HomeMy WebLinkAbout03 - Amendment to NBMC Chapter 14.16 (Water Conservation Ordinance and Supply Level Regulation) - AmendedMay 26, 2015
Item No. 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 -Conse �aticonRequirements.
14.16.050 Procedure for Declaration of Water Supply.Shortage — Continued Monitoring
of Conditions. ���
14.16.060 Level One Mandatory Water Cons` ervation Requirements.
14.16.070 Level Two Mandatory Wate�r\ Conservation Requirements.
14.16.080 Level Three Mandatory VUa� C nservation Requirements.
14.16.090 Level Four �Mandat�`ryfW�alter- Conservation Requirements.
14.16.100 Exemptions.
14.16.110 Relief from Coj pliance. 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 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. n
4. Article X, section 2, of the California ConstitutiohSd'eclares that the general
welfare requires that water resources be put tolbeneficial use, that waste
or unreasonable use or unreasonable method of ruse- dwater is prevented
and that conservation of water be ,\fu \eerised with a view to the
reasonable and beneficial use thereof. 1\
5. Article XI, section 7 of the California Consfitution declares that a city or
county may make and enforce within�ts4mits all local, police, sanitary
and other ordinances and regulations\noi in conflict with general laws.
6. California Water Code section 37`5 - authorizes a water supplier to adopt
and enforce a comprehensive water conservation program to reduce
water consumption and- copse;ve supplies.
7. The adoption and (enforcement of the Water Conservation and Supply
Shortage Prograrrnis necessary to manage the City's water supply in the
short and Ibnig term�and to avoid or minimize the effects of a supply
shortage with in the- City's service area. Such a program is essential to
ensure a reliableJand 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
period. For Customers occupying premises for which the City's water billing history
includes 2013, the Base amount shall be the amount of water used during the same
billing period in 2013. For Customers occupying premises for which the City's water
billing history does not include the same billing period in 2013, the Base amount shall
be the estimate of the water usage per billing period of similar premises and users.
"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.
"Billing unit" means the unit of water used to apply water rates for purposes of
calculating water charges for a person's water usage and equals 748 gallons.
"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.
"Customer" shall mean any person using or receiving water1ser'vice 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 ,,nsdlidMCMater District.
"Department of Public Health" shall mean the Orange Counfy Department of Health.
"Excessive flow or runoff" shall mean frequent �nd %or large amounts of runoff from
irrigation and /or other outdoor water use.
"Fire Marshall" shall mean the City of ^�Ne \ \wport Beach's Fire Marshall or his or her
designee. ^ � �t� //J
"Fuel modification zone" shall ,rneahrcombustible native or ornamental vegetation that
has been modified �d,partia\ly�o` totally replaced with drought tolerant, fire retardant
plants and maintained per,Fireode 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 th,e City\of Newport Beach's
Municipal Operations Department or his or her designee.
"Water" shall mean potable water and recycled wa \r,.
"Water- conserving kitchen spray valve" means
1.6 gallons of water or less per minute of use.
'Water conservation plan" means a
the Utilities Director, in conjuncts,
exemption that proposes the maxim
spray valve that uses
tted by a customer for the approval of
request for an exemption or partial
reduction in consumption.
"Water consumption restrictio�ds "\'shall,,mean those provisions in this chapter that
require customers to reduce the am nt of water consumed during a water supply
A
shortage in relation to the-base a mount.
unt.
"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 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 �lci�y,standard.
B. No person shall use water to irrigate any I'awnCagdd oP ornamental landscape
area in a manner that causes or allows excessive flow or runoff onto an
adjoining sidewalk, driveway, street, alley, (gvqrr l ditch.
C. No person shall use water to wash do n hard/or paved surfaces, including, but
not limited to, sidewalks, walkways, driveways, parking areas, tennis courts,
patios or alleys, except when necessaTto 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 �cle�aninJg machine (e.g., "water broom ") equipped to
recycle any water used..v N
D. No person shdUpern?it-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.
E. No customer shall use potable water to irrigate lawns, groundcover, shrubbery
or other ornamental landscape material during and within 48 hours after a
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 o.r other public places
where food or drinks are sold, served, or offered for\sail'e /shall not provide
drinking water to any person unless expressly requested f by the person.
L. Customers operating hotel, motel,
\\ d�othe/r commercial lodging
establishments shall provide persons the opfiondf not having towels and linen
laundered daily. Commercial lodging establvments must prominently display
notice of this option.
M. No customer shall install a neiw`\single pass cooling system in a building or
premises requesting new water service. This provision shall not prevent the
replacement or repair of sing leNassycooIing 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 Janua y-1, 2014, all washing machines installed in commercial
and /or coin - operated laundries shall be ENERGY STAR® and CEE Tier III
qualified. V
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 buildings 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 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 m'ay\?perate a commercial
kitchen that does not comply with the following requirements.
1. Water- Conserving Pre -Rinse Kitchen Spray�ValvestiNew 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 New or remodeled
commercial kitchens shall ensure that -all water -using equipment in new
or remodeled commercial kite ns uses the best - available, water -
conserving technology. (nip
3. No customer
food to be de
mercial kitchen shall defrost food or allow
nq water.
4. Scoop�s&s shall tie-set at minimum water flow at all times of use and
shut off durin�n- 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 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 becomeNeffective following the
adoption of a resolution declaring the existence of a� particular level of water
supply shortage shall remain in full force and effect unti) the resolution is
repealed or until new mandatory conservation requirements become effective
following the adoption of a subsequent resolutienNdecl ira ng the existence of a
water supply shortage. ���
C. During the existence of a water supply ��`Shoirt>e, the Municipal Operations
Director shall provide periodic reports to th e, City Council regarding compliance
with the mandatory conservation requirements of the level of water supply
shortage, current and anticipatedlallocations of water from MET, and any
change in circumstances thaat�cou%Id warrant a position of more stringent
measures or relaxation of- measures1then in effect.
Section 14.16.060 Level One' an 66 Water - Conservation Requirements.
On the tenth day after a� re olutl'onldeclaring the existence of a Level One water supply
shortage becomes effective�-thefollowing mandatory water - conservation requirements
shall take effect. % l
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`ofwater 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
� \ I
the City. (� ( „U
D. No customer may use potable water to fill e`r refilkan,ornamental lake, pond, or
fountain, more than once per week, exceptvto the extent needed to sustain
� \ i i'�J
aquatic life, provided that such animalsew�er�e being actively managed within the
water feature at the time of the City's ini>v -- declaration of a then- continuing
water supply shortage. ��
E. No customer may use
refill a residential swim
Section 14.16.070 Level
On the tenth day after
shortage becomes eff
shall take effect.
: of potable water per week to fill or
r spa.
Water - Conservation Requirements.
Ndeclaring the existence of a Level Two water supply
following mandatory water - conservation requirements
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 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. (p�ulrlpiks(le 3. Short periods of irrigation for the exclusive of adjusting or
repairing an irrigation system. ( W \j
C. No customer shall use more water dldrno any /billing period than the
percentage of the base amount established)�injthe resolution declaring the
Level Two water supply shortage, which percentage shall be in the range from
90% and 75% of the base amount. N
D. No person shall permit excessive�use, Igss or escape of water through breaks,
leaks or other malfunctions( in �thbw&r's plumbing or distribution system for
more than forty -eight (48) "Hurs after receiving notice of the condition from the
City. (1�
E. No customer rnay`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 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. Customers may use no more than six inches of potable water per week to fill or
refill a residential swimming pool or outdoor spa.
Section 14.16.080 Level Three Mandatory Water - Conservation Requirements.
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 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 an'dshrub`s, that is watered
using a hand -held bucket or similar container) or hand -held hose
equipped with positive self - closing rwater 'sli��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 (incl,ud'ng 'fruit trees and vegetable gardens),
provided that such irrigation d�es�no7exceed three (3) days per week on
a schedule established and po ted by the City's Municipal Operations
Department. _ l
3. Short periods of �irrigatiio -for the exclusive purpose of adjusting or
repairing an irrigatiovystem.
C. No customer Fshzall-�Ij more water during any billing period than the
percentage of base amount established in the resolution declaring the
Level Three waIer(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. Customers may use no more than three inches of potable water per week to fill
or refill a residential swimming pool or outdoor spa.
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 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 necessary for soil
erosion control; �� I 1 n
4. Maintenance of plant materials identified,fc 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, schoo't grounds, cemeteries, and golf course greens,
provided that such irrigation does not exceed two (2) times per week
on a schedule establishedv`by resolution of the City Council and posted
by the Municipal Operations Director.
6. Public�wo,ks projects and actively irrigated environmental
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 supply shortage under this chapter.
F. No customer may use potable water to fill or refill.a Ir\r sid''ential swimming
pool or outdoor spa. (��/
Section 14.16.100 Exemptions. �
A. The provisions of this chapter do not apply tolany
of the following. ��
1. Uses of water necessary tb� protect public health and safety or for
essential government se\Niees-? such as police fire and other similar
emergency services.
2. The filling, operation,rand maintenance of a swimming pool that is
open to -the public�at rates of charge deemed reasonable by the City
Council., <
3. The wash�irfg 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 recognizeshat water consumption can
increase or decrease because of factors\unrel \edlto/ wasteful water use
practices. Many customers have installed�wat r�sa�ing devices and adopted
water conservation practices that makep�it difficult to satisfy the water
consumption restrictions required by this chap-ter. 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 /r ce ognizes unique circumstances may result in
undue or disproportionate hardship)ag to'a person using water which is different
from the impacts to water, uisersgenerally. As a general rule, the Municipal
Operations Director should not grant 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 consumption other than in the specific area
or areas for which relief -is requested.
B. Procedures. A Viper "son 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 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) For residential Customers, whether the usage in the prior Billing
period was equivalent to or less than tenN(10) Billing units for
Customers billed on a monthly basis, or tw�vy�(20) Billing units for
Customers billed on a bi- monthly basis. -� \\ �
d) Whether customer had, during \all orla\po"rtion of the billing periods
used to calculate the base amoun &e\gu�n/using water conservation
practices that remain in use arid� that educed the customer's water
usage by an amount equivalenttKto the reduction required by the
water supply shortage; N
e) Whether any currelnt or ;a'nticipated increase in production or
manufacturing will require /the use of additional water;
f) The extent to( vvhi(h irrigation or watering of landscaping has been
made necessary I bye compliance with fuel load modification
g) The\e'xtent to which customer needs to use water to mitigate any
emergency health or safety hazards.
2. Relief fro'ni 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 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 bye 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 y apal the decision of the
Municipal Operations Director by submitting a�writ,ma peal
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 personKr customer submitting the request.
The City Manager may approve or disapprove �lthe appeal within (30) days from
receipt of a request. The decision of, the City Manger shall be final.
G. Willful Misrepresentation. Notwithsf6pding 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.C.ode.
Section 14.16.120 E
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.
Section 14.16.130 State of Emergency
If 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. \UJ�
SECTION 2: If any section, subsection, sentenc(e\clau'se>o n, phase of this ordinance
is, for any reason, held to be invalid or unconstitutional,�sueh 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,
/-� i \�i
subsection, clause or phrase hereof, irrespectiv3 of the fact that any one or more
sections, subsections, sentences, clauses, and phrases be declared unconstitutional.
SECTION 3: The City Council finds-that`th'is ordinance is not subject to the California
Environmental Quality Act ( "CE QA') pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reaslonably foreseeable indirect physical change in the
environment) and 15060(c)('3)v(thje activity is not a project as defined in Section
15378) of the CEQA1Gudelines, 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: Except as expressly modified in this ordinance, all other Sections,
Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal
Code shall remain unchanged and shall be in full force and effect.
SECTION 5: 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 6: This ordinance was introduced at a regular meeting of the City Council
of the City of Newport Beach held on the 26th day of May, 2015, and adopted on the
9th day of June, 2015, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MA
ATTEST:
LEILANI I. BROWN,
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICI
EDWARD D. SELI
I Z. S
By. L.P
AARON C. HARP. CITY ATTORNEY