BEVERLY
HILLS
AGENDA REPORT
Meeting Date: March 18, 2024Item Number:
To: Honorable Mayor & City Council
From: Laurence S. Wiener, City Attorney
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING THE
BEVERLY HILLS MUNICIPAL CODE TO APPLY DEWATERING
PROVISIONS OF THE WATER SUPPLY ORDINANCE TOBUILDINGS IN THE ONE-FAMILY RESIDENTIAL ZONES THAT ARE
NEWLY CONSTRUCTED OR PROPERTIES THAT ARE
SUBSTANTIALLY REMODELED
Attachments: 1. Ordinance
RECOMMENDATIONIt is recommended that the City Council move to waive the full reading and adopt the ordinance entitled: “AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING
THE BEVERLY HILLS MUNICIPAL CODE TO APPLY DEWATERING PROVISIONS OFTHE WATER SUPPLY ORDINANCE TO BUILDINGS IN THE ONE-FAMILY
RESIDENTIAL ZONES THAT ARE NEWLY CONSTRUCTED OR PROPERTIES THAT ARE SUBSTANTIALLY REMODELED”.
INTRODUCTION
At its meeting of March 11, 2024, the City Council conducted a first reading of this ordinance and introduced it.
DISCUSSION
This ordinance amends the Beverly Hills Municipal Code to remove the exemption for single-family residential properties from the Dewatering Ordinance and applies the requirements to use groundwater for beneficial use or alternatively pay a replenishment fee for new and substantially remodeled single-family residential projects.
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Meeting Date: March 18, 2024
FISCAL IMPACT
Currently, there is no projected fiscal impact by amending the Water Supply Ordinance because there is no known number of SFR projects that have opted to pay thereplenishment fee in lieu of using groundwater to beneficial use. The implementation of this ordinance could reduce the irrigation meter and consumption-based revenues to the water fund; however, there is a larger perceived benefit to the water system of encouraging users to capture and reuse groundwater for irrigation purposes.
Laurence S. Wiener
City Attorney
Approved By
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Attachment
1 ORDINANCE NO. 24-0-
AN ORDINANCE OF THE CITY OF BEVERLY HILLSAMENDING THE BEVERLY HILLS MUNICIPAL CODE TOAPPLY DEWATERING PROVISIONS OF THE WATER SUPPLY ORDINANCE TO BUILDINGS IN THE ONEFAMILY RESIDENTIAL ZONES THAT ARE NEWLY
CONSTRUCTED OR PROPERTIES THAT ARE
SUBSTANTIALLY REMODELED
THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS DOES ORDAIN AS FOLLOWS:
Section 1. Section 9-4-602 (“DEFINITIONS”) of Article 6 (“WATER SUPPLY”) of Chapter 4 (“WATER REGULATIONS”) of Title 9 (“BUILDING AND PROPERTY HEALTH AND SAFETY REGULATIONS”) of the Beverly Hills Municipal Code is amended by addingnew entries for “SUBSTANTIALLY REMODELED” and “LANDSCAPED AREA” to read asfollows:
“SUBSTANTIALLY REMODELED: Any project or projects that affects the removal or replacement of 50% or more of the linear length of the existing exterior walls of the building,and/or 50% or more of the linear length of the existing exterior wall plate height is raised, and/or 50% or more of the existing roof framing area is removed or replaced, and/or 50% or more ofthe landscaped area is removed or replaced over a 3-year period.
LANDSCAPED AREA: The total surface area dedicated to plants, turf, and water features. The landscaped area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, or other hardscapes.” Section 2. Section 9-4-6 10 (“DEWATERING”) of Article 6 (“WATER SUPPLY”) of Chapter 4 (“WATER REGULATIONS”) of Title 9 (“BUILDING AND PROPERTY HEALTH AND SAFETY REGULATIONS”) of the Beverly Hills Municipal Code is amended to read as follows:
“A. Prohibited Without A Permit: No person owning, leasing, occupying or having charge or possession of any premises in the city shall cause the dewatering of the basin or thebasin drainage area, by the extraction, diversion, transportation or movement of water from, through or across the premises, unless the person has obtained prior approval from the city by applying for and obtaining a dewatering permit, in accordance with this article. This requirement applies to all dewatering, including any dewatering commenced prior to November 3, 2006.
B. Use In Lieu Of Dewatering: Unless impracticable, all persons shall place all extracted ground water to reasonable and beneficial purposes rather than causing the dewateringof the basin. For purposes of this section, “impracticable” shall mean technically infeasible or requiring the expenditure of a greater amount than the replenishment fee described in subsection I of this section. and “beneficial purposes” shall mean placing extracted ground water towards the purposes set forth in subsections C or D of this section. 80785-0001\2932063v6.doc
C. Beneficial Purposes (Non-One-Family Residential Zone Properties): For all properties except those in the R-1, R-1.X. R-1.5. R-1.5X, R-1.5X2. R-1.6X, R-1.7X. and R-1.8Xzones, the beneficial purposes to which extracted ground water may be placed include:
1. Recharging the ground water to the basin;
2. Placing the ground water to reasonable and beneficial use on the property, including irrigation or other nonpotable use. subject to the permitting requirements of section 9-4-603 of this Article; or
3. Delivering the ground water to the city for treatment and use by the city, including the design, construction, operation, maintenance, repair and replacement of all facilities necessary for conveyance of the water to the city’s water treatment plant, at no cost to the city.
D. Beneficial Purpose (One-Family Residential Zone Properties): For properties in the R-1, R-1.X. R-l.5, R-1.5X, R-1.5X2, R-l.6X, R-l.7X, and R-1.8X zones, the beneficial purpose to which extracted ground water may be placed is limited to non-potable water use on the property, including, without limitation, decorative fountains and irrigation systems, or delivery at the direction of the City, subject to the permitting requirements of section 9-4-603 of this Article.
E. Permit Procedures: The director of public works may issue dewatering permits in accordance with Title 4, Chapter 1, Article I of this code.
F. Permit Application: In addition to any other information required by section 4-1-102 of this code and any other information the director of public works may deem necessary in orderto determine whether a dewatering permit should be issued, an application for a dewateringpermit shall include all of the following information:
1. The applicant’s name and address:
2. The location of the property on which dewatering will occur;
3. A description of the legal interest the applicant has in the property (e.g., owner, lessee, renter) and the name and address of the owner of the property ifthe applicant is not the owner;
4. A detailed description of the purpose or purposes for which the dewatering is proposed. Such description shall include:
a. The activity or activities that will necessitate the dewatering of the basin; b. The method by which the dewatering will be effected;c. The estimated duration ofthe dewatering. including beginning and ending dates; d. The estimated amount of water that will be dewatered from the basin, including the amount estimated to be dewatered daily;
e. A statement that the dewatering site is in compliance with all federal, state and local laws and regulations;
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5. A declaration that the applicant shall pay to the city the replenishment fee described in subsection I of this section.
G. Standards For Permit Issuance: The director of public works may issue a dewatering permit if it finds that the alternatives described in subsection C or D of this section in lieu of dewatering are impracticable. and the applicant has satisfied the general criteria of section 4-1- 103 of this code.
H. Permit Conditions: Any dewatering permit shall be conditioned upon:
1. The permittee’s reporting the amount of ground water dewatered as required by the director of public works; and
2. Paying the replenishment fee described in subsection I of this section.
I. Replenishment Fee: In the event that placing dewatered ground water towards a beneficial purpose is impracticable, the permittee shall pay to the city an annual fee based upon the cost of replacing the dewatered ground water, as recommended by the director of public works and determined by the city council. The fee may be set based upon either direct or in lieureplenishment of the basin by the city, and may account for the treatment of water or stranded capital facilities of the city, at the discretion of the city council. The amount of dewatered groundwater subject to the fee shall be measured or estimated by the permittee according to a method approved by the director of public works.
J. Exemption: Persons owning, leasing, occupying or having charge or possession of any building in the R-1, R-1.X, R-1.5, R-1.5X, R-1.5X2, R-1.6X, R-l.7X, or R-1.8X zones that have a valid national pollutant discharge elimination system (NPDES) permit are exempt from the requirements of this section, except that this subsection J shall not apply to persons owning, leasing, occupying or having charge or possession of any newly constructed building orsubstantially remodeled property in the R-1, R-1.X, R-1.5, R-1.5X, R-1.5X2, R-1.6X, R-1.7X, or R-1.8X zones that is deemed complete after April 18, 2024.
K. Revocation Or Suspension Of Permit: The director of public works may revoke or suspend a dewatering permit in accordance with title 4, chapter 1, article 1 of this code.
L. Outdoor Water Meter Exception: Notwithstanding section 4.3 04.2 of the California Green Building Standards Code, as adopted pursuant to section 9-1-1101 of this code and amended pursuant to section 9-1-1 102 of this code, persons owning, leasing, occupying orhaving charge or possession of any newly constructed building or substantially remodeledproperty in the R-1, R-1.X, R-l.5, R-l.5X, R-1.5X2, R-1.6X, R-1.7X, or R-l.8X zones with anactive ground water use permit issued for their property pursuant to section 9-4-603 of thisArticle shall not be required to have a landscape water meter installed on that property for outdoor landscape irrigation.”
Section 3. CEQA. The City Council finds that the adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15307 (14 C.C.R. Section 15307), which applies to actions taken by regulatory agencies as authorized by local ordinance to assure the maintenance, restoration, or enhancement of a -3-
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natural resource where the regulatory process involves procedures for protection of the environment. This Ordinance is intended to regulate, conserve, protect and preserve the city’s water supply through expanding the applicability of dewatering regulations to protect the environment.
Section 4. Severability. If any section. subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for anyreason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall be and remain in full force and effect.
Section 5. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 ofthe Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and this certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.
Section 6. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.rn. on the thirty-first (3 1st) day after its passage.
Adopted:
Effective:
SULTAN A. GOLD, M.D.Mayor of the City of
Beverly Hills, California
ATTEST:
_____________________________(SEAL)HUMA AHMEDCity Clerk A P VED AS TO FORM: APPROVED AS TO CONTENT:LAURENCE S. WIENER NANCY HUNT-COFFEYCity Attorney City Manager
SHANA EPSTEIN
Director of Public Works
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