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HomeMy WebLinkAboutOrd 06-18 Adopting a New Chapter 8.88 Relating to Water-Efficient Landscaping Regulations • ORDINANCE NO. 06 — 18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * ** * * * * * * * DELETING DUBLIN MUNICIPAL CODE CHAPTER 8.88 RELATING TO WATER-EFFICIENT LANDSCAPING REGULATIONS AND ADOPTING A NEW CHAPTER 8.88 RELATING TO WATER-EFFICIENT LANDSCAPING REGULATIONS The City Council of the City of Dublin does hereby ordain as follows: Section 1: Section 8.88 of the Dublin Municipal Code is hereby deleted in its entirety. Section 2: A new Section 8.88 is hereby added to the Dublin Municipal Code to read as follows: CHAPTER 8.88 WATER-EFFICIENT LANDSCAPING REGULATIONS 8.88.010 Purpose. The purpose of this Chapter is to establish regulations that promote water conservation and efficient water use within landscape areas consistent with the State Model Water Efficient Landscape Ordinance. 8.88.020 Applicability. A. The requirements of this Chapter shall apply to all of the following landscape projects: 1. New construction projects with an aggregate landscape area equal to or greater than 500 square feet requiring a Site Development Review Permit or Building Permit. 2. Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet requiring a Site Development Review Permit or Building Permit. 3. Existing landscapes limited to Sections 8.88.180. 4. Cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to Sections 8.88.050, 8.88.120 and 8.88.130 and existing cemeteries are limited to Sections 8.88.180. B. Any project with an aggregate landscape area of 2,500 square feet or less requiring a Site Development Review Permit or Building Permit may comply with the performance requirements of this Ordinance or conform to the alternative prescriptive measures contained in Section 8.88.190. C. 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 the lot or parcel's landscape water requirements (Estimated Total Water Use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to the alternative prescriptive measures contained in Section 8.88.190. D. This Chapter does not apply to: Ord No. 06-18, Adopted 9/18/2018, Item No. 4.7 Page 1 of 22 1. Registered local, state or federal historical sites; 2. Ecological restoration projects that do not require a permanent irrigation system; or 3. Plant collections, as part of botanical gardens and arboretums open to the public. 8.88.030 Definitions. The terms used in this Chapter have the meaning set forth below: A. Applied Water. The term Applied water shall mean the portion of water supplied by the irrigation system to the landscape. B. Automatic Irrigation Controller. The term Automatic Irrigation Controller shall mean 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 date. C. Backflow Prevention Device. The term Backflow Prevention Device shall mean a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. D. Bubbler. The term Bubbler shall mean an emission device that delivers water from the system to the soil with one or more streams with a radius of throw 12 inches or less. E. Certificate of Completion. The term Certificate of Completion shall mean the documentation required under Section 8.88.100. F. Certified Irrigation Designer. The term Certified Irrigation Designer shall mean 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. G. Certified Landscape Irrigation Auditor. The term Certified Landscape Irrigation Auditor shall mean 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. H. Check Valve or Anti-Drain Valve. The term Check Valve or Anti-drain Valve shall mean 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. City. The term City shall mean the area within the territorial city limits of the city of Dublin. J. Common Interest Developments. The term Common Interest Developments shall mean community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351. K. Compost. The term Compost shall mean the safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth. Ord No. 06-18, Adopted 9/18/2018, Item No. 4.7 Page 2 of 22 L. Conversion Factor (0.62). The term Conversion Factor (0.62) shall mean the number that converts acre-inches per acre per year to gallons per foot per year. M. Distribution Uniformity. The term Distribution Uniformity shall mean the measure of the uniformity of irrigation water over a defined area. N. Drip Irrigation. The term Drip Irrigation shall mean 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. O. Drip Irrigation Operation Indicator. The term Drip Irrigation operation indicator shall mean any device that provides clear visual indication of drip system operation. P. Ecological Restoration Project. The term Ecological Restoration Project shall mean a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. Q. Emission Device. The term Emission Device shall mean an irrigation component used to delivers water at a specific rate such as a bubbler, emitter or overhead sprinkler as defined in this Section. R. Emitter. The term Emitter shall mean a drip irrigation emission device that delivers water slowly from the system to the soil. S. Established Landscape. The term Established Landscape shall mean 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. T. Establishment Period of the Plants. The term Establishment Period of the Plants shall mean the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. Native habitat mitigation areas and trees may need three to five years for establishment. U. Estimated Total Water Use (ETWU). The term Estimated Total Water Use (ETWU) shall mean the total water used for the landscape. V. ET Adjustment Factor (ETAF). The term ET Adjustment Factor (ETAF) shall mean a coefficient that adjusts reference evapotranspiration (ETo) values based on the plant factor and irrigation efficiency and is used to calculate the maximum amount of water that can be applied to a landscape. W. Evapotranspiration Rate. The term Evapotranspiration Rate shall mean the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. X. Flow Rate. The term Flow Rate shall mean 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. Ord No. 06-18, Adopted 9/18/2018, Item No. 4.7 Page 3 of 22 Y. Flow Sensor. The term Flow Sensor shall mean an inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Z. Friable. The term Friable shall mean 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. AA. Graywater. The term Graywater shall mean 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. Health and Safety Code Section 17922.12. BB. Hardscapes. The term Hardscapes shall mean any durable material (pervious and non- pervious). CC. Hydrozone. The term Hydrozone shall mean a portion of the landscaped area having plants with similar water needs and rooting depth. A hydrozone may be irrigated or non-irrigated. DD. Infiltration Rate. The term Infiltration Rate shall mean the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour). EE. Invasive Plan Species. The term Invasive Plant Species shall mean 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. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database. FF. Irrigation Audit. The term Irrigation Audit shall mean an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. GG. Irrigation Efficiency (IE). The term Irrigation Efficiency shall mean 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. HH. Irrigation Survey. The term Irrigation Survey shall mean an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system. II. Irrigation Water Use Analysis. The term Irrigation Water Use Analysis shall mean an analysis of water use data based on meter readings and billing data. JJ. Landfill Diversion. The term Landfill Diversion shall mean construction waste materials that were diverted, whether construction waste materials were sorted on site (source separated) or bulk mixed (single stream), diversion facilities where collected construction waste materials were taken and the amount of construction waste materials diverted in tons. Plant debris is banned from landfills in Alameda County. Ord No. 06-18, Adopted 9/18/2018, Item No. 4.7 Page 4 of 22 KK. Landscape Architect. The term Landscape Architect shall mean a person who holds a license to practice landscape architecture in the state of California Business and Professions Code, Section 5615. LL. Landscape Area. The term Landscape Area shall mean 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). MM. Landscape Contractor. The term Landscape Contractor shall mean a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems. NN. Landscape Project. The term Landscape Project shall mean total area of landscape in a project as defined in "Landscape Area" and subject to the Ordinance. 00. Landscape Water Meter. The term Landscape Water Meter shall mean 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. PP. Lateral Line. The term Lateral Line shall mean the water delivery pipeline that supplies water to the emission device from the valve. QQ. Low Volume Irrigation. The term Low Volume Irrigation shall mean the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emission devices 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. RR. Main Line. The term Main Line shall mean the pressurized pipeline that delivers water from the water source to the valve or outlet. SS. Master Shut-off Valve. The term Master Shut-off Valve shall mean 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. TT. Maximum Applied Water Allowance (MAWA). The term Maximum Applied Water Allowance (MAWA) shall mean the upper limit of annual applied water for the established landscaped area as specified in Section 8.88.050. 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. UU. Median. The term Median shall mean an area between opposing lanes of traffic that may be unplanted or planted. VV. Microclimate. The term Microclimate shall mean 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. Ord No. 06-18, Adopted 9/18/2018, Item No. 4.7 Page 5 of 22 WW. Mulch. The term Mulch shall mean any organic material such as leaves, arbor or wood chips, recycled wood waste, 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. XX. New Construction. The term New Construction shall mean a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building. YY. Non-residential Landscape. The term Non-residential Landscape shall mean landscapes in multifamily developments (five or more units), 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. ZZ. Operating Pressure. The term Operating Pressure shall mean the pressure at which the parts of an irrigation system are designed by the manufacturer to operate. AAA. Overhead Sprinkler Irrigation System or Overhead Spray Irrigation Systems. The term Overhead Sprinkler Irrigation System or Overhead Spray Irrigation System shall mean systems that deliver water through the air(e.g., spray heads and rotors). BBB. Overspray. The term Overspray shall mean the irrigation water which is delivered beyond the target area. CCC. Parkway. The term Parkway shall mean the area between a sidewalk and the curb or traffic lane. It may be planted or unplanted, and with or without pedestrian egress. DDD. Pervious. The term Pervious shall mean any surface or material that allows the passage of water through the material and into the underlying soil. EEE. Plant Factor or Plant Water Use Factor. The term Plant Factor or Plant Water Use Factor shall mean a factor, when multiplied by ETo, estimates the amount of water needed by plants. FFF. Project Applicant. The term Project Applicant shall mean the individual or entity submitting a Landscape Documentation Package required under Section 8.88.040, to request a Site Development Review Permit or Building Permit from the City. A project Applicant may be the property owner or his or her designee. GGG. Rain Sensor or Rain Sensing Shutoff Device. The term Rain Sensor or Rain Sensing Shutoff Device shall mean a component which automatically suspends an irrigation event when it rains. HHH. Record Drawing or As-builts. The term Record Drawing or As-builts shall mean 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. Ord No. 06-18, Adopted 9/18/2018, Item No. 4.7 Page 6 of 22 III. Recreational Area. The term Recreational Area shall mean areas, excluding private single family residential areas, designated for active play, recreation or public assembly in parks, sports fields, picnic grounds, pools or spas, amphitheaters or golf course tees, fairways, roughs, surrounds and greens. JJJ. Recycled Water, Reclaimed Water, or Treated Sewage Effluent Water. The term Recycled Water, Reclaimed Water, or Treated Effluent Water shall mean treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. KKK. Reference Evapotranspiration or ETO. The term Reference Evapotranspiration or ETO shall mean 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. LLL. Rehabilitated Landscape.. The term Rehabilitated Landscape shall mean any re-landscaping with an aggregate landscape area equal to or greater than 2,500 square feet that requires a Site Development Review Permit or Building Permit. MMM. Residential Landscape. The term Residential Landscape shall mean landscapes surrounding single or multifamily homes with four or less units. NNN. Runoff. The term Runoff shall mean water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. 000. Sheet Mulching. The term Sheet Mulching shall mean a layering system of cardboard, compost and mulch or other materials to enhance weed suppression and provide soil building benefits. PPP. Soil Management Report. The term Soil Management Report shall mean the analysis of the soil type and infiltration rate, and the recommendations of type and quantity of soil amendments and means of incorporating into the site soil prior to planting to reduce runoff and encourage healthy plant growth. QQQ. Soil Moisture. The term Soil Moisture shall mean "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. RRR. Soil Texture. The term Soil Texture shall mean the classification of soil based on its percentage of sand, silt, and clay. SSS. Special Landscape Area (SLA). The term Special Landscape Area (SLA) shall mean an area of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water, or water features using recycled water. TTT. Sprinkler Head or Spray Head. The term Sprinkler Head or Spray Head shall mean a device which delivers water through a nozzle. Ord No. 06-18, Adopted 9/18/2018, Item No. 4.7 Page 7 of 22 UUU. Static Water Pressure. The term Static Water Pressure shall mean the pipeline or municipal water supply pressure when water is not flowing. VVV. Station. The term Station shall mean an area served by one valve or by a set of valves that operate simultaneously. WWW. Subsurface Irrigation. The term Subsurface Irrigation shall mean irrigation placed either under the soil or under the mulch on top of the soil. XXX. Swing Joint. The term Swing Joint shall mean 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. YYY. Submeter. The term Submeter shall mean a metering device to measure water applied to the landscape that is installed after the primary utility water meter. ZZZ. Turf. The term Turf shall mean a ground cover surface of mowed grass. AAAA. Valve. The term Valve shall mean a device used to control the flow of water in the irrigation system. BBBB. Water Conserving Plant Species. The term Water Conserving Plant Species shall mean a plant species identified as having a very low or low plant factor. CCCC. Water District. The term Water District shall mean the Dublin San Ramon Services District (DSRSD). DDDD. Water Feature. The term Water Feature shall mean 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). 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, shall not be subject to the water budget calculation. EEEE. Watering Window. The term Watering Window shall mean the time of day irrigation is allowed. FFFF. Wildfire Management Plan. The term Wildfire Management Plan shall mean guidelines from the Alameda County Fire Bureau to assist residents and businesses that are developing land or building structures in a fire hazard severity zone. GGGG. WUCOLS. The term WUCOLS shall mean the Water Use Classification of Landscape Species published by the University of California Cooperative Extension and the Department of Water Resources. 8.88.040 Elements of the Landscape Documentation Package. A. The Landscape Documentation Package shall include the following six (6) elements: Ord No. 06-18, Adopted 9/18/2018, Item No. 4.7 Page 8 of 22 1. Project information; a. Date of landscape plan submittal 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 water purveyor if 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 i. Applicant signature and date with statement, "I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Documentation Package". 2. Water Efficient Landscape Worksheet on the form or format provided by the Community Development Department; 3. Soil management report; 4. Landscape design plan; 5. Irrigation design plan; and 6. Grading design plan. 8.88.050 Water Efficient Landscape Worksheet. A. A project Applicant shall submit a Water Efficient Landscape Worksheet in a format provided by the Community Development Director which adheres to the following: 1. The Evapotranspiration Adjustment Factor (ETAF) for the landscape project shall not exceed a factor of 0.55 for residential areas, 0.45 for non-residential areas, and 1.0 for Special Landscape Areas. 2. The Estimated Total Water Use (ETWU) is calculated based on the plants used and the irrigation method selected. 3. An ETo value of 46.2 (City of Pleasanton Reference ETo as shown in the State Model Ordinance) shall be used to calculate the Maximum Applied Water Allowance (MAWA) and the Estimated Total Water Use 4. ETWU must be below the MAWA. B. Water Budget Calculations shall adhere to the following requirements: 1. The plant factor used shall be from the most current edition of WUCOLS or published plant reference book 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. 2. Published plant reference books may include but are not limited to the following: a. California Native Plants for the Garden, Carol Bornstein, David Fross and Bart O'Brien, Cachuma Press, 2005. (CNP) b. Plants and Landscapes for Summer-Dry Climates, Nora Harlow (ed.), East Bay Municipal Utility District, 2004. (EBMUD) c. Landscape Plants for California Gardens, Robert C. Perry, Land Design Publisher, 2010. Ord No. 06-18, Adopted 9/18/2018, Item No. 4.7 Page 9 of 22 d. Sunset Western Garden Book, editors of Sunset Magazine, Oxmoor House, 2012. e. University of California Division of Agriculture and Natural Resources, Water Use Classification of Landscape Species (WUCOLS IV), www.ucanr.edu/sites/WUCOLS. 3. 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. 4. All Special Landscape Areas shall be identified and their water use calculated. 5. ETAF for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0. 8.88.060 Soils Management Report. A. In order to reduce runoff and encourage healthy plant growth, a soil management 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: 1. Soil texture. 2. Infiltration rate determined by laboratory test or soil texture infiltration rate table. 3. pH. 4. Total soluble salts. 5. Sodium. • 6. Percent organic matter. 7. Recommendations for amending the soil with compost to bring the soil organic matter to a minimum of 6% by dry weight and incorporating organic fertilizers to recommended levels for planting areas. Acceptable organic fertilizers and amendment products are those allowed for use in crop production by at least one of the following: • Organic Materials Review Institute's Generic Materials List • California Department of Food and Agriculture's Organic Input Materials Program • U.S. Department of Agriculture's National Organic Program 2. The project Applicant, or his/her designee, shall comply with one of the following: a. If significant mass grading is not planned, the soil management report shall be submitted as part of the Landscape Documentation Package; or b. If significant mass grading is planned, the soil management report shall be submitted as part of the Certificate of Completion. 3. Documentation verifying implementation of soil management report recommendations shall be submitted with the Certificate of Completion. 8.88.070 Landscape Design Plan. A. For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project and meet the following design criteria. A Landscape Design Ord No. 06-18, Adopted 9/18/2018, Item No. 4.7 Page 10 of 22 Plan meeting the following design criteria shall be submitted to the City as part of the Landscape Documentation Package. 1. Plant Material a. The Estimated Total Water Use of selected plants in the landscape area shall not exceed the Maximum Applied Water Allowance. Methods to achieve water efficiency shall include one or more of the following: 1. Protection and preservation of native species and natural vegetation. 2. Selection of water-conserving plant and turf species, especially local native plants. 3. Selection of plants based on local climate suitability, disease and pest resistance. 4. Selection of trees based on applicable tree ordinances or tree shading guidelines and size and maturity as appropriate for the planting area. 5. Selection of plants from local and regional landscape program plant lists. 6. Selection of plants consistent with Wildfire Management Plan. b. 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 8.88.080.A.2.e. c. 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 or more of the following: 1. 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. 2. 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. 3. Consider the solar orientation for plant placement to maximize summer shade and winter solar gain. d. Turf is not allowed on slopes greater than 25% where the toe of the slope is adjacent to an impervious hardscape. e. Turf is not allowed in multifamily and non-residential areas unless it is a recreational area. Turf is allowed in single family residential areas as long as the water budget is met. f. High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians. g. 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 Section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches as listed in the Wildfire Management Plan or other applicable local ordinances. h. The use of invasive and/or noxious plant species, such as those listed by the California Invasive Plant Council, are prohibited. 2. Water Features a. Recirculating water systems shall be used for water features. b. Where available, recycled water shall be used as a source for decorative water features. c. Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation. Ord No. 06-18, Adopted 9/18/2018, Item No. 4.7 Page 11 of 22 3. Soil Preparation, Mulch and Amendments a. Prior to the planting of any materials, compacted soil shall be transformed to a friable condition. On engineered slopes, only amended planting holes need to meet this requirement. b. Soil amendments shall be incorporated according to recommendations of the soil management report and what is appropriate for the plants selected. c. For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of pervious area shall be incorporated to a depth of six inches into the soil. Soils with greater than 6% organic matter in the top 6 inches of soil are exempt from adding compost and tilling. Organic matter must be confirmed by an accredited soil testing laboratory. Projects that incorporate sheet mulching may choose to install the compost above the cardboard layer instead of tilling it into the soil. Projects that are sheet mulching lawn in place are exempt from the tilling requirement. d. A minimum three inch (3") layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, areas receiving closely spaced plugs as a lawn alternative or direct seeding applications where mulch is not desirable. 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. e. Stabilizing mulching products shall be used on slopes that meet current engineering standards. f. The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement. g. Organic mulch materials made from recycled or post-consumer products 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 prohibited by the Wildfire Management Plan or other applicable local ordinances. B. The landscape design plan, at a minimum, shall: 1. Include Project Information as provided in Section 8.88.040.A. 2. Delineate and label each hydrozone by number, letter, or other method. 3. Identify the following: a. 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. b. Recreational areas. c. Areas permanently and solely dedicated to edible plants. d. Areas irrigated with recycled water. e. Type of mulch and application depth. f. Soil amendments, type, and quantity. g. Type and surface area of water features. h. Hardscapes (pervious and non-pervious). i. Location, installation details, and 24-hour retention or infiltration capacity of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Project Applicants shall refer to the City of Dublin or regional Water Quality Control Board for information on any applicable stormwater Ord No. 06-18, Adopted 9/18/2018, Item No. 4.7 Page 12 of 22 technical requirements. Stormwater best management practices are encouraged in the landscape design plan and examples are provided in Section 8.88.170. j. Any applicable rain harvesting or catchment technologies (e.g., rain gardens, cisterns, etc.) and their 24-hour retention or infiltration capacity. k. Identify landfill diversion verification requirement that the landscape contractor shall be required to submit in Certificate of Completion. 4. Contain the following statement: "The landscape design plan complies with Dublin Municipal Code Chapter 8.88 for the efficient use of water." 5. Bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. 8.88.080 Irrigation Design Plan. A. This section applies to landscaped areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period. 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. 1. System. a. A dedicated water service meter for landscape irrigation shall be installed for all irrigated landscapes, except for single-family residential connections which are exempt from this requirement. A landscape water meter shall be a separate submeter or metering device for outdoor potable water use for the landscape. b. 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. c. If the water pressure is below or exceeds the recommended pressure of the specified irrigation devices, the installation of a pressure regulating device is required to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance. 1. If the static pressure is above or below the required dynamic pressure of the irrigation system, 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. 2. 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. d. 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. e. 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 or routine repair. f. Backflow prevention devices shall be required to protect the potable water supply from contamination by the irrigation system. Ord No. 06-18, Adopted 9/18/2018, Item No. 4.7 Page 13 of 22 g. Flow sensors that detect high flow conditions created by system damage or malfunctions are required for all non-residential landscapes and residential landscapes of 5,000 square feet or larger. h. 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. is 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. j. Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems. k. The design of the irrigation system shall conform to the hydrozones of the landscape design plan. I. The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria regarding the Maximum Applied Water Allowance. m. 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. n. The project Applicant shall inquire with the Water District about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system. o. Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations. p. Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations. q. Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to hardscapes or in high traffic areas on turfgrass. r. Check valves or anti-drain valves are required on all emission devices where low point drainage could occur. s. Drip irrigation operation indicators are required for all low volume and drip irrigation systems. t. Bubblers shall not exceed maximum 0.25 gallons per minute. u. 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. v. No obstruction of overhead irrigation, by mature size of plant material, shall be clearly demonstrated as part of the Landscape Documentation Package. w. Overhead irrigation shall not be permitted within 24 inches of any impervious surface. Allowable irrigation within the setback from impervious surfaces may include drip, drip line, or other low flow non-spray technology. These restrictions may be modified if: 1. The landscape area is adjacent to pervious surfacing; or 2. The adjacent impervious surfaces are designed and constructed to drain entirely to landscaping. 3. The irrigation designer specifies an alternative design or technology as part of the Landscape Design Documentation Package, and clearly demonstrates strict Ord No. 06-18, Adopted 9/18/2018, Item No. 4.7 Page 14 of 22 adherence to irrigation system design criteria in Section 8.88.080.A.1.i. Prevention of overspray and runoff must be confirmed during the irrigation audit. x. Slopes greater than 25% shall not be irrigation with an irrigation system with an application rate exceeding 0.75 inchers per hour. 2. Hydrozone a. Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use. b. Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone. c. Trees shall be placed on separate valves from shrubs, groundcovers, and turf to facilitate the appropriate irrigation for trees. The mature size and extent of the root zone shall be considered when designing the irrigation for the tree. d. Plants in biotreatment soils shall be on a separate valve. e. Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if: 1. plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or 2. the plant factor of the higher water using plant is used for calculations. f. Individual hydrozones that mix high and low water use plants shall not be permitted. g. Hydrozone areas shall be designated by number, letter, or other designation on the landscape plan and irrigation plan. Designate the areas irrigated by each valve, and assign a number to each valve on the irrigation design plan. B. The irrigation design plan, at a minimum shall contain: 1. Location and size of any landscape water meters. 2. Location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices. 3. Static water pressure at the point of connection to the public water supply. 4. Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station (valve). 5. Recycled water irrigation systems as specified in Section 8.88.150. 6. The following statement: "This irrigation design plan complies with the criteria of Dublin Municipal Code Chapter 8.88 for efficient use of water." 7. The signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. 8.88.090 Grading Design Plan. A. For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan shall be submitted as part of the Landscape Documentation Package. A comprehensive grading plan prepared by a civil engineer for other City permits satisfies this requirement. Ord No. 06-18, Adopted 9/18/2018, Item No. 4.7 Page 15 of 22 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. 8.88.100 Certificate of Completion. A. The Certificate of Completion shall be submitted by the Applicant to the City for review on forms provided by the City prior to project sign-off or acceptance. Final occupancy shall not be granted until the Certificate of Completion is approved by the Community Development Department. B. The Certificate of Completion shall include the following: 1. Project information sheet. 2. 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. a. Where there have been significant changes made in the field during construction, these "as-built" or record drawings shall be included with the certification. b. A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes. 3. Irrigation scheduling parameters used to set the controller. 4. Landscape and irrigation maintenance schedule. 5. Irrigation audit report. 6. Soil management report, if not submitted with Landscape Documentation Package and documentation verifying implementation of soil report recommendations. 7. Landfill diversion verification. C. The project Applicant shall: 1. Submit the signed Certificate of Completion to the City for review. 2. Submit the approved Certificate of Completion to the Water District. Ord No. 06-18, Adopted 9/18/2018, Item No. 4.7 Page 16 of 22 8.88.110 Irrigation Scheduling. A. For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria: 1. Irrigation scheduling shall be regulated by automatic irrigation controllers. 2. Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the Water District, 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. Irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data to apply water and meet the Estimated Total Water Use. Total annual applied water shall be less than or equal to Maximum Applied Water Allowance (MAWA). 4. Parameters used to set the automatic controller shall be developed and submitted for each of the following: a. The plant establishment period; b. The established landscape; and c. Temporarily irrigated areas. 5. Each irrigation schedule shall consider for each station all of the following that apply: a. Irrigation interval (days between irrigation); b. Irrigation run times (hours or minutes per irrigation event to avoid runoff); c. Number of cycle starts required for each irrigation event to avoid runoff; d. Amount of applied water scheduled to be applied on a monthly basis; e. Application rate setting; f. Root depth setting; g. Plant type setting; h. Soil type; i. Slope factor setting; j. Shade factor setting; and k. Irrigation uniformity or efficiency setting. 8.88.120 Landscape and Irrigation Maintenance Schedule. A. The Applicant's regular maintenance schedule shall be submitted with the Certificate of Completion to ensure water efficiency. B. The maintenance 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 obstruction to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. C. Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or better to achieve the desired uniformity and distribution rates. Ord No. 06-18, Adopted 9/18/2018, Item No. 4.7 Page 17 of 22 D. A project Applicant is encouraged to implement sustainable or environmentally-friendly practices for overall landscape maintenance. 8.88.130 Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis. A. It shall be the Applicant's responsibility to ensure irrigation audits are performed as required. The Applicant may be required to analyze irrigation water use and conduct irrigation surveys for compliance with the Maximum Applied Water Allowance. Said landscape audits and surveys shall be commissioned and paid for by the Applicant. B. All landscape irrigation audits shall be conducted by a third party certified landscape irrigation auditor. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape. C. In projects with multiple landscape installations (i.e. production home developments) an auditing rate of 1 in 7 lots or approximately 15% will satisfy this requirement. The irrigation audits are the sole responsibility of the developer. D. For new construction and rehabilitated landscape projects installed after December 1, 2015: 1. The irrigation audit shall include, but is not limited to: inspection, system tune-up, system test with distribution uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure and any other factors necessary for accurate programming. 8.88.140 Irrigation Efficiency. A. The purpose of determining Estimated Total Water Use, average irrigation efficiency is assumed to be 0.75 for overhead spray devices and 0.81 for drip system devices. 8.88.150 Recycled Water. A. The installation of irrigation systems shall allow for the current and future use of recycled water, unless the project is located in an area in which recycled water is unavailable and will not be available for the foreseeable future, or a written exemption has been granted by the Water District. The Applicant shall conform to the provisions of the Water District Code, Section 4.30; Standard Procedures, and Specifications and Drawings, Section IV Recycled Water System Requirements; and Recycled Water Use Guidelines, as those provisions are amended from time to time. B. Decorative water features shall use recycled water unless a written exemption has been granted by the Water District stating that recycled water meeting all public health codes and standards is not available and will not be available for the foreseeable future. C. Landscapes using recycled water are considered Special Landscape Areas. The ET Adjustment Factor for Special Landscape Areas (recycled water use areas) shall not exceed 1.0, or whichever is lower within the Water District's Code or Use Guidelines. 8.88.160 Graywater Systems. Ord No. 06-18, Adopted 9/18/2018, Item No. 4.7 Page 18 of 22 A. Graywater systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable local ordinance standards. Refer to § 490.1 (d) for the applicability of this ordinance to landscape areas less than 2,500 square feet with the Estimated Total Water Use met entirely by graywater. B. Graywater systems shall not be interconnected with the domestic water system. C. Applicants shall obtain a construction permit from the Water District for the installation of all graywater systems. D. An approved backflow prevention assembly shall be installed on the domestic water system, downstream of the domestic water meter. 8.88.170 Stormwater Management and Rainwater Retention. A. Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Including stormwater best management practices into landscape and grading design plans to minimize runoff and to increase on-site rainwater retention and infiltration are encouraged. B. Project Applicants shall refer to City of Dublin's Stormwater Management and Discharge Control Ordinance (Chapter 7.74) and the San Francisco Bay Regional Water Quality Control Board Municipal Regional Stormwater NPDES Permit for information on any applicable stormwater regulatory requirements. C. All planted landscape areas are required to have friable soil to maximize water retention and infiltration. D. It is recommended that projects incorporate any of the following elements to improve on-site storm water and dry weather runoff capture and use: 1. Grade impervious surfaces, such as driveways, to drain to vegetated areas. 2. Minimize the area of impervious surfaces such as paved areas, roof and concrete driveways. 3. Incorporate pervious or porous surfaces (e.g., gravel, permeable pavers or blocks, pervious or porous concrete) that minimize runoff. 4. Direct runoff from paved surfaces and roof areas into planting beds or landscaped areas to maximize site water capture and reuse. 5. Incorporate rain gardens, rain barrels, and other rain harvesting or catchment systems. 6. Incorporate infiltration beds, swales, or basins to capture storm water and dry weather runoff and increase percolation into the soil. 7. Rainwater catchment systems cannot be connected with the domestic water system. Ord No. 06-18, Adopted 9/18/2018, Item No. 4.7 Page 19 of 22 8. Applicants shall contact the Water District to determine if a permit is required for the installation of the rainwater catchment system. 8.88.180 Existing Landscapes A. This section shall apply to all existing landscapes that were installed before December 1, 2015 and are over an acre in size. 1. For all landscapes that have a landscape water meter, the City may require, 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 landscapes shall be calculated as: MAWA = (0.8) (ETo)(LA)(0.62). 2. For all landscapes that do not have a landscape water meter, the City may require, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste. B. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. 8.88.190 Alternative Prescriptive Compliance Option A. This appendix contains prescriptive requirements which may be used as a compliance option to Ordinance 8.88. B. Compliance with the following items is mandatory and must be documented on a landscape plan in order to use the prescriptive compliance option: 1. Submit a Landscape Documentation Package which includes the following elements: b. Date c. Project Applicant d. Project address (if available, parcel and/or lot number(s)) e. Total landscape area (square feet), including a breakdown of turf and plant material 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. Contact information for the project Applicant and property owner i. Applicant signature and date with statement, "I agree to comply with the requirements of the prescriptive compliance option to the MWELO". 2. Incorporate compost at a rate of at least four cubic yards per 1,000 square feet to a depth of six inches into landscape area(unless contra-indicated by a soil test); 3. Plant material shall comply with all of the following: a. For residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for 75% 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 Ord No. 06-18, Adopted 9/18/2018, Item No. 4.7 Page 20 of 22 WUCOLS plant factor 0.3) for 100% of the plant area excluding edibles and areas using recycled water. b. At a minimum it is required that Species listed in the California Invasive Plant Council's Don't Plant a Pest brochure as invasive in the project's region are not installed. c. 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 areas receiving closely spaced plugs as a lawn alternative, or direct seeding applications where mulch is contraindicated. 4. Turf shall comply with all of the following: a. Turf shall not exceed 25% of the landscape area in residential areas, and there shall be no turf in non-residential areas. b. 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; c. 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 that creates no overspray or runoff. 5. Irrigation systems shall comply with all of the following: a. Automatic irrigation controllers are required and must use evapotranspiration or soil moisture sensor data and utilize a rain sensor. b. Irrigation controllers shall be of a type which does not lose programming data in the event the primary power source is interrupted. c. Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure of the system is within the manufacturers recommended pressure range. d. 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. e. 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. f. 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. 6. For non-residential projects with landscape areas of 1,000 sq. ft. or more, a private submeter(s) to measure landscape water use shall be installed. 7. Alameda County law prohibits disposal of plant debris in county landfills. Plant debris shall be separated from other waste materials and dropped off at facilities with clean green processing for compost or put in green plant debris carts. ACWMA Plant Debris Landfill Ban Ordinance 2008-01 requires landscape professionals to separate all plant debris from garbage. (Source: http://www.recyclingrulesac.orq/docs/Landfill-Ban-WMA- O rd i n a n ce2 008-01.pdf) 8. 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. Ord No. 06-18, Adopted 9/18/2018, Item No. 4.7 Page 21 of 22 Section 3. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 4. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 5. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this 18th day of September 2018, by the following vote: AYES: Councilmembers Goel, Gupta, Hernandez, Thalblum and Mayor Haubert NOES: ABSENT: ABSTAIN: '1\r/ Mayor ATTEST: k City Clerk Ord No. 06-18, Adopted 9/18/2018, Item No. 4.7 Page 22 of 22