HomeMy WebLinkAboutOrdinance #3849 ORDINANCE NO. 3849
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 14.18 OF THE HUNTINGTON BEACH MUNICIPAL CODE
ESTABLISHING A WATER CONSERVATION
AND WATER SUPPLY SHORTAGE PROGRAM
WHEREAS, a reliable minimum supply of potable water is essential to the public health,
safety and welfare of the people and economy of the southern California region; and
Southern California is a semi-arid region and is largely dependent upon imported water
supplies. A growing population, climate change, environmental concerns, and other factors in
other parts of the State and western United States, make the region highly susceptible to water
supply reliability issues; and
Careful water management that includes 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 water supply needs; and
Article X, Section 2 of the California Constitution declares that the general welfare
requires that water resources be put to beneficial use, waste or unreasonable use or unreasonable
method of use of water be prevented, and conservation of water be fully exercised with a view to
the reasonable and beneficial use thereof, and
Article XI, Section 7 of the California Constitution 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; and
California Water Code section 375 authorizes water suppliers to adopt and enforce a
comprehensive water conservation program to reduce water consumption and conserve supplies;
and
The adoption and enforcement of a water conservation and supply shortage program is
necessary to manage the City of Huntington Beach's potable water supply in the short and long-
term and to avoid or minimize the effects of drought and shortage within the City of Huntington
Beach. Such program is essential to ensure a reliable and sustainable minimum supply of water
for the public health, safety and welfare.
NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. Section 14.18.010 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
09-2079.001/39042 1
Ordinance No.3849
14.18.010 Title
This chapter will be known as the City of Huntington Beach Water Conservation and
Water Supply Shortage Program.
SECTION 2. Section 14.18.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
14.18.020 Purpose and Intent
a. The purpose of this chapter is to establish a water conservation and supply
shortage program that will reduce water consumption within the City of
Huntington Beach through conservation, enable effective water supply planning,
assure reasonable and beneficial use of water, prevent waste of water, and
maximize the efficient use of water within the City of Huntington Beach to avoid
and minimize the effect and hardship of water shortage to the greatest extent
possible.
b. This chapter establishes permanent water conservation standards intended to alter
behavior related to water use efficiency at all times and further establishes three
levels of water supply shortage response actions to be implemented during times
of declared water shortage or declared water shortage emergency, with increasing
restrictions on water use in response to worsening drought or emergency
conditions and decreasing supplies.
SECTION 3. Section 14.18.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
14.18.030 Definitions
a. For purposes of this Chapter, the following words and phrases shall have the
meaning hereafter set forth unless a different meaning is clearly intended from the
context in which such word or phrase is used. Any word or phrase not herein
defined shall have the meaning attributed to it in ordinary usage.
1. "Person" means any natural person or persons, corporation,public or
private entity, governmental agency or institution, including all agencies
and departments of City of Huntington Beach or any other user of water
provided by City of Huntington Beach.
2. "Landscape irrigation system" means an irrigation system with pipes,
hoses, spray heads, or sprinkling devices that are operated by hand or
through an automated system.
09-2079.001/39042 2
Ordinance No.3 849
3. "Large landscape areas"means a lawn, landscape, or other vegetated
area, or combination thereof, equal to more than one (1) acre of irrigable
land.
4. "Single pass cooling systems" means equipment where water is
circulated only once to cool equipment before being disposed.
5. "Potable water" means water which is suitable for drinking.
6. "Recycled water" means the reclamation and reuse of non-potable water
for beneficial use as defined in Title 22 of the California Code of
Regulations.
7. "]Billing unit" means the unit of water used to apply water rates for
purposes of calculating water charges for a person's water usage and
equals 748 gallons.
SECTION 4. Section 14.18.040 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
14.18.040 Application
a. The provisions of this chapter apply to any person in the use of any potable water
provided by the City of Huntington Beach.
b. The provisions of this chapter do not apply to uses of water necessary to protect
public health and safety or for essential government services, such as police, fire
and other similar emergency services.
C. The provisions of this chapter do not apply to the use of recycled water, with the
exception of Section 14.18.050(a).
d. The provisions of this chapter do not apply to the use of water by commercial
nurseries and commercial growers to sustain plants, trees, shrubs, crops or other
vegetation intended for commercial sale.
e. This chapter is intended solely to further the conservation of water. It is not
intended to implement any provision of Federal, State, or local statutes,
ordinances, or regulations relating to protection of water quality or control of
drainage or runoff. Refer to the local jurisdiction or Regional Water Quality
Control Board for information on any stormwater ordinances and stormwater
management plans.
09-2079.001/39042 3
Ordinance No.3849
SECTION 5. Section 14.18.050 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
14.18.050 Permanent Water Conservation Requirements—Prohibition Against Waste
The following water conservation requirements are effective at all times and are
permanent. Violations of this section will be considered waste and an unreasonable use of water.
a. Limits on Watering Hours: Watering or irrigating of lawn, landscape or other
vegetated area with potable water is prohibited between the hours of 9:00 a.m.
and 5:00 p.m. Pacific Standard Time on any day, except by use of a hand-water
shut-off nozzle or device, or for very short periods of time for the express purpose
of adjusting or repairing an irrigation system.
b. Limit on Watering Duration: Watering or irrigating of lawn, landscape or other
vegetated area with potable water using a landscape irrigation system or a
watering device that is not continuously attended is limited to no more than
fifteen (15)minutes watering per day per station. This subsection does not apply
to landscape irrigation systems that exclusively use very low-flow drip type
irrigation systems when no emitter produces more than two (2) gallons of water
per hour and weather based controllers or steam rotor sprinklers that meet a 70%
efficiency standard.
C. No Excessive Water Flow or Runoff. Watering or irrigating of any lawn,
landscape or other vegetated area in a manner that causes or allows excessive
water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or
ditch is prohibited.
d. No Washing Down Hard or Paved Surfaces: Washing down hard or paved
surfaces, including but not limited to sidewalks, walkways, driveways,parking
areas, tennis courts,patios or alleys, is prohibited except when necessary to
alleviate safety or sanitary hazards, and then only by use of a hand-held bucket or
similar container, a hand-held hose equipped with a positive self-closing water
shut-off device, a low-volume, high-pressure cleaning machine equipped to
recycle any water used, or a low-volume high-pressure water broom.
e. Obligation to Fix Leaks, Breaks or Malfunctions: Excessive loss or escape of
water through breaks, leaks or other malfunctions in the water user'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 seven(7)
days of receiving notice from the City of Huntington Beach, is prohibited.
f. Re-circulating Water Required for Water Fountains and Decorative Water
Features: Operating a water fountain or other decorative water feature that does
not use re-circulated water is prohibited.
09-2079.001/39042 4
Ordinance No.3849
g. Limits on Washing Vehicles: Use water to wash or clean a vehicle, including but
not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether
motorized or not is prohibited,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. This subsection does not apply to any commercial car washing
facility.
h. Drinking Water Served Upon Request Only: Eating or drinking establishments,
including but not limited to a restaurant, hotel, cafe, cafeteria, bar, or other public
place where food or drinks are sold, served, or offered for sale, are prohibited
from providing drinking water to any person unless expressly requested.
i. Commercial Lodging Establishments Must Provide Guests Option to Decline
Daily Linen Services: Hotels, motels and other commercial lodging
establishments must provide customers the option of not having towels and linen
laundered daily. Commercial lodging establishments must prominently display
notice of this option in each bathroom using clear and easily understood language.
j. No Installation of Single Pass Cooling Systems to Domestic Water Supplies:
Installation of single pass cooling systems is prohibited in buildings requesting
new water service.
k. No Installation of Non-re-circulating in Commercial Car Wash and Laundry
Systems: Installation of non-recirculating water systems is prohibited in new
commercial conveyor car wash and new commercial laundry systems.
1. Restaurants Required to Use Water Conserving Dish Wash Spray Valves: Food
preparation establishments, such as restaurants or cafes, are prohibited from using
non-water conserving dish wash spray valves.
in. Commercial Car Wash Systems: Effective on January 1, 2010, all new
commercial conveyor car wash systems must have installed operational re-
circulating water systems, or must have secured a waiver of this requirement from
the City of Huntington Beach.
SECTION 6. Section 14.18.060 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
14.18.060 Level 1 Water Supply Shortage
a. A Level 1 Water Supply Shortage exists when the City of Huntington Beach
determines, in its sole discretion,that due to drought or other water supply
conditions, a water supply shortage or threatened shortage exists and a consumer
demand reduction is necessary to make more efficient use of water and
appropriately respond to existing water conditions. Upon the declaration by the
City of Huntington Beach of a Level 1 Water Supply Shortage condition,the City
09-2079.001/39042 5
Ordinance No.3849
of Huntington Beach will implement the mandatory Level 1 conservation
measures identified in this section.
b. Additional Water Conservation Measures: In addition to the prohibited uses of
water identified in Section 14.18.050,the following water conservation
requirements apply during a declared Level 1 Water Supply Shortage:
1. Limits on Watering Days: Watering or irrigating of lawn, landscape or
other vegetated area with potable water is limited to three days per week
on a schedule established and posted by the City of Huntington Beach.
During the months of November through March, watering or irrigating of
lawn, landscape or other vegetated area with potable water is limited to no
more than one day per week on a schedule established and posted by the
City of Huntington Beach. This provision does not apply to landscape
irrigation zones that exclusively use very low flow drip type irrigation
systems when no emitter produces more than two (2) gallons of water per
hour. This provision also does not apply to watering or irrigating by use
of a hand-held bucket or similar container, a hand-held hose equipped with
a positive self-closing water shut-off nozzle or device, or for very short
periods of time for the express purpose of adjusting or repairing an
irrigation system.
2. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or
other malfunctions in the water user's plumbing or distribution system
must be repaired within seventy-two (72) hours of notification by the City
of Huntington Beach unless other arrangements are made with the City of
Huntington Beach.
SECTION 7. Section 14.18.070 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
14.18.070 Level 2 Water Supply Shortage
a. A Level 2 Water Supply Shortage exists when the City of Huntington Beach
determines, in its sole discretion that due to drought or other water supply
conditions, a water supply shortage or threatened shortage exists and a consumer
demand reduction is necessary to make more efficient use of water and
approximately respond to existing water conditions. Upon the declaration by the
City of Huntington Beach of a Level 2 Water Supply Shortage condition, the City
of Huntington Beach will implement the mandatory Level 2 conservation
measures identified in this section.
b. Additional Conservation Measures: In addition to the prohibited uses of water
identified in Section 14.18.050 and 14.18.060,the following additional water
conservation requirements apply during a declared Level 2 Water Supply
Shortage:
09-2079.001/39042 6
Ordinance No.3849
1. Watering Days: Watering or irrigating of lawn, landscape or other
vegetated area with potable water is limited to two days per week on a
schedule established and posted by the City of Huntington Beach. During
the months of November through March,watering or irrigating of lawn,
landscape or other vegetated area with potable water is limited to no more
than one day per week on a schedule established and posted by the City of
Huntington Beach. This provision does not apply to landscape irrigation
zones that exclusively use very low flow drip type irrigation systems when
no emitter produces more than two (2) gallons of water per hour. This
provision also does not apply to watering or irrigating by use of a hand-
held bucket or similar container, a hand-held hose equipped with a
positive self-closing water shut-off nozzle or device, or for very short
periods of time for the express purpose of adjusting or repairing an
irrigation system.
2. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or
other malfunctions in the water user's plumbing or distribution system
must be repaired within forty-eight (48)hours of notification by the City
of Huntington Beach unless other arrangements are made with the City of
Huntington Beach.
3. Limits on Filling Ornamental Lakes or Ponds: Filling or re-filling
ornamental lakes or ponds is prohibited, except to the extent needed to
sustain aquatic life, provided that such animals are of significant value and
have been actively managed within the water feature prior to declaration
of a supply shortage level under this ordinance.
4. Limits on Washing Vehicles: Using water to wash or clean a vehicle,
including but not limited to, any automobile, truck,van, bus,motorcycle,
boat or trailer, whether motorized or not, is prohibited except by use of a
hand-held bucket or similar container, a hand-held hose equipped with a
positive self-closing water shut-off nozzle or device,by high pressure/low
volume wash systems, or at a commercial car washing facility that utilizes
a re-circulating water system to capture or reuse water.
5. Limits on Filling Residential Swimming Pools& Spas: Re-filling of more
than one foot and initial filling of residential swimming pools or outdoor
spas with potable water is prohibited.
SECTION 8. Section 14.18.080 of the Huntington Beach Municipal Code is hereby
added to read as follows:
09-2079.001/39042 7
Ordinance No.3849
14.18.080 Level 3 Water Supply Shortage—Emergency Condition
a. A Level 3 Water Supply Shortage condition is also referred to as an"Emergency"
condition. A Level 3 condition exists when the City of Huntington Beach
declares a water shortage emergency and notifies its residents and businesses that
a significant reduction in consumer demand is necessary to maintain sufficient
water supplies for public health and safety. Upon the declaration of a Level 3
Water Supply Shortage condition,the City of Huntington Beach will implement
the mandatory Level 3 conservation measures identified in this section.
b. Additional Conservation Measures: In addition to the prohibited use of water
identified in Section 14.18.050, 14.18.060 and 14.18.070, the following water
conservation requirements apply during a declared Level 3 Water Supply
Shortage Emergency:
1. Watering or Irrigating: Watering or irrigating of lawn, landscape or other
vegetated area with potable water is prohibited. This restriction does not
apply to the following categories of use, unless the City of Huntington
Beach has determined that recycled water is available and may be applied
to the use:
i. Maintenance of vegetation, including trees and shrubs,that are
watered using a hand-held bucket or similar container,hand-held
hose equipped with a positive self-closing water shut-off nozzle or
device;
ii. Maintenance of existing landscape necessary for fire protection;
iii. Maintenance of existing landscape for soil erosion control;
iv. Maintenance of plant materials identified to be rare or essential to
the well-being of protected species;
V. Maintenance of landscape with active public parks and playing
fields, day care centers, golf course greens, and school grounds,
provided that such irrigation does not exceed two (2) days per
week according to the schedule established in Section
14.18.070(b)(1) and time restrictions in Section 14.18.050(a) and
14.18.060(b)(1);
vi. Actively irrigated environmental mitigation projects.
2. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or
other malfunctions in the water user's plumbing or distribution system
must be repaired within twenty-four(24) hours of notification by the City
09-2079.001/39042 8
Ordinance No.3849
of Huntington Beach unless other arrangements are made with the City of
Huntington Beach.
3. a. New Potable Water Service: Upon declaration of a Level 3 Water
Supply Shortage Emergency condition, no new potable water
service will be provided, no new temporary meters or permanent
meters will be provided, and no statements of immediate ability to
serve or provide potable water service (such as,will-serve letters,
certificates, or letters of availability) will be issued, except under
the following circumstances:
1. A valid, unexpired building permit has been issued for the
project; or
2. The project is necessary to protect the public health, safety,
and welfare; or
3. The applicant provides substantial evidence of an enforceable
commitment that water demands for the project will be offset
prior to the provision of a new water meter(s)to the
satisfaction of the City of Huntington Beach.
This provision does not preclude the resetting 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.
Or
b. Limits on Building Permits: The City of Huntington Beach will limit
or withhold the issuance of building permits which require new or
expanded water service, except to protect the public health, safety
and welfare, or in cases which meet the City of Huntington Beach's
adopted conservation offset requirements.
4. Discontinue Service: The City of Huntington Beach, in its sole discretion,
may discontinue service to consumers who willfully violate provisions of
this section.
5. New Annexations: Upon the declaration of a Level 3 Water Supply Shortage
condition, the City of Huntington Beach will suspend consideration of
annexations to its service area. This subsection does not apply to boundary
corrections and annexations that will not result in any increased use of water.
SECTION 9. Section 14.18.090 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
09-2079.001/39042 9
Ordinance No.3849
14.18.090 Procedures for Determination and Notification of Water Supply Shortage
a. The City's Director of Public Works and the City Administrator, or their designated
representatives, are authorized and directed by the City Council to implement the
provisions of this Chapter. The Director of Public Works shall make such rules and
regulations as may be necessary, reasonable and proper to enforce the provisions of
this Code. A copy of any rule or regulation promulgated by the Director shall be
provided to the City Council.
b. The City shall monitor the projected supply and demand for water by its customers.
The Director of Public Works shall determine the extent of the conservation required
through the implementation and/or termination of particular conservation stages in
order for the City to prudently plan for and supply water to its customers. The
existence of Level 1, Level 2 or Level 3 water supply shortage conditions shall be
declared by Resolution of the City of Huntington Beach adopted at a regular or
special public meeting held in accordance with state law. The mandatory
conservation requirements applicable to Level 1, Level 2 or Level 3 conditions, will
take effect on the tenth day after the date the shortage level is declared. Within five
(5) days following the declaration of the shortage level,the City of Huntington
Beach shall publish a copy of the Resolution in a newspaper used for publication of
official notices. If the City of Huntington Beach activates a water allocation
process, it shall provide notice of the activation by including it in the regular billing
statement or by any other mailing to the address to which the City of Huntington
Beach customarily mails the billing statement for fees or charges for on-going water
service. A water allocation process will be effective on the fifth day following the
date of mailing or at such later date as specified in the notice.
C. In case of local emergencies as defined under the Huntington Beach Municipal
Code,the City Administrator shall have the authority to order the implementation of
the appropriate level of water conservation subject to ratification by the City Council
within seven(7) days thereafter or such order shall have no further force or effect.
SECTION 10. Section 14.18.100 of the Huntington Beach Municipal Code is hereby
added to read as follows:
14.18.100 Hardship Waiver
a. Undue and Disproportionate Hardship: If, due to unique circumstances, a specific
requirement of this chapter would result in undue hardship to a person using water
or to property upon which water is used,that is disproportionate to the impacts to
water users generally or to similar property or classes of water users,then the person
may apply to the City Administrator for a waiver to the requirements as provided in
this section.
b. Written Finding: The waiver may be granted or conditionally granted only upon a
written finding of the existence of facts demonstrating an undue hardship to a person
09-2079.001/39042 10
Ordinance No.3849
using water or to property upon which water is used, that is disproportionate to the
impacts to water users generally or to similar property or classes of water use due to
specific and unique circumstances of the user or the user's property.
1. Application: Application for a waiver must be on a form prescribed by the
City of Huntington Beach and accompanied by a non-refundable processing
fee in an amount set by City of Huntington Beach resolution of the City
Council.
2. Supporting Documentation: The application must be accompanied by
photographs, maps, drawings, and other information, including a written
statement of the applicant.
3. Required Findings for Waiver: An application for a waiver will be denied
unless the City Administrator finds, based on the information provided in the
application, supporting documents, or such additional information as may be
requested, and on water use information for the property as shown by the
records of the City of Huntington Beach or its Agent, all of the following:
i. That the waiver does not constitute a grant of special privilege
inconsistent with the limitations upon other residents and businesses;
ii. That because of special circumstances applicable to the property or
its use, the strict application of this chapter would have a
disproportionate impact on the property or use that exceeds the
impacts to residents and businesses generally;
iii. That the authorizing of such waiver will not be of substantial
detriment to adjacent properties, and will not materially affect the
ability of the City of Huntington Beach to effectuate the purpose of
this chapter and will not be detrimental to the public interest; and
4. Approval Authority: The City Administrator shall act upon any completed
application no later than ten(10) days after submittal and may approve,
conditionally approve, or deny the waiver. The applicant requesting the
waiver shall be promptly notified in writing of any action taken. Unless
specified otherwise at the time a waiver is approved, the waiver will apply to
the subject property during the period of the mandatory water supply
shortage condition. The decision of the City Administrator will be final.
SECTION 11. Section 14.18.110 of the Huntington beach Municipal Code is hereby
added to read as follows:
09-2079.001/39042 11
Ordinance No.3849
14.18.110 Violation—Penalty
a. Any person violating this chapter shall be guilty of a misdemeanor, punishable by
a fine not exceeding one thousand dollars ($1,000) or by imprisonment in the
county jail for a period not to exceed six (6) months, or by both fine and
imprisonment. Each day that a violation of this ordinance occurs is a separate
offense.
b. In addition to any fines, the City may install a water flow restrictor device of
approximately one gallon per minute capacity for service up to one and one-half
inch size and comparatively sized restrictors for larger services after written
notice of intent to install a flow restrictor for a minimum of forty-eight(48)hours.
C. A person or entity that violates this ordinance is responsible for payment of the
City's charges for installing and/or removing any flow restricting device and for
disconnecting and/or reconnecting service per the City's schedule of charges then
in effect. The charge for installing and/or removing any flow restricting device
must be paid to the City before the device is removed. Nonpayment will be
subject to the same remedies as nonpayment of basic water rates.
d. In addition to any fines and the installation of a water flow restrictor,the City may
disconnect a customer's water service for willful violations of mandatory
restrictions in this chapter.
SECTION 12. Section 14.18.120 of the Huntington Beach Municipal Code is hereby
added to read as follows:
14.18.120 Severalbility
If any section, subsection, sentence, clause or phrase in this chapter is for any reason held
invalid,the validity of the remainder of the chapter will not be affected. The City of Huntington
Beach hereby declares it would have passed this chapter and each section, subsection, sentence,
clause or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences,
clauses, or phrases or is declared invalid.
SECTION 13. This ordinance shall become effective 30 days after its adoption.
09-2079.001/39042 12
Ordinance No.3849
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 7th day of December , 2009.
M or
ATTEST: APPROVED AS TO FORM:
City Clerk �.•�.� Cit Attorney to\.5101
REVIE D APPROVED: INITIATED AND APPROVED:
Ci Ad inistrator Director otPuglic Works
09-2079.001/39042 13
Ord. No. 3849
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on November 16,2009, and was again read to said City Council at
a regular meeting thereof held on December 7,2009, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on December 17,2009.
In accordance with the City Charter of said City &-40—)
Joan L. Flynn, City Clerk CFClerk and ex-officio erk
-senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California