HomeMy WebLinkAboutOrdinance #4233 ORDINANCE NO. 4233
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 14.18 OF THE HUNTINGTON BEACH MUNICIPAL
CODE WATER MANAGEMENT PROGRAM
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 14.18 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
14.18.010 Title
This Chapter will be known as the Water Shortage Contingency Response.
SECTION 2. Section 14.18.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
14.18.020 Purpose and Intent
A. The purpose of this chapter is to establish a water conservation and supply
shortage program that will reduce water consumption within the City of Huntington
Beach through conservation, enable effective water supply planning, 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. In part, this chapter establishes permanent water conservation standards intended
to alter behavior related to water use efficiency at all times and further establishes six
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.
C. Pursuant to California Water Code Section 10632.1, the City is required to submit
a water shortage assessment "report"to the California Department of Water Resources by
July 1 of each year.
D. In addition, in accordance with the California Water Code requirements related to
water shortage contingency planning, as part of the 2020 Urban Water Management Plan
(UWMP) effort, the City is required to submit a 2020 UWMP Water Shortage
Contingency Plan (WSCP) and an Adopted 2020 Water Shortage Contingency Plan (a
standalone document from the 2020 UWMP but appended to the 2020 UWMP for
submittal).
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E. Based on local agency's legal requirement to implement actions within the 2020
WSCP, MWDOC and Arcadis/MWM have prepared a Model Water Shortage
Contingency Response Ordinance which is the basis for this Ordinance amendment.
SECTION 3. Section 14.18.041 of the Huntington Beach Municipal Code is hereby
added to read as follows:
14.18.041 Procedures for Determination of Water Supply Shortage and Level
Implementation:
A. The City of Huntington Beach will follow the written decision-making process
defined in the Water Shortage Contingency Plan (WSCP) to assess water supply
reliability on an annual basis.
B. City of Huntington Beach Staff will determine if a water shortage exists based on
the water shortage criteria and stages defined in the WSCP.
C. In the event a water shortage is triggered according to the procedures and conditions
defined in the adopted WSCP, the City Manager will declare a shortage according to the
defined water shortage levels in the WSCP.
D. The public will be informed of the shortage according to the Procedures and
Protocols for Communication identified in Section 14.18.042.
E. When the City Manager determines that a sudden event has, or threatens to,
significantly diminish the reliability or quality of the City of Huntington Beach water
supply, the City Manager may declare a catastrophic water supply shortage and impose
whatever emergency water allocation or conservation actions deemed necessary, in the
City Manager's professional judgment, to protect the reliability and quality of the City of
Huntington Beach water supply, until the emergency passes or the City takes other
action.
SECTION 4. Section 14.18.042 of the Huntington Beach Municipal'Code is hereby
added to read as follows:
14.18.042 Procedures and Protocols for Communication
Upon declaration of a Water Shortage, the City Manager will determine the proper
mechanism to inform, all relevant stakeholders, such as customers, the public, interested
parties, and local, regional, and state governments, of the effective date of the water
shortage response actions associated with the relevant stage according to the
communication procedures identified in the City of Huntington Beach WSCP, including:
A. Any current or predicted shortages as determined by the annual water supply and
demand assessment.
B. Any shortage response actions triggered or anticipated to be triggered by the
annual water supply and demand assessment.
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C. Any other relevant communications.
SECTION 5. Section 14.18.050 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
14.18.050 Permanent Water Conscrvation 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 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 irrigating of any lawn,
landscape or other vegetated area in a manner that causes or allows excessive water flow
or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited.
D. No Washing Down Hard or Paved Surfaces. Washing down hard or paved
surfaces, including, but not limited to, sidewalks, walkways, driveways, parking areas,
tennis courts, patios or alleys, is prohibited except when necessary to alleviate safety or
sanitary hazards, and then only by use of a hand-held bucket or similar container, a hand-
held hose equipped with a positive self-closing water shut-off device,a low-volume,
high-pressure cleaning machine equipped to recycle any water used, or a low-volume
high-pressure water broom.
E. 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.
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G. Drinking Water Served Upon Request Only. Eating or drinking establishments,
including, but not limited to, a restaurant, hotel, caf6, cafeteria, bar, or other public place
where food or drinks are sold, served,or offered for We, are prohibited from providing
drinking water to any person unless expressly requested.
H. 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.
I. 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.
J. 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.
K. 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.
L. 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.
M. 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.
N. 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.
O. Indiscriminate Use. No person shall cause or permit the indiscriminate running
of water not otherwise prohibited above which is wasteful and without reasonable
purpose.
P. Public Health and Safety. These regulations shall not be construed to limit water
use which is immediately necessary to protect health and/or safety.
Q. 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.
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R. 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.
SECTION 6. Section 14.18.060 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
14.18.060 Correlation between City of Huntington Beach Water Supply Shortage
Levels and DWR Water Supply Shortage Levels.
The City Manager is authorized to require or impose reductions in the use of water if
such reductions are necessary to comply with Water Supply Shortage conditions as
defined in the City of Huntington Beach Water Shortage Contingency Plan.
The shortage response actions must align with each Level of Water Supply Shortage that
are defined in the WSCP and include, at a minimum, all of the following:
A. Locally appropriate supply augmentation actions.
B. Locally appropriate demand reduction actions to adequately respond to shortages.
C. Locally appropriate operational changes.
D. Additional, mandatory prohibitions against specific water use practices that are in
addition to state-mandated prohibitions and appropriate to the local conditions.
E. For each action, an estimate of the extent to which the gap between supplies and
demand will be reduced by implementation of the action.
F. Each elevated shortage level will include the elements of the previous shortage
level(s), including the mandatory restrictions on water waste detailed in the WSCP, and
each elevated shortage level is intended to be more restrictive than the previous level(s).
G. As deemed necessary, an allocation of water supply under a water supply
emergency condition beyond WSCP defined actions, may be implemented when water
supply conditions dictate necessity.
SECTION 7. Section 14.18.070 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
14.18.070 Procedures for Monitoring Compliance and Reporting to the State
In order to ensure compliance with state reporting requirements and to customer
compliance, the City will ensure the collect, track, and analyze relevant data per the
procedures defined in the WSCP.
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SECTION 8. Section 14.18.080 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
14.18.080 Reevaluation and Improvement Process of Water Shortage Procedures
To ensure water shortage risk tolerance is adequate and appropriate water shortage
mitigation strategies are implemented as needed, the WSCP will be reviewed and
evaluated as defined by the procedures identified in the WSCP.
SECTION 9. Section 14.18.90 of the Huntington Beach Municipal Code is hereby
Amended to read as follows:
14.18.090 Exemption from California Environmental Quality Act
The City of Huntington Beach finds that this chapter and actions taken hereafter pursuant
to this chapter are exempt from the provisions of the California Environmental Quality
Act of 1970 as specific actions necessary to prevent or mitigate an emergency pursuant to
Section 15307 of the CEQA Guidelines.
SECTION 10. 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 1J day of 2021.
4r-'-Y'or
ATTMINU
�rj: �JIZG APPROVED AS TO FORM:
jD
erk / amity Attorney I —
VI APP VED: INITI D AND APkAOYM
City Manage Dire or ot Public Work
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Ord. No. 4233
STATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, 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 six; that the foregoing ordinance was read to said City Council at a
Special meeting thereof held on June 1,2021,and was again read to said City Council at
a Regular meeting thereof held on June 15,2021, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Peterson, Delgleize, Carr, Posey, Moser, Kalmick
NOES: None
ABSENT: None
ABSTAIN: None
1.Robin Esunisl CITY CLERK of the Cn)of Huntington
Bach intd exofficio Clerk of the City Council,do hercb}
ccrn6 thin a stnopsis of this ordinance has been published in
the Orange County Register on loot 23,2021.
In accordngc with the City Chang of said City
Robin Estanislau,City Clerk City Clerk and ex-officio Clerk
Dcyuty City Clerk of the City Council of the City
of Huntington Beach, California