1 STAFF REPORT
DATE: December 6, 2022
TO: Justin Hess, City Manager
FROM: Dawn Roth Lindell, General Manager, Burbank Water and Power VIA: Drew Johnstone, Sustainability Officer, Burbank Water and Power BY: Ruzan Soloyan, Marketing Associate
SUBJECT: Introduction of an Ordinance Amending Title 5, Chapter 3, Article 15, Section 5-3-1504 of the Burbank Municipal Code to Update Water Efficiency Requirements for Specific Plumbing Fixtures
RECOMMENDATION
Introduce AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING TITLE 5, CHAPTER 3, ARTICLE 15, SECTION 5-3-1504 OF THE
BURBANK MUNICIPAL CODE (BMC) TO UPDATE WATER EFFICIENCY REQUIREMENTS FOR SPECIFIC PLUMBING FIXTURES (Attachment 1).
BACKGROUND
On July 20, 2010, the Burbank City Council passed the Retrofit Upon Resale Ordinance, requiring that prior to the transfer of ownership, residential, commercial, and industrial properties must meet the 2010 California Plumbing Code requirements as a condition of escrow.
The California Building Standards Commission approves statewide building standards, including the California Plumbing Code, every three years. Not every triannual update to the California Plumbing Code includes changes to water efficiency requirements or maximum fixture flow rates. The 2016 California Plumbing Code was the most recent version of the plumbing code to include updated water efficiency requirements for specific plumbing fixtures.
The proposed ordinance is needed to bring the BMC section 5-3-1504 into alignment with recent changes in the California Plumbing Code and to require that when a property is
2 sold in Burbank, the plumbing fixtures must meet current California Plumbing Code requirements.Furthermore, the proposed ordinance will continue to facilitate water conservation in the community by retrofitting inefficient fixtures with ones that meet more stringent maximum fixture flow rates set by the California Plumbing Code. DISCUSSIONEnvironmental AssessmentThe proposed amendments to Section 5-3-1504 of the Burbank Municipal Code amending retrofit measures are subject to the California Environmental Quality Act (CEQA). The proposed updates were reviewed for compliance with CEQA. Staff’s analysis indicates the project would be exempt under CEQA Guidelines, Article 18: Statutory Exemptions, Section 15061(B)(3). This section establishes a statutory exemption for “The activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” Here, the proposed code amendments merely align the Burbank Municipal Code’s standards for retrofits upon resale to the California Building Standards promulgated by the State of California’s Department of General Services and are intended to promote conservation to protect the environment. FISCAL IMPACT There is no fiscal impact associated with the Retrofit Upon Resale Ordinanceamendment. CONCLUSIONThe proposed ordinance is intended to remove inconsistencies from the Burbank Municipal Code and further encourage water conservation in Burbank. ATTACHMENTS Attachment 1 – OrdinanceAttachment 2 – Redline Version of Proposed Ordinance