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Eff.: ORDINANCE NO. _____________
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BURBANK REPEALING AND REPLACING TITLE 5,
CHAPTER 3, ARTICLE 15, SECTION 5 -3-1504 OF THE
BURBANK MUNICIPAL CODE
City Attorney’s Synopsis
This ordinance amends the Burbank Municipal Code section 5- 3-1504 to require that any toilets, urinals, showerheads, bathroom faucet aerators and kitchen faucet aerators that are not in compliance with the 2022 California Plumbing Code are replaced with compliant plumbing fixtures for residential, commercial or industrial properties (a) prior to the entering into a sale agreement or exchange agreement or (b) if an escrow agreement has been executed in connection with such sale or exchange, prior to the close of escrow.
THE COUNCIL OF THE CITY OF BURBANK FINDS AS FOLLOWS:
A. The current standards in Burbank Municipal Code Section 5-3-1504 has not been updated to reflect the most current changes in the California Plumbing Code in connection with the sale or exchange of a property in Burbank.
B. Updating Burbank Municipal Code Section 5-3-1504 will continue to facilitate water conservation in the community by retrofitting inefficient fixtures with fixtures that meet more stringent maxi mum fixture flow rates set by the California Plumbing Code.
THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:
Section 1. Environmental Review. The City Council exercises its independent judgment and finds that this ordinance is not subject to California Environmental Quality Act (CEQA) pursuant the State CEQA Guidelines, California Code of Regulations, 15061(b)(3), because the ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Therefore, the adoption of this ordinance is exempt from CEQA and no further environmental review is necessary.
Section 2. Amendment and Restatement of Article 5-3-1504. BMC Title 5, Chapter 3, is amended and restated as set forth in the attached Exhibit A.
Section 3. Codification. The City Manager or their designee is authorized to execute any action necessary to codify these amendments into the BMC.
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Section 4. Severability. If any provision of this ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity will not affect other provisions, sections, or applications of the ordinance which can be given effect wit hout the invalid provision or application, and to this end each phrase, section, sentence, or word is declared to be severable.
Section 5. Effective Date. This ordinance is effective at 12:01 a.m. on the 31st day after the date of adoption.
Section 6. Publication. The City Clerk will certify to the passage of this ordinance and cause the City Attorney Synopsis of this ordinance to be published once in a newspaper of general circulation within 14 days of adoption, that is published and circulated in the City of Burbank, California.
PASSED AND ADOPTED this __ day of _____, 2022.
__________________________
Jess A. Talamantes
Mayor
Approved as to Form:
Attest: Office of the City Attorney
__________________________ By: _______________________ Zizette Mullins, MMC, City Clerk Joseph H. McDougall City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Zizette Mullins, MMC, City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. ________ was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the ___ day of ____, 2022, by the following vote:
AYES:
NOES:
ABSENT:
I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Burbank, California within 14 days following of the ordinance’s adoption on ___________.
_____________________________
Zizette Mullins, MMC, City Clerk
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EXHIBIT A
Sec. 5-3-1504. Retrofit Measures.
Prior to entering into an agreement of sale or contracting for an exchange of any real property improved with residential, commercial, or industrial buildings, or when an escrow agreement has been executed in connection therewith, prior to the close of escrow, each seller shall replace all noncomplying toilets, urinals, showerheads, bathroom faucet aerators, kitchen faucet aerators with water -conserving plumbing fixtures in alignment with the 2022 California Plumbing Code.
A. Replace all noncomplying toilets with toilets that do not exceed 1.28 gallons per flush. In lieu of replacement, a seller may modify a noncomply ing toilet with the installation of a dual flush toilet conversion kit that reduces water usage to a maximum of 1.28 gallons per flush.
B. Replace all noncomplying floor-mounted urinals with floor -mounted urinals that flush with a maximum of 0.5 gallons per flush. In lieu of replacement, a seller may modify a noncomplying urinal with the installation of a urinal conversion kit that reduces water usage to a maximum of 0.5 gallons per flush.
C. Replace all nonco mplying wall-mounted urinals with wall- mounted urinals that flush with a maximum of 0.125 gallons per flush. In lieu of replacement, a seller may modify a noncomplying urinal with the installation of a urinal conversion kit that reduces water usage to a maximum of 0.125 gallons per flush.
D. Equip all showers with showerheads having a flow rate not to exceed 1.8 gallons per minute at 80 psi. This requirement shall not apply to any emergency shower installed for health or safety purposes that cannot safely operate with a maximum flow rate specified in the current California Plumbing Code.
E. Replace all bathroom faucet aerators with aerators having a flow rate not exceeding 1.2 gallons per minute at 60 psi.
F. Replace all kitchen faucet aerators with aerators having a flow rate not exceeding
1.8 gallons per minute at 60 psi with a temporary increase of up to 2.2 gallons per minute at 60 psi and must default to a maximum flow rate not exceeding 1.8 gallons per minute at 60 psi.
G. Replace all public or common area bathroom faucet aerators with aerators having a flow rate not exceeding 0.5 gallons per minute at 60 psi.