HomeMy WebLinkAboutStaff Report 3.C 01/04/2016196
DATE: January 4, 2016
Agenda Item #3.0
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Dan St. J — Director, Public Works and Utilities
Leah G. Walker, P.E. —Environmental Services Manager
SUBJECT: Adoption (Second Reading) of an Ordinance Repealing and Replacing Water
Conservation Regulations Contained in Sections 15.17.020 and 15.17.050 of the
Petaluma Municipal Code to Comply with State Water Efficient Landscape
Requirements and Repealing Chapter 15.18 to Remove Redundancy with the
City's Water Shortage Contingency Plan
RECOMMENDATION
It is recommended that the City Council adopt an Ordinance to Repeal and Replace the Water
Conservation Regulations contained in Sections 15.17.020 and 15.17.050 of the Petaluma
Municipal Code to comply with State Water Efficient Landscape Requirements and Repealing
Chapter 15.18 to Remove Redundancy with the City's Water Shortage Contingency Plan.
BACKGROUND
On December 7, 2015, the City Council unanimously approved the first reading of an ordinance
repealing and replacing Water Conservation Regulations Contained in Sections 15.17.020 and
15.17.050 of the Petaluma Municipal Code to Comply with State Water Efficient Landscape
requirements and repealing chapter 15.18 to Remove Redundancy with the City's Water
Shortage Contingency Plan. The item passed with a vote of 6 -0, with Mayor Glass absent.
FINANCIAL IMPACTS
There are minor financial impacts associated with the recommended ordinance amendments
associated with increased staff time for plan review and enforcement.
ATTACHMENTS
1. Ordinance
ORDINANCE NO. N.C.S.
EFFECTIVE DATE
OF ORDINANCE
Introduced by Seconded by
ORDINANCE REPEALING AND REPLACING WATER CONSERVATION
REGULATIONS CONTAINED IN SECTIONS 15.17.020 AND 15.17.050 OF THE
PETALUMA MUNICIPAL CODE TO COMPLY WITH STATE REQUIREMENTS TO
UPDATE WATER EFFICIENT LANDSCAPE ORDINANCES AND REPEALING
CHAPTER 15.18 OF THE PETALUMA MUNICIPAL CODE TO REMOVE
REDUNDANCY WITH THE WATER SHORTAGE CONTINGENCY PLAN
WHEREAS, calendar year 2013 was the lowest rainfall year on record in 120 years; and
WHEREAS, due to this water supply shortage, a water shortage emergency exists and a
reduction in demand is required to ensure adequate supply in 2015 and beyond; and
WHEREAS, on January 17, 2014 Gov. Edmund G. Brown, Jr. declared a drought state
of emergency and directed state and local officials to take all necessary actions to conserve
water; and
WHEREAS, on April 25, 2014, Governor Edmund G. Brown Jr. issued an Executive
Order to strengthen the State's ability to manage water and habitat effectively in drought
conditions and called on all Californians to redouble their efforts to conserve water. The
Executive Order finds that the continuous severe drought conditions present urgent challenges
across the State including water shortages in communities and for agricultural production,
increased wildfires, degraded habitat for fish and wildlife, threat of saltwater contamination, and
additional water scarcity if drought conditions continue into 2015. The National Integrated
Drought Information System reported that nearly 80% of the state was reported to be under
"extreme" drought conditions at the end of June; and
WHEREAS, on April 1, 2015, Governor Edmund G. Brown Jr. issued Executive Order
No. B -29 -15 directing all water agencies to achieve reductions in potable water use of 25% and
other restrictions; and
WHEREAS, Executive Order No. B -29 -15 calls for updating the state Model Water
Efficient Landscape Ordinance, and requires cities to adopt the minimum requirements as set
forth in the Model Water Efficient Landscape Ordinance; and
2
WHEREAS, the City of Petaluma's water efficient landscape requirements, codified at
Petaluma Municipal Code sections 15.17.020 and 15.17.050, do not currently meet all
requirements of the Model Water Efficient Landscape Ordinance; and
WHEREAS, adopting this ordinance will assist the City in meeting the 2025 General
Plan goal 8 -G -5 to "maximize water conservation measures to improve water use efficiency and
reduce overall water demand "; and
WHEREAS, adopting this ordinance will assist the City in meeting the 2025 General
Plan Policy and Program 8 -P -18 D to "Revise the City's Landscape Ordinance to encourage, or
as appropriate require, the use of water - efficient landscaping "; and
WHEREAS, the City adopted the 2010 Urban Water Master Plan, including the Water
Shortage Contingency Plan on June 2, 2011 by adopting Resolution 2011 -093 N.C.S.; and
regulations contained therein and within Chapter 15.17 P.M.C. superseded, are redundant to, and
conflict with provisions of Chapter 15.18 P.M.C; and
WHEREAS, the City Council finds that the adoption and implementation of this
ordinance are exempt from the provisions of the California Environmental Quality Act under
section 15061(b)3 in that the Council finds there is no possibility that the implementation of this
ordinance may have significant effects on the environment.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Petaluma
hereby as follows:
Section 1. The foregoing recitals are true and correct and incorporated by reference.
Section 2. Section 15.17.020 of the Municipal Code is hereby repealed and replaced with the
following:
15.17.020 Definitions.
A. Unless a provision in this chapter specifies otherwise, the following terms and phrases, as
used in this chapter, shall have the meanings hereinafter designated:
1. "Applied water" means the portion of water supplied by the irrigation system to the
landscape.
2. "Authorized representative" or "agent" means any person(s) with written authorization
from the property owner to sign documents and bind the property owner to compliance
with this chapter.
3. "Automatic irrigation controller" means a timing device used to remotely- control valves
that operate an irrigation system. Automatic irrigation controllers are able to self - adjust
and schedule irrigation events using either evapotranspiration (weather- based) or soil
moisture data.
4. "Backflow prevention device" means a safety device used to prevent pollution or
contamination of the water supply due to the reverse flow of water from the irrigation
system.
5. "Certificate of Completion" means the document required in Section 15.17.050.D.
6. "Certified irrigation designer" means a person certified to design irrigation systems by an
accredited academic institution, a professional trade organization or other program such
as the US Environmental Protection Agency's WaterSense irrigation designer
certification program and Irrigation Association's Certified Irrigation Designer program.
7. "Certified landscape irrigation auditor" means a person certified to perform landscape
irrigation audits by an accredited academic institution, a professional trade organization
or other program such as the US Environmental Protection Agency's WaterSense
irrigation auditor certification program and Irrigation Association's Certified Landscape
Irrigation Auditor program.
8. "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.
9. "City" means the City of Petaluma. The City Council of Petaluma may designate the
position(s) or person(s) to whom responsibilities and authority of the city are delegated
and may from time to time modify such delegations. Absent any further specific
delegation by the city council, the authority and responsibility set forth in this chapter
shall be delegated to the Director of Public Works and Utilities, including his or her
designee(s).
10. "Compost" means the safe and stable product of controlled biologic decomposition of
organic materials that is beneficial to plant growth.
11. "Conversion factor (0.62)" means the number that converts acre - inches per acre per year
to gallons per square foot per year.
12. "Distribution uniformity" means the measure of the uniformity of irrigation water over a
defined area.
13. "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 volumes of water slowly at or near the root zone of
plants.
14. "Dwelling unit" means a room or group of internally connected rooms that have sleeping,
cooking, eating and sanitation facilities, but not more than one kitchen, which constitutes
an independent housekeeping unit, occupied or intended for one household on a long-
term basis, or such other definition as may be subsequently adopted by the City as part of
its Implementing Zoning Ordinance and /or Smart Code.
15. "Ecological restoration project" means a project where the site is intentionally altered to
establish a defined, indigenous, historic ecosystem.
16. "Effective precipitation" or "usable rainfall" (Eppt) means the portion of total
precipitation which becomes available for plant growth.
17. "Emitter" means a drip irrigation emission device that delivers water slowly from the
system to the soil.
18. "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.
19. `Establishment period of the plants" means the first year after installing the plant in the
landscape or the first two years if irrigation will be terminated after establishment.
M
Typically, most plants are established after one or two years of growth. Native habitat
mitigation areas and trees may need three to five years for establishment.
20. "Estimated Total Water Use" (ETWU) means the total water used for the landscape as
described in the Water Efficient Landscape Worksheet in Section 15.17.050 C.2.
21. "ET adjustment factor" (ETAF) means a factor of 0.55 for residential areas and 0.45 for
non - residential areas, that, when applied to reference evapotranspiration, adjusts for plant
factors and irrigation efficiency, two major influences upon the amount of water that
needs to be applied to the landscape. The ETAF for new and existing (non - rehabilitated)
Special Landscape Areas shall not exceed 1.0. The ETAF for existing non - rehabilitated
landscapes is 0.8.
22. "ET controller" or "smart controller" means an irrigation system controller or timer that
automatically adjusts irrigation run times and run days based on data received from local
weather stations. ET stands for evapotranspiration, which is the amount of water that has
evaporated from the soil and has transpired through the plant.
23. "Evapotranspiration rate" means the quantity of water evaporated from adjacent soil and
other surfaces and transpired by plants during a specified time.
24. "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.
25. "Flow sensor" means an inline device installed at the supply point of the irrigation system
that produces a repeatable signal proportional to flow rate. Flow sensors must be
connected to an automatic irrigation controller, or flow monitor capable of receiving flow
signals and operating master valves. This combination flow sensor /controller may also
function as a landscape water meter or submeter.
26. "Friable" means a soil condition that is easily crumbled or loosely compacted down to a
minimum depth per planting material requirements, whereby the root structure of newly
planted material will be allowed to spread unimpeded.
27. "Graywater" means untreated wastewater that has not been contaminated by any toilet
discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes,
and does not present a threat from contamination by unhealthful processing,
manufacturing, or operating wastes. "Graywater" includes, but is not limited to,
wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines,
and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers.
28. " Hadscapes" means any durable material (pervious and non - pervious).
29. "Head -to -head coverage" means coverage resulting from placement of irrigation
sprinklers so that the water from one sprinlder throws all the way to adjacent sprinklers.
30. "Hydrozone" means a portion of the landscaped area having plants with similar water
needs and rooting depth. A hydrozone may be irrigated or non - irrigated.
31. "Infiltration rate" means the rate of water entry into the soil expressed as a depth of
water per unit of time (e.g., inches per hour).
32. "Invasive plant species" means species of plants not historically found in California that
spread outside cultivated areas and can damage environmental or economic resources.
Invasive species may be regulated by county agricultural agencies as noxious species.
"Noxious weeds" means any weed as described in the Food and Agricultural Code,
Section 5004. Lists of invasive plants are maintained at the California Invasive Plant
Inventory and USDA invasive and noxious weeds database.
5
33. "Irrigation audit" means an in -depth evaluation of the performance of an irrigation
system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit
includes, but is not limited to: inspection, system tune -up, system test with distribution
uniformity or emission uniformity, reporting overspray or runoff that causes overland
flow, and preparation of an irrigation schedule. The audit must be conducted in a manner
consistent with the Irrigation Association's Landscape Irrigation Auditor Certification
program or other U.S. Environmental Protection Agency "WaterSense" labeled auditing
program.
34. "Irrigation efficiency" (IE) means the measurement of the amount of water beneficially
used divided by the amount of water applied. Irrigation efficiency is derived from
measurements and estimates of irrigation system characteristics and management
practices. The irrigation efficiency for purposes of this ordinance is 0.75 for overhead
spray devices and 0.81 for drip systems.
35. "Irrigation season" means the time of year when irrigation first begins at a location and
last occurs. The irrigation season in Petaluma is typically March/April through
October/November.
36. "Landscape architect" means a person who holds a license to practice landscape
architecture in the state of California Business and Professions Code, Section 5615.
37. "Landscape area" means all the planting areas, turf areas, and water features in a
landscape design plan subject to the Maximum Applied Water Allowance calculation.
The landscape area does not include footprints of buildings or structures, sidewalks,
driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-
pervious hardscapes, and other non - irrigated areas designated for non - development (e.g.,
open spaces and existing native vegetation).
3 8. "Landscape contractor" means a person licensed by the state of California to construct,
maintain, repair, install, or subcontract the development of landscape systems.
39. "Landscape Documentation Package" means the documents required under Section
15.17.050.C.
40. "Landscape project" means total area of landscape in a project as defined in "landscape
area" for the purposes of this ordinance.
41. "Landscape water meter" means an inline device installed at the irrigation supply point
that measures the flow of water into the irrigation system and is connected to a totalizer
to record water use.
42. "Lateral line" means the water delivery pipeline that supplies water to the emitters or
sprinklers from the valve.
43. "Local agency" means a city or county, including a charter city or charter county, that is
responsible for adopting and implementing the ordinance. The local agency is also
responsible for the enforcement of this ordinance, including but not limited to, approval
of a permit and plan check or design review of a project.
44. "Local water purveyor" means any entity, including a public agency, city, county, or
private water company that provides retail water service.
45. "Low volume irrigation" means the application of irrigation water at low pressure
through a system of tubing or lateral lines and low- volume emitters such as drip, drip
lines, and bubblers. Low volume irrigation systems are specifically designed to apply
small volumes of water slowly at or near the root zone of plants.
0
46. "Main line" means the pressurized pipeline that delivers water from the water source to
the valve or outlet.
47. "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.
48. "Maximum Applied Water Allowance" (MAWA) means the upper limit of annual
applied water for the established landscaped area as specified in Section 15.17.050 C.2. It
is based upon the area's reference evapotranspiration, the ET Adjustment Factor, and the
size of the landscape area. The Estimated Total Water Use shall not exceed the Maximum
Applied Water Allowance. Special Landscape Areas, including recreation areas, areas
permanently and solely dedicated to edible plants such as orchards and vegetable
gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF
not to exceed 1.0. MAWA = (ETo) (0.62) [(ETAF x LA) + ((1 -ETAF) x SLA)]
49. "Median" is an area between opposing lanes of traffic that may be unplanted or planted
with trees, shrubs, perennials, and ornamental grasses.
50. "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.
51. "Mined -land reclamation projects" means any surface mining operation with a
reclamation plan approved in accordance with the Surface Mining and Reclamation Act
of 1975.
52. "Mulch" means any organic material such as leaves, bark, straw, compost, or inorganic
mineral materials such as rocks, gravel, or decomposed granite left loose and applied to
the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds,
moderating soil temperature, and preventing soil erosion.
53. "New construction ", for the purposes of Section 15.17.050, means a new building with a
landscape or other new landscape, such as a park, playground, or greenbelt without an
associated building.
54. "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 of common areas of common interest developments with designated
recreational areas.
55. "Operating pressure" means the pressure at which the parts of an irrigation system are
designed by the manufacturer to operate.
56. "Overhead sprinkler irrigation systems" or "overhead spray irrigation systems" means
systems that deliver water through the air (e.g., spray heads and rotors).
57. "Overspray" means the irrigation water, which is delivered beyond the target area.
58. "Parkway" means the area between a sidewalk and the curb or traffic lane. It may be
planted or unplanted, and with or without pedestrian egress.
59. "Permit" means an authorizing document issued by local agencies.
60. "Pervious" means any surface or material that allows the passage of water through the
material and into the underlying soil.
61. "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 ordinance, the plant factor
range for very low water use plants is 0 to 0. 1, the plant factor range for low water use
7
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 plants is 0.7 to 1.0. Plant factors cited in this
ordinance are derived from the publication "Water Use Classification of Landscape
Species ". Plant factors may also be obtained from horticultural researchers from
academic institutions or professional associations as approved by the California
Department of Water Resources (DWR).
62. "Precipitation rate" means the amount of water applied by an irrigation emission device
measured in inches per hour.
63. "Project applicant" means the individual or entity submitting a Landscape Documentation
Package, to request a permit, plan check, or design review from the local agency. A
project applicant may be the property owner or his or her designee.
64. "Rain sensor" or "rain sensing shutoff device" means a component, which automatically
suspends an irrigation event when it rains.
65. "Record drawing" or "as- built" means a set of reproducible drawings, which show
significant changes in the work made during construction and which are usually based on
drawings marked up in the field and other data furnished by the contractor.
66. "Recreational area" means areas, excluding private single family residential areas,
designated for active play, recreation or public assembly in parks, sports fields, picnic
grounds, amphitheaters or golf course tees, fairways, roughs, surrounds and greens.
67. "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.
68. "Reference evapotranspiration" or "ETo" means a standard measurement of
environmental parameters, which 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
Allowances so that regional differences in climate can be accommodated.
69. "Rehabilitated project" means any project that requires a permit, plan check, or design
review, and the modified landscape area is equal to or greater than 2,500 square feet.
70. "Residential landscape" means landscapes surrounding single or multifamily homes.
71. "Reverse osmosis" means a process by which a solvent such as water is purified of
solutes by being forced through a semipermeable membrane through which the solvent,
but not the solutes, may pass.
72. "Run off' means water which is not absorbed by the soil or landscape to which it is
applied and flows from the landscape area. For example, run off may result from water
that is applied at too great a rate (application rate exceeds infiltration rate) or when there
is a slope.
73. "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.
74. "Soil texture" means the classification of soil based on its percentage of sand, silt, and
clay.
75. "Special Landscape Area" (SLA) means an area of the landscape dedicated solely to
edible plants, cemeteries, recreational areas, areas irrigated with recycled water, or water
features using recycled water.
76. "Sprinkler head" or "spray head" means a device, which delivers water through a nozzle.
77. "Static water pressure" means the pipeline or municipal water supply pressure when
water is not flowing.
78. "State" means the state of California.
79. "Station" means an area served by one valve or by a set of valves that operate
simultaneously.
80. "Swing joint" means an irrigation component that provides a flexible, leak -free
connection between the emission device and lateral pipeline to allow movement in any
direction and to prevent equipment damage.
81. "Submeter" means a metering device to measure water applied to the landscape that is
installed after the primary utility water meter.
82. "Turf' means a ground cover surface of mowed grass. Annual bluegrass, Kentucky
bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool- season grasses.
Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and
Buffalo grass are warm- season grasses.
83. "Valve" means a device used to control the flow of water in the irrigation system.
84. "Water feature" means a design element where open water performs an aesthetic or
recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial
streams, spas, and swimming pools (where water is artificially supplied).
85. "Watering window" means the time of day irrigation is allowed.
86. "WUCOLS" means the Water Use Classification of Landscape Species published by the
University of California Cooperative Extension, and the Department of Water Resources
2014.
Section 3. Section 15.17.050 of the Municipal Code is hereby repealed and replaced with the
following:
15.17.050 Landscape water use efficiency standards.
A. Applicability. This ordinance shall apply to all of the following projects:
1. New construction projects with an aggregate landscape area equal to or greater than 500
square feet requiring a building permit, plan check or design review.
2. Rehabilitated projects with an aggregate landscape area equal to or greater than 2,500
square feet within one twelve -month period requiring a building permit, plan check, or
design review.
3. Cemeteries. Recognizing the special landscape management needs of cemeteries, new
and rehabilitated cemeteries shall be designated as Special Landscape Areas.
4. 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
measures of this section.
a. Prescriptive requirements may be used as a compliance option to the Landscape
Water Use Efficiency Standards.
1
b. Compliance with the Sections A.4.c -h below is mandatory and must be documented
on a landscape plan in order to use the prescriptive compliance option.
Submit a Landscape Documentation Package (The Director of Public Works and
Utilities will develop appropriate forms to carry out this section) which includes the
following elements:
i. Date.
ii. Project Applicant.
iii. Project address (if available, parcel and /or lot number(s)).
iv. Total landscape area (square feet), including a breakdown of turf and plant
material.
V. Project type (e.g., new, rehabilitated, public, private, cemetery,
homeowner- installed).
vi. Water supply type (e.g., potable, recycled, well) and identify the local
retail water purveyor if the applicant is not served by a private well.
vii. Contact information for the project applicant and property owner.
viii. Applicant signature and date with statement, "I agree to comply with the
requirements of the prescriptive compliance option to the Landscape
Water Use Efficiency Standards ".
d. Plant material shall comply with all of the following:
i. For residential areas, install climate adapted plants that require occasional,
little or no summer water (average WUCOLS plant factor 0.3) for 80% of
the plant area excluding edibles and areas using recycled water; For non-
residential areas, install climate adapted plants that require occasional,
little or no summer water (average WUCOLS plant factor 0.3) for 100%
of the plant area excluding edibles and areas using recycled water.
ii. A minimum three -inch (3 ") 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 where mulch is
contraindicated.
e. Turf shall comply with all of the following:
i. Turf shall not exceed 20% of the landscape area in residential areas, and
there shall be no turf in non - residential areas.
ii. Turf shall not be planted on sloped areas, which exceed a slope of 1 foot
vertical elevation change for every 4 feet of horizontal length.
iii. Turf is prohibited in parkways less than 10 feet wide, unless the parkway
is adjacent to a parking strip and used to enter and exit vehicles. Any turf
in parkways must be irrigated by sub - surface irrigation or by other
technology, which creates no overspray or runoff.
10
£ Irrigation systems shall comply with the following:
i. Automatic irrigation controllers are required and must use
evapotranspiration or soil moisture sensor data and utilize a rain sensor.
ii. Irrigation controllers shall be of a type, which does not lose programming
data in the event the primary power source is interrupted.
iii. Pressure regulators shall be installed on the irrigation system to ensure the
dynamic pressure of the system is within the manufacturers recommended
pressure range.
iv. Manual shut -off valves (such as a gate valve, ball valve, or butterfly valve)
shall be installed as close as possible to the point of connection of the
water supply.
V. All irrigation emission devices must meet the requirements set in the
ANSI standard, ASABE /ICC 802 -2014. "Landscape Irrigation Sprinkler
and Emitter Standard," All sprinkler heads installed in the landscape must
document a distribution uniformity low quarter of 0.65 or higher using the
protocol defined in ASABE /ICC 802 -2014.
vi. Areas less than ten (10) feet in width in any direction shall be irrigated
with subsurface irrigation or other means that produces no runoff or
overspray.
g. All non - residential landscape projects shall install a private submeter(s) to measure
landscape water use.
h. At the time of final inspection, the permit applicant must provide the owner of the
property with a certificate of completion, certificate of installation, irrigation schedule
and a schedule of landscape and irrigation maintenance.
5. Properties excluded from Applicability. This ordinance does not apply to registered
local, state or federal historical sites; properties irrigated with recycled water; ecological
restoration projects that do not require a permanent irrigation system; mined -land
reclamation projects that do not require a permanent irrigation system; or existing plant
collections, as part of botanical gardens and arboretums open to the public. Owners of
these excluded properties are encouraged to implement efficient water use practices.
B. Standards Applicable to All Projects.
1. For residential projects, the percentage of the residential landscape area that can be
planted with high water use plants including turf shall not exceed 20 %.
2. For non - residential projects, the use of high water use plants including turf is limited to
special landscape areas.
3. All multi- family residential and non - residential projects must install a dedicated irrigation
meter(s).
11
4. The maximum amount of water that can be applied to a landscape is 55% of the reference
evapotranspiration rate for residential projects and 45% of the evapotranspiration rate for
non - residential projects. This water allowance reduces the landscape area that can be
planted with high water use plants including turf.
5. Irrigation systems are required to have pressure regulators and master shut -off valves.
6. All irrigation emission devices must meet the national standard stated in the Ordinance to
ensure that only high efficient sprinklers are installed.
7. The irrigation efficiency of devices used to irrigate landscapes is one of the factors that
goes into determining the maximum amount of water allowed.
8. Flow sensors that detect and report high flow conditions due to broken pipes and /or
popped sprinkler heads are required for landscape areas greater than 5,000 square feet.
9. The minimum width of areas that can be overhead irrigated is 10 feet; areas less than 10
feet wide must be irrigated with subsurface drip or other technology that produces no
over spray or runoff.
10. Friable soil is required in planting areas.
11. For landscape installations, four yards of compost per 1,000 square feet of area must be
incorporated to a depth of six inches into the soil.
12. All landscape and /or irrigation systems shall be installed so as not to violate the City's
water waste prohibition (PMC 15.17.070).
C. Application Process. Prior to commencing any construction activities related to
implementation of the project, the applicant shall submit to the City a Landscape Documentation
Package consisting of the following information on forms prepared by the City's Director of
Public Works and Utilities as described in further detail below:
1. Project Application Form. The Project Application Form shall contain the following
information:
a. Project information.
b. Date.
c. Project Applicant.
d. Project address (if available, parcel and/or lot number(s)).
e. Total landscape area (square feet).
f Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-
installed).
g. Water supply type (e.g., potable, recycled, well) and identify the local retail water
purveyor if the applicant is not served by a private well.
h. Checklist of all documents in Landscape Document Package.
i. Project contacts to include contact information for the project applicant and
property owner.
j. Applicant signature and date with statement, "I agree to comply with the
requirements of the Landscape Water Use Efficiency Standards and submit a
complete Landscape Documentation Package ".
2. Water Efficient Landscape Worksheet
a. The form shall contain information on the plant factor, irrigation method,
irrigation efficiency, and area associated with each hydrozone. The worksheet
12
shall include calculation methods to demonstrate that the ETAF for the landscape
project does not exceed a factor of 0.55 for residential areas and 0.45 for non-
residential areas, exclusive of Special Landscape Areas. The ETAF for a
landscape project is based on the plant factors and irrigation methods selected.
The MAWA is calculated based on the maximum ETAF allowed (0.55 for
residential areas and 0.45 for non - residential areas) and expressed as annual
gallons required. ETWU is calculated based on the plants used and irrigation
method selected for the landscape design. ETWU must be below the MAWA.
i. For the purpose of determining ETWU, average irrigation efficiency is
assumed to be 0.75 for overhead spray devices and 0.81 for drip
system devices.
ii. In calculating the MAWA and ETWU, a project applicant shall use the
ETo values from the Reference Evapotranspiration Table below:
Reference Evapotranspiration (ETo) Table for Petaluma, CA
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Annual
ETo
1.2
1.5
2.8
3.7
4.6
5.6
4.6
5.7
4.5
2.9
1.4
0.9
39.6
b. Water budget calculations shall adhere to the following requirements:
i. 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 plant 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.
ii. 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.
iii. All Special Landscape Areas shall be identified and their water use
calculated.
iv. ETAF for new and existing (non - rehabilitated) Special Landscape
Areas shall not exceed 1.0.
V. The surface area of water features is included in the high water use
hydrozone of the landscape area. Constructed wetlands used for on -site
wastewater treatment or stormwater best management practices that
are not irrigated and used solely for water treatment or stormwater
retention are not water features and, therefore, are not subject to the
water budget calculation.
13
3. Soil Management Report. The purpose of the report is to facilitate reduction in runoff
and encouragement of healthy plant growth, and shall be completed by the project
applicant as follows:
a. Submit soil samples to a laboratory for analysis. Soil sampling shall be conducted
in accordance with laboratory protocol, including protocols regarding adequate
sampling depth for the intended plants.
i. The soil analysis shall include soil texture, infiltration rate
determined by laboratory test or soil - infiltration rate table, pH, total
soluble salts, sodium, percent organic matter, and recommendations.
ii. In projects with multiple landscape installations (e.g. production
home developments), a soil - sampling rate of at least 15% of the lots
will satisfy this requirement,
b. The Director of Public Works and Utilities or his /her designee shall determine the
timing of the submission of the report based on the following :
i. If significant mass grading is not planned, the soil analysis report shall
be submitted to the City as part of the Landscape Documentation
Package; or
ii. If significant mass grading is planned, the soil analysis report shall be
submitted to the City as part of the Certificate of Completion.
c. The soil analysis report shall be made available, in a timely manner, to the
professionals preparing the landscape design plans and irrigation design plans to
make any necessary adjustments to the design plans.
d. The project applicant, or his/her designee, shall submit documentation verifying
implementation of soil analysis report recommendations to the City with
Certificate of Completion.
4. Landscape Design Plan. A landscape design plan meeting the following design criteria
shall be submitted as part of the Landscape Documentation Package:
a. Plant Material. Plants selected for the landscape shall not cause the ETWU in the
landscape area to exceed the MAWA.
i. Methods to achieve water efficiency shall include the following:
Invasive species as listed by the California Invasive Plant Council are
prohibited; selection of water - conserving plant, tree and turf species,
especially local native plants; selection of plants based on local climate
suitability, disease and pest resistance; selection of trees based on
shading and size at maturity as appropriate for the planting area; and
selection of plants fiom local and regional landscape program plant
lists.
ii. Plants with similar water needs shall be grouped together in distinct
hydrozones and where irrigation is required the distinct hydrozones
shall be irrigated with separate valves.
iii. High water use plants shall not be mixed with very low, low or
moderate water use plants in the same hydrozone.
iv. Plants shall be selected and planted appropriately based upon their
adaptability to the climatic, geologic, and topographical conditions of
the project site. Methods to achieve water efficiency shall include one
14
or more of the following: Use the Sunset Wester Climate Zone
System which takes into account temperature, humidity, elevation,
terrain, latitude, and varying degrees of continental and marine
influence on local climate; recognize the horticultural attributes of
plants (i.e., mature plant size, invasive surface roots) to minimize
damage to property or infrastructure [e.g., buildings, sidewalks, power
lines]; allow for adequate soil volume for healthy root growth; and
consider the solar orientation for plant placement to maximize summer
shade and winter solar gain.
v. Turf and high water use plants characterized by a plant factor of 0.7 to
1.0, shall not be planted in the following conditions: Slopes exceeding
10 percent; street medians, traffic islands, planter strips or bulbouts of
any size.
vi. Turf shall not be used in planting areas 10 feet wide or less.
vii. High water use plants including turf shall occupy no more than a
combined 20 percent of the total irrigated landscaped area in
residential landscape projects. High water use plants including turf are
limited to Special Landscape Areas for all non - residential landscape
projects.
viii. The architectural guidelines of a common interest development, which
include community apartment projects, condominiums, planned
developments, and stock cooperatives, shall not prohibit or include
conditions that have the effect of prohibiting the use of low -water use
plants as a group.
ix. Landscape design shall be in compliance with Municipal Code
Chapter 8.28 Heritage and Landmark Trees.
b. 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.
iii. 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 required.
Soil Preparation, Mulch and Amendments. Prior to the planting of any materials,
compacted soils shall be transformed to a friable condition. On engineered slopes,
only amended planting holes need meet this requirement.
i. Soil amendments shall be incorporated according to
recommendations of the soil report and what is appropriate for the
plants selected.
ii. For landscape installations, compost at a rate of a minimum of four
cubic yards per 1,000 square feet of permeable area shall be
incorporated to a depth of six inches into the soil or per specific
amendment recommendations from a soils report. Soils with
15
greater than 6% organic matter in the top 6 inches of soil are
exempt fiom adding compost and tilling.
iii. 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
where mulch is contradicting. To provide habitat for beneficial
insects and other wildlife, up to 5 % of the landscape area may be
left without mulch. Designated insect habitat must be included in
the landscape design plan as such.
d. In addition, the Landscape Design Plan, at a minimum shall:
i. Delineate and label each hydrozone by number, letter, or other
method.
ii. Identify each hydrozone as very low, 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.
iii. Identify recreational areas.
iv. Identify areas permanently and solely dedicated to edible plants.
V. Identify areas irrigated with recycled water.
vi. Identify type of mulch and application depth.
vii. Identify soil amendments, type, and quantity.
viii. Identify type and surface area of water features.
ix. Identify hardscapes (pervious and non - pervious).
X. Identify new and existing trees, shrubs, groundcovers, turf and any
other planting areas.
xi. Identify plant sizes and quantity.
xii. Identify plants by botanical name and common name.
xiii. Identify property lines, new and existing building footprints,
streets, driveways, sidewalks, and other hardscape features
(pervious and non - pervious).
xiv. Identify location and installation details of any applicable
stormwater best management practices that encourage on -site
retention and infiltration of stormwater.
xv. Identify any applicable rain harvesting or catchment technologies.
xvi. Identify any applicable graywater discharge piping, system
components and area(s) of distribution.
xvii. Contain the following statement: "I have complied with the criteria
of the ordinance and applied them for the efficient use of water in
the landscape design plan ".
xviii. Bear the signature of a licensed landscape architect, licensed
landscape contractor, or any other person authorized to design a
landscape. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2,
5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and
Professions Code, Section 832.27 of Title 16 of the California
16
Code of Regulations, and Section 6721 of the Food and
Agriculture Code.)
5. Irrigation Design Plan. This section applies to landscaped areas requiring permanent
irrigation, not areas that require temporary irrigation solely for the plant establishment
period. An irrigation design plan meeting the following design criteria shall be
submitted as part of the Landscape Documentation Package.
a. System.
i. For the efficient use of water, an irrigation system shall meet all
the requirements listed in this section and the manufacturers'
recommendations. The irrigation system and its related
components shall be planned and designed to allow for proper
installation, management, and maintenance.
ii. Landscape water meters, defined as either a dedicated water
service meter or private submeter, shall be installed for all multi-
family residential landscape, non - residential landscape and all
residential irrigated landscapes of 5,000 square feet or greater.
iii. 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.
iv. Pressure regulating devices shall be installed to ensure the dynamic
pressure at each emission device is within the manufacturer's
recommended pressure range for optimal performance.
V. Pressure regulating devices such as inline pressure regulators,
booster pumps, or other devices shall be installed to meet the
required dynamic pressure of the irrigation system.
vi. 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. If the measurements are not
available at the design stage, the measurements shall be conducted
at installation.
vii. 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. Irrigation should be
avoided during windy or freezing weather or during rain.
viii. 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.
ix. Backflow prevention devices shall be required to protect the water
supply from contamination by the irrigation system.
X. Flow sensors that detect high flow conditions created by system
damage or malfunction are required for all non - residential
landscapes and residential landscapes of 5000 square feet or larger.
17
xi. Master shut -off valves are required on all projects except
landscapes that make use of technologies that allow for the
individual control of sprinklers that are individually pressurized in
a system equipped with low pressure shut down features.
xii. Isolation valves shall be installed at the point of connection and
before each valve or valve manifold.
xiii. The irrigation system shall be designed to prevent runoff, low head
drainage, overspray, or other similar conditions where irrigation
water flows onto non - targeted areas, such as adjacent property,
non - irrigated areas, hardscapes, roadways, or structures.
xiv. Relevant information from the soil management plan, such as soil
type and infiltration rate, shall be utilized when designing
irrigation systems.
xv. The design of the irrigation system shall conform to the
hydrozones of the landscape design plan.
xvi. The irrigation system must be designed and installed to meet, at a
minimum, the irrigation efficiency criteria regarding the MAWA.
xvii. All irrigation emission devices must meet the requirements set in
the American National Standards Institute (ANSI) standard,
American Society of Agricultural and Biological
Engineers' /International Code Council's (ASABE /ICC) 802 -2014
"Landscape Irrigation 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.
xviii. The project applicant shall inquire with the 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.
xix. In mulched planting areas, the use of low volume irrigation is
required to maximize water infiltration into the root zone.
xx. Sprinkler heads and other emission devices shall have matched
precipitation rates, unless otherwise directed by the manufacturer's
recommendations.
xxi. Head to head coverage is required unless otherwise directed by the
manufacturer's recommendations. Sprinkler spacing shall be
designed to achieve the highest possible distribution uniformity.
xxii. Swing joints or other riser- protection components are required on
all risers.
xxiii. Check valves or anti -drain valves are required on all sprinkler
heads where low point drainage could occur.
xxiv. Areas less than ten feet in width in any direction shall be irrigated
with subsurface irrigation or other means that produces no runoff
or overspray.
xxv. Overhead irrigation shall not be permitted within 24 inches of any
non - permeable surface. Allowable irrigation within the setback
18
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 mulch, gravel,
or other porous material. These restrictions may be modified if:
The landscape area is adjacent to permeable surfacing and no
runoff occurs; or the adjacent non - permeable surfaces are designed
and constructed to drain entirely to landscaping; or 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. Prevention of
overspray and runoff must be confirmed during the irrigation audit.
xxvi. Slopes greater than 15 percent shall be irrigated with point source
or other low- volume irrigation technology. Prevention of runoff
and erosion must be confirmed during the irrigation audit.
xxvii. Point source irrigation is required where plant height at maturity
will affect the uniformity of an overhead system.
b. 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. 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 the tree.
iv. Individual hydrozones that mix plants of moderate and low water
use, or moderate and high water use, may be allowed if: Plant
factor calculation is based on the proportions of the respective
plant water uses and their plant factor; or the plant factor of the
higher water using plant is used for calculations.
V. Individual 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.
vii. The Landscape Design Plan shall include a hydrozone table listing
each hydrozone and the respective description, plant factor,
irrigation method, landscape area in square feet, and percent of
total landscape area.
c. In addition, the Irrigation Design Plan, at a minimum, shall contain:
i. Location and size of separate water meters for landscape.
ii. Location and size of irrigation system point of connection.
iii. Location, type and size of all components of the irrigation system,
including controllers, main and lateral lines, master valves, valves,
M
sprinkler heads and other application devices, moisture sensing
devices, rain sensors, check valves, quick couplers, flow sensors,
pressure regulators, and backflow prevention devices.
iv. Designate the areas irrigated by each valve, and assign a number to
each valve.
V. Static water pressure at the point of connection to the public water
supply.
vi. Flow rate (gallons per minute), application rate (inches per hour),
and design operating pressure (pressure per square inch) for each
station.
vii. Recycled water irrigation systems (if applicable).
viii. The Hydrozone Table.
ix. The following statement: "I have complied with the criteria of the
ordinance and applied them accordingly for the efficient use of
water in the irrigation design plan "; and
X. The signature of a licensed landscape architect, certified irrigation
designer, licensed landscape contractor, or any other person
authorized to design an irrigation system. (See Sections 5500. 1,
5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701,
7027.5 of the Business and Professions Code, Section 832.27 of
Title 16 of the California Code of Regulations, and Section 6721 of
the Food and Agricultural Code).
6. Grading Design Plan. A comprehensive grading plan shall be submitted and include:
a. The Grading Design Plan shall indicate finished configurations and elevations of
the landscape area including:
i. Height of graded slopes.
ii. Drainage patterns.
iii. Pad elevations.
iv. Finish grade.
V. Stormwater retention improvements, if applicable.
b. The Grading Design Plan shall demonstrate:
i. That all irrigation and normal rainfall remains within property lines
and does not drain on to non - permeable hardscapes.
ii. Avoids disruption of natural drainage patterns and undisturbed
soil.
iii. Avoids soil compaction in landscape areas.
c. The Grading Design Plan shall contain the following statement: "I have complied
with the criteria of the ordinance 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.
d. A comprehensive grading plan prepared by a civil engineer for other local agency
permits may satisfy this requirement.
D. Certificate of Completion: Prior to the final City permit being issued, the project applicant or
applicant shall submit a completed Certificate of Completion on a form prepared by the Director
of Public Works:
1. The Certificate of Completion form shall include the following elements:
a. Project information.
b. Date.
c. Project name.
d. Project applicant name, telephone, and mailing address.
e. Project address and location.
f. Property owner name, telephone, and mailing address.
g. Certification by either the signer of the landscape design plan, the signer of the
irrigation design plan, or the licensed landscape contractor that the landscape
project has been installed per the approved Landscape Documentation Package.
2. The Certificate of Completion shall be submitted to the City for review with the
following attachments:
a. Irrigation Schedule. All irrigation schedules shall be developed, managed and
evaluated to utilize the minimum amount of water required to maintain plant
health. Irrigation schedules shall meet the following criteria:
i. Irrigation scheduling shall be regulated by automatic irrigation controllers.
ii. For implementation of the irrigation schedule, particular attention must be
paid to irrigation run times, emission device, flow rate, and current
reference evapotranspiration, so that applied water meets the ETWU.
Total annual applied water shall be less than or equal to MAWA. Actual
irrigation schedules shall be regulated by automatic irrigation controllers
using current reference evapotranspiration data or soil moisture sensor
data.
iii. Parameters used to set the automatic controller shall be developed and
submitted for each of the following:
1. Plant establishment period.
2. The established landscape.
3. Temporarily irrigated areas.
iv. Each irrigation schedule shall consider for each station all of the following
that apply:
1. Irrigation interval (days between irrigation)
2. Irrigation run times (hours or minutes per irrigation event to avoid
runoff)
3. Number of cycle starts required for each irrigation event to avoid
runoff.
4. Amount of applied water scheduled to be applied on a monthly basis.
5. Application rate setting.
6. Root depth setting.
7. Plant type.
8. Slope factor setting.
9. Shade factor setting.
10. Irrigation uniformity or efficiency setting.
21
b. Landscape and Irrigation Maintenance Schedule. A regular maintenance schedule
shall be developed, which meets the following criteria:
i. Landscapes shall be maintained to ensure water use efficiency.
ii. The schedule shall include, but not be limited to, routine inspection;
auditing, adjustment and repair of the irrigation system and its
components; aerating and dethatching turf areas; topdressing with
compost, replenishing mulch; fertilizing; pruning; weeding in all
landscape areas, and removing and obstructions to emission devices.
iii. Operation of the irrigation system outside the normal watering window is
allowed for auditing and system maintenance.
iv. Repair of all irrigation equipment shall be done with the originally
installed components or their equivalents or with components with greater
efficiency.
V. An irrigation maintenance schedule timeline that includes routine
inspections, adjustments and repairs to the irrigation system, aerating and
dethatching turf areas, replenishing mulch, fertilizing, pruning and
weeding.
Landscape Irrigation Audit Report. An audit report shall be developed which
meets the following criteria:
i. Operating pressure of the irrigation system.
ii. Distribution uniformity of overhead irrigation.
iii. Precipitation rate of overhead irrigation.
iv. Report of any overspray or broken irrigation equipment.
V. Irrigation schedule: plant establishment irrigation schedule and regular
irrigation schedule by month that includes plant type, root depth, soil type,
slope factor, shade factor, irrigation interval, irrigation runtimes, number
of start times per irrigation day, gallons per minute for each valve,
precipitation rate, distribution uniformity and monthly estimated water use
calculations.
vi. Verification that a diagram of the irrigation plan showing hydrozones is
kept with the irrigation controller for subsequent management purposes.
vii. All landscape irrigation audits shall be conducted by a Certified
Landscape Irrigation Auditor. Landscape audits shall not be conducted by
the person who designed the landscape or installed the landscape.
viii. In large projects or projects with multiple landscape installations an
auditing rate of 15% is required.
d. Soil Management Report, if not submitted with the Landscape Documentation
Package, and documentation verifying implementation of soil report
recommendations.
3. Copies of the approved Certificate of Completion shall be provided to the property owner
or his or her designee.
22
E. Public Education. All model homes that are landscaped shall use signs that provide written
information to demonstrate the principles of water efficient landscapes described in this
ordinance.
1. Signs shall be used to identify the model as an example of a water efficient 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 per the local ordinance; specify who designed and installed the water
efficient landscape; and demonstrate low water use approaches to landscaping such as
using native plants.
2. Information shall be provided about designing, installing, managing, and maintaining
water efficient landscapes.
Section 4. Chapter 15.18 of the Municipal Code is hereby repealed.
Section 5. If any section, subsection, sentence, clause, phrase or word of this ordinance is for
any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent
jurisdiction or preempted by state legislation, such decision or legislation shall not affect the
validity of the remaining portions of this ordinance. The City Council of the City of Petaluma
hereby declares that it would have passed and adopted this ordinance and each and all provisions
thereof irrespective of the fact that any one or more of said provisions be declared
unconstitutional, unlawful or otherwise invalid.
Section 6. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 7. Publication.
The City Clerk is hereby directed to post and /or publish this ordinance or a
synopsis of it for the period and in the manner required by the City Charter.
23