Loading...
HomeMy WebLinkAboutOrdinance 4022 amending Chapter 14.18 of the Huntington Beac I Imo' -firs <, C Dept. ID PW 14-017 Page 1 of 3 Meeting Date:4/7/2014 ,,�go,,Qo--�,,�/a r�Qad u,CTio•J �-D CITY OF HUNTINGTON BEACH �= 8a ,� ; REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 4/7/2014 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. 4022 amending Chapter 14.18 of the Huntington Beach Municipal Code (HBMC) relating to the Water Management Program Statement of Issue: Chapter 14.18 of the Municipal Code sets forth the Water Management Program for the City. The City Council updated the Water Conservation Ordinance and Water Supply Shortage Plan on November 16, 2009. These amendments are being requested based on staff's experience in implementing the ordinance during the drought from 2009 to 2011, as well as feedback from other agencies and organizations. The requested changes are to the permanent water conservation requirements and to the Level I Shortage restrictions. 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. 4022, "An Ordinance of the City of Huntington Beach Amending Chapter 14.18 of the Huntington Beach Municipal Code Relating to the Water Management Program." Alternative Action(s): Do not adopt the amending ordinance and keep the current Water Management Program. Analysis: The City Council adopted an updated Water Management Program on August 4, 2008, in response to pending regional water supply shortages. Since that time the Metropolitan Water District of Southern California (MWD), the City's imported water supplier, created a model water management ordinance and made certain conservation program funding contingent upon member water retailers adopting an ordinance meeting their established criteria. The City updated the Ordinance on November 16, 2009. This update is being requested to clarify certain provisions of the Ordinance and address items that have become standard practice since the previous update. Current permanent water conservation requirements Include: • Reduce interior and exterior uses of water whenever possible to prevent water waste. Item 16. - 1 HB -392- Dept. ID PW 14-017 Page 2 of 3 Meeting Date:4/7/2014 • Prohibit the washing of concrete and other hard surfaces, including driveways, walkways and parking areas, except as required to maintain health or safety, unless a cleaning machine equipped to recycle water is used. • Require automatic cut-off valves on hoses or use of a bucket when washing vehicles or other items outside. • Turn off decorative fountains, ponds, lakes and pools unless a water recycling system is used. Eliminate draining and refilling of decorative ponds and fountains unless necessary for health and safety reasons. • Encourage installation of pool and spa covers to minimize water loss due to evaporation. Discourage draining and refilling of pools and spas unless necessary for health and safety reasons. • Regulate irrigation of residences, golf courses, cemeteries, government, public and commercial facilities landscape areas. • Schedule irrigation times between 7:00 p.m. and 9:00 a.m. Reduce irrigation times or frequency by 50% where possible. • Adjust sprinklers and irrigation systems to avoid over-spray, run-off and waste. Do not allow water to run off landscaped areas into adjoining streets, sidewalks, parking lots or alleys. • Encourage the installation of low-water-using plants combined with hardscape materials and energy-efficient irrigation systems when installing or replacing landscapes; discourage replanting, if possible. • Restaurants shall serve drinking water only upon request. • Evaluate necessity or frequency of high-water-using activities, such as window washing, exterior walls or other nonessential cleaning. • Retrofit indoor plumbing fixtures with low-flow devices if appropriate; encourage low-water- using fixtures when replacing existing fixtures. • Check faucets, toilets, pipes, irrigation systems and meters for leaks and repair immediately. The changes for permanent water conservation requirements being requested are as follows: • Banning the use of potable water for compacting or other dust control purposes in construction activities when a non potable source of water is available. The ordinance also requires that hoses used in construction be equipped with an automatic shut-off nozzle. • Requires the establishment of a hydrant meter account or written approval from the Director of Public Works for use of a City hydrant for purposes other than firefighting or emergency aid. • Bans the indiscriminate use of water. NB -;9;- Item 16. - 2 Dept. ID PW 14-017 Page 3 of 3 Meeting Date:4/7/2014 • Specifies that no part of the ordinance shall limit water use needed to protect health and safety. Current restrictions during a Level I Water Shortage are: • Limits irrigation of lawn, landscape or other vegetated areas with potable water to one day per week between November and March; three days per week from April to October. • Requires all leaks, breaks or other malfunctions be repaired within 72 Hours. The change for Level I Water Shortage restrictions being requested is: • Allows two days of watering per week between November through March rather than one day. Enforcement of the ordinance is performed with existing Utilities Division customer service and water conservation staff. 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: Improve the City's infrastructure Attachment(s): 1. Ordinance No. 4022 Amending Chapter 14.18 of the Huntington Beach Municipal Code Relating to the Water Management Program 2. Legislative Draft of Ordinance No. 4022 Amending Chapter 14.18 of the Huntington Beach Municipal Code Relating to the Water Management Program Item 16. - 3 HB -3194- ATTACHMENT # 1 ORDINANCE NO. 4022 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 14.18 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO THE WATER MANAGEMENT PROGRAM The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. 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 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 (ten) 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 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. 08-1626.001/78407 1 Ordinance No. 4022 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 (5) 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 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. 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 those in use. 08-1626.001/78407 2 Ordinance No. 4022 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. SECTION 2. 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 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 (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. 08-1626.001/78407 3 Ordinance No. 4022 SECTION 3. 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: 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 (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. 08-1626.001/78407 4 Ordinance No. 4022 5. Limits on Filling Residential Swimining 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 4. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21st day of April , 2014. &- k-epa-e- =yO_ ATTEST: APPROVED AS TO FORM: ity Cleric ,, J Cit Attorney J REVIE A D APPROVED: INITIATED AND APPROVED: ty ager Director of Pub c Works 08-1626.001/78407.doc 5 Ord. No. 4022 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITE'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 April 7, 2014, and was again read to said City Council at a Regular meeting thereof held on April 21,2014, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AWES: Katapodis, Hardy, Shaw, Harper, Boardman, Sullivan, Carchio 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 May 1,2014. In accordance with the City Charter of said City Joan L. Flynn, City Clerk Ci lerk and ex-officio Jerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT LEGISLATIVE DRAFT Dk4. -W Chanter 14.18 WATER MANAGEMENT PROGRAM (3104-4/91,3810-9/08, 3849-1/10) Sections: 14.18.010 Title 14.18.020 Purpose and Intent 14.18.030 Definitions 14.18.040 Application 14.18.050 Permanent Water Conservation Requirements—Prohibition Against Waste 14.18.060 Level 1 Water Supply Shortage 14.18.070 Level 2 Water Supply Shortage 14.18.080 Level 3 Water Supply Shortage—Emergency Conditions 14.18.090 Procedures for Determination and Notification of Water Supply Shortage 14.18.100 Hardship Waiver 14.18.110 Violation—Penalty 14.18.120 Severability 14.18.010 Title. (3104-4/91,3849-1/10) 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. (31044/91, 3849-1/10) 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. (3104-4/91,3849-1/10) 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. (3104-4/91, 3849-1/10) a. For purposes of this Chapter, the following words and phrases shall have the meaning hereafter set forth unless a different meaning is clearly Item 16. - 9 HB -400- 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. (3104-4/91,3849-1/10) 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. (3104- 4/91, 3849-1/10) 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. (3104-4/91, 3849-1/10) 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. (3104-4/91,3849-1/10) 4. "Single pass cooling systems" means equipment where water is circulated only once to cool equipment before being disposed. (3104-4/91, 3849-1/10) 5. "Potable water" means water which is suitable for drinking. (3104-4/91, 3849-1/10) 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. (3104-4/91, 3849-1/10) 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. (3104-4/91, 3849-1/10) 14.18.040 Application. (3104-4/91,3849-1/10) a. The provisions of this chapter apply to any person in the use of any potable water provided by the City of Huntington Beach. (3104-4/91,3849- 1/10) 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. (3104-4/91, 3849-1/10) C. The provisions of this chapter do not apply to the use of recycled water, with the exception of Section 14.18.050(a). (3104-4/91, 3849-1/10) 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. (3104- 4/91,3849-1/10) H 13 -q 01- Item 16. - 10 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. (3104-4191,3849-1110) 14.18.050 Permanent Water Conservation Requirements—Prohibition Against Waste. (3104-4/91,3810-9/08,3849-1110) 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. (3104-4/91,3810-9/08, 3849-1/10) 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 hand water-shut ^ffn^"'e or a Meehand 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 (ten) feet, if such sprinkler causes no overspray or runof i-se of., hand water-shut ff nozzleer-devieo �. (3104-4/91, 3810-9/08,3849-1/10) 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. (3104- 4/91,3810. 9/08,3849-1/10) 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. (3104-4/91, 3810-9/08,3849-1110) 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. (3104-4191.3810-9108,3849-1110) 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 Item 16. - I 1 H B -402- escape of water should have reasonably been discovered and corrected and in no event more than seven(7)five 5===(=j days of receiving notice from the City of Huntington Beach, is prohibited. (3104-4/91,3810-9/08, 3849-1/10) 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. (31044/91,3810-9/08, 3849- 1/10) 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. (3104-4/91, 3810-9/08, 3849- 1/10) 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. (3104-4/91, 3810-9/08, 3849-1/10) 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. (3104-4/91, 3810-9/08, 3849-1/10) 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. (3104-4/91, 3810-9/08,3849-1/10) 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. (3104-4/91, 3810-9/08, 3849-1/10) 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. (3104-4/91, 3810-9/08, 3849-1/10) 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. (3104-4/91, 3810-9/08, 3849- 1/10) HB -403_ Item 16. - 12 n. Construction: (1) No potable water maybe used for compacting or dust control Moses 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 automatics nozzle can be purchased or otherwise obtained for the size or type of those 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 pumose. Public Health and Safety: These regulations shall not be construed to limit water use which is immediately necessary to protect health and/or safety. 14.18.060 Level 1 Water Supply Shortalle. (3104-4/91, 3849-1/10) 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. (3104-4/91,3849-1/10) 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: (3104-4/91,3849-1/10) 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 enetwo 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 (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 Item 16. - 13 HB -404- 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. (3104-4/91,3849-1/10) 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 seventy-two (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) 14.18.070 Level 2 Water Supply Shortage. (3104-4/91,3849-1/10) 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. (3104-4/91, 3849-1/10) 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: (3104-4/91,3849-1/10) 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 (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. (3104-4/91,3849-1/10) 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 forty-eight (48) 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) uB -405- Item 16. - 14 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. (3104-4/91, 3849-1/10) 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. (3104-4/91,3849- 1/10) 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. (3104-4/91, 3849-1/10) 14.18.080 Level 3 Water Supply Shortage—Emergency Condition. (3849-1/10) 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. (3849-1/10) 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: (3849-1/10) 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: (3849-1/10) 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; (3849-1/10) ii. Maintenance of existing landscape necessary for fire protection; (3849-1/10) Item 16. - 15 HB -406- iii. Maintenance of existing landscape for soil erosion control; (3849-1/10) iv. Maintenance of plant materials identified to be rare or essential to the well-being of protected species; (3849-1/10) 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); (3849-1/10) vi. 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 twenty-four (24)hours of notification by the City of Huntington Beach unless other arrangements are made with the City of Huntington Beach. (3849- 1/10) 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: (3849-1/10) 1. A valid, unexpired building permit has been issued for the project; or (3849-1110) 2. The project is necessary to protect the public health, safety, and welfare; or (3849-1/10) 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. (3849-1110) 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. (3849-1110) 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 1113 -407- Item 16. - 16 public health, safety and welfare, or in cases which meet the City of Huntington Beach's adopted conservation offset requirements. (3849-1/10) 4. Discontinue Service: The City of Huntington Beach, in its sole discretion, may discontinue service to consumers who willfully violate provisions of this section. (3849-1/10) 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 Supply Shortalze. (3849-1/10) 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. (3849-1/10) 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. (3849-1/10) 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. (3849-1/10) Item 16. - 17 HB -408- 14.18.100 Hardship Waiver. (3849-1/10) 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. (3849-1/10) 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. (3849-1/10) 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. (3849-1/10) 2. Supporting Documentation: The application must be accompanied by photographs, maps, drawings, and other information, including a written statement of the applicant. (3849-1/10) 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: (3849-1/10) i. That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses; (3849-1/10) 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; (3849-1/10) 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 (3849-1/10) 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 NB -409- Item 16. - 18 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. (3849-1/10) 14.18.110 Violation —Penalty. (3849-1/10) 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. (3849-1/10) 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. (3849-1/10) 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. (3849-1/10) 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 SeverabilitV. (3849-1/10) 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. (3849-1/10) Item 16. - 19 HB -4 10- 4/9/2014 WATER MANAGEMENT PLAN UPDATE CITY COUNCIL MEETING APRIL 7, 2014 I�it �tl IM � ill al'��.,, Ili 14-�ii i r ltial IugVlu of l!I � �- ate� Managemen an • Review of Current Water Management Plan - Huntington Beach Municipal Code 14.18. • Proposed Amendments to Water Management Plan Z 1 4/9/2014 Auto • California Water Code 375 • Permits public entities to adopt and enforce a Water Management Program • Based on the need to conserve and to avoid or minimize the effects of future water shortages • Municipal Code 14A is Stages determined by the Director of Public Works • City Council directs City Manager to implement • Stage 1 implemented in March 20oq, rescinded June eon 3 _ a er Manage �= �grarn� • Permanent Conservation Measures • 3 levels based on rationing/shortage levels • Level 1 - lo%shortage • Leve12 - 10%-20% • Level 3 - 20% or more • Further actions/revise program if necessary 4 2 14 • Reduce interior and exterior uses of water whenever possible to prevent water waste. • Prohibit the washing of concrete and other hard surfaces, including driveways, walkways and parking areas, except as required to maintain health or safety, unless a cleaning machine equipped to recycle water is used. buc et when washing vehicles or other items outside. • Turn off decorative fountains, ponds, lakes and pools unless a water recycling system is used. Eliminate draining and refilling of decorative ponds and fountains unless necessai y For health and safety reasons. • Encourage installation of pool and spa covers to minimize water loss due to evaporation. Discourage draining and refilling of pools and spas unless necessary for health and safety reasons. • Regulate irrigation of residences,golf courses, cemeteries, government,public and commercial facilities landscape areas. • Prohibits irrigation between 9:oo a.m.and 5:00 p.m. Reduce irrigation times or frequency by 50%where possible. • Adjust sprinklers and irrigation systems to avoid over-spray, run- off and waste. Do not allow water to run off landscaped areas into adjoining streets, sidewalks, parking lots or alleys. IF M 14 hardscape materials and energy-efficient irrigation systems when installing or replacing landscapes;discourage replanting, if possible. • Restaurants shall serve drinking water only upon request. • Evaluate necessity or frequency of high-water-using activities, such as window washing, exterior walls or other nonessential cleaning. • Retrofit indoor plumbing fixtures with low-flow devices if appropriate; encourage low-water-using fixtures when replacing existing fixtures. • Check faucets, toilets,pipes, irrigation systems and meters for leaks and repair immediately. • Limits irrigation of lawn, landscape or other vegetated areas with potable water to: • One day per week From November through March • Three days per week from April through October • Requires all leaks, breaks or other malfunctions be repaired within 72hours. • Encourage the installation of low-water-using plants combined with 4/9/2014 I =�� Amendments o ' er` Management Plan • Last Updated November zoo9 ® Recommendations made due to: • Staff experience in implementing ordinance from 2009 to 2011 • Interactions with outside agencies and organizations 9`y�'- `� Proposed Amendments To the Ordinance • Banning the use of potable water for compacting or other dust control purposes in construction activities when a non potable source of water is available. The ordinance also requires that hoses used in construction be equipped with an automatic shut- off nozzle. • Requires the establishment of a hydrant meter account or written approval from the Director of Public Works for use of a City hydrant for purposes other than firefighting or emergency aid. • Bans the indiscriminate use of water. • During a Level I Water Supply Shortage,allows two days of watering between November through March rather than one day. o 5 4/9/2014 E:. rce Drou _ y • January 17, 2014 Governor Brown declares statewide proclamation of drought emergenc and asked everyone to voluntarily reduce their water use by ao/o • February u, 2014 MWD adopted a Water Supply Alert Resolution • February 19, 2014 MWDOC adopted similar resolution calling for cities, counties and retail water agencies to adopt conservation measures including adopting local drought ordinances. • South County Water Agencies (South Coast Water District, San Clemente,Moulton Niguel, Laguna Beach County Water District, El Toro Water District, San Juan Capistrano, Rancho Santa Margarita and Trabuco Canyon Water District) have all moved to Level 1 restrictions. These agencies have no access to the OC Groundwater Basin. • April 1- MWD began radio sots reminding consumers to conserve water. Spots to continue until end of May. If Huntington _South n Cai.(omty has invest d mcr e than M billion ir. eun-ervation and 9uzr:s+,upply projecIs.siren 19,'5 Beach ; l t t I _ ti -7 Y residents , E* are doing a Million +$2.5$91tan a.75 ffimn sl s awi4n 15811 62 d=iJWL (eFW MVN 3tui6Pa[a Oµ',11w u'I Nilh.-§ffidiel floa�'el g job'ob in a ° z = Conservation All Stars �, + conserving 75 LOnr�«°° 174 song Bach . [27 Naintingmit$°nth _ r.. Water! 1 'ale OI3Lj s50 so s� ixE o s9 2010 h cn tt- t86 f31(1nw �u�.c iurra 3+.Y Yi 1 s.sa Y7ticu^48se Her, tz 6 14 MWDOC.com/rebates • Smart Timer Irrigation 0 Soil Moisture Sensor • Irrigation nozzles - $4 ea. station for larger • Clothes Washers— start at $ 85 properties 13 erc MWDOC.com/rebates • Smart Timer Irrigation 0 Urinals - $200 Controllers— up to $380 0 Soil Moisture Sensor or $25 per station System - $25 per station • Irrigation nozzles - $4 ea. 0 Rain Barrels - $75 • Air-Cooled Ice Machines 14 4�k 6x ,:11PT P 1": 4/9/2014 n ra • A water science educational program provided by MWDOC and presented by the Discovery Science Center. H.B. Water Conservation is sponsoring the program for 7,640 students in Huntington Beach. • Children's Water Festival held at UCI - A 2-day event with 7,000 children from Orange County including students from Huntington Beach. 15 r, - E- o r a,n Water Conservation Outreach • Fitness Center Retrofits • Toilets- rebates were$ioo, now$300 • Urinals-rebates were$ioo, now$500 • School Districts and Golden West College • Low Flow Showerheads* • Replace Toilets • HONs • Existing Residential Rebates • MWD's New Program for Free Water Smart Landscape Surveys • Public Spaces (coming soon) • Water Smart Landscape Program Landscape Retrofits on Irrigation Systems and Turf Removal for School Districts and Parks *Rebates No longer Available-Possible City Funding 16 8 4/9/2014 . jo j 1,91 aat i o Apt i • California Friendly Landscape Classes (3-part Series) - 1)Design, 2)Soils and Plants, 3)Irrigation Systems, Watering & Garden Maintenance • Bill Inserts - Rebates, Events • OC Garden Friendly Event at Home Depot • Rainwater Harvesting Classes • National Mayor's Challenge - Wyland Foundation • Surf City Nights „� � � Vim. �. �f�� ,,,�-•. f " r Iol 17 r� I - „-.HIBMSWruai� - — • Children's Water Education Festival at UCI • Shipley Nature Center- Children's Program • Water Summit at Disneyland's California Adventure Hotel • Duck-A-Thon - Water Conservation Info Booth • Green Expo - Water Conservation Info Booth • Shipley Nature Center - Buy One Get One Plant Sale • Green Expo - Water Conservation Info Booth y � _ 9 4/9/2014 u � • April 26th - Free Children's Program ii a.m. to 2 P.M. • Sept. 27t' - Buy One Get One Free Plant Sale • Demonstration Garden • Hours: Mon. - Sat. 9 a.m - i p.m. • Website: www.shipleynature.org 19 «�z.w�i toc�nnn NATIONAL MAY=)R'S CHALLENGE FOR V ATERC.GNSERVATIJN--APRIL1-30,7014 �y,�°sae �-• <<�, --:y u _ TOYOTA ;e3 ' Pattwuar.9taanCe®laas'k'� ,- I, K<�.w.rr, 8L".�T3 www mywaterpled eg com zo 10 4/9/2014 H l aril 'ree L81 55 _ s = June 14 9 a.m. -noon-Landscape Design July 12 9 a.m. -noon-Soils, Fertilizers&Plants `Y Aug.9 9 a.m.-noon-Irrigation Systems, 7 Watering&Garden Maintenance , c Classes hosted by the Utilities Division Water Conservation Section Location: Utilities Yard igooi Huntington St. == 9 a.m.to Noon To Register, log on to: 'u www.huntingtonbeachca.govlhbwater/workshop-events/ Or call: 714-53 59 6- al 21 _ oil F;r T - Harvests osted by the H.B. Utilities Division) Date: April lath, 2014 Time: 3 to 4 p.m.,pick-up 4 p.m. to 5 p.m. Location: Utilities Yard-igooi Huntington St. To Register: Please contact Cindy(919) 602-6316 340 Rain Barrels Sold This Year ; ul v Rain Barrels are available for$85 ,i (Rebates of$75 are offered by the Metropolitan Water District) Purchases must be made in advance by April loth at www.RainBarrelslntl.com - 11 4/q/J014 Water Conservation Coordinator Email: sfranklin(gsudgity-hb.org 23 at Home Depot wYour,G6rd' I AT Contact: Sylvia Franklin Ave I Pi sraterAv TO km- iq� CA 24 � 12