Chapter 14.16
WATER CONSERVATION AND WATER SUPPLY SHORTAGE PROGRAM LEVEL
REGULATIONS
Sections:
14.16.010 Findings and Purpose.
14.16.020 Definitions.
14.16.030 Applicability.
14.16.040 Permanent Mandatory Water Conservation Requirements.
14.16.050 Proce dure for Declaration and Notification of Water Supply Shortage—Continued Monitoring of Conditions .
14.16.060 Level One Mandatory Water Supply ShortageConservation Requirements.
14.16.070 Level Two Mandatory Water Supply ShortageConservation Requirements.
14.16.080 Level Three Mandatory Water Supply ShortageConservation Requirements.
14.16.090 Level Four Mandatory Water Supply ShortageConservation Requirements.
14.16.100 Level Five Severe Water Supply Shortage.
14.16.110 Level Six Catastrophic Water Supply Shortage.
14.16.1020 Exemptions.
14.16.1130 Relief from Compliance.
14.16.1240 Enforcement.
14.16.1350 State of Emergency.
Section 14.16.010 Findi ngs and Purpose.
A. The purpose of this chapter is to establish a water conservation and water supply shortage program that, to the greatest extent possible, will reduce water consumption within the City of Newport Beach, enable effective water supply planning, assure ensure reasonable and beneficial use of water, prevent waste of water, complement the City’s water quality regulations and ur ban runoff reduction efforts, maximize the efficient use of water, and minimize the effect and hardship of water shortage s, and implement the City’s Water Shortage Contingency Plan.
B. The water conservation and water supply shortage program created by this chapter establishes permanent water conser vation requirements intended to alter behavior related to water use efficien cy for nonshortage conditions and further establishes four six levels of water supply shortage response actions to be implemented
ATTACHMENT B
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during times of a declared water shortage with increasing restrict ions on water use in response to worsening drought or emergency conditions and decreasing supplies.
C. The City Council finds as follows:
1. A reliable minimum supply of water is essential to the public health, safety and welfare of the peopl e and economy of the City and the Southern California region.
2. Wasteful water use practices consti tute a potential threat to and an unacceptable diminution of the City’s wa ter supplies. The prevention of water waste is an economically and environmentally feasible way to protect, conserve, and prevent unacceptable diminution of the City's water supplies. Southern California is a semi-arid region and is largely dependent upon imported water supplies. A growing populat ion, climate change, envir onmental concerns and other factors in other par ts of the state and wester n United States make the region highly susceptible to water supply reliability issues.
3. Careful water management that in cludes active water conservation measures, not only in times of drought but at all times, is essential to ensure a reliable minimum supply of water to meet current and future supply needs.
4. Article X, Section 2, of the Califor nia Constitution declares that the general welfare requires that water resources be put to beneficial us e, that waste or unreasonable use or unreasonable me thod of use of water is to be prevented and that conservation of water be fully exercised with a view to the reasonable and beneficial use thereof.
5. Article XI, Section 7, of the California Constituti on declares that a city or county may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws.
6. California Water Code Section 375 authorizes a water supplier to adopt and enforce a comprehensive water cons ervation program to reduce water consumption and conserve supplies.
7. The adoption and enfor cement of the water conservation and water supply shortage program is necessary to manage the City’s water supply in the short and long term and to avoid or minimize the effects of a supply shortage within the City’s service area. Such a program is essential to ensure a reliable and sustainable minimum supply of water for public health, safety and welfare. 10-26
8. Recycled water is supplied in va rious areas throughout the City to conserve potable water. Recycled water, like potable water, must be used efficiently and is therefore included in this program.
9. Outdoor water use is a pr imary source of urban r unoff, which flows onto the streets, through storm drains, to t he creeks, the harbor and beaches. It is therefore in the public interest to pr omote practices that increase water use efficiency, reduce or elim inate runoff, and further suppor t the regulations as set forth in Chapter 14.36 (Water Quality) and related best management practices.
10. Contamination, drought, or failure of the water system infrastructure may lead to a potable water shortage emergency in the City’s water supplies.
11. Normal water supply conditions, known as Level Zero, exist during periods when the City anticipates no supply reductions. The City will proceed with planned water efficiency best practices to support consumer demand reduction in line with state mandated requirements and local goals for water supply reliability.
The permanent mandatory water conservation requirements in Section 14.16.040 shall be in effect to prevent waste and unreasonable use of water at all times.
Section 14.16.020 Definitions.
In this chapter, the following words and phrases shall have the following meanings:
“Base amount” means a base amount of water usage per billing period to be determined for each customer. For any particular bill ing period, the base amount shall be as indicated on the customer’s municipal services statement for the prior billing period. For customers occupying premises for which t he City’s water billing history includes 2013the year specified in the reso lution declaring a water shortage , the base amount shall be the amount of water used during the same billing period in the year specified in the resolution2013. For customers occupying premises for which the City’s water billing history does not include t he same billing period in the year specified in the resolution declaring a water shortage2013 , the base amount shall be the estimate of the water usage per billing period of similar premises and users. “Billing period” means the peri od of time for which the Cit y calculates monthly water service rates for a particular customer under Section 14.12.020. “Billing unit” means the unit of water us ed to apply water rates for purposes of calculating water charges for a person’s water usage and equals seven hundred forty- eight (748) gallons.
“City” shall mean the City of Newport Beach.
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“City Council” shall mean the City Council of the City of Newport Beach. “Commercial kitchen” means a facility containing a kitchen in which food is prepared for sale, such as a restaurant, cafe, hotel, catering establishment, or other food preparation establishment.
“Customer” shall mean any person or premises using or receiving water service from the City. The term “customer” shall not include a person or premises receiving water service within the City from the Irvine R anch Water District or from the Mesa Consolidated Water District.
“Department of Public Health” shall mean the Orange County Department of Health. “Department” shall mean the City of Newport Beach Utilities Department. “Director” shall mean the Director of the City of Newport Beach’s Utilities Department or his or her designee.
“Excessive flow or runoff” shall mean fr equent and/or large am ounts of runoff from irrigation and/or other outdoor water use.
“Fire Marshal” shall mean the City of Newport Beach’s Fire Marshal or his or her designee.
“Fuel modification zone” shall mean combustible native or ornamental vegetation that has been modified and partially or totally replac ed with drought toler ant, fire retardant plants and maintained per Fire Code guidelines.
“Implementation plan” shall mean the plan developed by the Municipal Operations Director that provides the resources (staff ing and equipment) required to ensure the fair and timely execution of these requirements, as well as a detailed execution strategy. “Irrigate” means any exterior application of water, other than for firefighting purposes, including but not limited to the watering of any vegetation whether it be natural or planted lawn, landscape, or other vegetated area.
“Landscape irrigation system” means an irri gation system with pipes, hoses, spray heads, or sprinkling devices that are operated by and/or through an automated system. “MET” shall mean the Metropolitan Water District of Southern California. “Municipal Operations Director” shall mean the Director of the City of Newport Beach’s Municipal Operations Department or his or her designee. “Person” shall have the meaning ascribed to it by Section 1.08.120. 10-28
“Potable water” means water that is suit able for drinking and excludes recycled water from any source.
“Premises” means a parcel of land, or porti on of a parcel, includ ing any improvements located thereon, that are served by a City water meter. “Recirculating” means the reus e of existing water, by m eans of capturing/containing water used, then circulating back to point of origin.
“Recycled water” means the reclamatio n and reuse of non-potable water and/or wastewater for beneficial use, such as irrigation.
“Safety/sanitary hazards” means the conditi on that may cause or threaten to cause injury to any person or persons.
“Single pass cooling system” means equipment where water is circulated only once to cool equipment before being disposed.
“Water” shall mean potable water and recycled water.
“Water-conserving kitchen spray valve” means a dishwashing spray valve that uses 1.6 gallons of water or less per minute of use.
“Water conservation plan” means a plan submitted by a customer for the approval of the Utilities Director, in conjunction with a request for an exemption or partial exemption that proposes the maximum feasible reduction in consumption. “Water consumption restrictions” shall mean those provisions in this chapter that require customers to reduce the amount of water consumed during a water supply shortage in relation to the base amount. “Water supply shortage” means the effective period of time during which the City Council, by resolution adopted under Section 14.16.050, has declared the existence of a water supply shortage or threat ened shortage. The City Council, depending on the severity of conditions , may declare a Level One, Level Two, Level Three, or Level Four water supply shortage.
Section 14.16.030 A pplicability.
A. The provisions of this c hapter shall apply to all persons , customers, and premises using water in the City, as set forth herein.
B. For the purposes of this chapter, the use of water by a tenant, employee, agent, contractor, representative or pe rson acting on behalf of a customer may, at the City’s election, shall be imputed to the customer.
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Section 14.16.040 Permanent Mandatory Water Conservation Requirements.
The following prohibitions and mandatory water conservation requirements are effective at all times, including during a water supply s hortage. Violations of this section will be considered waste and an unreasonable use of water.
A. Limit on Watering Duration. No customer shall use potable water to irrigate any lawn and/or ornamental l andscape area using a landscape irrigation system or a watering device that is not continuously att ended unless such irrigation is limited to no more than fifteen (15) ten (10) minutes watering per station. This restriction does not apply to the following:
1. This restriction does not apply to the following unless the City has determined that recycled water is available and may be lawfully applied to the use:
a. Landscape irrigation systems that exclusiv ely use very low-flow drip type or bubbler type irrigation systems in which no emitter produces more than two gallons of water per hour.
2. or wW eather based controllers or stream rotor sprinklers that meet a seventy (70) percent efficiency standard.
B. Limits on Watering Hours. No customer s hall use potable water to irrigate any lawn, landscape or other vegetated area betw een the hours of 9:00 a.m. and 5:00 p.m.
Pacific Time on any day, except by use of hand-held bucket or similar container, or a hand-held hose equipped with a positiv e self-closing water shut-o ff nozzle or device, or for short periods for the exclusive purpose of adjusting or repairing an irrigation system.
C. No Excessive Runoff. No person shall use water to irrigate any lawn and/or ornamental landscape area in a m anner that causes or allows excessive more than incidental flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch. “Incidental flow or runoff” means a minimal amount of water that escapes the area of intended use, such as windblown overspray onto adjacent hard surfaces.
CD. No Washing Down. No person shall use water to wash down hard or paved surfaces, including, but not limited to, si dewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, except when necessary to a lleviate safety or sanitary hazards, and then only by use of a hand-hel d bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off device, or a low- volume, high- pressure cleaning machine (e.g., “water broom”) equipped to recycle any water used and efforts are made to vacuum the runoff or direct the runoff away from paved surfaces.
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DE. Obligation to Fix. No person shall permit excessive use, loss or escape of water through breaks, leaks or other malfunctions in the person’s plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected and in no event more than three (3)seven days after receiving notice of the condition from the City unless other arrangements are made with the City.
EF. Watering During and After Rainfall. No customer shall use potable water to irrigate lawns, groundcover, shrubbery or other ornamental landscape material during and within forty-eight (48) hours after a measurable rainfall event of at least one-fourth of one inch of rain as recorded by the Nati onal Weather Service, the closest California Irrigation Management Information System stat ion, or any other reliable source of rainfall data available to the City.
FG. Landscaping Connected to Dedicated Land scape Meters. By July 1, 2012, aA ll landscape irrigation systems connected to dedicated landscape mete rs shall include rain sensors that automatically shut off su ch systems during periods of rain or include evapotranspiration systems that schedule irrigation based on climatic conditions.
GH. Water Fountain Recirculating Water. No customer shall oper ate a water fountain or other decorative water feature that does not use a recirculating water system.
HI. Washing Vehicles and Equipment. No customer shall use water to clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not, except by use of a hand-held bucket or similar container or a hand-held hose equipped with a positive self-closing water shut-off nozzle or device.
1. This subsection does not apply to any commercial car washing facility.
IJ. Commercial Car Washes.Effective January 1, 2010, Aall new commercial conveyor car wash systems in commercial car washing facilities shall be use operational recirculating water systems.
J. By January 1, 2013, all commercial c onveyor car wash systems in commercial car washing facilities shall be operational recirculating water systems, or the customer must have secured an exemption from this requirement pursuant to Section 14.16.100.
K. Drinking Water Served Upon Request Only. Customers operating eating or drinking establishments, including but no t limited to restaurants, hotels, cafes, cafeterias, bars, or other public places wher e food or drinks are sold , served, or offered for sale, shall not provide drinking water to any person unless expressly requested by the person.
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L. Commercial Lodging Linens. Customers operating hotel , motel, and other commercial lodging establishments shall pr ovide persons the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option.
M. No Single Pass Cooling Systems. No customer shall inst all a new single pass cooling system in a building or premises requesting new water service . This provision shall not prevent the replacement or repai r of single pass cooling systems that were installed prior to December 31, 2009.
N. Effective January 1, 2010, all new washing machines installed in commercial and/or coin-operated laundries shall be ENERGY STAR® and CEE Tier III qualified. By January 1, 2014, all washing ma chines installed in comme rcial and/or coin-operated laundries shall be ENERGY STAR® and CEE Tier III qualified.
ON. Use of Hydrants. No customer person shall use water from any fire hydrant for any purpose other than fire suppre ssion or emergency aid without first : (1) requesting and posting the appropriate fees at the City, and (2) obtaining a hydrant meter to record all water consumption for a specified projec t. obtaining a City hydrant meter account or written approval from the Director or hi s or her designee. Absent a meter account or Director approval , water theft and meter tampering fees will shall be applied as appropriate.
PO. Newly Constructed Homes and Buildings. No person shall water with potable water the landscapes outside of newly constructed homes and build ings in a manner inconsistent with regulations or other requirements est ablished by the California Building Standards Commission.
QP. Construction Site Requirements. The r equirements of this subsection apply to persons engaged in construction activities. A pe rmittee’s refusal or failure to comply with these requirements shall constitute gr ounds for revocation of a construction or grading permit. In addition, the City may withhol d occupancy and inspections until such time as the permit holder has complied.
1. No person shall use potable water fo r soil compaction or dust control in a construction site where there is an ava ilable and feasible source of recycled water or non-potable water approved by t he Department of Public Health and appropriate for such use.
2. No person shall operate a hose within a construction site that is not equipped with an automatic shut-off nozzle, provided that such devices are available for the size and type of hose in use.
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RQ. Commercial Kitchen Requirements. No customer may operate a commercial kitchen that does not comply with the following requirements:
1. Water-Conserving Pre-Rinse Kitchen Spray Valves. New or remodeled cCommercial kitchens shall be equipped wit h water-conserving kitchen spray valves. By January 1, 2010, all valves wit h water-conserving kitchen spray valves.
2. Best-Available Water-Conserving Technology. New or remodeled Ccommercial kitchens shall ensure that all water-using equipment in new or remodeled commercial kitchens uses the best-available , water -conserving technology.
3. No customer operat ing a commercial kitchen shall defrost food or allow food to be defrosted with running water.
4. Scoop sinks shall be se t at minimum water flow at all times of use and shut off during nonworking hours.
35. When hosing or washing kitchen or garbage areas or other areas for sanitary reasons as required by the De partment of Health , hoses shall be equipped with positive self-closing nozzles.
R. Indiscriminate Use. No person shall cause or permit th e indiscriminate running of water not otherwise prohibited by this sectio n which is wasteful and without reasonable purpose.
S. Public Health and Safety. The provisions in this section shall not be construed to limit water use that is immediately necessary to protect public health or safety.
Section 14.16.050 Procedure for Declaration and Notification of Water Supply ShortageContinued Monitoring of Conditions.
A. From time to time, the City Council may de clare by resolution the existence of a Level One, a Level Two, a Level Three, or a Level Four water supply shortage. In so doing, the Council shall determine that a wate r supply shortage or threatened shortage exists, due to drought or other water supply conditions, and that it is necessary to impose the mandatory conservation requirement s applicable to the particular level of water supply shortage. It will be necessary to make more efficient use of water and appropriately respond to conditions created by the water supply shortage. Prior to adopting a resolution declaring the exist ence of a water supply shortage, the City Council shall enact a resolution indicating its intention to do so, the conditions necessitating the declaration, the nature of the ma ndatory conservation restrictions 10-33
proposed to be imposed, including the spec ifics of any proposed water consumption restrictions, and the day, hour and plac e when and where persons may appear before the City Council and be heard on whether resolution declaring the water supply shortage should be enacted. The resolution of intention shall direct the City Clerk to publish said resolution at least once, within fifteen (15) days of the passage thereof, in a newspaper of general circulation in the City. Said notice shall be published at least ten (10) days prior to the date of hearing. Within ten (10) days of the adoption of a resolution declaring a water supply shortage, the City Clerk shall cause the resolution to be published or posted in t he manner required by California Water Code Section 376.Upon the Director’s determination of t he existence of a water supply shortage based on the criteria and stages defined in the City’s Water Shortage Contingency Plan, the City Council may declare a Water Supply Shortage from Level One up to Level Six.
In accordance with California Water Code Se ctions 350-352, the City Council may also declare a Level Six Catastrophic Water Suppl y Shortage in response to a disaster or sudden event that has or threatens to significantly diminish the reliability or quality of the City’s water supply. The mandatory water conservation measures applicable to the level of water supply shortage shall take effect on the date specified in the resolution declaring the water supply shortage.
B. The mandatory conservation requirement s that become effective following the adoption of a resolution declaring the exist ence of a particular level of water supply shortage shall remain in full force and effect until the resolution is repealed or until new mandatory conservation require ments become effective fo llowing the adoption of a subsequent resolution declaring the existence of a water supply shortage.
C. The City Manager shall notify and inform t he public, local, regional, and state governments, and other stakeholder s of the declaration of water supply shortage, the mandatory conservation requirements, and other water shortage response actions, according to the communication procedures in the City’s Water Shortage Contingency Plan.
DC. During the existence of a water supply shortage, the Municipal Operations Director shall provide periodic reports to the City Council regarding compliance with the mandatory conservation requirements of the level of water supply shortage, current and anticipated allocations of water from MET, and any change in circumstances that could warrant a position of more stringent measures or relaxation of measures then in effect. 10-34
Section
14.16.060 Level One MandatoryWater Supply ShortageConservation Requirements.
On the tenth day after a resolution declari ng the existence of a Level One water supply shortage becomes effective, the following mandatory wate r conservation requirements shall take effect:A Level One Water Suppl y Shortage exists when the City determines a water supply shortage exists or there is no surplus water supply and an overall water use reduction of up to ten (10) percent is necessary to make more effi cient use of water and appropriately respond to existing water conditions.
A. No customer shall use potable water to irrigate any lawn, landscape or other vegetated area except on the scheduled irrigation days established for each customer by the Municipal Operations Director. During a Level One water supply shortage, the schedule established by the Municipal Operations The Director shall specify for each customer (1) four irrigation days per week during the months of April through, May, June, July, August, September, and October and (2) two irrigation days per week during the months of November through, December, January, February, and March. Prior to the foregoing restriction becoming effective, the Municipal Operatio ns Director shall have notified the customer of the scheduled irrigation days by mail, which may be done by an indication on the customer’s municipal services statement. This restriction does not apply to the following unless the City has determined that recycled water is available and may be lawfully applied to the use:
1. Maintenance of vegetation includi ng trees and shrubs that is watered using a hand-held bucket or similar cont ainer, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or a very low-flow drip type irrigation system when no emitter produces more than two gallons of water per hour.
2. Irrigation of food crops (including fruit trees and vegetable gardens).
3. Short periods of irrigation for t he exclusive purpose of adjusting or repairing an irrigation system.
B. No customer shall use more water dur ing any billing peri od than the percentage of the base amount per customer category established in the resolution declaring the Level One Wwater Ssupply Sshortage, which percentage shall be in the range from one hundred (100) percent to eightyninety (980) percent of the base amount.C. No person shall permit excessive use, loss or escape of water through breaks, leaks or other 10-35
malfunctions in the user’s plumbing or di stribution system for more than seventy-two (72) hours after receiving notice of the condition from the City.
D. No customer may use potable water to fill or refill an ornamental lake, pond, or fountain, more than once per week, except to the extent needed to sustain aquatic life, provided that such animals were being active ly managed within the wa ter feature at the time of the City’s initial declaration of a then continuing water supply shortage.
E. No customer may use more than one foot of potable water per week to fill or refill a residential swimming pool or outdoor spa.
Section
14.16.070 Level Two Mandatory Water Supply ShortageConservation Requirements.
A Level Two Water Supply Shortage exists when the City determines a water supply shortage exists and an overall water use r eduction of between ten (10) percent and twenty (20) percent is necessary to make more efficient use of water and appropriately respond to existing water conditions. On the tenth day after a reso lution declaring the existence of a Level Two water supply shortage becomes effective, the following mandatory water conservation requirements shall take effect:
A. No customer shall use potable water to irrigate any lawn, landscape or other vegetated area between the hours of 9:00 a.m. and 5:00 p.m. Pacific time on any day, except by use of a hand-held bucket or si milar container, a hand-held hose equipped with a positive self-closing water shut-off no zzle or device, or for short periods of irrigation for the exclusive purpose of adjusting or repairing an irrigation system.
BA. No customer shall use potable water to irrigate any lawn, landscape or other vegetated area except on the scheduled irrigation days established by the DirectorCity Council resolution. During a Level Two water supply sh ortage, the schedule established by City Council resolution The Director shall specify for each customer (1) three irrigation days per week during the months of April through, May, June, July, August, September, and October and (2) one irrigation day per week during the months of November through, December, January, February, and March. Prior to the foregoing restriction becoming effective, the City sh all notify the customer of the scheduled irrigation days by mail, which may be done by an indication on the customer’s municipal services statement. This restriction does not apply to the following unless the City has determined that recycled water is available and may be lawfully applied to the use:
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1. Maintenance of vegetation, including trees and shrubs, that is watered using a hand-held bucket or similar cont ainer, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or a very low-flow drip type irrigation system when no emitter produces more than two gallons of water per hour.
2. Irrigation of food crops (inc luding fruit trees and vegetable gardens),provided that such irrigation does not exceed five times per week on a schedule established and posted by the City’s Municipal Operations Department.
3. Short periods of irrigation for t he exclusive purpose of adjusting or repairing an irrigation system.
BC. No customer shall use more water dur ing any billing peri od than the percentage of the base amount per customer category established in the resolution declaring the Level Two Wwater Ssupply Sshortage, which percentage shall be in the range from one hundred (100) ninety (90) percent to seventy-five (7570) percent of the base amount.
D. No person shall permit excessive use, loss or escape of water through breaks, leaks or other malfunctions in the user’s pl umbing or distribution system for more than forty-eight (48) hours after receiving notice of the condition from the City.
E. No customer may us e potable water to fill or ref ill an ornamental lake, pond, or fountain more than once every other week, except to the extent needed to sustain aquatic life, provided that such animals were being actively managed within the water feature at the time of the City’s declaration of the water supply shortage under this chapter.
F. Customers may use no more than six in ches of potable water per week to fill or refill a residential swimming pool or outdoor spa.
Section 14.16.080 Level Three Mandatory Water Supply ShortageConservation Requirements.
A Level Three Water Supply Shortage exists when the City determines a water supply shortage exists and an overall water use re duction of between twenty (20) percent and thirty (30) percent is necessa ry to make more efficient us e of water and appropriately respond to existing water conditions. On the tenth day after a reso lution declaring the existence of a Level Three water supply shortage becomes effective, the following mandatory water conservation requirements shall take effect:
A. No customer shall use potable water to irrigate any lawn, landscape or other vegetated area between the hours of 9:00 a.m. and 5:00 p.m. Pacific time, on any day, except by use of a hand-held bucket or si milar container, a hand-held hose equipped 10-37
with a positive self-closing water shut-off no zzle or device, or for short periods of irrigation for the exclusive purpose of adjusting or repairing an irrigation system.
BA. No customer shall use potable water to irrigate any lawn, landscape or other vegetated area except on the scheduled irrigation days established by the DirectorCity Council resolution . During a Level Three water s upply shortage, the schedule established by City Council resolutionThe Director shall specify for each customer (1) two irrigation days per week during the months of April through , May, June, July, August, September, and October and (2) one irrigation day per week during the months of November through , December, January, February, and March. Prior to the foregoing restriction becoming effective, the City sh all notify the custom er of the scheduled irrigation days by mail, which may be done by an indication on the customer’s municipal services statement. This restriction does not apply to the following unless the City has determined that recycled water is available and may be lawfully applied to the use:
1. Maintenance of vegetation, including trees and shrubs, that is watered using a hand-held bucket or similar c ontainer or hand-held hose equipped with positive self-closing water shut-off nozzle or device, or a very low-flow drip type irrigation system when no emitter produces more than two gallons of water per hour.
2. Irrigation of food crops (includi ng fruit trees and vegetable gardens), provided that such irri gation does not exceed fourthree days per week on a schedule established and posted by the City’s Municipal Operations DepartmentDirector.
3. Short periods of irrigation for the exclusive purpose of adjusting or repairing an irrigation system.
BC. No customer shall use more water dur ing any billing peri od than the percentage of the base amount per customer category established in the resolution declaring the Level Three Wwater Supply Ss hortage, which percentage shal l be in the range from ninety seventy-five (7590) percent to sixty fifty (6050) percent of the base amount.
CD. No person shall permit excessive use, loss or escape of water through breaks, leaks or other malfunctions in the user’s pl umbing or distribution system for more than twenty-four (24) hours after receiving notice from the City. 10-38
E. No customer may us e potable water to fill or ref ill an ornamental lake, pond, or fountain more than once every other week except to the extent needed to sustain aquatic life, provided that such animals were being actively managed within the water feature at the time of the City’s declaration of the water supply shortage under this chapter.
F. Customers may use no more than three in ches of potable water per week to fill or refill a residential swimming pool or outdoor spa.
Section 14.16.090 Level Four Water Supply Shortage.
A Level Four Water Supply Shortage exists when the City determines a water supply shortage exists and an overall water use reduc tion of between thirty (30) percent and forty (40) percent is necessary to make mo re efficient use of water and appropriately respond to existing water conditions.
A. No customer shall use potable water to irrigate any lawn, landscape or other vegetated area except on the scheduled irrigation days established by the Director. The Director shall specify for each customer one irrigation day per week. This restriction does not apply to the following:
1. Maintenance of vegetation, including trees and shrubs, that is watered using a hand-held bucket or similar container or hand-held hose equipped with positive self-closing water shut-off nozzle or device, or a very low-flow drip type irrigation system when no emitter produces more than two gallons of water per hour.
2. Irrigation of food crops (including fruit trees and vegetable gardens), provided that such irrigation does not exceed three days per week on a schedule established by the Department.
3. Short periods of irrigation for the exclusive purpose of adjusting or repairing an irrigation system.
B. No customer shall use more water during any billing period than the percentage of the base amount per customer category established in the resolution declaring the Level Four Water Supply Shortage, which per centage shall be in the range from eighty (80) percent to twenty-five (25) percent of the base amount.
C. No person shall permit loss or escape of water through brea ks, leaks or other malfunctions in the user’s plumbing or distribution system for more than twenty-four (24) hours after receiving notice from the City.
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Section 14.16.090100 Level FourFive Mandatory Severe Water Supply ShortageConservation Requirements.
A Level Five Severe Water Supply Short age exists when the City determines a water supply shortage exists and an overall water use reduction of between forty (40) percent and fifty (50) percent is necessary to make more efficient use of water and appropriately respond to existing water conditions.
On the tenth day after a resolution declaring the existence of a Level Four water supply shortage becomes effective, the following mandatory wate r conservation requirements shall take effect:
A. No customer shall use potable water to irrigate any lawn, landscape or other vegetated area. This restriction does not apply to the following categories of use unless the City has determined that recycled water is available and may be lawfully applied to the use:
1. Maintenance of vegetation, including trees and shrubs, that are watered using a hand-held bucket or similar c ontainer or a hand-held hose equipped with a positive self-closing water shut-off nozzle or device;.
2. Maintenance of existing landscape to the extent necessary for fire protection;.
3. Maintenance of existing landscape to the extent necessary for soil erosion control;.
4. Maintenance of plant materials identif ied to be rare or essential to the well- being of rare animals;.
5. Maintenance of landscape within ac tive public parks and playing fields, day care centers, school grounds, cemete ries, and golf course greens, provided that such irrigation does not exceed two times per week on a schedule established by theresolution of the City Council and posted by the Municipal Operations Director;.
6. Public works projects and actively irrigated environmental mitigation projects;.
7. Food crops (including fruit trees and vegetable gardens); provided, that such irrigation does not exceed two time s per week on a schedule established and posted by the City’s Municipal Operations DepartmentDirector. 10-40
B. The City will not (1) provide new potable water service, new temporary meters, or new permanent meters or (2) issue statements of immediat e ability to serve or to provide potable water service, except under the following circumstances:
1. A valid, unexpired building permit has been issued for the project; or
2. The project is necessary to protec t public health, safety, and welfare; or
3. The applicant provides substantial evidence of an enforceable commitment that ensures to the satisfaction of the Municipal Operations Director the water demands for the project will be offs et prior to the provision of a new water meter(s).
This restriction does not preclude the rese tting or turn-on of meters to provide continuation of water service or the restoration of service that has been interrupted for a period of one year or less.
C. No customer shall use more water dur ing any billing peri od than the percentage of the base amount per customer category established in the resolution declaring the Level FiveFour Severe Wwater Supply Sshortage, which percentage shall be less than between sixty (60) seventy-five (75) percent to zero (0) percent of the base amount.
D. No person shall permit excessive use, loss or escape of water through breaks, leaks or other malfunctions in the user’s pl umbing or distribution system for more than twenty-four (24) hours after receiving notice from the City.
E. No customer may use potable water to fill or refill an ornamental lake, pond, or fountain, except to the ext ent needed to sustain aquatic life, provided that such animals were being actively managed within the wate r feature at the ti me of the City’s declaration of the water supply shortage under this chapter.
F. No customer may use potable water to f ill or refill a residential swimming pool or outdoor spa.
G. No permits for new pool construction or reconstruction shall be issued.
H. Washing of autos, trucks, trailers, boats, motorhomes and other types of vehicles and mobile equipment is prohibited, other than at a commercial car wash.
Section 14.16.110 Level Six Catast rophic Water Supply Shortage.
A Level Six Catastrophic Water Supply S hortage exists when the City determines a water supply shortage exists and an overall water use reduction of over fifty (50) 10-41
percent is necessary to make more efficient use of water and appropriately respond to existing water conditions. A Level Six conditi on includes a disaster or sudden event such as earthquake, wildfire, power outage, or failure of any water supply or water distribution facility that has or threatens to si gnificantly diminish the reliability or quality of the City’s water supply.
All water uses except those necessary for basic health and safety are prohibited or shall be significantly reduced and all restrictions under a Level Five Severe Water Supply Shortage shall also be in effect, unless ot herwise specified in the resolution declaring the water supply shortage.
Section 14.16.1200 Exemptions.
A. The provisions of th is chapter do not apply to any of the following:
1 . U uses of water necessary to protect pub lic health and safety or for essential government services, such as public works, public utilities, police, fire and other similar emergency services.
2. The filling, operation, and maintenance of a s wimming pool that is open to the public at rates of charge deemed reasonable by the City Council.
3. The washing of refuse, sanitati on and service vehicles owned and operated by a public entity to the extent necessary to ensure public health, safety and welfare, provided that recycled water or a recirculating water system will be used where feasible.
B. Any restrictions imposed by this c hapter that require the reduction of consumption Water cons umption restrictions shall not be applicable to any of the following:
1. Customers who have participated in a fuel load modification program and have received an exemption from the Municipal Operations Director and Fire Marshal. The Municipal Operations Director and Fire Marshal shall only grant exemptions necessary to mitigate the impacts of participation in the fuel modification zone program, such as the need to irrigate replacement vegetation.
2. Customers that operate hospitals, m edical care facilities, nurseries or other businesses whose main stock and trade consists of the sale or cultivation of plants and vegetation, and businesses in which water consumption is an integral part of production or manufacturi ng, provided that su ch customers shall first submit a water conservation plan to, and obtain the approval of, the 10-42
Municipal Operations Director. This exemption does not extend to the use of potable water for the irrigation of landscape areas.
C. The Municipal Operations Director shall approve a water conservation plan only if the plan proposes the maximum feasible reduction in consumption. As a condition of approving the water conservation plan, the Municipal Operations Director may require the use of water conservation devices or practices as he or she deems appropriate to result in the maximum feasible reduction in consumption.
Section 14.16.1130 Relief from Compliance.
A. Intent and Purpose. The City Council recognizes t hat water consumption can increase or decrease because of factors unrelated to wastef ul water use practices.
Many customers have installed water-savin g devices and adopted water conservation practices that make it difficu lt to satisfy the water consum ption restrictions required by this chapter. This section recognizes that adjustments to the base amount may be necessary to ensure that application of this chapter to any particular customer does not produce unjust or inequitable results , especially during water supply shortage Levels One, Two, and Three . In addition, this section rec ognizes unique circumstances may result in undue or dispr oportionate hardship as to a person customer using water which is different from the impacts to wate r users generally. As a general rule, the Municipal Operations Director should not grant relief to any person or customer for any reason in the absence of showing that the person or customer has achieved the maximum feasible reduction in water consumption , such as through the use of water saving devices (e.g., efficient fixtures, controlle rs and drought-resistant or artificial landscaping).
B. Procedures. A person or customer may file an application for seek relief from the provisions of this chapter with the Municipal Operations Director. The application shall be submitted in writing to by submitti ng an application in a form prescribed by the Municipal Operations Department. The Municipal Operations Director may require the submission of additional supporting document ation that he or she deems necessary to grant the application for relief. The Municipal Operations Director shall approve or disapprove the application for relief , in whole or in part, within thirty (30) days after it is filed and deemed complete.
C. Factors to Be Considered.
1. Relief from Water Consumption Rest rictions. In determining whether relief should be granted from water co nsumption restrictions, the Municipal Operations Director shall consider all relevant fa ctors including, but not limited to, the following:
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a. Whether compliance with the wate r conservation requirements then in effect would result in unemployment or layoff of workers; b. Whether additional persons ar e now living or working in the customer’s premises that were not living or working in the premises during all or a portion of the billing periods used to calculate the base amount; c. For residential customers, whet her the usage in the prior billing period was equivalent to or le ss than ten (10) billing units for customers billed on a monthly basis or twenty (20) billing units for customers billed on a bi-monthly basisin a Level One condition , nine (9) billing units in a Level Two condition, eight (8) billing units in a Level Three condition, seven (7) billing units in a Level Four conditi on, and six (6) billing units in a Level Five Severe condition, with the thre sholds doubled for customers billed on a bi-monthly basis (e.g., eighteen (18) billing units in a Level Two condition);
d. Whether the customer had, during all or a portion of the billing periods used to calculate the base amount, begun using water conservation practices that remain in use and that reduced the customer’s water usage by an amount equivalent to the reduction required by the water supply shortage;
e. Whether any current or antic ipated increase in production or manufacturing will require the use of additional water; f. The extent to which irrigation or watering of landscaping has been made necessary by compliance with fuel load modification programs; and g. The extent to which the customer needs to use water to mitigate any emergency health or safety hazards.
2. Relief from All Other Requirements Other than Water Consumption Restrictions. In determining whether re lief should be granted from all requirements other than water c onsumption restrictions, the Municipal Operations Director must find, based on the application and supporting documentation, that:
a. The relief does not constitute a grant of special privilege inconsistent with the limitations imposed by this chapter on other persons and customers;
b. Because of special circumst ances applicable to the customer ’s or person’s property or its use, the strict ap plication of this chapter would 10-44
have an impact on the person or customer that is disproportionate to the impact on other similarly situated persons or customers; c. The condition or situation of the person or customer’s premises for which the relief is sought is not common or general in nature; and d. The person or customer has achieved or will achieve the maximum feasible reduction in water consumption, such as through the use of water saving devices (e.g., efficient fixtur es, controllers and drought-resistant or artificial landscaping)other than in the specific ar ea or areas from which relief is requested.; and
e. Authorizing such relief will not materially affect the ability of the City to effectuate the purpose of this c hapter and will not be detrimental to the public interest.
D. Agreement. The Municipal Operations Director is empowered to enter into an agreement with any person or customer to resolve the application for relief. The agreement Any grant of re lief under this section shall be memorialized in writing a written agreement detailing t he specific areas of relief granted, the conditions thereunder, and any other pertinent provisions, and shall be signed by the person or customer and the Director. The agreement shall fi x the rights of the person or customer and the City . During the effectiveness of the agreement, the person or customer shall have no further right to seek relief pursuant to the provisions of this section.
E. Final Decision. The Municipal Operations Director shall notify the person or customer of the decision on th e application for relief by ma iling a notice of the decision to the person or customer by means of first cla ss, postage prepaid, to the address specified on the application. Service shall be deemed to have been completed at the time of deposit in the mail.
F. Appeal of Final Decision. A person or customer may appeal the decision of the Municipal Operations Director by submitting a written request within ninety fifteen (9015) days of the date of the Municipal Operations Director’s written decision. A written appeal request shall be submitted to the City Manager and include the reasons for the request and signature of the person or customer submitting the request. The City Manager may approve or disapprove the appeal within thirty (30) days from receipt of a request. The decision of the City Manager shall be final.
G. Willful Misrepresentation. Notwithstanding any other provision of law, no person shall make any willful misrepresentation of a material fact with respect to any application 10-45
for relief submitted purs uant to this section. Any violation of the provisions of this subsection shall be considered a misdem eanor, punishable as ot herwise provided in this Code.
Section 14.16.1240 Enforcement.
A. Responsibility—Imp lementation Plan. The Municipal Operations Director shall be responsible for the enforcement of this chapter. The Municipal Operations Director shall develop an implementation plan to be used as a guideline for enforcing the provisions of this chapter. The implementation plan shall provide the resources (staffing and equipment) required to ensure the fair and timely execution of these requirements, as well as a detailed execution strategy. In addition, the implementation plan shall ensure, so far as is reasonable under the circumstances , that persons are notified of violations and are provided an opportunity to cure the violation prior to being cited.
B. Violations. Violations of this chapter are subject to criminal, civil, and administrative fines and penalties and are enforceable under the procedures provided in Section 1.04.010 and Chapter 1.05.
BC. Additional Enforcement Options. In addition to the means of ensuring compliance set forth in Section 1.04.010, the The City may elect to impose the following requirements on a customer in the event of a continuing or willful violation:
1. Water Flow Restrictors. The City may install a water flow restrictor of approximately one gallon per minute for services up to one and one-half inches in size and comparatively sized restrictor s for larger services. Prior to doing so, the City shall first provide a minimum of fo rty-eight (48) hours’ notice of its intent to install a water flow restrictor. In the event that a customer refuses to permit the installation of a water flow restrictor following the City’s election to do so, the City may terminate the customer’s water service.
2. Termination of Service. The City may disconnect a customer’s water service for willful violations of mandatory restrictions in this chapter.
Section 14.16.1350 State of Emergency.
If the Governor of the Stat e of California proclaims a state of emergency and thereby issues orders or other general laws that mandate adoption of regul ations by the State Water Resources Control Board and/or water conservation efforts by personscustomers, it is a violation of this section for any customer person to violate any such emergency order or general law lawfully adopted by the State of California. 10-46