HomeMy WebLinkAboutCC Ord 10-1306 (Water Conservation)
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ORDINANCE NO. 10-1306
AN ORDINANCE OF THE CITY OF HERMOSA BEACH ADDING
CHAPTER 8.56 WATER CONSERVATION AND DROUGHT
MANAGEMENT PLAN TO TITLE 8 OF THE HERMOSA BEACH
MUNICIPAL CODE AND AMENDING CHAPTER 1.10 FOR
CONSISTENCY
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1: A new Chapter 8.56 is hereby added to Title 8 of the Hermosa Beach
Municipal Code to read as follows:
Chapter 8.56
WATER CONSERVATION AND DROUGHT MANAGEMENT PLAN
Sections:
8. 56.010 Title.
8. 56.020 Findings.
8. 56.030 Purpose and Intent.
8. 56.040 Definitions.
8. 56.050 Applicability.
8. 56.060 Water Conservation and Drought Management Plan.
8. 56.070 Water Conservation Requirements.
8. 56.080 Drought Response Level 1 – Drought Alert Condition.
8. 56.090 Drought Response Level 2 – Drought Critical Condition.
8. 56.100 Drought Response Level 3 – Drought Emergency Condition
8. 56.110 Procedures for Declaration and Notification of Drought Response Level and
Additional Water Conservation Measures.
8. 56.120 Exceptions.
8. 56.130 Penalties and Remedies.
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8.56.010 Title.
This Chapter shall be known as the “City of Hermosa Beach Water Conservation and
Drought Management Plan Ordinance.”
8.56.020 Findings.
A. A reliable supply of potable water is essential to the public health, safety and welfare of the
people and economy of the State, the southern California region and City of Hermosa Beach.
B. The State of California, southern California region and the City of Hermosa Beach suffer
from periodic water shortages, and a growing population, climate change, environmental
concerns, periodic energy shortages, and other factors make the region highly susceptible to water
supply reliability issues.
C. An active water conservation program with conservation measures applicable to all
sources and uses of water is essential to ensure a reliable supply of water for drinking, sanitation
and fire protection, and to protect the public health, safety and welfare.
D. A Water Conservation and Drought Management Plan is necessary to properly manage
water supplies and mitigate the effects of water shortages within the City by reducing water
consumption by residents, businesses and visitors, while minimizing the hardship caused to the
general public to the greatest extent possible.
E. Recycled water (including water reclaimed by the West Basin Municipal Water District,
graywater to the extent allowed by law and capture of rainwater) is a valuable resource that can be
used to offset imported and other water supplies and shall therefore be regulated under this
Chapter.
8.56.030 Purpose and Intent.
A. The purposes of this Chapter are to increase the conservation and efficient use of potable
water, maximize the use of recycled water, and provide a drought management plan. The plan
will reduce water consumption and extend available water supplies, minimize the effects and
hardship of water shortages on the City and the general public to the greatest extent possible, and
maximize the socioeconomic and environmental benefits associated therewith.
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B. This Ordinance is intended solely to further the conservation of water. It is not intended to
implement or supersede any federal, state, or local statute, Ordinance or regulation relating to
protection of water quality or control of drainage or runoff.
C. This Ordinance does not modify, terminate or otherwise affect the water services or water
rates of any person.
8.56.040 Definitions.
The terms in this Chapter relating to various uses of property shall be as defined in Title 17
(Zoning) and shall be broadly construed to achieve the purposes of this Chapter. In addition:
“Approval Authority” means the City Manager or his/her designee.
“Commercial" means commercial, industrial, or any other nonresidential business or use.
"Discretionary planning entitlement" means a land use permit or approval granted by the
planning commission necessary to proceed with development.
“Existing” as used in this Chapter means, as applicable:
A. An existing building means a building that was constructed or had received all required
approvals to commence construction on or prior to April 1, 2010.
B. An existing establishment means a business establishment that was in operation on or prior
to April 1, 2010.
"Irrigation system" or "landscape irrigation system" means an irrigation system with pipes,
hoses, spray heads, or sprinkling devices that is operated through an automated system.
“New” means as applicable:
A. "New building" means a building that is constructed, or receives all required approvals
to commence construction, after April 1, 2010.
B. “New establishment,” “new business” or “new facility” mean a business establishment
that initiates operation, or receives all required approvals to initiate operation, after April 1, 2010.
"Person” means any natural person or persons, corporation, public or private entity,
governmental agency or institution, or any other user of water within the City.
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"Positive action quick-release shutoff valve or nozzle" means a hand-held sprayer or similar
device that quickly, automatically and absolutely stops the flow of water when the user stops
exerting pressure. Water-efficient devices emit not more than three (3) gallons of water per
minute.
"Pre-rinse dishwashing spray nozzle" means a hand-held device that uses a spray of water to
remove food and grease from dishware, utensils and pans before placing them in the dishwasher
that emits not more than 1.6 gallons of water per minute.
"Pressure washer" means a water conserving cleaning device that emits not more than three (3)
gallons of water per minute.
"Recycled water" or "recycling system" means the capture, reclamation and reuse of non-
potable water for beneficial use.
"Single pass cooling system" means equipment where water is circulated only once to cool
equipment before the water is disposed.
"Water broom" means a water conserving sweeping device with spray jets that emit not more
than three (3) gallons of water per minute.
“Water-efficient” means a water conserving fixture, device or system that complies with the
water conservation standards of the most current edition of the California Plumbing Code or, if no
standard applies, is EPA WaterSense labeled or its equivalent. In no case shall the fixture, device
or system use more water than is indicated by the standard stated in this section.
"Water-efficient irrigation systems" means systems using water conserving devices, including
but not limited to weather based controllers, drip/micro-irrigation systems with emitters that emit
not more than two (2) gallons of water per hour, and stream rotor sprinklers that meet a seventy
(70) percent or greater efficiency standard.
"Water-efficient dishwashing machines or systems” mean devices that use not more than one
(1) gallon of water per rack.
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"Water-efficient laundry washing machines" means machines have a water factor of 6.0 or
less, wherein water factor means the number of gallons of water used per cycle, divided by the tub
volume.
"Water-efficient toilet" means toilets using not more than 1.6 gallons per flush or urinals using
not more than one (1) gallon per flush.
"Water recycling system" means a system that reclaims and reuses non-potable water.
8.56.050 Applicability.
This Chapter is applicable to every person, commercial business, or other water user in the use
of any water within the City. The City Council may by Resolution exempt pilot programs or
special programs of limited scope undertaken by the City or undertaken in conjunction with the
City's water providers.
8.56.060 Water Conservation and Drought Management Plan.
This Chapter establishes a water conservation and drought management plan consisting of both
permanent regulations designed to reduce water usage and increase the efficiency of water use on
an ongoing basis, and three increasingly restrictive levels of drought response actions to be
implemented in times of drought conditions.
8.56.070 Water Conservation Requirements.
The following water conservation requirements shall apply to all persons:
A. Landscaping.
1. Watering hours and duration. No lawn or landscaped area shall be irrigated or
watered by any means between the hours of 9:00 a.m. and 6:00 p.m. on any day. Above-ground
spray irrigation or watering shall not exceed fifteen (15) minutes per irrigation station or area.
This provision shall not apply to drip irrigation systems, use of a hand-held bucket or similar
container, use of a hand-held hose equipped with a positive action quick-release shutoff valve or
nozzle, irrigation necessary to establish newly planted low water usage plants, or water expended
for limited periods of time necessary for irrigation system maintenance or leak repair.
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2. Over-watering: No lawn or landscaped area shall be irrigated or watered to the point
where excess water ponds, sprays or runs off the lawn or landscaped area onto any walkways,
sidewalks, driveways, streets, alleys or storm drains.
3. Irrigation during rainfall: No lawn or landscaped area shall be irrigated or watered
during rainfall or within 24 hours after measurable rainfall.
4. Landscape maintenance: All lawns and landscaping shall be regularly maintained to
reduce water use by such methods as aerating, thatching and mulching.
5. Landscape irrigation system maintenance: Landscape irrigation systems shall be
regularly inspected, maintained and repaired to eliminate leaks, remove obstructions to water
emission devices and eliminate over spraying.
B. Pools and spas. New pools and spas shall be equipped with a cover. Not later than July 1,
2012, all existing pools and spas shall be constructed, installed or equipped with a cover. Pools
and spas shall be covered overnight and daily when use is concluded.
C. Water fountains and decorative water features. No person shall operate a fountain or
other decorative water feature that does not recycle or re-circulate the water utilized by the device.
D. Cleaning. No person shall use water to wash or clean any sidewalks, walkways, patios,
driveways, alleys, parking or similar areas, whether paved or unpaved; however, use of water
brooms or pressure washers or similar low flow technology, or water recycling systems to clean
these surfaces, is permitted. In no case shall such water run off the property or drain onto any
walkways, sidewalks, streets, alleys or storm drains.
E. Car washing. No person shall use water to wash or clean any motorized or un-motorized
vehicle, including, but not limited to, an automobile, truck, boat, van, bus, motorcycle, trailer or
similar vehicle, except by use of a bucket or similar container or a hand-held hose equipped with a
positive action quick-release shutoff valve or nozzle. This subsection shall not apply to any
commercial car washing facility that uses a water recycling system to capture or reuse water.
F. Waste and leaks. No person shall:
1. Cause, permit or allow water to leak from any exterior or interior pipe, hose or plumbing
fixture.
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2. Cause, permit or allow water to flow from any source on private or public property onto
walkways, sidewalks, streets, alleys or storm drains, except as a result of rainfall or pumping
excessive groundwater infiltration, such as by means of a sump pump.
3. The use of water for cleaning, washing and other uses shall be performed in an efficient
manner to reduce waste and total water use.
G. All commercial establishments.
1. Single pass cooling systems. Single-pass cooling systems shall not be installed in new
commercial buildings. When single pass cooling systems in existing businesses are replaced,
single pass cooling system shall not be installed as a replacement.
2. Toilets. New commercial establishments shall install and use only water-efficient
toilets. All existing commercial establishments shall install and use only water-efficient toilets by
January 1, 2014.
H. Eating and drinking establishments. The following provisions shall also apply to all
restaurants, cafes, snack shops, bars, other eating and drinking establishments, and food catering
businesses:
1. All establishments shall only provide drinking water to customers upon request.
2. All establishments shall install and use low-flow pre-rinse dishwashing spray nozzles by
July 1, 2011.
3. All establishments shall use low-flow technologies for washing and cleaning floors and
surfaces, such as using a hand-held bucket or similar container and mop, water brooms or pressure
washers.
4. New establishments shall install and use water-efficient dishwashing machines or
systems. When dishwashing machines in existing businesses are replaced, water-efficient
dishwashing machines or systems shall be installed. All existing establishments shall install and
use only water-efficient dishwashing machines or systems by January 1, 2014.
I. Hotels and motels. The following provisions shall apply to all hotels, motels, hostels, bed
and breakfast and similar temporary accommodation establishments:
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1. All establishments shall provide customers the option of choosing not to have towels and
linens laundered daily and shall prominently display notice of this option in each bathroom and
sleeping room using clear and easily understood language.
2. All establishments that provide on-premises facilities for laundering towels or linens
shall comply with Subsection J of this Section.
3. All establishments that provide food services shall comply with Subsection H of this
Section.
J. Laundry businesses. New commercial laundry businesses shall install and use water
recycling systems. When washing machines in existing businesses are replaced, water-efficient
laundry washing or water recycling systems shall be installed. All existing laundry businesses
shall install and use only water-efficient laundry washing machines or water recycling systems by
January 1, 2014.
K. Commercial car wash facilities. New commercial conveyor-type car wash facilities shall
install water recycling systems. All existing conveyor car wash systems shall install and operate
only water recycling systems by January 1, 2012. All existing commercial car wash operations,
including those accessory to another use, shall use high pressure, low volume wash systems,
bucket or similar container, and/or a hand-held hose equipped with a positive action quick-release
shutoff valve or nozzle, or similar low-flow device by January 1, 2012.
L. Exceptions. The provisions of this Section are not applicable to uses of water that are
necessary to protect public health and safety or for essential governmental services when such
uses of water cannot be reduced, such as for fire-fighting and other similar emergency services.
8.56.080 Drought Response Level 1 – Drought Alert Condition.
A. The City Council may by Resolution declare a Drought Alert condition and implement the
Level 1 conservation measures set forth in this Section on the grounds that, due to water supply
cutbacks caused by drought or reduction in supplies for other reasons, an overall consumer
demand reduction of up to ten (10) percent is required in order to have sufficient water supplies
available to meet anticipated demands.
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B. Except as otherwise stated in this Chapter, during a Level 1 Drought Alert condition all
persons using water shall comply with the following additional conservation measures:
1. Watering days and duration. Limit lawn and landscape watering or irrigation to no
more than three (3) days per week. Above-ground spray irrigation shall be limited to no more than
fifteen (15) minutes per watering station or area; this limitation shall not apply to the use of
recycled water to maintain public parks and facilities. The City Council may by Resolution
establish a schedule of permissible watering days. This provision shall not apply to commercial
nurseries, drip irrigation systems, use of a hand-held bucket or similar container and/or a hand-
held hose equipped with a positive action quick-release shutoff valve or nozzle.
8.56.090 Drought Response Level 2 – Drought Critical Condition.
A. The City Council may by Resolution declare a Drought Critical condition and implement
the Level 2 conservation measures set forth in this Section on the grounds that, due to water
supply cutbacks caused by drought or reduction in supplies for other reasons, an overall consumer
demand reduction of ten (10) to twenty (20) percent is required in order to have sufficient water
supplies available to meet anticipated demands.
B. During a Drought Critical condition all persons using water shall comply the following
additional conservation measures:
1. Watering days and duration. Limit lawn and landscape watering or irrigation to no
more than two (2) days per week, provided that the City Council may by Resolution limit lawn
and landscape watering or irrigation to no more than one (1) day per week to achieve a reduction
of up to twenty (20) percent. Above-ground spray irrigation shall be limited to no more than
fifteen (15) minutes per watering station or area; this limitation shall not apply to the use of
recycled water to maintain public parks and facilities. The City Council may by Resolution
establish a schedule of permissible watering days. This provision shall not apply to commercial
nurseries, drip irrigation systems, use of a hand-held bucket or similar container and/or a hand-
held hose equipped with a positive action quick-release shutoff valve or nozzle.
8.56.100 Drought Response Level 3 – Drought Emergency Condition.
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A. The City Council may by Resolution declare a Drought Emergency condition and
implement the Level 3 conservation measures set forth in this section on the grounds that overall
consumer demand reduction of more than twenty (20) percent is required because the ordinary
demands and requirements of water consumers cannot be satisfied without depleting water
supplies to the extent that there would be insufficient water for human consumption, sanitation,
and fire protection.
B. During a Drought Emergency condition all persons using water shall comply with Sections
8.56.070 (Water Conservation Requirements) and the following additional mandatory
conservation measures:
1. Irrigation and watering prohibition. No lawn or landscaping watering or irrigation
shall be allowed. This subsection shall not apply to the following, provided that watering days
and watering duration shall comply with Subsection B of Section 8.56.090:
a. Irrigation or watering using recycled water.
b. Irrigation necessary to establish new plantings of low water usage plants or
commercial nurseries.
c. Water efficient landscape irrigation systems using water efficient devices,
including but not limited to weather based controllers, drip/micro-irrigation systems with emitters
that emit no more than two (2) gallons per hour and stream rotor sprinklers that meet a seventy
(70) percent or greater efficiency standard.
d. Maintenance of trees and shrubs that are watered by using a bucket or other
watering container, hand-held hose equipped with positive action quick-release shutoff valve or
nozzle, or similar low-volume non-spray irrigation.
e. Maintenance of existing landscaping necessary for fire protection as specified by
the Fire Chief.
f. Maintenance of existing landscaping on slopes exceeding ten (10) percent for
erosion control.
g. Maintenance of landscaping within active public parks and playing fields, day care
center play areas, and school grounds.
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h. Public works projects.
i. Maintenance of plant materials identified to be rare, threatened or endangered or
essential to the health of documented rare, threatened or endangered animals.
2. Cleaning surfaces. Water shall not be used to wash, clean or clear any sidewalks,
walkways, patios, driveways, alleys, parking or similar areas, whether paved or unpaved; except
commercial or industrial establishments may use water broom, pressure washer or similar low
flow technology or water recycling systems when necessary to comply with health, safety, water
quality or other regulations verified by the approval authority. Pressure washers may be used to
clean surfaces in preparation for painting, construction, or occasional seasonal maintenance when
other methods are not practical.
3. Car Washing. Vehicles shall not be washed, except at commercial car wash facilities
that recycle water or use high pressure, low volume wash systems. Subject to Subsection E of
Section 8.56.070, this provision shall not apply to car washes held as fund raising activities for
bona fide community organizations, washing of garbage trucks, or washing of vehicles used to
transport food and perishables, and washing of other mobile equipment for which frequent
cleaning is essential for the protection of the public health, safety and welfare.
4. Ornamental Ponds and Lakes. Ornamental ponds or lakes if empty shall not be filled,
and if filled shall not be refilled or replenished.
5. Hotels and Motels: Mandatory Laundry Opt-Out. Hotels, motels, hostels, bed and
breakfasts and similar establishments shall not provide daily towel and linen laundering service to
customers, except upon a specific request.
8.56.110 Procedures for Declaration and Notification of Drought Response Level and
Additional Water Conservation Measures.
A. The City Council shall declare a Drought Response Level 1, 2 or 3 by Resolution in the
manner required by law and City procedures.
B. The City Council shall declare the end to any Drought Response Level by the adoption of a
Resolution in the manner required by law and City procedures.
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8.56.120 Exception.
A. An exception to any water conservation requirement of this Chapter may be granted or
conditionally granted in accordance with the following requirements.
1. Application. Any water user may file an application with the Community Development
Department for an exception from one or more water conservation measures on a form provided
by the City, including supporting documents and information demonstrating the grounds for the
requested exception, accompanied by a fee set by Resolution of the City Council.
2. Findings. The approving authority may approve, conditionally approve or deny an
application for an exception from water conservation measures. An application for an exception
shall be denied unless the approval authority finds, based on the information provided in the
application, supporting documents or such additional information as may be requested, all of the
following:
a. That, due to special circumstances applicable to the property or its use, the strict
application of this Ordinance would disproportionately impact the property or use when compared
to similar types of uses or properties; and
b. That other water conserving measures to substantially off-set the proposed water use
have been or will be employed as a condition of the approval, or the lack of such measures will
not materially affect the ability of the City to achieve the purposes of this Chapter; and
c. That the exception does not constitute a grant of special privilege inconsistent with
the limitations upon other residents and businesses.
3. Approval authority. The approval authority shall act upon any application no later than
ten (10) days after receipt of a complete application, and may approve, conditionally approve, or
deny the exception. The applicant requesting the exception shall be promptly notified in writing
of any action taken. Unless otherwise specified at the time an exception is approved, the
exception shall only apply during the period of the specific circumstances from which an
exception is requested.
4. Appeals. An applicant may appeal the approval authority's decision, or any conditions
placed on the approval, to the City Council within ten (10) days of the date of decision. A written
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request shall be submitted to the City Clerk stating the grounds for the appeal accompanied by a
fee adopted by Resolution of the City Council. The City Council shall review the appeal at the
next available meeting that the item may be heard.
8.56.130 Penalties and Remedies. Violations of the provisions of this Chapter are subject to
the administrative penalty provisions of Chapter 1.10.
SECTION 2. Subsection A of Section 1.10.040 of Title 1, Chapter 1.10 of the Hermosa
Beach Municipal Code is amended by amending item 14 and adding new items 16 and 17, to read
as follows:
14. Sections 16.16.070 and 16.16.080: Grease Recovery Systems
16. Chapter 8.56: Water Conservation and Drought Management Plan
17. Chapter 8.60: Water Efficient Landscape
SECTION 3. Section 15061(b)(3) of Title 14 of the California Code of Regulations exempts
the Ordinance from the requirements of the California Environmental Quality Act because it
prohibits water wasting within an urban environment and institutes behavioral practices that are
themselves not within the definition of a 'project' under CEQA, institutes restrictions on water use
in times of drought, and it complements and reinforces restrictions on the introduction of
pollutants into the municipal storm water system. Therefore, it can be seen with certainty that
there is no possibility that this Ordinance will cause a direct physical change in the environment,
and therefore the adoption of this Ordinance is not considered a project per §21065 of CEQA.
Consequently, it is categorically exempt in accordance with CEQA Guidelines §15308 as an
action taken by a regulatory agency as authorized by California law to assure maintenance or
protection of the environment and §15307 as an action taken by a regulatory agency to assure
maintenance of water, a natural resource.
SECTION 4. This Ordinance shall become effective and be in full force and in effect
from and after thirty (30) days of its final passage and adoption.