HomeMy WebLinkAbout18 - Amendment to Water Conservation OrdinanceCTY OF
F
NEWPORT BEACH
City Council Staff Report
May 12, 2015
Agenda Item No. 18
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: George Murdoch, Acting Municipal Operations Department Director - (949) 644-
3011, gmurdoch @newportbeachca.gov
PREPARED BY: Rachell Wilfert
PHONE: (949) 644 -3010
TITLE: Amendment of Water Conservation Ordinance
ABSTRACT:
On March 27, 2015, the State Water Resources Control Board readopted an emergency regulation to keep
in effect water conservation regulations. In order to comply with these regulations the City's Municipal Code
14.16, Water Conservation, needs to include additional language. In addition, customer feedback during
our current Level One water requirements has indicated some refinements are needed. These changes are
included in this amendment.
RECOMMENDATION:
a) Review and approve changes to Newport Beach Municipal Code 14.16, Water Conservation and
Supply Level - Regulations.
b) Introduce Ordinance No. 2015 -14, An Ordinance of the City Council of the City of Newport Beach,
California, Amending the Newport Beach Municipal Code to Amending Chapter 14.16 of the Newport
Beach Municipal Code Pertaining to Water Conservation and Supply Level Regulations, and pass to
second reading on May 26, 2015.
FUNDING REQUIREMENTS:
No new funding is required to implement this change.
DISCUSSION:
Background
On March 27, 2015, the State Water Resources Control Board readopted emergency regulations to keep in
effect water conservation requirements throughout California. While the City's current water conservation
ordinance language complies with the majority of these regulations, there are areas that need revision.
Additionally, staff is also clarifying language regarding ornamental water fixtures and pools. There are more
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than 3,000 swimming pools in Newport Beach and staff understands from customer feedback that allowing
pools to fall below a certain level can cause mechanical issues that affect water quality. The changes to
the ordinance provide an incentive to customers to fix pool leaks that lead to water loss while allowing
healthy pools to function properly.
Lastly, as we have just recently seen, the State or other regulatory agencies may impose laws or
regulations beyond what is covered in our Municipal Code. Staff has added a section to address these
circumstances.
Ordinances Changes
Under Section 14.16.040, Permanent Mandatory Conservation Requirements, the following underlined text
will be added.
E. No customer shall use potable water to irrigate lawns, groundcover, shrubbery or other ornamental
landscape material during, and within 48 hours after measurable rainfall.
P. No person shall water with potable water the landscapes outside of newly constructed homes and
buildings in a manner inconsistent with regulations or other requirements established by the California
Building Standards Commission.
Under Section 14.16.070, Level Two Mandatory Water - Conservation Requirements, the following shall be
amended. In the below, italics designates deletions and underline additions.
F. No customer may use potable water to fill or refill by more than one foot six inches a residential
swimming pool or outdoor spa more than once every other a week.
Under Section 14.16.080, Level Three Mandatory Water- Conservation Requirements, the following
underlined text will be added.
E. No customer may use potable water to fill or refill an ornamental lake, pond, or fountain, more than once
F. No customer may use potable water to fill or refill by more than three inches a residential swimming
pool or outdoor spa more than once a week.
Section 14.16.130, State Regulations, will be added to NBMC 14.16 which states:
A. In the event that the Governor of the State of California proclaims a State of Emergency and thereby
issue orders or other general laws that mandate adoption of regulations by the State Water Resources
Control Board and /or water conservation efforts by Customers. It is a violation of this Section for any
Customer to violate any such emergency order or general law lawfully adopted by the State of California.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental Quality Act
( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in
Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at
which the City Council considers the item).
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ATTACHMENTS:
Description
Attachment A - Ordinance - Redline
Attachment B - Ordinance
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ATTACHMENT A
ORDINANCE NO. 2015-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA AMENDING CHAPTER 14.16 OF
THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO
WATER CONSERVATION AND SUPPLY LEVEL REGULATIONS
The City Council of the City of Newport Beach, California, HEREBY ORDAINS as follows:
SECTION 1: Chapter 14.16 of the Newport Beach Municipal code is hereby amended to read as
follows:
Chapter 14.16
WATER CONSERVATION AND SUPPLY LEVEL REGULATION
14.16.010 Findings and Purpose.
14.16.020 Definitions.
14.16.030 Applicability.
14.16.040 Permanent Mandatory Water - Conservation Requirements.
14.16.050 Procedure for Declaration of Water Supply Shortage; Continued
14.16.060 Monitoring of Conditions.
14.16.070 Level One Mandatory Water - Conservation Requirements.
14.16.080 Level Two Mandatory Water- Conservation Requirements.
14.16.090 Level Three Mandatory Water- Conservation Requirements.
14.16.100 Level Four Mandatory Water- Conservation Requirements.
14.16.110 Exemptions.
14.16.120 Relief from Compliance. Enforcement.
14.16.130 State of Emergency
Section 14.16.010 Findings and Purpose.
A. The purpose of this chapter is to establish a Water Conservation and Supply Shortage
Program that, to the greatest extent possible, will reduce water consumption within the City
of Newport Beach, enable effective water supply planning, assure reasonable and
beneficial use of water, prevent waste of water, maximize the efficient use of water and
minimize the effect and hardship of water shortage.
B. The Water Conservation and Supply Shortage Program created by this chapter establishes
permanent water - conservation requirements intended to alter behavior related to water use
efficiency for non - shortage conditions and further establishes four levels of water supply
shortage response actions to be implemented during times of declared water shortage.
C. The City Council finds as follows:
1. A reliable minimum supply of water is essential to the public health, safety and welfare
of the people and economy of the Southern California Region.
2. Southern California is a semi -arid region and is largely dependent upon imported
am,
water supplies. A growing population, climate change, environmental concerns and
other factors in other parts of the State and western United States make the region
highly susceptible to water supply reliability issues.
3. Careful water management that includes active water conservation measures, not
only in times of drought but at all times, is essential to ensure a reliable minimum
supply of water to meet current and future supply needs.
4. Article X, section 2, of the California Constitution declares that the general
welfare requires that water resources be put to beneficial use, that waste or
unreasonable use or unreasonable method of use of water is prevented and
that conservation of water be fully exercised with a view to the reasonable and
beneficial use thereof.
5. Article XI, section 7 of the California Constitution declares that a city or county may
make and enforce within its limits all local, police, sanitary and other ordinances and
regulations not in conflict with general laws.
6. California Water Code section 375 authorizes a water supplier to adopt and enforce a
comprehensive water conservation program to reduce water consumption and
conserve supplies.
7. The adoption and enforcement of the Water Conservation and Supply Shortage
Program is necessary to manage the City's water supply in the short and long
term and to avoid or minimize the effects of a supply shortage within the City's
service area. Such a program is essential to ensure a reliable and sustainable
minimum supply of water for public health, safety and welfare.
8. Recycled water is supplied in various areas throughout the City to conserve potable
water. Recycled water, like potable water, must be used efficiently and is
therefore included in this Program.
Section 14.16.020 Definitions.
In this chapter, the following words and phrases shall have the following meanings
"Base amount" means a base amount of water usage per billing period to be determined
for each customer. For any particular billing period, the base amount shall be as indicated on
the customer's municipal services statement for the prior billing cycle. For customers occupying
premises for which the City's water billing history is more than three years, the base amount
shall be the three -year moving average, which is calculated by the City for each water customer.
For customers occupying premises for which the City's water billing history is less than three
years, the base amount shall be the estimate of the water usage per billing period of similar
premises and users. Notwithstanding the foregoing, in calculating the base amount, the base
amount shall exclude any billing periods during which water consumption restrictions were in
effect.
"Billing period" means the period of time for which the City calculates monthly water service rates
for a particular customer under section 14.12.020 of this code.
"City" shall mean the City of Newport Beach.
"City Council" shall mean the City Council of the City of Newport Beach.
"Commercial kitchen" means a facility containing a kitchen in which food is prepared for sale,
such as a restaurant, cafe, hotel, catering establishment, or other food preparation establishment.
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"Customer" shall mean any person using or receiving water service from the City. The term
"customer" shall not include a person receiving water service within the City from the Irvine Ranch
Water District or from the Mesa Consolidated Water District.
"Department of Public Health" shall mean the Orange County Department of Health.
"Excessive flow or runoff" shall mean frequent and /or large amounts of runoff from irrigation and /or
other outdoor water use.
"Fire Marshall" shall mean the City of Newport Beach's Fire Marshall or his or her designee.
"Fuel modification zone" shall mean combustible native or ornamental vegetation that has been
modified and partially or totally replaced with drought tolerant, fire retardant plants and maintained
per Fire Code guidelines.
"Implementation Plan" shall mean the plan developed by the Municipal Operations Director that
provides the resources (staffing and equipment) required to ensure the fair and timely execution of
these requirements, as well as a detailed execution strategy.
"Irrigate" means any exterior application of water, other than for firefighting purposes, including
but not limited to the watering of any vegetation whether it be natural or planted.
"Landscape irrigation system" means an irrigation system with pipes, hoses, spray heads, or
sprinkling devices that are operated by and /or through an automated system.
"MET" shall mean the Metropolitan Water District of Southern California.
"Person" shall have the meaning ascribed to it by section 1.08.120 of this code.
"Potable water" means water that is suitable for drinking and excludes recycled water from any
source.
"Premises" means a parcel of land, or portion of a parcel, including any improvements located
there, that are served by a City water meter.
"Recirculating" means the reuse of existing water, by means of capturing /containing water used,
then circulating back to point of origin.
"Recycled water" means the reclamation and reuse of non - potable water and /or wastewater for
beneficial use, such as irrigation.
"Safety /Sanitary hazards" means the condition that may cause or threaten to cause injury to any
person or persons.
"Single pass cooling system" means equipment where water is circulated only once to cool
equipment before being disposed.
"Municipal Operations Director" shall mean the Director of the City of Newport Beach's Municipal
Operations Department or his or her designee.
"Water" shall mean potable water and recycled water.
"Water- conserving kitchen spray valve" means a dishwashing spray valve that uses 1.6 gallons of
water or less per minute of use.
'Water conservation plan" means a plan submitted by a customer for the approval of the Utilities
Director, in conjunction with a request for an exemption or partial exemption, that proposes the
maximum feasible reduction in consumption.
"Water consumption restrictions" shall mean those provisions in this chapter that require
customers to reduce the amount of water consumed during a water supply shortage in relation to
the base amount.
"Water supply shortage" means the effective period of time during which the City Council, by
resolution adopted under section 14.16.050, has declared the existence of a water supply
shortage or threatened shortage. The City Council, depending on the severity of conditions, may
declare a Level One, Level Two, Level Three, or Level Four Water Supply Shortage.
Section 14.16.030 Applicability.
A. The provisions of this chapter shall apply to all persons using water in the
City.
B. For the purposes of this chapter, the use of water by a tenant, employee, agent, contractor,
representative or person acting on behalf of a customer, may, at the City's election, be
imputed to the customer.
Section 14.16.040 Permanent Mandatory Water- Conservation Requirements.
The following prohibitions and mandatory water - conservation requirements are effective at
all times, including during a Water Supply Shortage. Violations of this section will be considered
waste and an unreasonable use of water.
A. No customer shall use potable water to irrigate any lawn and /or ornamental landscape
area using a landscape irrigation system or a watering device that is not continuously
attended unless such irrigation is limited to no more than fifteen (15) minutes watering per
day per station.
1. This restriction does not apply to the following unless the City has
determined that recycled water is available and may be lawfully applied to the use.
a) Landscape irrigation systems that exclusively use very low -flow drip type
irrigation systems in which no emitter produces more than two (2) gallons of
water per hour or weather based controllers or stream rotor sprinklers that
meet a 70 percent efficiency standard.
B. No person shall use water to irrigate any lawn and /or ornamental landscape area in a
manner that causes or allows excessive flow or runoff onto an adjoining sidewalk,
driveway, street, alley, gutter or ditch.
C. No person shall use water to wash down hard or paved surfaces, including, but not
limited to, sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys,
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, or a low- volume, high- pressure cleaning machine (e.g.,
"water broom ") equipped to recycle any water used.
D. No person shall permit excessive use, loss or escape of water through breaks, leaks or
other malfunctions in the person's plumbing or distribution system for any period of time
after such escape of water should have reasonably been discovered and corrected and in
no event more than seven (7) days after receiving notice of the condition from the City.
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E. No customer shall use potable water to irrigate lawns, groundcover, shrubbery or
other ornamental landscape material during and within 48 hours after measurable a- rainfall
event.
F. By July 1, 2012, all landscape irrigation systems connected to dedicated landscape
meters shall include rain sensors that automatically shut off such systems during periods of
rain or include evapotranspiration systems that schedule irrigation based on climatic
conditions.
G. No customer shall operate a water fountain or other decorative water feature that does not
use a recirculating water system.
H. No customer shall use water to clean a vehicle, including but not limited to any automobile,
truck, van, bus, motorcycle, boat or trailer, whether motorized or not, except by use of a
hand -held bucket or similar container or a hand -held hose equipped with a positive self -
closing water shut -off nozzle or device.
1. This subsection does not apply to any commercial car washing facility.
I. Effective January 1, 2010, all new commercial conveyor car wash systems in commercial
car washing facilities shall be operational recirculating water systems.
J. By January 1, 2013, all commercial conveyor car wash systems in commercial car washing
facilities shall be operational recirculating water systems, or the customer must have
secured an exemption from this requirement pursuant to section 14.16.100.
K. Customers operating eating or drinking establishments, including but not limited to
restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drinks are
sold, served, or offered for sale, shall not provide drinking water to any person unless
expressly requested by the person.
L. Customers operating hotel, motel, and other commercial lodging establishments shall
provide persons the option of not having towels and linen laundered daily. Commercial
lodging establishments must prominently display notice of this option.
M. No customer shall install a new single pass cooling system in a building or premises
requesting new water service. This provision shall not prevent the replacement or repair of
single pass cooling systems that were installed prior to December 31, 2009.
N. Effective January 1, 2010, all new washing machines installed in commercial and /or
coin- operated laundries shall be ENERGY STAR® and CEE Tier III qualified. By
January 1, 2014, all washing machines installed in commercial and /or coin - operated
laundries shall be ENERGY STAR® and CEE Tier III qualified.
O. No customer shall use water from any fire hydrant for any purpose other than fire
suppression or emergency aid without first: 1) Requesting and posting the appropriate fees
at the City and, 2) Obtaining a hydrant meter to record all water consumption for a specified
project. Absent a meter, water theft and meter tampering fees will be applied as
appropriate.
9-P. No person shall water with potable water the landscapes outside of newly constructed
homes and building in a manner inconsistent with regulations or other requirements
established by the California Building Standards Commission.
P_. Q. Construction Site Requirements. The requirements of this subsection apply to
f-M.
persons engaged in construction activities. A permittee's refusal or failure to comply with
these requirements shall constitute grounds for revocation of a construction or grading
permit. In addition, the City may withhold occupancy and inspections until such time as the
permit holder has complied.
1. No person shall use potable water for soil compaction or dust control in a
construction site where there is an available and feasible source of recycled water
or non - potable water approved by the Department of Public Health and appropriate
for such use.
2. No person shall operate a hose within a construction site that is not equipped with
an automatic shut -off nozzle, provided that such devices are available for the size
and type of hose in use.
Q-. R. Commercial Kitchen Requirements. No customer may operate a commercial kitchen
that does not comply with the following requirements.
1. Water - Conserving Pre -Rinse Kitchen Spray Valves. New or remodeled
commercial kitchens shall be equipped with water - conserving kitchen spray valves.
By January 1, 2010, all valves with water - conserving kitchen spray valves.
2. Best - Available Water - Conserving Technology. New or remodeled commercial
kitchens shall ensure that all water -using equipment in new or remodeled
commercial kitchens uses the best - available, water - conserving technology.
3. No customer operating a commercial kitchen shall defrost food or allow food to
be defrosted with running water.
4. Scoop sinks shall be set at minimum water flow at all times of use and shut off
during non- working hours.
5. When hosing or washing kitchen or garbage areas or other areas for sanitary
reasons as required by the Department of Health, hoses shall be equipped with
positive self - closing nozzles.
Section 14.16.050 Procedure for Declaration of Water Supply Shortage; Continued
Monitoring of Conditions.
A. From time to time, the City Council may declare by resolution the existence of a Level
One, a Level Two, a Level Three, or a Level Four water supply shortage. In so
doing, the Council shall determine that a water supply shortage or threatened shortage
exists, due to drought or other water supply conditions, and that it is necessary to
impose the mandatory conservation requirements applicable to the particular level of
water supply shortage. It will be necessary to make more efficient use of water and
appropriately respond to conditions created by the water supply shortage. Prior to adopting
a resolution declaring the existence of a water supply shortage, the City Council shall
enact a resolution indicating its intention to do so, the conditions necessitating the
declaration, the nature of the mandatory conservation restrictions proposed to be imposed,
including the specifics of any proposed water consumption restrictions, and the day, hour
and place when and where persons may appear before the City Council and be heard on
whether resolution declaring the water supply shortage should be enacted. The resolution
of intention shall direct the City Clerk to publish said resolution at least once, within fifteen
days of the passage thereof, in a newspaper of general circulation in the City. Said
notice shall be published at least ten days prior to the date of hearing. Within ten
(10) days of the adoption of a resolution declaring a water supply shortage, the City Clerk
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shall cause the resolution to be published or posted in the manner required by California
Water Code section 376.
B. The mandatory conservation requirements that become effective following the adoption of
a resolution declaring the existence of a particular level of water supply shortage shall
remain in full force and effect until the resolution is repealed or until new mandatory
conservation requirements become effective following the adoption of a subsequent
resolution declaring the existence of a water supply shortage.
C. During the existence of a water supply shortage, the Municipal Operations Director shall
provide periodic reports to the City Council regarding compliance with the mandatory
conservation requirements of the level of water supply shortage, current and anticipated
allocations of water from MET, and any change in circumstances that could warrant a
position of more stringent measures or relaxation of measures then in effect.
Section 14.16.060 Level One Mandatory Water- Conservation Requirements.
On the tenth day after a resolution declaring the existence of a Level One water supply shortage
becomes effective, the following mandatory water - conservation requirements shall take effect.
A. No customer shall use potable water to irrigate any lawn, landscape or other vegetated
area except on the scheduled irrigation days established for each customer by the
Municipal Operations Director. During a Level One water supply shortage, the schedule
established by the Municipal Operations Director shall specify for each customer (a) four (4)
irrigation days per week during the months of April, May, June, July, August, September,
and October and (b) two (2) irrigation days per week during the months of November,
December, January, February, and March. Prior to the foregoing restriction becoming
effective, the Municipal Operations Director shall have notified the customer of the
scheduled irrigation days by mail, which may be done by an indication on the customer's
municipal services statement. This restriction does not apply to the following unless the
City has determined that recycled water is available and may be lawfully applied to the use:
1. Maintenance of vegetation, including trees and shrubs, that is watered using a hand-
held bucket or similar container, a hand -held hose equipped with a positive self -
closing water shut -off nozzle or device, or a very low -flow drip type irrigation system
when no emitter produces more than two (2) gallons of water per hour.
2. Irrigation of food crops (including fruit trees and vegetable gardens).
3. Short periods of irrigation for the exclusive purpose of adjusting or repairing an
irrigation system.
B. No customer shall use more water during any billing period than the percentage of the base
amount established in the resolution declaring the Level One water supply shortage, which
percentage shall be in the range from 100% and 90% of the base amount.
C. No person shall permit excessive use, loss or escape of water through breaks, leaks or
other malfunctions in the user's plumbing or distribution system for more than seventy -two
(72) hours after receiving notice of the condition from the City.
D. No customer may use potable water to fill or refill an ornamental lake, pond, or fountain,
more than once per week, except to the extent needed to sustain aquatic life, provided that
such animals were being actively managed within the water feature at the time of the City's
initial declaration of a then- continuing water supply shortage.
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E. No customer may use potable water to fill or refill by more than one foot a residential
swimming pool or outdoor spa more than once a week.
Section 14.16.070 Level Two Mandatory Water- Conservation Requirements.
On the tenth day after a resolution declaring the existence of a Level Two water supply shortage
becomes effective, the following mandatory water - conservation requirements shall take effect.
A. No customer shall use potable water to irrigate any lawn, landscape or other vegetated
area between the hours of 9:00 a.m. and 5:00 p.m. Pacific Standard Time on any day,
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, or for short periods of irrigation for the
exclusive purpose of adjusting or repairing an irrigation system.
B. No customer shall use potable water to irrigate any lawn, landscape or other vegetated
area except on the scheduled irrigation days established by City Council resolution. During
a Level Two water supply shortage, the schedule established by City Council resolution
shall specify for each customer (a) three (3) irrigation days per week during the months of
April, May, June, July, August, September, and October and (b) one (1) irrigation day per
week during the months of November, December, January, February, and March. Prior to
the foregoing restriction becoming effective, the City shall notify the customer of the
scheduled irrigation days by mail, which may be done by an indication on the customer's
municipal services statement. This restriction does not apply to the following unless the
City has determined that recycled water is available and may be lawfully applied to the use:
1. Maintenance of vegetation, including trees and shrubs, that is watered using a
hand -held bucket or similar container, a hand -held hose equipped with a positive
self - closing water shut -off nozzle or device, or a very low -flow drip type irrigation
system when no emitter produces more than two (2) gallons of water per hour.
2. Irrigation of food crops (including fruit trees and vegetable gardens), provided that
such irrigation does not exceed five (5) times per week on a schedule established
and posted by the City's Municipal Operations Department.
3. Short periods of irrigation for the exclusive purpose of adjusting or repairing an
irrigation system.
C. No customer shall use more water during any billing period than the percentage of the base
amount established in the resolution declaring the Level Two water supply shortage, which
percentage shall be in the range from 90% and 75% of the base amount.
D. No person shall permit excessive use, loss or escape of water through breaks, leaks or
other malfunctions in the user's plumbing or distribution system for more than forty -eight
(48) hours after receiving notice of the condition from the City.
E. No customer may use potable water to fill or refill an ornamental lake, pond, or fountain,
more than once every other week, except to the extent needed to sustain aquatic life,
provided that such animals were being actively managed within the water feature at the
time of the City's declaration of the water supply shortage under this chapter.
F. No customer may use potable water to fill or refill by more than Ann foot six inches a
residential swimming pool or outdoor spa more than once evepj-ether-a week.
Section 14.16.080 Level Three Mandatory Water- Conservation Requirements.
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On the tenth day after a resolution declaring the existence of a Level Three water supply shortage
becomes effective, the following mandatory water - conservation requirements shall take effect.
A. No customer shall use potable water to irrigate any lawn, landscape or other vegetated
area between the hours of 9:00 a.m. and 5:00 p.m. Pacific Standard Time on any day,
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, or for short periods of irrigation for the
exclusive purpose of adjusting or repairing an irrigation system.
B. No customer shall use potable water to irrigate any lawn, landscape or other vegetated
area except on the scheduled irrigation days established by City Council resolution.
During a Level Three water supply shortage, the schedule established by City Council
resolution shall specify for each customer (a) two (2) irrigation days per week during the
months of April, May, June, July, August, September, and October and (b) one (1) irrigation
day per week during the months of November, December, January, February, and March.
Prior to the foregoing restriction becoming effective, the City shall notify the customer of the
scheduled irrigation days by mail, which may be done by an indication on the customer's
municipal services statement. This restriction does not apply to the following unless the City
has determined that recycled water is available and may be lawfully applied to the use:
1. Maintenance of vegetation, including trees and shrubs, that is watered using a hand-
held bucket or similar container or hand -held hose equipped with positive self -
closing water shut -off nozzle or device, or a very low -flow drip type irrigation system
when no emitter produces more than two (2) gallons of water per hour.
2. Irrigation of food crops (including fruit trees and vegetable gardens), provided that
such irrigation does not exceed three (3) days per week on a schedule established
and posted by the City's Municipal Operations Department.
3. Short periods of irrigation for the exclusive purpose of adjusting or repairing an
irrigation system.
C. No customer shall use more water during any billing period than the percentage of the base
amount established in the resolution declaring the Level Three water shortage, which
percentage shall be in the range from 75% and 60% of the base amount.
D. No person shall permit excessive use, loss or escape of water through breaks, leaks or
other malfunctions in the user's plumbing or distribution system for more than twenty -four
(24) hours after receiving notice from the City.
E. No customer may use potable water to fill or refill an ornamental lake, pond, or fountain;
more than once every other week except —to the extent needed to sustain aquatic life,
provided that such animals were being actively managed within the water feature at the
time of the City's declaration of the water supply shortage under this chapter.
F. No customer may use potable water to fill or refill by more than three inches a
residential swimming pool or outdoor spa more than once a week..
Section 14.16.090 Level Four Mandatory Water- Conservation Requirements.
On the tenth day after a resolution declaring the existence of a Level Four water supply shortage
becomes effective, the following mandatory water - conservation requirements shall take effect.
A. No customer shall use potable water to irrigate any lawn, landscape or other vegetated
area. This restriction does not apply to the following categories of use unless the City has
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determined that recycled water is available and may be lawfully applied to the use:
1. Maintenance of vegetation, including trees and shrubs, that are watered using a
hand- held bucket or similar container or a hand -held hose equipped with a positive
self - closing water shut -off nozzle or device;
2. Maintenance of existing landscape to the extent necessary for fire
protection;
3. Maintenance of existing landscape to the extent necessary for soil
erosion control;
4. Maintenance of plant materials identified to be rare or essential to the well being of
rare animals;
5. Maintenance of landscape within active public parks and playing fields, day care
centers, school grounds, cemeteries, and golf course greens, provided that such
irrigation does not exceed two (2) times per week on a schedule established by
resolution of the City Council and posted by the Municipal Operations Director.
6. Public works projects and actively irrigated environmental mitigation
projects.
7. Food crops (including fruit trees and vegetable gardens); provided , that such
irrigation does not exceed two times per week on schedule established and posted
by the City's Municipal Operations Department.
B. The City will not (a) provide new potable water service, new temporary meters, or new
permanent meters or (b) issue statements of immediate ability to serve or to provide
potable water service, except under the following circumstances:
1. A valid, unexpired building permit has been issued for the
project; or
2. The project is necessary to protect public health, safety, and
welfare; or
3. The applicant provides substantial evidence of an enforceable commitment that,
ensures, to the satisfaction of the Municipal Operations Director, the water
demands for the project will be offset prior to the provision of a new water meter(s).
This restriction 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.
C. No customer shall use more water during any billing period than the percentage of the base
amount established in the resolution declaring the Level Four water shortage, which
percentage shall be less than 60% of the base amount.
D. No person shall permit excessive use, loss or escape of water through breaks, leaks or
other malfunctions in the user's plumbing or distribution system for more than twenty -four
(24) hours after receiving notice from the City.
E. No customer may use potable water to fill or refill an ornamental lake, pond, or fountain,
except to the extent needed to sustain aquatic life, provided that such animals were being
actively managed within the water feature at the time of the City's declaration of the water
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supply shortage under this chapter.
F. No customer may use potable water to fill or refill a residential swimming pool or
outdoor spa.
Section 14.16.100 Exemptions.
A. The provisions of this chapter do not apply to any of the
following.
1. Uses of water necessary to protect public health and safety or for essential
government services, such as police fire and other similar emergency services.
2. The filling, operation, and maintenance of a swimming pool that is open to the
public at rates of charge deemed reasonable by the City Council.
3. The washing of refuse, sanitation and service vehicles owned and operated by a
public entity to the extent necessary to insure public health, safety and welfare,
provided that recycled water or a recirculating water system will be used where
feasible.
B. Any restrictions imposed by this chapter that require the reduction of consumption shall not
be applicable to any of the following.
1. Customers who have participated in a fuel load modification program and have
received an exemption from the Municipal Operations Director and Fire Marshall.
The Municipal Operations Director and Fire Marshall shall only grant exemptions
necessary to mitigate the impacts of participation in the fuel modification zone
program, such as the need to irrigate replacement vegetation.
2. Customers that operate hospitals, medical care facilities, nurseries or other
businesses whose main stock and trade consists of the sale or cultivation of plants
and vegetation, and businesses in which water consumption is an integral part of
production or manufacturing, provided that such customers shall first submit a
water conservation plan to, and obtain the approval of, the Municipal Operations
Director. This exemption does not extend to the use of potable water for the
irrigation of landscape areas.
C. The Municipal Operations Director shall approve a water conservation plan only if the plan
proposes the maximum feasible reduction in consumption. As a condition of approving the
water conservation plan, the Municipal Operations Director may require the use of water
conservation devices or practices as he or she deems appropriate to result in the maximum
feasible reduction in consumption.
Section 14.16.110 Relief from Compliance.
A. Intent and Purpose. The City Council recognizes that water consumption can increase or
decrease because of factors unrelated to wasteful water use practices. Many customers
have installed water- saving devices and adopted water conservation practices that make it
difficult to satisfy the water consumption restrictions required by this chapter. This section
recognizes that adjustments to the base amount may be necessary to ensure that
application of this chapter to any particular customer does not produce unjust or inequitable
results. In addition, the section recognizes unique circumstances may result in undue or
disproportionate hardship as to a person using water which is different from the impacts to
water users generally. As a general rule, the Municipal Operations Director should not grant
18 -14
relief to any person or customer for any reason in the absence of showing that the person or
customer has achieved the maximum feasible reduction in water consumption other than in
the specific area or areas for which relief is requested.
B. Procedures. A person or customer may file an application for relief from the provisions of
this chapter with the Municipal Operations Director. The application shall be submitted in
writing to the Municipal Operations Department. The application must be filed within ninety
(90) days after the effective date of this chapter or ninety (90) days after implementation of
the then - current water supply shortage level, whichever shall occur last. The Municipal
Operations Director may require the submission of additional supporting documentation that
he or she deems necessary to grant the application for relief. The Municipal Operations
Director shall approve or disapprove the application for relief within thirty (30) days after it is
filed and deemed complete.
C. Factors to Be Considered
1. Relief from Water Consumption Restrictions. In determining whether relief should
be granted from water consumption restrictions, the Municipal Operations Director
shall consider all relevant factors including, but not limited to, the following:
a) Whether compliance with the water - conservation requirements then in effect
would result in unemployment or layoff of workers;
b) Whether additional persons are now living or working in the customer's premises
that were not living or working in the premises during all or a portion of the billing
periods used to calculate the base amount;
c) Whether customer had, during all or a portion of the billing periods used to
calculate the base amount, begun using water conservation practices that
remain in use and that reduced the customer's water usage by an amount
equivalent to the reduction required by the water supply shortage;
d) Whether any current or anticipated increase in production or manufacturing will
require the use of additional water;
e) The extent to which irrigation or watering of landscaping has been made
necessary by compliance with fuel load modification programs; and
f) The extent to which customer needs to use water to mitigate any emergency
health or safety hazards.
2. Relief from All Other Requirements. In determining whether relief should be granted
from all requirements other than water consumption restrictions, the Municipal
Operations Director must find, based on the application and supporting
documentation, that:
a) the relief does not constitute a grant of special privilege inconsistent with the
limitations imposed by this chapter on other persons and customers;
b) because of special circumstances applicable to the customer or person's
property or its use, the strict application of this chapter would have an impact on
the person or customer that is disproportionate to the impact on other similarly
situated persons or customers;
c) the condition or situation of the person or customer's premises for which the
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relief is sought is not common or general in nature; and
d) the person or customer has achieved or will achieve the maximum
feasible reduction in water consumption other than in the specific area or areas
from which relief is requested
D. Agreement. The Municipal Operations Director is empowered to enter into an agreement
with any person or customer to resolve the application for relief. The agreement shall be
memorialized in writing signed by the person or customer. The agreement shall fix the rights
of the person or customer and the City. During the effectiveness of the agreement, the
person or customer shall have no further right to seek relief pursuant to the provisions of this
section.
E. Final Decision. The Municipal Operations Director shall notify the person or customer of the
decision on the application for relief by mailing a notice of the decision to the person or
customer by means of, first class, postage prepaid, to the address specified on the
application.
F. Appeal of Final Decision. A person or customer may appeal the decision of the Municipal
Operations Director by submitting a written request within (90) days of the date of the
Municipal Operations Director's written decision. A written appeal request shall be submitted
to the City Manager and include the reasons for the request and signature of the person or
customer submitting the request. The City Manager may approve or disapprove the appeal
within (30) days from receipt of a request. The decision of the City Manger shall be final.
G. Willful Misrepresentation. Notwithstanding any other provision of law, no person shall make
any willful misrepresentation of a material fact with respect to any application for relief
submitted pursuant to this section. Any violation of the provisions of this subsection shall be
considered a misdemeanor, punishable as otherwise provided in this Code.
Section 14.16.120 Enforcement.
A. Responsibility -- Implementation Plan. The Municipal Operations Director shall be
responsible for the enforcement of this chapter. The Municipal Operations Director shall
develop an Implementation Plan to be used as a guideline for enforcing the provisions of
this chapter. The Implementation Plan shall provide the resources (staffing and
equipment) required to ensure the fair and timely execution of these requirements, as
well as a detailed execution strategy. In addition, the Implementation Plan shall ensure, so
far as is reasonable under the circumstances, that persons are notified of violations and are
provided an opportunity to cure the violation prior to being cited.
B. Additional Enforcement Options. In addition to the means of ensuring compliance set forth
in section 1.04.010 of this code, the City may elect to impose the following requirements on
a customer in the event of a continuing violation:
1. Water Flow Restrictors. The City may install a water flow restrictor of approximately
one gallon per minute for services up to one and one -half inches in size and
comparatively sized restrictors for larger services. Prior to doing so, the City shall
first provide a minimum of forty- eight (48) hours' notice of its intent to install a water
flow restrictor. In the event that a customer refuses to permit the installation of a
water flow restrictor following the City's election to do so, the City may terminate the
customer's water service.
2. Termination of Service. The City may disconnect a customer's water service for
willful violations of mandatory restrictions in this chapter.
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Section 14.16.130 State of Emergency
A. In the event that the Governor of the State of California proclaims a State of Emergency and
thereby issues orders or other general laws that mandate adoption of regulations by the
State Water Resources control Board and /or water conservation efforts by Customers. It is a
violation of this Section for any Customer to violate any such emergency order or general
law lawfully adopted by the State of California.
SECTION 2: If any section, subsection, sentence, clause or phase of this ordinance is, for any
reason, held to be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of the remaining portions of this ordinance. The City Council hereby declares that
it would have passed this ordinance, and each section, subsection, clause or phrase hereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional.
SECTION 3: The City Council finds that this ordinance is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in
a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)
(the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to
the environment, directly or indirectly.
SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the same to be published once in the official newspaper of
the City, and it shall be effective thirty (30) days after its adoption.
SECTION 5: This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 12th day of May, 2015, and adopted on the 26th day of May, 2015, by
the following vote, to wit:
18 -17
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMB
MA
ATTEST:
LEILANI I. BROWN, CITYCLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
A
AH►J /G1 rig] 01&1AUN71
AARON C. HARP. CITY ATTORNEY
ow-3
ORDINANCE NO. 2015-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA AMENDING CHAPTER 14.16 OF
THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO
WATER CONSERVATION AND SUPPLY LEVEL REGULATIONS
The City Council of the City of Newport Beach, California, HEREBY ORDAINS as follows:
SECTION 1: Chapter 14.16 of the Newport Beach Municipal code is hereby amended to read as
follows:
Chapter 14.16
WATER CONSERVATION AND SUPPLY LEVEL REGULATION
14.16.010 Findings and Purpose.
14.16.020 Definitions.
14.16.030 Applicability.
14.16.040 Permanent Mandatory Water- Conservation Requirements.
14.16.050 Procedure for Declaration of Water Supply Shortage — Continued
Monitoring of Conditions.
14.16.060 Level One Mandatory Water- Conservation Requirements.
14.16.070 Level Two Mandatory Water- Conservation Requirements.
14.16.080 Level Three Mandatory Water- Conservation Requirements.
14.16. 090 Level Four Mandatory Water- Conservation Requirements.
14.16.100 Exemptions.
14.16.110 Relief from Compliance. Enforcement.
14.16.120 State of Emergency
Section 14.16.010 Findings and Purpose.
A. The purpose of this chapter is to establish a Water Conservation and Supply Shortage
Program that, to the greatest extent possible, will reduce water consumption within the City
of Newport Beach, enable effective water supply planning, assure reasonable and
beneficial use of water, prevent waste of water, maximize the efficient use of water and
minimize the effect and hardship of water shortage.
B. The Water Conservation and Supply Shortage Program created by this chapter establishes
permanent water - conservation requirements intended to alter behavior related to water use
efficiency for non - shortage conditions and further establishes four levels of water supply
shortage response actions to be implemented during times of declared water shortage.
C. The City Council finds as follows:
1. A reliable minimum supply of water is essential to the public health, safety and welfare
of the people and economy of the Southern California Region.
2. Southern California is a semi -arid region and is largely dependent upon imported
fNIM01
water supplies. A growing population, climate change, environmental concerns and
other factors in other parts of the State and western United States make the region
highly susceptible to water supply reliability issues.
3. Careful water management that includes active water conservation measures, not
only in times of drought but at all times, is essential to ensure a reliable minimum
supply of water to meet current and future supply needs.
4. Article X, section 2, of the California Constitution declares that the general
welfare requires that water resources be put to beneficial use, that waste or
unreasonable use or unreasonable method of use of water is prevented and
that conservation of water be fully exercised with a view to the reasonable and
beneficial use thereof.
5. Article XI, section 7 of the California Constitution declares that a city or county may
make and enforce within its limits all local, police, sanitary and other ordinances and
regulations not in conflict with general laws.
6. California Water Code section 375 authorizes a water supplier to adopt and enforce a
comprehensive water conservation program to reduce water consumption and
conserve supplies.
7. The adoption and enforcement of the Water Conservation and Supply Shortage
Program is necessary to manage the City's water supply in the short and long
term and to avoid or minimize the effects of a supply shortage within the City's
service area. Such a program is essential to ensure a reliable and sustainable
minimum supply of water for public health, safety and welfare.
8. Recycled water is supplied in various areas throughout the City to conserve potable
water. Recycled water, like potable water, must be used efficiently and is
therefore included in this Program.
Section 14.16.020 Definitions.
In this chapter, the following words and phrases shall have the following meanings
"Base amount" means a base amount of water usage per billing period to be determined
for each customer. For any particular billing period, the base amount shall be as indicated on
the customer's municipal services statement for the prior billing cycle. For customers occupying
premises for which the City's water billing history is more than three years, the base amount
shall be the three -year moving average, which is calculated by the City for each water customer.
For customers occupying premises for which the City's water billing history is less than three
years, the base amount shall be the estimate of the water usage per billing period of similar
premises and users. Notwithstanding the foregoing, in calculating the base amount, the base
amount shall exclude any billing periods during which water consumption restrictions were in
effect.
"Billing period" means the period of time for which the City calculates monthly water service rates
for a particular customer under section 14.12.020 of this code.
"City" shall mean the City of Newport Beach.
"City Council" shall mean the City Council of the City of Newport Beach.
"Commercial kitchen" means a facility containing a kitchen in which food is prepared for sale,
such as a restaurant, cafe, hotel, catering establishment, or other food preparation establishment.
18 -20
"Customer" shall mean any person using or receiving water service from the City. The term
"customer" shall not include a person receiving water service within the City from the Irvine Ranch
Water District or from the Mesa Consolidated Water District.
"Department of Public Health" shall mean the Orange County Department of Health.
"Excessive flow or runoff' shall mean frequent and /or large amounts of runoff from irrigation and /or
other outdoor water use.
"Fire Marshall" shall mean the City of Newport Beach's Fire Marshall or his or her designee.
"Fuel modification zone" shall mean combustible native or ornamental vegetation that has been
modified and partially or totally replaced with drought tolerant, fire retardant plants and maintained
per Fire Code guidelines.
"Implementation Plan" shall mean the plan developed by the Municipal Operations Director that
provides the resources (staffing and equipment) required to ensure the fair and timely execution of
these requirements, as well as a detailed execution strategy.
"Irrigate" means any exterior application of water, other than for firefighting purposes, including
but not limited to the watering of any vegetation whether it be natural or planted.
"Landscape irrigation system" means an irrigation system with pipes, hoses, spray heads, or
sprinkling devices that are operated by and /or through an automated system.
"MET" shall mean the Metropolitan Water District of Southern California.
"Person" shall have the meaning ascribed to it by section 1.08.120 of this code.
"Potable water" means water that is suitable for drinking and excludes recycled water from any
source.
"Premises" means a parcel of land, or portion of a parcel, including any improvements located
there, that are served by a City water meter.
"Recirculating" means the reuse of existing water, by means of capturing /containing water used,
then circulating back to point of origin.
"Recycled water" means the reclamation and reuse of non - potable water and /or wastewater for
beneficial use, such as irrigation.
"Safety /Sanitary hazards" means the condition that may cause or threaten to cause injury to any
person or persons.
"Single pass cooling system" means equipment where water is circulated only once to cool
equipment before being disposed.
"Municipal Operations Director" shall mean the Director of the City of Newport Beach's Municipal
Operations Department or his or her designee.
"Water" shall mean potable water and recycled water.
"Water- conserving kitchen spray valve" means a dishwashing spray valve that uses 1.6 gallons of
water or less per minute of use.
'Water conservation plan" means a plan submitted by a customer for the approval of the Utilities
Director, in conjunction with a request for an exemption or partial exemption, that proposes the
18 -21
maximum feasible reduction in consumption
"Water consumption restrictions" shall mean those provisions in this chapter that require
customers to reduce the amount of water consumed during a water supply shortage in relation to
the base amount.
"Water supply shortage" means the effective period of time during which the City Council, by
resolution adopted under section 14.16.050, has declared the existence of a water supply
shortage or threatened shortage. The City Council, depending on the severity of conditions, may
declare a Level One, Level Two, Level Three, or Level Four Water Supply Shortage.
Section 14.16.030 Applicability.
A. The provisions of this chapter shall apply to all persons using water in the
City.
B. For the purposes of this chapter, the use of water by a tenant, employee, agent, contractor,
representative or person acting on behalf of a customer, may, at the City's election, be
imputed to the customer.
Section 14.16.040 Permanent Mandatory Water- Conservation Requirements.
The following prohibitions and mandatory water - conservation requirements are effective at
all times, including during a Water Supply Shortage. Violations of this section will be considered
waste and an unreasonable use of water.
A. No customer shall use potable water to irrigate any lawn and /or ornamental landscape
area using a landscape irrigation system or a watering device that is not continuously
attended unless such irrigation is limited to no more than fifteen (15) minutes watering per
day per station.
1. This restriction does not apply to the following unless the City has
determined that recycled water is available and may be lawfully applied to the use.
a) Landscape irrigation systems that exclusively use very low -flow drip type
irrigation systems in which no emitter produces more than two (2) gallons of
water per hour or weather based controllers or stream rotor sprinklers that
meet a 70 percent efficiency standard.
B. No person shall use water to irrigate any lawn and /or ornamental landscape area in a
manner that causes or allows excessive flow or runoff onto an adjoining sidewalk,
driveway, street, alley, gutter or ditch.
C. No person shall use water to wash down hard or paved surfaces, including, but not
limited to, sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys,
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, or a low- volume, high- pressure cleaning machine (e.g.,
"water broom ") equipped to recycle any water used.
D. No person shall permit excessive use, loss or escape of water through breaks, leaks or
other malfunctions in the person's plumbing or distribution system for any period of time
after such escape of water should have reasonably been discovered and corrected and in
no event more than seven (7) days after receiving notice of the condition from the City.
18 -22
E. No customer shall use potable water to irrigate lawns, groundcover, shrubbery or
other ornamental landscape material during and within 48 hours after measurable rainfall
event.
F. By July 1, 2012, all landscape irrigation systems connected to dedicated landscape
meters shall include rain sensors that automatically shut off such systems during periods of
rain or include evapotranspiration systems that schedule irrigation based on climatic
conditions.
G. No customer shall operate a water fountain or other decorative water feature that does not
use a recirculating water system.
H. No customer shall use water to clean a vehicle, including but not limited to any automobile,
truck, van, bus, motorcycle, boat or trailer, whether motorized or not, except by use of a
hand -held bucket or similar container or a hand -held hose equipped with a positive self -
closing water shut -off nozzle or device.
1. This subsection does not apply to any commercial car washing facility.
I. Effective January 1, 2010, all new commercial conveyor car wash systems in commercial
car washing facilities shall be operational recirculating water systems.
J. By January 1, 2013, all commercial conveyor car wash systems in commercial car washing
facilities shall be operational recirculating water systems, or the customer must have
secured an exemption from this requirement pursuant to section 14.16.100.
K. Customers operating eating or drinking establishments, including but not limited to
restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drinks are
sold, served, or offered for sale, shall not provide drinking water to any person unless
expressly requested by the person.
L. Customers operating hotel, motel, and other commercial lodging establishments shall
provide persons the option of not having towels and linen laundered daily. Commercial
lodging establishments must prominently display notice of this option.
M. No customer shall install a new single pass cooling system in a building or premises
requesting new water service. This provision shall not prevent the replacement or repair of
single pass cooling systems that were installed prior to December 31, 2009.
N. Effective January 1, 2010, all new washing machines installed in commercial and /or
coin- operated laundries shall be ENERGY STAR® and CEE Tier III qualified. By
January 1, 2014, all washing machines installed in commercial and /or coin - operated
laundries shall be ENERGY STAR® and CEE Tier III qualified.
O. No customer shall use water from any fire hydrant for any purpose other than fire
suppression or emergency aid without first: 1) Requesting and posting the appropriate fees
at the City and, 2) Obtaining a hydrant meter to record all water consumption for a specified
project. Absent a meter, water theft and meter tampering fees will be applied as
appropriate.
P. No person shall water with potable water the landscapes outside of newly constructed
homes and building in a manner inconsistent with regulations or other requirements
established by the California Building Standards Commission.
Q. Construction Site Requirements. The requirements of this subsection apply to persons
18 -23
engaged in construction activities. A permittee's refusal or failure to comply with these
requirements shall constitute grounds for revocation of a construction or grading permit. In
addition, the City may withhold occupancy and inspections until such time as the permit
holder has complied.
1. No person shall use potable water for soil compaction or dust control in a
construction site where there is an available and feasible source of recycled water
or non - potable water approved by the Department of Public Health and appropriate
for such use.
2. No person shall operate a hose within a construction site that is not equipped with
an automatic shut -off nozzle, provided that such devices are available for the size
and type of hose in use.
R. Commercial Kitchen Requirements. No customer may operate a commercial kitchen that
does not comply with the following requirements.
1. Water - Conserving Pre -Rinse Kitchen Spray Valves. New or remodeled
commercial kitchens shall be equipped with water- conserving kitchen spray valves.
By January 1, 2010, all valves with water - conserving kitchen spray valves.
2. Best - Available Water - Conserving Technology. New or remodeled commercial
kitchens shall ensure that all water -using equipment in new or remodeled
commercial kitchens uses the best - available, water- conserving technology.
3. No customer operating a commercial kitchen shall defrost food or allow food to
be defrosted with running water.
4. Scoop sinks shall be set at minimum water flow at all times of use and shut off
during non- working hours.
5. When hosing or washing kitchen or garbage areas or other areas for sanitary
reasons as required by the Department of Health, hoses shall be equipped with
positive self - closing nozzles.
Section 14.16.050 Procedure for Declaration of Water Supply Shortage — Continued
Monitoring of Conditions.
A. From time to time, the City Council may declare by resolution the existence of a Level
One, a Level Two, a Level Three, or a Level Four water supply shortage. In so
doing, the Council shall determine that a water supply shortage or threatened shortage
exists, due to drought or other water supply conditions, and that it is necessary to
impose the mandatory conservation requirements applicable to the particular level of
water supply shortage. It will be necessary to make more efficient use of water and
appropriately respond to conditions created by the water supply shortage. Prior to adopting
a resolution declaring the existence of a water supply shortage, the City Council shall
enact a resolution indicating its intention to do so, the conditions necessitating the
declaration, the nature of the mandatory conservation restrictions proposed to be imposed,
including the specifics of any proposed water consumption restrictions, and the day, hour
and place when and where persons may appear before the City Council and be heard on
whether resolution declaring the water supply shortage should be enacted. The resolution
of intention shall direct the City Clerk to publish said resolution at least once, within fifteen
days of the passage thereof, in a newspaper of general circulation in the City. Said
notice shall be published at least ten days prior to the date of hearing. Within ten
(10) days of the adoption of a resolution declaring a water supply shortage, the City Clerk
18 -24
shall cause the resolution to be published or posted in the manner required by California
Water Code section 376.
B. The mandatory conservation requirements that become effective following the adoption of
a resolution declaring the existence of a particular level of water supply shortage shall
remain in full force and effect until the resolution is repealed or until new mandatory
conservation requirements become effective following the adoption of a subsequent
resolution declaring the existence of a water supply shortage.
C. During the existence of a water supply shortage, the Municipal Operations Director shall
provide periodic reports to the City Council regarding compliance with the mandatory
conservation requirements of the level of water supply shortage, current and anticipated
allocations of water from MET, and any change in circumstances that could warrant a
position of more stringent measures or relaxation of measures then in effect.
Section 14.16.060 Level One Mandatory Water- Conservation Requirements.
On the tenth day after a resolution declaring the existence of a Level One water supply shortage
becomes effective, the following mandatory water - conservation requirements shall take effect.
A. No customer shall use potable water to irrigate any lawn, landscape or other vegetated
area except on the scheduled irrigation days established for each customer by the
Municipal Operations Director. During a Level One water supply shortage, the schedule
established by the Municipal Operations Director shall specify for each customer (a) four (4)
irrigation days per week during the months of April, May, June, July, August, September,
and October and (b) two (2) irrigation days per week during the months of November,
December, January, February, and March. Prior to the foregoing restriction becoming
effective, the Municipal Operations Director shall have notified the customer of the
scheduled irrigation days by mail, which may be done by an indication on the customer's
municipal services statement. This restriction does not apply to the following unless the
City has determined that recycled water is available and may be lawfully applied to the use:
1. Maintenance of vegetation, including trees and shrubs, that is watered using a hand-
held bucket or similar container, a hand -held hose equipped with a positive self -
closing water shut -off nozzle or device, or a very low -flow drip type irrigation system
when no emitter produces more than two (2) gallons of water per hour.
2. Irrigation of food crops (including fruit trees and vegetable gardens).
3. Short periods of irrigation for the exclusive purpose of adjusting or repairing an
irrigation system.
B. No customer shall use more water during any billing period than the percentage of the base
amount established in the resolution declaring the Level One water supply shortage, which
percentage shall be in the range from 100% and 90% of the base amount.
C. No person shall permit excessive use, loss or escape of water through breaks, leaks or
other malfunctions in the user's plumbing or distribution system for more than seventy -two
(72) hours after receiving notice of the condition from the City.
D. No customer may use potable water to fill or refill an ornamental lake, pond, or fountain,
more than once per week, except to the extent needed to sustain aquatic life, provided that
such animals were being actively managed within the water feature at the time of the City's
initial declaration of a then- continuing water supply shortage.
18 -25
E. No customer may use potable water to fill or refill by more than one foot a residential
swimming pool or outdoor spa more than once a week.
Section 14.16.070 Level Two Mandatory Water- Conservation Requirements.
On the tenth day after a resolution declaring the existence of a Level Two water supply shortage
becomes effective, the following mandatory water- conservation requirements shall take effect.
A. No customer shall use potable water to irrigate any lawn, landscape or other vegetated
area between the hours of 9:00 a.m. and 5:00 p.m. Pacific Standard Time on any day,
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, or for short periods of irrigation for the
exclusive purpose of adjusting or repairing an irrigation system.
B. No customer shall use potable water to irrigate any lawn, landscape or other vegetated
area except on the scheduled irrigation days established by City Council resolution. During
a Level Two water supply shortage, the schedule established by City Council resolution
shall specify for each customer (a) three (3) irrigation days per week during the months of
April, May, June, July, August, September, and October and (b) one (1) irrigation day per
week during the months of November, December, January, February, and March. Prior to
the foregoing restriction becoming effective, the City shall notify the customer of the
scheduled irrigation days by mail, which may be done by an indication on the customer's
municipal services statement. This restriction does not apply to the following unless the
City has determined that recycled water is available and may be lawfully applied to the use:
1. Maintenance of vegetation, including trees and shrubs, that is watered using a
hand -held bucket or similar container, a hand -held hose equipped with a positive
self - closing water shut -off nozzle or device, or a very low -flow drip type irrigation
system when no emitter produces more than two (2) gallons of water per hour.
2. Irrigation of food crops (including fruit trees and vegetable gardens), provided that
such irrigation does not exceed five (5) times per week on a schedule established
and posted by the City's Municipal Operations Department.
3. Short periods of irrigation for the exclusive purpose of adjusting or repairing an
irrigation system.
C. No customer shall use more water during any billing period than the percentage of the base
amount established in the resolution declaring the Level Two water supply shortage, which
percentage shall be in the range from 90% and 75% of the base amount.
D. No person shall permit excessive use, loss or escape of water through breaks, leaks or
other malfunctions in the user's plumbing or distribution system for more than forty -eight
(48) hours after receiving notice of the condition from the City.
E. No customer may use potable water to fill or refill an ornamental lake, pond, or fountain,
more than once every other week, except to the extent needed to sustain aquatic life,
provided that such animals were being actively managed within the water feature at the
time of the City's declaration of the water supply shortage under this chapter.
F. No customer may use potable water to fill or refill by more than six inches a residential
swimming pool or outdoor spa more than once a week.
Section 14.16.080 Level Three Mandatory Water- Conservation Requirements.
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On the tenth day after a resolution declaring the existence of a Level Three water supply shortage
becomes effective, the following mandatory water - conservation requirements shall take effect.
A. No customer shall use potable water to irrigate any lawn, landscape or other vegetated
area between the hours of 9:00 a.m. and 5:00 p.m. Pacific Standard Time on any day,
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, or for short periods of irrigation for the
exclusive purpose of adjusting or repairing an irrigation system.
B. No customer shall use potable water to irrigate any lawn, landscape or other vegetated
area except on the scheduled irrigation days established by City Council resolution.
During a Level Three water supply shortage, the schedule established by City Council
resolution shall specify for each customer (a) two (2) irrigation days per week during the
months of April, May, June, July, August, September, and October and (b) one (1) irrigation
day per week during the months of November, December, January, February, and March.
Prior to the foregoing restriction becoming effective, the City shall notify the customer of the
scheduled irrigation days by mail, which may be done by an indication on the customer's
municipal services statement. This restriction does not apply to the following unless the City
has determined that recycled water is available and may be lawfully applied to the use:
1. Maintenance of vegetation, including trees and shrubs, that is watered using a hand-
held bucket or similar container or hand -held hose equipped with positive self -
closing water shut -off nozzle or device, or a very low -flow drip type irrigation system
when no emitter produces more than two (2) gallons of water per hour.
2. Irrigation of food crops (including fruit trees and vegetable gardens), provided that
such irrigation does not exceed three (3) days per week on a schedule established
and posted by the City's Municipal Operations Department.
3. Short periods of irrigation for the exclusive purpose of adjusting or repairing an
irrigation system.
C. No customer shall use more water during any billing period than the percentage of the base
amount established in the resolution declaring the Level Three water shortage, which
percentage shall be in the range from 75% and 60% of the base amount.
D. No person shall permit excessive use, loss or escape of water through breaks, leaks or
other malfunctions in the user's plumbing or distribution system for more than twenty -four
(24) hours after receiving notice from the City.
E. No customer may use potable water to fill or refill an ornamental lake, pond, or fountain
more than once every other week except to the extent needed to sustain aquatic life,
provided that such animals were being actively managed within the water feature at the
time of the City's declaration of the water supply shortage under this chapter.
F. No customer may use potable water to fill or refill by more than three inches a
residential swimming pool or outdoor spa more than once a week.
Section 14.16.090 Level Four Mandatory Water- Conservation Requirements.
On the tenth day after a resolution declaring the existence of a Level Four water supply shortage
becomes effective, the following mandatory water - conservation requirements shall take effect.
A. No customer shall use potable water to irrigate any lawn, landscape or other vegetated
area. This restriction does not apply to the following categories of use unless the City has
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determined that recycled water is available and may be lawfully applied to the use:
1. Maintenance of vegetation, including trees and shrubs, that are watered using a
hand- held bucket or similar container or a hand -held hose equipped with a positive
self - closing water shut -off nozzle or device;
2. Maintenance of existing landscape to the extent necessary for fire
protection;
3. Maintenance of existing landscape to the extent necessary for soil
erosion control;
4. Maintenance of plant materials identified to be rare or essential to the well being of
rare animals;
5. Maintenance of landscape within active public parks and playing fields, day care
centers, school grounds, cemeteries, and golf course greens, provided that such
irrigation does not exceed two (2) times per week on a schedule established by
resolution of the City Council and posted by the Municipal Operations Director.
6. Public works projects and actively irrigated environmental mitigation
projects.
7. Food crops (including fruit trees and vegetable gardens); provided , that such
irrigation does not exceed two times per week on schedule established and posted
by the City's Municipal Operations Department.
B. The City will not (a) provide new potable water service, new temporary meters, or new
permanent meters or (b) issue statements of immediate ability to serve or to provide
potable water service, except under the following circumstances:
1. A valid, unexpired building permit has been issued for the
project; or
2. The project is necessary to protect public health, safety, and
welfare; or
3. The applicant provides substantial evidence of an enforceable commitment that,
ensures, to the satisfaction of the Municipal Operations Director, the water
demands for the project will be offset prior to the provision of a new water meter(s).
This restriction 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.
C. No customer shall use more water during any billing period than the percentage of the base
amount established in the resolution declaring the Level Four water shortage, which
percentage shall be less than 60% of the base amount.
D. No person shall permit excessive use, loss or escape of water through breaks, leaks or
other malfunctions in the user's plumbing or distribution system for more than twenty -four
(24) hours after receiving notice from the City.
E. No customer may use potable water to fill or refill an ornamental lake, pond, or fountain,
except to the extent needed to sustain aquatic life, provided that such animals were being
actively managed within the water feature at the time of the City's declaration of the water
FR31I.9
supply shortage under this chapter.
F. No customer may use potable water to fill or refill a residential swimming pool or
outdoor spa.
Section 14.16.100 Exemptions.
A. The provisions of this chapter do not apply to any of the
following.
1. Uses of water necessary to protect public health and safety or for essential
government services, such as police fire and other similar emergency services.
2. The filling, operation, and maintenance of a swimming pool that is open to the
public at rates of charge deemed reasonable by the City Council.
3. The washing of refuse, sanitation and service vehicles owned and operated by a
public entity to the extent necessary to insure public health, safety and welfare,
provided that recycled water or a recirculating water system will be used where
feasible.
B. Any restrictions imposed by this chapter that require the reduction of consumption shall not
be applicable to any of the following.
1. Customers who have participated in a fuel load modification program and have
received an exemption from the Municipal Operations Director and Fire Marshall.
The Municipal Operations Director and Fire Marshall shall only grant exemptions
necessary to mitigate the impacts of participation in the fuel modification zone
program, such as the need to irrigate replacement vegetation.
2. Customers that operate hospitals, medical care facilities, .nurseries or other
businesses whose main stock and trade consists of the sale or cultivation of plants
and vegetation, and businesses in which water consumption is an integral part of
production or manufacturing, provided that such customers shall first submit a
water conservation plan to, and obtain the approval of, the Municipal Operations
Director. This exemption does not extend to the use of potable water for the
irrigation of landscape areas.
C. The Municipal Operations Director shall approve a water conservation plan only if the plan
proposes the maximum feasible reduction in consumption. As a condition of approving the
water conservation plan, the Municipal Operations Director may require the use of water
conservation devices or practices as he or she deems appropriate to result in the maximum
feasible reduction in consumption.
Section 14.16.110 Relief from Compliance.
A. Intent and Purpose. The City Council recognizes that water consumption can increase or
decrease because of factors unrelated to wasteful water use practices. Many customers
have installed water - saving devices and adopted water conservation practices that make it
difficult to satisfy the water consumption restrictions required by this chapter. This section
recognizes that adjustments to the base amount may be necessary to ensure that
application of this chapter to any particular customer does not produce unjust or inequitable
results. In addition, the section recognizes unique circumstances may result in undue or
disproportionate hardship as to a person using water which is different from the impacts to
water users generally. As a general rule, the Municipal Operations Director should not grant
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relief to any person or customer for any reason in the absence of showing that the person or
customer has achieved the maximum feasible reduction in water consumption other than in
the specific area or areas for which relief is requested.
B. Procedures. A person or customer may file an application for relief from the provisions of
this chapter with the Municipal Operations Director. The application shall be submitted in
writing to the Municipal Operations Department. The application must be filed within ninety
(90) days after the effective date of this chapter or ninety (90) days after implementation of
the then - current water supply shortage level, whichever shall occur last. The Municipal
Operations Director may require the submission of additional supporting documentation that
he or she deems necessary to grant the application for relief. The Municipal Operations
Director shall approve or disapprove the application for relief within thirty (30) days after it is
filed and deemed complete.
C. Factors to Be Considered
1. Relief from Water Consumption Restrictions. In determining whether relief should
be granted from water consumption restrictions, the Municipal Operations Director
shall consider all relevant factors including, but not limited to, the following:
a) Whether compliance with the water - conservation requirements then in effect
would result in unemployment or layoff of workers;
b) Whether additional persons are now living or working in the customer's premises
that were not living or working in the premises during all or a portion of the billing
periods used to calculate the base amount;
c) Whether customer had, during all or a portion of the billing periods used to
calculate the base amount, begun using water conservation practices that
remain in use and that reduced the customer's water usage by an amount
equivalent to the reduction required by the water supply shortage;
d) Whether any current or anticipated increase in production or manufacturing will
require the use of additional water;
e) The extent to which irrigation or watering of landscaping has been made
necessary by compliance with fuel load modification programs; and
f) The extent to which customer needs to use water to mitigate any emergency
health or safety hazards.
2. Relief from All Other Requirements. In determining whether relief should be granted
from all requirements other than water consumption restrictions, the Municipal
Operations Director must find, based on the application and supporting
documentation, that:
a) the relief does not constitute a grant of special privilege inconsistent with the
limitations imposed by this chapter on other persons and customers;
b) because of special circumstances applicable to the customer or person's
property or its use, the strict application of this chapter would have an impact on
the person or customer that is disproportionate to the impact on other similarly
situated persons or customers;
c) the condition or situation of the person or customer's premises for which the
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relief is sought is not common or general in nature; and
d) the person or customer has achieved or will achieve the maximum
feasible reduction in water consumption other than in the specific area or areas
from which relief is requested
D. Agreement. The Municipal Operations Director is empowered to enter into an agreement
with any person or customer to resolve the application for relief. The agreement shall be
memorialized in writing signed by the person or customer. The agreement shall fix the rights
of the person or customer and the City. During the effectiveness of the agreement, the
person or customer shall have no further right to seek relief pursuant to the provisions of this
section.
E. Final Decision. The Municipal Operations Director shall notify the person or customer of the
decision on the application for relief by mailing a notice of the decision to the person or
customer by means of, first class, postage prepaid, to the address specified on the
application.
F. Appeal of Final Decision. A person or customer may appeal the decision of the Municipal
Operations Director by submitting a written request within (90) days of the date of the
Municipal Operations Director's written decision. A written appeal request shall be submitted
to the City Manager and include the reasons for the request and signature of the person or
customer submitting the request. The City Manager may approve or disapprove the appeal
within (30) days from receipt of a request. The decision of the City Manger shall be final.
G. Willful Misrepresentation. Notwithstanding any other provision of law, no person shall make
any willful misrepresentation of a material fact with respect to any application for relief
submitted pursuant to this section. Any violation of the provisions of this subsection shall be
considered a misdemeanor, punishable as otherwise provided in this Code.
Section 14.16.120 Enforcement.
A. Responsibility -- Implementation Plan. The Municipal Operations Director shall be
responsible for the enforcement of this chapter. The Municipal Operations Director shall
develop an Implementation Plan to be used as a guideline for enforcing the provisions of
this chapter. The Implementation Plan shall provide the resources (staffing and
equipment) required to ensure the fair and timely execution of these requirements, as
well as a detailed execution strategy. In addition, the Implementation Plan shall ensure, so
far as is reasonable under the circumstances, that persons are notified of violations and are
provided an opportunity to cure the violation prior to being cited.
B. Additional Enforcement Options. In addition to the means of ensuring compliance set forth
in section 1.04.010 of this code, the City may elect to impose the following requirements on
a customer in the event of a continuing violation:
1. Water Flow Restrictors. The City may install a water flow restrictor of approximately
one gallon per minute for services up to one and one -half inches in size and
comparatively sized restrictors for larger services. Prior to doing so, the City shall
first provide a minimum of forty- eight (48) hours' notice of its intent to install a water
flow restrictor. In the event that a customer refuses to permit the installation of a
water flow restrictor following the City's election to do so, the City may terminate the
customer's water service.
2. Termination of Service. The City may disconnect a customer's water service for
willful violations of mandatory restrictions in this chapter.
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Section 14.16.130 State of Emergency
A. In the event that the Governor of the State of California proclaims a State of Emergency and
thereby issues orders or other general laws that mandate adoption of regulations by the
State Water Resources control Board and /or water conservation efforts by Customers. It is a
violation of this Section for any Customer to violate any such emergency order or general
law lawfully adopted by the State of California.
SECTION 2: If any section, subsection, sentence, clause or phase of this ordinance is, for any
reason, held to be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of the remaining portions of this ordinance. The City Council hereby declares that
it would have passed this ordinance, and each section, subsection, clause or phrase hereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional.
SECTION 3: The City Council finds that this ordinance is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in
a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)
(the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to
the environment, directly or indirectly.
SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the same to be published once in the official newspaper of
the City, and it shall be effective thirty (30) days after its adoption.
SECTION 5: This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 12th day of May, 2015, and adopted on the 26th day of May, 2015, by
the following vote, to wit:
FE 0104
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBE
EDWARD D. SELICH
ATTEST:
LEILANI I. BROWN. CITYCLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
By: C `� \�� 1 slslis
AARON C. HARP, CITY ATTORNEY
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