 0.45 for non-residential areas) and expressed as annual táttonr èquired. The Estimated Totat Water Use (ETWU) is calculate_d. based on the plants üsed and ìrrigation method selected for the landscape design. ETWU must be below the MAWA. ln calculating the maximum applied water allowance and estimated total water use, a project applicant shãll use the ETo values from the Reference Evapotranspiration Table below. 'roi g"ogråphic areas not covered in California Code of Regulations Tjtle 23, Chapter 2.7, $ 495 nppãnoix Â, ,r" data from other cities located nearby in the same reference evapotranspiration =åå", as found in the CIMIS Reference Evapotranspiration Zones Map, Department of Water Resources,1999. 8 rence Evapotranspiration (ETo) Table. Dec Annual EToOctNovJulAugsepMayJunFebMarAprJanGounty and JOAQUIN 46.73.0 1.4 0.86.4 4.56.3 6.9 7.31.6 3.3 4.31.0LodiWest *The values in this table were derived from: 1) California lrrigation Management lnformation system (clMls); 2) Reference ËvapoTransp-iration Zgnes Map, UC D"_pJ.- of Land, Air & Water Resources and california Dept of water Resources 1999; 3) Reference Evapotranspiration for. _California, University of California, Department of Agriculture and Natural Resources (1987) Bulletin 1922; and 4) O"ierm¡n¡ng Daiiy Reference Evapotranspiration, Cggqeralve Extension UC Division oi Agrióutture and Natural Resources (1987), Publication Leaflet 21426. 2. Water budget calculations shall adhere to the following requirements: a. The plant factor used shall be from WUCOLS or from horticultural researchers with academic institutions or professional associations as approved by the California Department of Water Resources (DWR). The piant factor ranges from 0 to 0.1 for very low water using 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' b. All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone. c. All special landscape areas shall be identified and their water use calculated as shown in California Code of Regulations Title 23, Chapter 2.7, S 495 ApPendix B. d. ETAF for new and existing (non-rehabilitated) special landscape areas shall not exceed 1.0. H. Soil Management Report. ln order to reduce runoff and encourage healthy plant growth, a soil managemeñt report shall be completed by the project applicant, or his/her designee, as follows: 1. Submit soil samples to a laboratory for analysis and recommendations. a. Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants. b. The soil analYsis shall include: i. Soiltexture; ii. lnfiltration rate determined by laboratory test or soil texture infiltration rate table; ¡ii. pH; iv. Total soluble salts; v. Sodium; vi. Percent organic matter; and vii. Recommendations. 9 c. in projects with multiple landscape installations (i.e., production n9n9 ä"t)é¡opr"nts) a soil lampling raie of 1 in 7 lots or approximalely 15o/o witt saiisfy thió requirement. Lãrge landscape projects shall sample at a rate equivalent to 1 in 7 lots. 2. The project applicant, or his/her designee, shall comply with one of the following: a. lf significant mass grading is not planned, the soil analysis report shall be submitted to the cit! as pãrt of the landscape documentation package; or b. lf significant mass grading is planned, the soil analysis report shall be suOñ¡tted to the city as part of the certificate of completion. 3. The soil analysis report shall be made available, in a timely manner'.to the professionats prepaiing the iandscäpe design prans and irrigation design plans to make any hecessary adjustments to the design plans' 4. The project applicant, or his/her designee, shall submit documentation verifying implementation of sbit änatysis report recommendatiıns to the city with certificate of completion' l. LandscaPe Design Plan. 1. For the efficient use of water, a landscape shall be. carefully designe9 ?nd planned for the ¡ntended function of the project, A landscape design plan meeting the following ig;iñ ãriteria shall be submitted as part of ihe landscape documentation package' a. Plant Material' i. Any plant may be selected for the landscape, providing the estimated total water use in the landscape area does not exceed the Maximum Applied Water Allowance' Methods to achieve water efficiencyshallincludeoneormoreofthefollowing: (A) Protection and preservation of native species and natural vegetation; (B) Selection of water-conserving plant, tree and turf species, esPeciallY local native Plants; (c) selection of plants based on local climate suitability, disease and Pest resistance; (D) Selection of trees based on applicable. city tree ordinances ortreeshadingguidelines,andsizeatmaturityaS aPProPriate for the Planting area; (E) Selection of plants from city and regional landscape Program Plant lists; and (F) Selection of plants from local Fuel Modification Plan Guidelines. ¡i. Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in Section 17.30.070(JXlXbXiv)' ¡ii. Plants shall be selected and planted appropriately based Yqol their adaptability to the climatic, geologic, and topographical conditions of the project site. Methods to achieve water efficiency shall include one or more of the following: (A) Use the sunset western climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate; 10 b (B)Recognize the horticultural attributes of plants (i'e', mature plant lize, invasive surface roots) to minimize damage to property or infrastructure [e.g', buildings, sidewalks, power i¡ne'sl; ãt¡ow for adequate soil volume for healthy root growth; and Consider the solar orientation for plant placement to maximize summer shade and winter solar gain. (c) iv. Turf is not allowed on slopes greater than twenty-five percent where the toe of the slope is adjacent to an impermeable hardscape and where twenty-five percent means one foot of vertical elevation change for every four feet of horizontal length (rise divided by run multiplied by one hundred equals slope percent). v. High water use plants, characterized by a plant factor or 0.7 to 1.0, are prohibited in street medians vi. A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Sections +2gl@) and (b). Avoid fire-prone plant materials and highly flammable mulches. Refer to the local Fuel Modification Plan Guidelines. vii. The use of invasive plant species, such as those listed by the California lnvasive Plant Council, is strongly discouraged' viii. The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibít or include conditions that have the effect of prohibiting the use of low-water use Plants as a group. Water Features. i. Recirculating water systems shall be used for water features. ii. Where available, recycled water shall be used as a source for decorative water features. i¡i. Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation. iv. Pool and spa covers are highly recommended. Soil Preparation, Mulch, and Amendments. i. Prior to thê planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need meet this requirement. Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected (see california code of Regulations Title 23, Chapter 2.7, S 492.5). For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporatéd 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. c. il 1,L 2 iv. A minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications wnerã ñutch ¡s contia¡ndicated. To provide habitat for beneficial ¡nsecis and other wildlife, up to 5% of the landscape area may.be tet wìttrãut mulch. Designaied insect habitat must be included in the landscaPe design Plan as such' v. stabilizing mulching products shall be used on slopes that meet current engineering standards' vi The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement' vii. organic mulch materials made from recycled or post-consumer protucts shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. organic mulches are not required where prohibiied by local Fuel Modification Plan Guidelines or other applicable local ordinances' The landscape design plan, at a minimum, shall: a. Delineate and label each hydrozone by number, letter, or other method; b. ldentify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation; c. ldentifY recreational areas; d. ldentify areas permanently and solely dedicated to edible plants; e. ldentify areas irrigated with recycled water; f. ldentify type of mulch and application depth; g. ldentify soil amendments, type, and quantity; h. ldentify type and surface area of water features; i. ldentify hardscapes (pervious and non-pervious); j. ldentify location and installation details, and 24-hour retention or infiltration capacity of any applicable stormwater best management practices that encóurage on-site retention and infiltration of stormwater. Þroject applicants shalirefer to the local agency or regional Water Quality Control Board for information on any applicable stormwater technical requirements. Stormwater best management practices are encouraged in the landscape design plan and examples (see section 17.30'070(s)). k. ldentify any applicable rain harvesting or catchment technologies as discus-sed -in 'section 17.30.070(5) and their 24-hour ,retention or infiltration caPacity; l. ldentify any applicable graywater discharge piping, system components and area(s) of distribution; m. Contain the following statement: "l have complied with ihe criteria of the Water Efficient Lañdscape Requirements and applied them for the efficient use of water in the landscape design plan"; and n. Bear the signature of a licensed landscape architect, licensed landscape contractor, ór any other person authorized to design a landscape. T2 J. lrrigation Design Plan. 1. This section applies to landscaped areas requiring permanent irrigation, not areas that require temporary irrìgation solely for the plant establishment period. For the efficient use of water, "n ¡rr¡gåi¡ón svste-m shail meät all the requirements listed in this section and the manufacturers' recommendations. The irrigation system and its related components shall be óñ;"¡ and designãO to allow for propãt instaliation, management, and maintenance' An irrig"tion design pian màeting the roítowing design criteria shall be submitted as part of the landscape documentation package. a. SYstem. IV Landscape water meters, defined as either a dedicated water service meter or private submeter, shall be installed for all non- residential irrigated landscapes of 1,000 sq. ft. but no_t,more than 5,000 sq.ft. (the level at which water code section 535 applies) and resiäentìal irrigated landscapes of 5,000 sq. ft. or greater. A landscape water meter may be either: 1. A customer service meter dedicated to landscape use provided by the local water purveyor; or 2. A privately-owned meter or submeter. Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing non-volatile memory shall be required for irrigation scheduling in all irrigation systems' lf the water pressure is below or exceeds the recommended pressure of the specified irrigation devices, the installation of a þr"6ure regulating device is required to ensure that the dynamic þr"ssure ai each emission device is within the manufacturer's recommended pressure range for optimal performance. (A) lf the static pressure is above or below the required dynamic pressure of the irrigation system, pressure- régulating devices such as inline pressure regulators, boãster þumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system' (B) Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage' lf the measurements are not available at the design stage, the measurements shall be conducted at installation' sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. lrrigation should be avoided during windy or freezing weather or during rain. Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair. Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system.. I project apþì¡iant shall refer to the applicable city code (i.e., public health) for additional backflow prevention requirements. 13 V vi vil Flow sensors that detect high flow conditions created by system damage or malfunction are required for all non-residential landsðapes and residential landscapes of 5,000 sq. ft. or larger. Master shut-off valves are required on all projects except landscapes that make use of technologies that allow. for the individuàl control of sprinklers that are individually pressurized in a system equipped with low-pressure shut-down features' The irrigation system shall be designed to prevent runoff, low head diainage, overspray, or other similar conditions where irrigation watér flows onto non-targeted areas, such as adjacent prıperty, non-irrigated areas, hardscapes, roadways, or structures. Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems. The design of the irrigation system shall conform to the hydrozones of the landscape design plan. The irrigation system must be designed and installed to meet, at a minimuñ1, the irrigation efficiency criteria as described in Section 17.30.070(G) regarding the maximum applied water allowance. All irrigation emission devices must meet the requirements set in the Almerican National Standards lnstitute (ANSI) standard, American society of Agricultural and Biological Engineers'/lnternational code council's (ASABEi¡CC) 802-2014 "La-ndscape lrrigation Sprinkler and Emitter Standard." All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014. It is highly recommended that the project applicant or city inquire with tñe- local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system. ln mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone. Sprinkler heads and other emission devices shall have matched piecipitation rates, unless othenruise directed by the manufacturer's recommendations' Head-to-head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distri bulion u niform ity usi n g the m an ufactu rer's recom mendations. swing joints or other riser-protection components are required on all risãis subject to damage that are adjacent to hardscapes or in high traffic areas of turfgrass. check valves or anti-drain valves are required systems on all sprinkler heads where low point drainage could occur. Areas less than ten feet in width in any direction shall be irrigated with subsurface irrigation or other means that produce no runoff or overspray. X XI vlil tx. xll xiii. XIV XV. xvi. xvii. xviii. --i--xtr(. XX. L4 b. xxi. Overhead irrigation shall not be permitted within twenty-four inches of any non-permeable surface. Allowable irrigation within the setback from non-permeable surfaces may include drip, drip line, or other low flow non-spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be muÍch, gravel, or other porous material. These restrictions may be modified if: (A) The landscape area is adjacent to permeable surfacing and no runoff occurs; (B) The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping; or (c) The irrigation designer specifies an alternative design or technology, as part of the landscape documentation package and clearly demonstrates strict adherence to irrigation system design criteria in Section 17.30.070(JXlXaXix). Prevention of overspray and runoff must be confirmed during the irrigation audit. xxii. Slopes greater than twenty-five percent shall not be irrigated with an irrigation system with an application rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the landscape documentation package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit. Hydrozone. i. Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use. ii. Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone. iii. Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for trees. iv. lndividual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if: (A) Plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or (B) The plant factor of the higher water using plant is used for calculations. v. lndividual hydrozones that mix high and low water use plants shall not be permitted. vi. On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. on the irrigation design plan, designate the areas irrigáted by each valve, and assign a number to each valve. Use this valve number in the Hydrozone lnformation Table (see California Code of Regulations Title 23, Chapter 2.7, S 495 L5 Appendix B, Section A). This table can also assist with the irrigation audit and programming the controller. 2. The irrigation design plan, at a minimum, shall contain: a. Location and size of separate water meters for landscape; b. Location, type and size of all components of the irrigation system, including côntrollers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices; c. Static water pressure at the point of connection to the public water supply; d. Flow rate (gallons per minute), application rate (inches per hour), and design operáting pressure (pressure per square inch) for each station; e. Recycled water irrigation systems as specified in Section 17.30.070(Q); f. The following statement: "l have complied with the criteria of the ordinance anã applied them accordingly for the efficient use of water in the irrigation design Plan"; and g. The signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation sYstem. K. Grading Design Plan. For the efficient use of water, grading of a project site shall be designed to mì'nimizJsoil erosion, runoff, and water waste. A grading plan shall be submitted as part-ot the landscape documentation package. A comprehensive grading plan prepared by a civil engineer for other city permits satisfies this requirement. 1. The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including: a. Height of graded sloPes; b. Drainage Patterns; c. Pad elevations; d. Finish grade; and e. Stormwater retention improvements, if applicable. 2. To prevent excessive erosion and runoff, it is highly recommended that project applicants: a. Grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non-permeable hardscapes; b. Avoid disruption of natural drainage patterns and undisturbed soil; and c. Avoid soil compaction in landscape areas. 3. The grading design plan shall contain the following statement: "l have complied with the criteria of the Water Efficient Landscape Requirements and applied them accordingly for the efficient use of water in the grading design plan" and shall bear the signature of a licensed professional as authorized by law. L. Certificate of ComPletion. 1. The certificate of completion shall include the following six elements: a. Project information sheet that contains: i. Date; 16 ¡i. Project name; ¡ii. Project applicant name, telephone, and mailing address; iv. Project address and location; and v. Property owner name, telephone, and mailing address' b. Certification by either the signer of the landscape design plan, the signer of the irrigatioñ design plan, or the licensed landscape contractor that the landscapé project has been installed per the approved landscape documentation Package. i. Where there have been significant changes made in the field during construction, these "as-built" or record drawings shall be included with the certification. ¡i. A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes. c. lrrigation scheduling parameters used to set the controller (see Section 17.30.070(M)); d. Landscape and irrigation maintenance schedule (see Section 17.30.070(N)); e. lrrigation audit report (see Section 17.30.070(0)); and f. Soil management report, if not submitted with landscape documentation package, ãnd documentation verifying implementation of soil report recommendations (see Section 17.30.070(H)). 2. The Project aPPlicant shall: a. Submit the signed certificate of completion to the city for review; and b. Ensure that copies of the approved certificate of completion are submitted to the local water purveyor and property owner or his or her designee. 3. The citY shall: a. Receive the signed certificate of completion from the project applicant; and b. Approve or deny the certificate of completion. lf the certificate of completion is denied, the city shall provide information to the project applicant regarding reapplication, appeal, or other assistance. M. lrrigation Scheduling. 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 heaith. lrrigation schedules shall meet the following criteria: 1. lrrigation scheduling shall be regulated by automatic irrigation controllers. 2. Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. lf allowable hours of irrigation differ from the local water purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. 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 "pþtieo water meets the estimated totalwater use. Total annual applied water shall be less than or'equal to Maximum Applied Water Allowance (MAWA). Actual irrigation schedules shall be reguläted by automatic iirigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data. 17 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' s. Each irrigation schedule shall consider for each station all of the following that apply: a. lrrigation interval (days between irrigation); b. lrrigation 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. SoiltYPe; i. SloPe factor setting; j. Shade factor setting; and k. lrrigation uniformity or efficiency setting' N. Landscape and lrrigation Maintenance Schedule' 1. Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the certificate of completion' 2. A regular maintenance schedule shall include, but not be limited to, routine inspection; auO¡t¡nı]ãdjustment and repair of the irrigation system and its components; aerating and dethatching túrr aieas; topdressing with compıst; replenishing mulch; fertilizing; pruning; weeding in all lanås"àpà ãr""i; and rãmoving obstructions to emission devices' operation of the irrigätion system outside the normal watering window is allowed for auditing and system maintenance. 3. Repair of all irrigation equipment shall be done with the originally-installed components or thèir equivalents ôr with components with greater efficiency. 4. A project applicant is encouraged to implement established landscape industry sustainable Best þractices for all landscape maintenance activities' O. lrrigation Audit, lrrigation Survey, and lrrigation Water Use Analysis' 1. All landscape irrigation audits shall be conducted by a local agency landscape irrigation auditor oiá in¡ro'partyóertified landscape irrigation auditor. Landscape audits shall not be-conducted by the persoh wño designed the landscape or installed the landscape. 2. ln large projects or projects with multiple landscape instailations (i.e., production home devetopmentı¡, än'auditing raie of l inT lots or approximately 15% will satisfy this requirement. 3. For new construction and rehabilitated landscape projects, as described in Section 17.30.070(A): a. The project applicant shall submit an irrigation audit report with the certificatê of completion to the city that may include, but is not limited to: inspection, system tune-up, system test with distribution uniformity, 18 reporting overspray or run off that causes overland flow, and preparation of an iriigation'scñedule, including conf¡guring irrigation controllers with application rate, soil types, plant factors, slope, exposure and any other factors necessary for accurate programming; and b. The city shall administer programs that may include, byt not be limited to, irrigation water use analysis-, irrigation audits, and irrigation surveys for compliance with the maximum applied water allowance' p. lrrigation Efficiency. For the purpose of determining estimated totalwater use, average irrigation ".'ffi.i"n"y is assúmed to be 0.75 for overhead spray devices and 0.81 for drip system devices. O. RecYcled Water. 1. The installation of recycled water irrigation systems shall allow for the current and future use of recYcled water. 2. All recycled water irrigation systems shall be designed and operated in accordance with all applicable city and state laws' 3. 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. R. Graywater SYstems. 1. Graywater systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigatión. All graywater systems shall conform to the California plumbing code (Tiile 24" part-5, chapter to¡ ano any applicable local .ordinance standards' Refer tdsection'17.30.0i0 (d) for the applicability of this ordinance to landscape areas less than 2,b00 square feet with the Estimated TotalWater Use met entirely by graywater. S. Stormwater Management and Rainwater Retention' 1. Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and impróves waier quality. lmplementing stormwater best management practicés ¡ñto tne landscape änd grading design plans to minimize rainwater runoff and to increase on-site retention and infiltration are encouraged' 2. project applicants shall refer to the city or Regional Water Quality Control Board for information on any applicable stormwater technical requirements. 3. All planted landscape areas are required to have friable soil to maximize water retention and infiitration. Refer to California Code of Regulations Title 23, Chapter 2.7, $ 4e2.6(a). 4. lt 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, ândlor additional capacity as required by any applicable local, regional, state or federal regulation. 5. lt is recommended that storm water projects incorporate any of the following elements to improve on-site storm water and dry weather runoff capture and use: a. Grade impervious surfaces, such as driveways, during construction to drain to vegetated areas. b. Minimize the area of impervious surfaces such as paved areas, roof and concrete drivewaYs. c. lncorporate pervious or porous surfaces (e.9., gravel, permeable pavers or blocks, pervious or porous concrete) that minimize runoff. 19 d. Direct runoff from paved surfaces and roof areas into planting beds or landscaped areas to maximize site water capture and reuse. e. lncorporate rain gardens, cisterns, and other rain harvesting or catchment systems. f. lncorporate infiltration beds, swales, basins and drywells to capture storm watei and dry weather runoff and increase percolation into the soil' g. Consider constructed wetlands and ponds that retain water, equalize excess flow, and filter pollutants. T. Public Education. 1. publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management and maintenance that save water is encouraged in the community. a. The city shall provide information to owners of permitted renovations and new, single-family residential homes regarding the design, installation, management, and maintenance of water efficient landscapes based on a water budget. 2. Model Homes. All model homes shall be landscaped and use signs and written information to demonstrate the principles of water efficient landscapes described in this title' a. Signs shall be used to identify the model as an example of a water eff]cient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme. Signage shall include information about the site water use as designed pe-r tnã local ordinance; specify who designed and installed the water äffic¡ent landscape; and demonstrate low water use approaches to landscaping such as using native plants, graywater systems, and rainwater catchment sYstems. b. lnformation shall be provided about designing, installing, managing, and maintaining water efficient landscapes. U. provisions for Existing Landscapes. The city may by mutual agreement designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this tifle. Local agenc'res mày collaborate with water purveyors to define each entity's specific responsibilities relating to this title' V. lrrigation Audit, lrrigation Survey, and lrrigation Water Use Analysis. 1. This section shall apply to all existing landscapes that were installed before December 1,2015 and are over one acre in size. a. For all landscapes that have a water meter, the city shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the maximum applied water allowance for existing landscapes. The maximum applied water allowance for existing lãndscapes shall be calculated as: MAWA = (0.8) (EToXLAXo.62). b. For all landscapes that do not have a meter, the city shall administer programs that may include, but not be limited to, irrigation surveys and inigãtion audits to evaluate water use and provide recommendations as necessary in order to prevent water waste. 20 2. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. W. WaterWastePrevention. 1. The city shall prevent water waste resulting from inefficient .landscape irrigation by prohibiting runoff fiom leaving the target landscape due to low head drainage, overspray, or other similar conditions where úater floús onto adjacent property, non-irrigated areas, walks, roadways, parking lots, or structures. Penalties for violation of these prohibitions shall be established locallY. 2. Restrictions regarding overspray and runoff may be modified if: a. The landscape area is adjacent to permeable surfacing and no runoff occurs; or b. The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaPing. X. Effective precipitation. The city considers effective precipitation (twenty-five percent of annual precipitation) in tracking waler use and uses the following equation to calculate maximum applied water allowance: MAWA- (ETo - Eppt) (0.62) I(0.7 x LA) + (0.3 x sLA)lfor residential areas. MAWA- (ETo - Eppt) (0.62) t(0.45 x LA) + (0.55 x SLA)Ifor non-residential areas. SECTION 2. No Mandatorv Dutv of Care. This ordinance is not intended to and shall not mannerwhichimposesupontheCity,oranyofficeror employee thereofi a mandatory duty of care towards persons or property within the City or outiioá of the City so as to prôvide a basis of civil liability for damages, except as otherwise imposed by law. SECTION 3. Severabilitv. lf any provision of this ordinance or the application thereof to @esisheldinvalid,suchinvalidityshallnotaffectotherprovisionsor ãpþtications of the ordinance which can be given effect without the invalid provision or aþþticat¡on. To this end, the provisions of this ordinance are severable. The City Council näl-eny declares that it would lrave adopted this ordinance irrespective of the invalidity of any particular portion thereof. sEcTloN 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict maY exist. SECTION 5. Effective Date and Publication. This Ordinance shall take effect thirty (30) day_s fthefulltextoftheordinancewithinfifteen(15) days after its passage, a summary of the ordinance may be published at least five (5) days friór to and fifteen lis¡ oays after adoption by the City Council, and a certified copy shall be þosted in the office of ttre City Clerk pursuant to Government Code section 36933(c)(1). Approved this 19th day of October, 2016 qil*Å (/**,/Íou Attest: MARK CHANDLER Mayor NIF Clerk M ^çg,{,lr.;o¿'t{a ËËnnnrolo 2L State of California County of San Joaquin, ss. l, Jennifer M. Ferraiolo, city clerk of the city of Lodi, do hereby certify that ordinance No. 1g2g was introduced at a regurai r""ting of the city councir of the city of Lodi held September 21, 2016: ãnã *". tfrãrefore p"ttãd, "dopted, and ordered to print at a regular rãltrg of sa¡d Council held October 19,2016, by the following vote: AYES: coUNclL MEMBERS - Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler NOES: ABSENT: ABSTAIN COUNCIL MEMBERS - None COUNCIL MEMBERS - None COUNCIL MEMBERS - None ^fnrua"'^ NIFE FERRAIOLO Clerk as to Form D. MAGDICH rney 22