ORD 614 ORDINANCE NO. 614
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES TO
REPEAL AND REPLACE MUNICIPAL CODE CHAPTER 15.34 TO
IMPLEMENT THE STATE OF CALIFORNIA'S REQUIREMENTS FOR
WATER EFFICIENT LANDSCAPING.
WHEREAS, the waters of the State of California are of limited supply and are subject to
increasing demands; and
WHEREAS, it is the policy of the State of California and of the City of Rancho Palos Verdes
to promote the conservation and efficient use of water and to prevent the waste of this valuable
resource; and
WHEREAS, the City of Rancho Palos Verdes is a unique, well-established residential
community where development consists predominantly of single-family residential homes; and
WHEREAS, the Governor's Drought Executive Order of April 1, 2015 directed the
California Department of Water Resources to update the State's Model Water Efficient Landscape
Ordinance; and
WHEREAS, the Department of Water Resources approved the revised Model Water
Efficient Landscape Ordinance in 2015; and
WHEREAS, California law requires each city to revise their existing water efficient
landscaping ordinance to meet updated statutory requirements, or the city will be deemed to have
adopted the revised model ordinance drafted by the California Department of Water Resources;
and
WHEREAS, the City of Rancho Palos Verdes' water efficient landscaping ordinance,
codified in Chapter 15.34 of the Rancho Palos Verdes Municipal Code, must be updated to
conform to the revised model ordinance requirements set forth in Title 23 of the California Code
of Regulations Section 490, et seq.; and
WHEREAS, the City Council has directed that Chapter 15.34 be amended to reflect the
current statutory requirements; and
WHEREAS, the water efficient landscaping standards adopted herein serve to advance
the foregoing goals, advance the goal of conserving water and further public health, safety and
welfare; and
WHEREAS, the City Council finds and determines that the water efficient landscape
ordinance herein adopted is at least as effective in conserving water as the California Department
of Water Resources' updated Model Water Efficient Landscape Ordinance, and is reasonably
necessary based on the climate, geology, topography and/or environmental conditions in the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 15.34 of Title 15 of the Rancho Palos Verdes Municipal Code is
being repealed and replaced to read as follows:
"CHAPTER 15.34"
WATER EFFICIENT LANDSCAPING
SECTION:
15.34.010 Purpose
15.34.020 Definitions
15.34.030 Applicability
15.34.040 Administration, Enforcement and Landscape Regulations
15.34.050 Compliance Requirements
15.34.060 Water Budget Calculations
15.34.070 Exceptions
15.30.080 Submittals
15.34.090 Landscape Water Conservation Design Standards
15.34.100 Administration and Appeal Process
15.34.110 Penalties
15.34.120 Annual Reporting
15.34.010 Purpose.
It is the policy of the City of Rancho Palos Verdes (City) to promote water conservation.
The landscape water conservation standards detailed in this chapter are intended to promote
water conservation, while allowing the maximum possible flexibility in designing healthy,
attractive, and cost-effective water efficient landscapes.
15.34.020 Definitions.
"Applicant" means the person or entity submitting a Landscape Documentation Package.
An Applicant may include the property owner and/or an agent of the owner.
"Applied Water" means the portion of water supplied by an irrigation system to a
landscape.
"Certificate of Completion" means the final document submitted to the City which contains
irrigation scheduling parameters, a landscape and irrigation maintenance schedule, an irrigation
audit report, and a soil analysis report, which has been certified 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.
"Director" means the Director of Community Development.
"Estimated Total Water Use" means the estimated total water use in gallons per year for
a Landscape Area, calculated by summing the estimated water use for each Hydrozone as
described in the Water Budget Calculations.
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"Evapotranspiration" means the approximate summation of water loss through
evaporation from soil and transpiration from the plants during a specified period of time.
"Evapotranspiration Adjustment Factor" 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 Evapotranspiration Adjustment Factor for new and existing
(non-rehabilitated) Special Landscape Areas shall not exceed 1.0. The Evapotranspiration
Adjustment Factor for existing non-rehabilitated landscapes is 0.8.
"Hardscapes" means any durable material or feature (pervious and nonpervious) installed
in or around a Landscape Area, such as pavements or walls.
"Hydrozone" means a portion of a Landscape Area having plants with similar water needs.
A Hydrozone may be irrigated or nonirrigated, and if irrigated the Hydrozone may be served by
an irrigation valve or set of valves with the same schedule.
"Irrigation Efficiency" 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. Irrigation Efficiency for
purposes of this Chapter is 0.75 for overhead spray devices and 0.81 for drip systems.
"Landscape Area" means all new or altered landscaping areas proposed as part of a
development project. Landscape Area shall include the planting areas, turf areas, water features,
and design features as allowed in Section 15.34.090(A)(11). The Landscape Area does not
include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios,
gravel or stone walks, hardscapes, and other non-irrigated areas designated for non-development
(e.g., open spaces and existing native vegetation).
"Landscape Documentation Package" means the documents required under Section
15.34.080 required to be submitted to the Director for review and approval.
"Landscape Regulations" refers to the Landscape Regulations for the Implementation of
the City of Rancho Palos Verdes Water Efficient Landscape Ordinance prepared by the Director
of Community Development describing the procedures, calculations, forms and other
requirements for landscape projects subject to this Chapter.
"Maximum Applied Water Allowance" means the maximum annual gallons per year of
water allowed for a Landscape Area, calculated as described in the Water Budget Calculations.
"Water Efficient Landscape Permit" means an authorizing document issued to an
Applicant by the Director upon approval of the Applicant's Landscape Documentation Package.
"Plant Factor" means a factor that when multiplied by the Reference Evapotranspiration,
estimates the amount of water used by a given plant species. For purposes of this Chapter, the
Plant Factor range for Very Low Water Use Plants is 0 to 0.1, the Plant Factor range for Low
Water Use Plants is 0.1 to 0.3, the Plant Factor range for Moderate Water Use Plants is 0.4 to
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0.6, and the Plant Factor range for High Water Use Plants is 0.7 to 1.0. Plant Factors used in this
Chapter are derived from Water Use Classification of Landscape Species.
"Reference Evapotranspiration" means a standard measurement of environmental
parameters which affect the water use of plants. Reference Evapotranspiration is expressed in
inches for purposes of this Chapter and is an estimate of the Evapotranspiration per year from a
large field of four to seven-inch tall cool season grass that is not water stressed. Reference
Evapotranspiration is used as the basis for determining the Maximum Applied Water Allowance
so that regional differences in climate can be accommodated. For the City of Rancho Palos
Verdes, the Reference Evapotranspiration is 39.7 inches.
"Special Landscape Area" means park and recreational areas, areas permanently and
solely dedicated to edible plants (such as orchards and vegetable gardens), and areas irrigated
with nonpotable water.
"Turf' means a groundcover surface of mowed grass with an irrigation water need of
greater than thirty (30) percent of the Reference Evapotranspiration, except for low water use
alternative Turf blends.
"Water Budget Calculation" mean the Maximum Applied Water Allowance and Estimated
Total Water Use calculations as outlined within the Landscape Regulations.
"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). 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, habitat protection, or storm water best
management practices that are not irrigated with potable water and are used solely for water
treatment or storm water retention are not Water Features and are not subject to the Water Budget
Calculation.
"Water Use Classifications of Landscape Species" means the document prepared by the
University of California Cooperative Extension and available from the State Department of Water
Resources at: Department of Water Resources, Bulletins and Reports, P.O. Box 942836,
Sacramento, California 94236-0001.
15.34.030 Applicability.
A. This Chapter shall apply to all of the following public or private landscape projects:
1. Any project which proposes a new or altered Landscape Area as part of an
industrial, commercial, institutional, cemetery, or multifamily use or a subdivision of any lot.
2. Any project which proposes a new or altered Landscape Area of 500 square feet
or more as a part of a new single-family residential use and requiring a building or grading permit.
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3. Any project which proposes a new or altered Landscape Area of 2,500 square feet
or more as a part of an existing single-family residential use and requiring a building or grading
permit.
B. The following shall be exempt from the requirements of this Chapter:
1. Any project which proposes a new or altered Landscape Area on property listed
on any applicable local, state or national register of historic places;
2. Any ecological restoration project that does not require a permanent irrigation
system;
3. Any mined land reclamation project that does not require a permanent irrigation
system;
4. Any botanical garden or arboretum that is open to the public;
5. Any cemetery, except that the Landscape Area of a new or existing cemetery shall
meet the irrigation requirements of Section 15.34.090(B).
15.34.040 Administration, Enforcement and Landscape Regulations.
A. The Director shall administer and enforce this chapter.
B. The Director shall promulgate Landscape Regulations for the implementation of
the City of Rancho Palos Verdes Water Efficient Landscape Ordinance (Landscape Regulations).
C. The Landscape Regulations shall assist Applicants in compliance with the
requirements of this chapter, and shall also provide information on increasing water use efficiency
and avoiding water waste in existing landscapes.
D. The Landscape Regulations shall comply with all applicable provisions of Title 23
of the California Code of Regulations Sections 490 through 495 and shall be in full force and
effect.
15.34.050 Compliance Requirements.
Applicants for projects covered by Section 15.34.030(A) shall comply with the following,
unless an exception is granted pursuant to Section 15.34.070.
A. Prior to issuance of any grading or building permit, an Applicant shall obtain a
Water Efficient Landscape Permit from the Director, which shall be issued upon approval of the
Applicant's Landscape Documentation Package prepared in accordance with Section 15.34.080.
B. Prior to issuance of a certificate of occupancy or other final project sign- off, the
Applicant shall obtain approval from the Director of a Certificate of Completion prepared in
accordance with Section 15.34.080.
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15.34.060 Water Budget Calculations.
A. Unless an exception is granted pursuant to Section 15.34.070, new or altered
landscaping projects listed in Section 15.34.030(A) shall comply with the Water Budget
Calculations contained within the Landscape Regulations issued by the Director. To the extent
that any Water Budget Calculations issued by the State Department of Water Resources promote
greater water conservation than that provided within the Landscape Regulations, the State
Department of Water Resources calculations shall control.
15.34.070 Exceptions.
Exceptions to the requirements of this chapter may be granted by the Director upon a
finding, based on substantial evidence that the exceptions will promote equivalent or greater water
conservation than that provided in this chapter. Requests for exceptions shall be in writing and
shall be submitted to the Director at the time the Landscape Documentation Package is submitted
for review. Requests for exceptions shall be accompanied by documentary evidence supporting
the finding of equivalent or greater water conservation.
15.34.080 Submittals.
A. Landscape Documentation Package.
1. Water Efficient Landscape Permit application shall be submitted to the
Director with a filing fee established by resolution of the City Council.
2. A Landscape Documentation Package shall be prepared in accordance
with this chapter and the Landscape Regulations issued by the Director.
3. The Landscape Documentation Package shall include a statement of
compliance in a form approved by the Director certifying that the landscape design
complies with the mandatory elements of this chapter. The statement of compliance shall
be signed by the person who prepared the landscape plan.
4. The Landscape Documentation Package shall be prepared in accordance
with this Chapter and the Landscape Regulations, and shall include a landscape design
and soils management plan, an irrigation plan, and a Water Budget Calculation worksheet.
a. The Landscape Design and Soils Management Plan shall, at a minimum:
i. Delineate each Hydrozone by number, letter or other method, and
identify the water use level of each. Temporarily irrigated areas shall be
included in the low water use Hydrozone for the Water Budget
Calculations;
ii. Delineate any existing plant material to be retained or removed by type;
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iii. Show the planting areas, plant spacing, plant location and size, natural
features, recreational areas, areas dedicated permanently and solely
to edible plants, areas irrigated with nonpotable water, surface areas
and types of Water Features and all Hardscapes (pervious and
nonpervious);
iv. Have a legend listing the common and botanical plant names and total
quantities by container size and species;
v. Describe seed mixes with application rates and relevant germination
specifications;
vi. Identify soil amendments, type and quantity, based on soil test results
and recommendations. Soils recommendations can be included as a
generic specification if grading will occur on the site as part of the
project prior to landscape installation. However, verification of a soils
test, and compliance with soil amendment requirements must be
completed after grading is complete and prior to the landscaping
installation;
vii. Identify location and installation details of storm water best
management practices, as applicable;
viii. Include as a separate sheet, a copy of the project grading plan, when
applicable.
b. Irrigation Plan. The Irrigation Plan shall be a separate document from, but
use the same format as, the Landscape Design and Soils Management
Plan. The Irrigation Plan shall, at a minimum:
i. Identify location and size of separate water meters for landscape; and
identify water purveyor name.
ii. Identify location, size and type of all components of the irrigation system,
including controllers, main and lateral lines, valves, irrigation heads,
moisture sensing devices, rain shut-off sensor, quick couplers, pressure
regulators and backflow prevention devices, and power supply, as
applicable;
iii. Identify static water pressure at the point of connection to the public
water supply, as applicable;
iv. Provide the flow rate (gallons per minute), application rate (inches per
hour) and design operating pressure (pressure per square inch)for each
station;
v. Show nonpotable water irrigation systems as applicable.
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c. Water Budget Calculation Worksheet. A Water Budget Calculation
worksheet shall include the following elements:
i. A Hydrozone information table that summarizes the Hydrozone and
irrigation information of the landscape design and irrigation plans, including
square footage and irrigation method for each Hydrozone;
ii. Identification of the party(ies) responsible for long-term maintenance of
the landscape and irrigation systems;
iii. Water Budget Calculations consistent with Section 15.34.060.
B. Certificate of Completion. Prior to issuance of a Certificate of Occupancy or other
final project sign-off, the Applicant shall submit to the Director for review and
approval a Certificate of Completion. The Certificate of Completion shall be signed
in accordance with the Landscape Regulations and shall include the following:
1. A project information sheet containing the date; project name; project
Applicant's name, telephone and mailing address; project address and
location; and property owner's name, telephone and mailing address.
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 Water Efficient Landscape Permit
for the Landscape Documentation Package. Where there have been changes
made in the field during construction, a revised set of plans showing the
changes shall be included with the certification and approved by the Director
as a revision to the Water Efficient Landscape Permit.
3. Certification that the irrigation system and controller have been adjusted to
maximize irrigation efficiency and eliminate overspray and runoff;
4. A landscape and irrigation maintenance schedule;
5. An irrigation audit report;
6. A soil analysis report and documentation verifying implementation of soil report
recommendations.
15.34.090 Landscape Water Conservation Design Standards.
All landscaping and irrigation systems associated with development regulated by this
Chapter shall be designed, installed and maintained in accordance with the Water Efficient
Landscape Permit issued upon approval of the Landscape Documentation Package meeting the
minimum standards of the Landscape Regulations and this Chapter.
A. Planting Requirements.
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1. Any plant may be selected for the landscape provided that the Estimated Total
Water Use in the Landscaped Area does not exceed the Maximum Applied
Water Allowance.
2. Plants shall be grouped into Hydrozones with plant species having similar
water demand and by their soil, sun and shade requirements.
3. The Landscape Area of projects proposing commercial or industrial uses shall
be designed without the use of Turf. Notwithstanding, commercial or industrial
projects may only use Turf where a specific Turf type is proposed for areas
adjacent to pedestrian traffic where walking travel or crossings are expected.
These walking areas would include corner lot locations or linear areas located
along pedestrian routes.
4. Single-family residential, multifamily residential and institutional use projects
shall be designed so that Turf occupies no more than 25% or 1,500 square
feet, whichever is less, of the Landscape Area. Approved Turf parkways shall
not be counted toward the 25% Turf limitation.
5. Turf is not permitted in medians or parking lot landscape finger planters.
6. Turf shall not be used on slopes exceeding 25% or 4:1 within the Landscape
Area.
7. Notwithstanding subsections (3) and (4), additional Turf areas may be
approved by the Director for areas designed and used for outdoor sporting and
recreational activities, or for an approved functional use.
8. The Applicant shall prepare a soils test that conforms to the Landscape
Regulations, with recommendations for fertilizers, amendments and
horticultural maintenance practices. Recommendations shall be based on soil
samples taken from the site at the completion of finish grading.The soils testing
requirement may be included as part of the specifications for installation. The
soil testing shall include infiltration rates.
9. Soil amendments shall be used when necessary to improve water retention in
the soil, to improve the functional structure of the soil for greater water
infiltration and percolation, and to buffer pH and to optimize plant growth.
10. Weed-free mulches of organic or inorganic material shall be used in all non-
Turf, irrigated areas to minimize Evapotranspiration and runoff, and to
moderate the temperature of the root zone. The Landscape Area, except those
portions of the Landscape Area planted in Turf, shall be covered with weed-
free mulch material to an average thickness of at least 3 inches throughout. In
areas with groundcovers planted from flats, mulch shall be installed to an
average thickness of 1%inches. Additional mulch material shall be added from
time to time as necessary in order to maintain the required depth of mulch.
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11. The Landscape Area may include natural features such as decomposing
granite groundcover, rock and stone, non-vegetated natural areas, and
structural features, including but not limited to, fountains, reflecting pools, art
work, screens, walls, and fences, provided all of these features are integrated
into the design of the Landscape Area, the primary purpose of the feature is
decorative, and the feature comply with the development standards for the
base zoning district. These areas shall be included in the Water Budget
Calculations for the project and its various Hydro-zones as specified in the
Landscape Regulations.
12. Nothing in this Chapter shall be construed to permit the installation or removal
of plants, trees or shrubs of a type or in a manner which is prohibited by another
chapter this Code or other applicable law.
B. Irrigation System Requirements.
1. Irrigation systems shall be designed, constructed and managed to maximize
overall irrigation efficiency, and to meet the MAWA.
2. Irrigation systems shall be designed to prevent runoff, overspray, low-head
drainage, and other similar conditions where irrigation water flows or sprays on
to areas not intended for irrigation and not part of the parcel's Landscape Area,
such as walkways, driveways, roadways, neighboring properties or the public
right-of-way.
3. Irrigation systems (valve systems, piping and pressure regulators) shall be
designed to deliver water to Hydro-zones based on the moisture requirements
of the plant grouping.
4. Irrigation systems shall be automated and shall include a weather-based
irrigation controller, including a rain shut-off sensor.
5. Areas less than 8 feet wide shall be irrigated with appropriately selected
equipment that provides the proper amount of water coverage without causing
overspray onto adjacent surfaces.
6. All sprinklers shall have matched precipitation rates within each valve and
circuit. All irrigation systems shall be designed to include optimum distribution
uniformity, head-to-head spacing, and setbacks from walkways and pavement.
Overhead sprays shall be set back a minimum of 24 inches from non-pervious
surfaces.
7. All irrigation systems shall provide check valves at the low end of irrigation lines
to prevent unwanted draining of irrigation lines.
8. Installation of a separate landscape water meter is encouraged where feasible
to facilitate water management.
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15.34.100. Administration and Appeal Process.
The Director shall administer and enforce this Chapter. The Project Applicant or property owner
may appeal the decision made by the Director pursuant to this Chapter by filing a written appeal
with the Director within 15 days of the date of Decision, which shall be heard in accordance with
the applicable provisions of Chapter 17.80 of the Rancho Palos Verdes Municipal Code.
15.34.110. Penalties.
Violations of this Chapter may be pursued pursuant to Chapters 1.08 and 1.16 of the Rancho
Palos Verdes Municipal Code. In addition,the City's Building Official may deny any project subject
to this Chapter or withhold a final building permit approval until violations of this Chapter are
addressed.
15.34.120. Annual Reporting.
The Director, on behalf of the City, shall comply with the reporting requirements of Title 23 of the
California Code of Regulations Section 495.
Section 2. The City Council has considered this Ordinance and finds that this project
is exempt from the requirements of the California Environmental Quality Act("CEQA").The project
is exempt pursuant to State CEQA Guidelines, 14 Cal. Code Regs. Sec. 15307 as an action taken
to assure the maintenance, restoration, or enhancement of a natural resource, specifically water,
where the regulatory process involves procedures for protection of the environment. This
Ordinance does not contemplate any construction activities, and there is no evidence to suggest
that the Ordinance will result in a significant impact on the environment, including impacts due to
unusual circumstances. The adoption of this Ordinance will result in the enhancement and
protection of water resources in the City, and there is no evidence that the Ordinance would
produce any adverse environment impacts, cumulative or otherwise. Based on the foregoing and
other substantial evidence in the record, the City Council hereby finds and determines that the
Ordinance is exempt from the provisions of CEQA, pursuant to State CEQA Guidelines Section
15307. Further, as a separate and independent ground, the City Council finds that the Ordinance
is covered by the general rule that CEQA applies only to projects that have the potential for
causing a significant effect on the environment. Because there is no possibility that the Ordinance
will have a significant effect on the environment, the Ordinance is not subject to CEQA pursuant
to State CEQA Guidelines Section 15061 (b)(3).
Section 3. If any section, subsection, subdivision, sentence, clause, phrase, or portion
of this Ordinance or the application thereof to any person or place, is for any reason held to be
invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remainder of this Ordinance. The City Council hereby declares
that it would have adopted this Ordinance, and each and every section, subsection, subdivision,
sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or
unconstitutional.
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Section 4. The time within which judicial review of the decision reflected in this
Ordinance must be sought is governed by Section 1094.6 of the California Code of Civil Procedure
and other applicable periods of limitation.
Section 5. Effective Date. This Ordinance shall go into effect at 12:01 AM on the 31st
day after its passage.
PASSED, APPROVED and ADOPTED this 18th day of December 2018.
ATTES
41111
411111 it Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole
number of members of the City Council of said City is five; that the foregoing Ordinance No. 614
passed first reading on December 4, 2018, was duly and regularly adopted by the City Council of
said City at a regular meeting thereof held on December 18, 2018, and that the same was passed
and adopted by the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, Dyda and May. Duhovic
NOES: None
ABSENT: None
ABSTAINED: None 411111111;
%lam lerk
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Ordinance No.614
Page 12 of 12
CITY OF RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the City Clerk of
the City of Rancho Palos Verdes;
That on December 19, 2018, she caused to be posted the following
document entitled: ORDINANCE NO. 614, AN ORDINANCE OF THE
CITY OF RANCHO PALOS VERDES TO REPEAL AND REPLACE
MUNICIPAL CODE CHAPTER 15.34 TO IMPLEMENT THE STATE OF
CALIFORNIA'S REQUIREMENTS FOR WATER EFFICIENT
LANDSCAPING, a copy of which is attached hereto, in the following
locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the f• - •oing is a true and correct affidavit of
posting. �\
lultnN
ity Clerk