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HomeMy WebLinkAboutApprove for introduction Ordinance No. 4063 amending Chapter !. ,4K r...'4, AJ rs ✓ Dept ID PW 15-040 Page 1 of 2 Meeting Date 7/6/2015 oeo6j CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 7/6/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Travis K Hopkins, PE, Director of Public Works SUBJECT: Approve for introduction Ordinance No 4063 amending Chapter 14 18 of the Huntington Beach Municipal Code relating to the Water Management Program by making the amendments of Emergency Ordinance 4060 permanent Statement of Issue At the May 18, 2015, regular City Council meeting, the City Council adopted Emergency Ordinance No 4060, amending the Huntington Beach Municipal Code Relating to the Water Management Program The emergency ordinance will be in effect until September 16, 2015, unless the City Council adopts an ordinance to make the amendments permanent Submitted for City Council approval is the permanent ordinance Financial Impact No fiscal impact is anticipated Any funds necessary to implement the Amendment would be provided by the Water Fund (506) operating budget Recommended Action Approve for introduction Ordinance No 4063, "An Ordinance of the City of Huntington Beach Amending Chapter 14 18 of the Huntington Beach Municipal Code Relating to Water Management Program " Alternative Action(s) Do not adopt the ordinance and allow the emergency ordinance to expire Analysis At the May 18, 2015, regular City Council meeting, the City Council adopted Emergency Ordinance No 4060, amending the Huntington Beach Municipal Code Relating to the Water Management Program The amendment was presented as an emergency ordinance so that it would go into effect immediately The urgency was the result of Governor Brown's Executive Order dated April 1, 2015, which set forth a number of requirements for local water agencies regarding water use The City's Water Management Program contains most of the items in the Executive Order, but some adjustments were needed for compliance The ordinance needed to go into effect immediately because the proposed changes included modifications to Level 2 of the Water Management Program The City Council was considering, and subsequently adopted, a resolution to implement Level 2 of the Water Management Program at that same meeting This ordinance is being presented to make the amendments permanent, as the emergency ordinance would expire on September 16, 2015, 120 days following the May 18, 2015, adoption Item 17. - I HB -1114- Dept ID PW 15-040 Page 2 of 2 Meeting Date 7/6/2015 The following changes to the Water Management Program are Included in the permanent amendments • Watering or Irrigating of lawn, landscape or other vegetated area with potable water is prohibited during a measurable rainfall event, or within forty-eight (48) hours following the cessation of a measurable rainfall event • The duration of watering time for sprinklers is reduced from 15 minutes to 10 minutes per station In addition, the revised ordinance eliminates the Level 2 water measure that prohibits the filling of more than one foot of residential swimming pools or spas with potable water and prohibits the Initial filling of pools and spas Initial filling of new pools and spas would be allowed provided an appropriate cover is in place to minimize evaporation The refilling of existing pools or spas would only be permitted if a repair or a leak was made or if the pool was drained to address a health or safety concern Public Works Commission Action: Not Applicable Environmental Status Actions taken pursuant to the Water Management Program are exempt from CEQA and are considered necessary to prevent or mitigate an emergency pursuant to Public Resources Code Section 21080 (b) (4) and CEQA Guidelines Section 15269 (c) Strategic Plan Goal Non-Applicable—Administrative Item Attachments) 1 Ordinance No 4063, "An Ordinance of the City of Huntington Beach Amending Chapter 14 18 of the Huntington Beach Municipal Code Relating to Water Management Program " HB -111 s- Item 17. - 2 ORDINANCE NO 4063 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 14 18 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO WATER MANAGEMENT PROGRAM The City Council of the City of Huntington Beach does hereby ordain as follows SECTION 1. The Huntington Beach Municipal Code is hereby amended by amending Section 14.18 050(B) thereof to read as follows- 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 10 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 mote than two gallons of water per hour and weather based controllers or stearn iotot sprinklers that meet a 70% efficiency standard SECTION 2. The Huntington Beach Municipal Code is hereby amended by adding new Section 14 18 050(R) thereof to read as follows- R 1VMeasureable Rainfall Event—Watering Prohibited. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited during a measurable rainfall event, or within forty-eight(48)hours following the cessation of a measurable i ainfall event SECTION 3 The Huntington Beach Municipal Code is hereby amended by amending Section 14.18 070(B)(5) to Lead as follows• 5 Limits on Falling Residential Swimming Pools and Spas. Initial filling of a pool of spa is permitted only if an appropriate cover is in place Refilling of an existing pool or spa is permitted only if repair of a leak has been made of if the pool or spa was drained to address a health or safety issue SECTION 4 This ordinance shall take effect thirty (30) days after its adoption. 15-4 771/122320 1 Ordinance No . 4063 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a iegulai meeting the>eof held on the 20thday of July , 2015 Ma r ATTEST• APPROVED AS T RM "City Clerk City Attorney REVIEW APPROVED• INITIATED AND APPROVED: \\ anage> Director of Public Works 15-4771/122320 2 Ord. No. 4063 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF HUNTING'TON 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 July 06,2015, and was again read to said City Council at a Regular meeting thereof held on July 20, 2015, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council AYES: Katapodis,Hardy, Sullivan, Delgleize NOES: Posey, Peterson ABSENT: O'Connell 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 Wave on July 30,2015 In accordance with the City Charter of said City s Joan L Flynn,Ci, Clerk City fiferk and ex-officio Crerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California Ordinance No . 4063 LEGISLATIVE DRAFT HBMC CHAPTER 14.18.050; 14.18.070 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 hand using a bucket and/or by hand using a hose with an automatic shutoff nozzle or a hose-end sprinkler with a radius of not more than 10 feet, if such sprinkler causes no overspray or runoff, 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 1-50 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 gallons of water per hour and weather based controllers or steam rotor spnnklers 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 Lard 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 five 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 G Limits on Washing Vehicles Use of 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 1 5-4730/12 1 147 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-recirculating Water Systems 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 L 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. M 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 N Construction (1)No potable water may be used for compacting or dust control purposes in construction activities where there is a reasonably available source of other non-potable water approved by the California Department of Public Health and appropriate for such use This condition must be identified and specified on construction drawings submitted to the City for review (2)All water hoses used in connection with any construction activities shall be equipped with an automatic shut-off nozzle when an automatic shut-off nozzle can be purchased or otherwise obtained for the size or type of hose in use O Use of Hydrants No person may use water from any fire hydrant for any purpose other than fire suppression or emergency aid without first obtaining a City hydrant meter account or wntten approval from the Director of Public Works/City Engineer or designee P Indiscriminate Use No person shall cause or permit the mdiscnminate running of water not otherwise prohibited above which is wasteful and without reasonable purpose Q Public Health and Safety.These regulations shall not be construed to limit water use which is immediately necessary to protect health and/or safety (3104-4/91, 3810-9/08, 3849-1/10, 4022-5/14) K. Measureable Rainfall Event—Waterma Prohibited. Watering or irnwi of lawn landscape or other vegetated area with potable water is prohibited during a measurable rainfall event or within forty-eight(48)hours following the cessation of a measurable ramfall event 15-4730/121147 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 appropriately 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. 1 Watering Days Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to two days per week during the months of April through October 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 dnp type irrigation systems when no emitter produces more than two 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 Fig Leaks,Breaks or Malfunctions All leaks,breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within 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,track, 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 and Spas Initial filling of a pool or spa is permitted only if an appropriate cover is in place Re-filling of mere a leak has been made or if the pool or spa was drained to address a health or safety,issue (31044/91, 3849-1/10,4022-5/14) 154730/121147 Chapter 14 18 WATER MANAGEMENT PROGRAM Page 1 of 8 Flue in ton Beach Charter and Codes Up ; Previous l�ext _P9ain ollapse__� Search rint No Frames MUNICIPAL CODE Title 14 WATER AND SEWERS Chapter 14.18 WATER MANAGEMENT PROGRAM 14.18.010 Title This chapter will be known as the City of Huntington Beach Water Conservation and Water Supply Shortage Program (3104-4/91, 3849-1/10) 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, ensure 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 (3104-4/91, 3849-1/10) 14.18.030 Definitions 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 "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 "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 "Large landscape areas"means a lawn, landscape, or other vegetated area, or combination thereof, equal to more than one acre of irrigable land "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 "Potable water"means water which is suitable for drinking "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 "Single pass cooling systems"means equipment where water is circulated only once to cool equipment before being disposed (3104-4/91, 3849-1/10) http //www gcode us/codes/huntingtonbeach/view php?topic=mumcipal_code-14-14_18&s.. 6/22/2015 Chapter 14 18 WATER MANAGEMENT PROGRAM Page 2 of 8 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 nursenes 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 (3104-4/91, 3 849-1/10) 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 hand using a bucket and/or by hand using a hose with an automatic shutoff nozzle or a hose-end sprinkler with a radius of not more than 10 feet, if such spnnkler causes no overspray or runoff, or for very short periods of time for the express purpose of adjusting or repairmg an irrigation system B Limit on Watering Duration. Watering or irrigating of lawn, landscape or other vegetated area with potable water usmg a landscape irrigation system or a watering device that is not continuously attended is limited to no more than 10 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 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 irrigatmg of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoinmg sidewalk, driveway, street, alley, gutter or ditch is prohibited D No Washing Down Hard or Paved Surfaces Washing down hard or paved surfaces, mcludmg, 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 cleanmg 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 five days of receiving notice from the City of Huntington Beach, is prohibited http //www qcode us/codes/huntmgtonbeach/view php9topic=mumcipal_code-14-14_18&s 6/22/2015 Chapter 14 18 WATER MANAGEMENT PROGRAM Page 3 of 8 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 G Limits on Washing Vehicles Use of 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 drunks 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-recirculating Water Systems 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 L 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 M 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 N Construction (1)No potable water may be used for compacting or dust control purposes in construction activities where there is a reasonably available source of other non-potable water approved by the California Department of Public Health and appropriate for such use This condition must be identified and specified on construction drawings submitted to the City for review (2)All water hoses used in connection with any construction activities shall be equipped with an automatic shut-off nozzle when an automatic shut-off nozzle can be purchased or otherwise obtained for the size or type of hose in use O Use of hydrants No person may use water from any fire hydrant for any purpose other than fire suppression or emergency aid without first obtaining a City hydrant meter account or written approval from the Director of Public Works/City Engineer or designee P Indiscriminate Use No person shall cause or permit the indiscriminate running of water not otherwise prohibited above which is wasteful and without reasonable purpose Q Public health and Safety These regulations shall not be construed to limit water use which is immediately necessary to protect health and/or safety R Measurable Rainfall Event—Watering Prohibited.Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited during a measurable rainfall event, or within 48 hours following the cessation of a measurable rainfall event (3104-4/91,3810-9/08, 3849-1/10, 4022-5/14, 4060-5/15) http //www gcode us/codes/huntingtonbeach/view php?topic=municipal_code-14-14_18&s . 6/22/2015 Chapter 14 18 WATER MANAGEMENT PROGRAM Page 4 of 8 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 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 during the months of April through October 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 two days 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 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 72 hours of notification by the City of Huntington Beach unless other arrangements are made with the City of Huntington Beach (3104-4/91, 3849-1/10, 4022-5/14) 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 appropriately 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 1 Watering Days Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to two days per week during the months of April through October 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 gallons of water per hour This provision also does not apply to watering or irrigating by use of a hand-held http//www qcode us/codes/huntingtonbeach/view php?topic=mumcipa1_code-14-14_18&s 6/22/2015 Chapter 14 18 WATER MANAGEMENT PROGRAM Page 5 of 8 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 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 and Spas.Initial filling of a pool or spa is permitted only if an appropriate cover is in place Refilling of an existing pool or spa is permitted only if repair of a leak has been made or if the pool or spa was drained to address a health or safety issue (3104-4/91,3849-1/10, 4022-5/14,4060-5/15) 14.18.080 Level 3 Water Supply Shortac e-Emer ency 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 Sections 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 a 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, b Maintenance of existing landscape necessary for fire protection, c Maintenance of existing landscape for soil erosion control, http //www gcode us/codes/huntingtonbeach/view php?topic=mumcipa1_code-14-14_18&s 6/22/2015 Chapter 14 18 WATER MANAGEMENT PROGRAM Page 6 of 8 d Maintenance of plant materials identified to be rare or essential to the well-being of protected species, e 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 days per week according to the schedule established in Section 14 18 070(B)(1) and time restrictions in Sections 14 18 050(A) and 14 18 060(B)(1), f Actively irrigated environmental mitigation projects (3849-1/10) 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 24 hours of notification by the City 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 i A valid, unexpired building permit has been issued for the project, or u The project is necessary to protect the public health, safety, and welfare, or ui 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 (3849-1/10) 14.18.090 Procedures for Determination and Notification of Water Suppiy Shortaae_ A The City's Director of Public Works and the City Manager, 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 http //www geode us/codes/huntmgtonbeach/view php9topic=municipal_code-14-14_18&s 6/22/2015 Chapter 14 18 WATER MANAGEMENT PROGRAM Page 7 of 8 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 1 Oth day after the date the shortage level is declared Within five 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 Manager shall have the authority to order the implementation of the appropriate level of water conservation subject to ratification by the City Council within seven days thereafter or such order shall have no further force or effect (3849-1/10) 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 Manager 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 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 Manager 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 a That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses, b 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, http•//www qcode us/codes/huntingtonbeach/view.php?topic=mumcipal_code-14-14_18&s 6/22/2015 Chapter 14 18 WATER MANAGEMENT PROGRAM Page 8 of 8 c 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 4 Approval Authority The City Manager shall act upon any completed application no later than 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 Managerwill be final (3849-1/10) 14.18.110 Violation—Penalty A Any person violating this chapter shall be guilty of a misdemeanor, punishable by a fine not exceeding$1,000 00 or by imprisonment in the county jail for a period not to exceed six months, or by both fine and imprisonment Each day that a violation of this chapter 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 48 hours C A person or entity that violates this chapter 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 (3849-1/10) 14.18.120 Severability 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 is declared invalid (3849-1/10) View the mobile version http //www gcode us/codes/huntingtonbeach/view php?topic=mutucipal_code-14-14_18&s . 6/22/2015 7/6/2015 WRK A Amendments to Water Conservation Ordinance Huntington Beach Municipal Code 14.18 City Council Meeting July 6, 2015 rim Governor's Executive Orders • State is in the fourth year of the drought. • January 17, 2014 Governor proclaimed a statewide drought emergency. • April 25, 2014 - Governor proclaimed a Continuing State of Emergency due to the drought. • April 1, 2015 - Governor directed the State Water Board to implement mandatory water reductions in urban areas to reduce potable urban water use by 25 %statewide. • May 5, 2015 - State Water Resources Control Board adopted emergency drought regulations,which became effective on May 15, 2015 SUPPLEMENTAL COMMUNICATION hating Date, —2--—6 Agenda item 7/6/2015 - foo �- �u _. I I III IIIIdllriwl - ' to Mandated Re i6 g r etsm for Huntington Beach • Huntington Beach mandated to reduce water production 20%, beginning June i, 2oi5 through February 2oi6, compared to the same period m 2oi3. • Reduction tier based upon residential gallons per capita daily use of iog.o (July-September 2oi4) • Required reduction = 1,5oi,3o8,314 gallons, equivalent to 22 gallons savings per person per day. • Failure to meet these reductions could result in fines of up to $io,000 per day 3 IIIIIIII p,ll�, �_ 6h�dlp'I,Ip _ VVk6i,ilm lu, �'—""I"�I!NNi - e at- e Wer oar a n a Impacts to all Water Agencies • Prohibits the irrigation of turf on public street medians with potable water. • Prohibits automated irrigation during and within 48 hours following measurable precipitation. • Recommends all cities adopt two day a week watering schedule. 4 2 7/6/2015 j -` Ctof Huntington nti n ton Beach Actions Y g • Declared Level i Water Shortage on August 18, 2014 • Declared Level Z Water Shortage on May 18, 22015 • In order to comply with the State Water Resources Control Board's emergency drought regulations, which became effective on May 15, 2015, the City Council Adopted Emergency Ordinance No. 4060 on May 18, 2015, amending the Water Management Plan • The Emergency Ordinance will expire on September 16, 2015 (12o days after adoption) +ANhi,,ou11 — Q -— pOdhi„dno rt'"Y ©fir first ,r Bq1 h..r 111 ^d bl, '-=--v - rnanent Water Restrictions • No irrigation between 9•0o a.m. and 5:00 p.m. • No more than 15 minutes per irrigation station. • No excessive water flow or runoff • Washing of vehicles requires hand-held bucket or an auto shut-off nozzle • Washing down hard surfaces is prohibited. • Water fountains or decorative water features are required to use recirculation systems. • Restaurants are to serve drinking water only upon request. • Commercial lodging establishments must provide guests the option to decline daily linen services. • Commercial car washes may not install non-recirculating water systems. 6 3 7/6/2015 �■��(�■-(���[���'y�-.p�. ■ e s�® i 11IIG I'oY__ VY,II I I��^ (Adopted May 18, 2015) • All plumbing system leaks must be repaired within 48 hours. • Use of automated irrigation systems is limited to two (2) days per week in April through October, and one (1) day per week in November through March. • Filling or re-filling ornamental lakes or ponds is prohibited, except to the extent needed to sustain aquatic life. • Initial filling of swimming pools and/or spas permitted only if a cover is in place; refilling permitted only to fix a leak or for health or safety reason. „ = 41111 11P� _ - -III 72 n es to Water ~ana errient g g Program Permanent Restrictions: • Prohibit irrigation during or within 48 hours of a measurable rain event. • Limit the amount of irrigation time from current limit of 15 minutes per station to no more than io minutes per station. Level Restrictions: • Allow initial filling of new pools and spas provided that an appropriate cover is in place to minimize evaporation. • Allow refilling of existing pools and spas if a leak was repaired and/or to address a health or safety concern. 4 7/6/2015 N''°aulVIII'lil _ ''i1im'I 'd &Ip'i hlx,, idyll, °� y�-- '"8mllmliiullui�i Staff Recommendation • Adopt Ordinance 4o63 amending Chapter 14.18 of the Huntington Beach Municipal Code relating to the Water Management Program, by making the amendments of Emergency Ordinance 4o6o permanent. _Iji� mil �All s Questions? 5 7/6/2015 -f-pv�el 1 Restrictions (Adopted August 18, 2014) • All plumbing system leaks must be repaired within 72 hours. • Use of automated irrigation systems is limited to three (3) days per week in April through October, and two (2) days per week in November through March. ll 6