HomeMy WebLinkAboutCC Ord 1586 2009-06-08ORDINANCE NUMBER 1 586
AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL
BEACH MUNICIPAL CODE BY REVISING AND SUPPLEMENTING THE
CITY'S WATER CONSERVATION PROVISIONS
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. The Seal Beach Municipal Code is amended by deleting Sections
9.35.095 through 9.35.135 and replacing those sections with new sections
(Water Conservation) to read as follows:
Chapter 9.35 Water and Water Conservation
§ 9.35.005 Definitions.
A. For the purposes of this chapter, "backflow," "designated irrigation
days," "director," "local health agency" and "water user" are defined in § 9.35.005.
B. Any word or phrase used in this chapter that is defined in the
Health and Safety Code Section 116275 or in California Code of Regulations
Title 17, Section 7583 and not defined in § 9.35.005 shall have the meaning set
forth in such state law provision.
§ 9.35.095 Permanent Water Conservation.
The water conservation requirements set forth in this Chapter are effective
at all times and are applicable unless repealed by the City Council. Violations of
this Chapter shall be considered waste and an unreasonable use of water.
§ 9.35.100 Leaks.
Each water user shall repair all leaks from indoor and outdoor plumbing
fixture at the user's premises. Such water user shall eliminate any loss or
escape of water through breaks, leaks or other malfunctions in the water user's
plumbing or distribution system promptly after discovering the leak and in no
event in less than 7 days.
§ 9.35.105 Runoff.
No water user shall cause or allow water to run off landscape areas into
adjoining streets, sidewalks, driveways, alleys, gutters, ditches or any paved
surfaces due to incorrectly maintained sprinklers, excessive watering or use.
§9.35.110 Limits on Watering Hours.
No water user shall cause or allow watering or irrigating of the user's lawn,
landscape or other vegetated area with potable water between 9:00 a.m. and
5:00 p.m. on any day, except by use of a hand -water shut -off nozzle or device, or
® for a very short period of time for the limited purpose of adjusting or repairing an
irrigation system.
§ 9.35.115 Limit on Watering Duration.
No water user shall cause or allow watering or irrigating of lawn,
landscape or other vegetated area with potable water using a landscape
irrigation system or a watering device that is not continuously attended for longer
than 15 minutes watering per day per station. This section does not apply to
landscape irrigation systems that exclusively use very low -flow drip type irrigation
systems when no emitter produces more than 2 gallons of water per hour and
Ordinance Number 1586
weather based controllers or stream rotor sprinklers that meet a 70% efficiency
standard.
§ 9.35.120 Service of Water at Restaurants.
Restaurants shall not offer water service and shall serve water only to a
customer that specifically requests water.
§ 9.35.125 Re- circulating Water Required for Water Fountains and
Decorative Water Features.
No person shall operate a water fountain or other decorative water feature
that does not use re- circulated water.
§ 9.35.130 No Installation of Single Pass Cooling Systems.
No person shall install single pass cooling systems in connection with new
water service.
§ 9.35.135 No Installation of Non -re- circulating in Commercial Car Wash
and Laundry Systems
No person shall install non -re- circulating water systems in connection with
commercial conveyor car wash and commercial laundry systems. Effective on
January 1, 2010, the owner or operator of any commercial conveyor car wash
system shall install operational re- circulating water systems, or secure a waiver
of this requirement from the Director.
§ 9.35.140 Washing of Vehicles and Equipment.
No person shall wash a motor vehicle, trailer, boat or other type of mobile
equipment other than by a hand -held bucket or by a hose equipped with a
positive shut -off nozzle. This prohibition shall not apply to washing performed at
a commercial car wash.
§ 9.35.145 Determination of Water Conservation Phase.
A. The city council may by resolution declare a water conservation
phase upon making a finding specified in paragraph B. Such resolutions shall
specify the start day of the phase and shall be effective upon publication in a
daily newspaper of general circulation within the city.
B. The finding necessary for each water conservation phase is as
follows:
1. Phase 1: A Phase 1 Water Supply Shortage exists when the
city council determines, in its sole discretion, that due to drought or other water
supply conditions, a water supply shortage or threatened shortage exists and a
consumer demand reduction is necessary to make more efficient use of water
and appropriately respond to existing water conditions. Upon the declaration by
the city council of a Phase 1 Water Supply Shortage condition, the city council
will implement the mandatory Phase 1 conservation measures identified in this
section.
2. Phase 2: A Phase 2 Water Supply Shortage exists when the
city council determines, in its sole discretion, that due to drought or other water
supply conditions, a severe water supply shortage or threatened shortage exists
and a consumer demand reduction is necessary to make more efficient use of
water and appropriately respond to existing water conditions. Upon the
declaration by the city council of a Phase 2 Water Supply Shortage condition, the
city council will implement the mandatory Phase 2 conservation measures
identified in this section.
Ordinance Number 1586
3. Phase 3: A Phase 3 Water Supply Shortage condition is
also referred to as an "Emergency" condition. A Phase 3 condition exists when
the city council declares a water shortage emergency and notifies its residents
and businesses that a significant reduction in consumer demand is necessary to
maintain sufficient water supplies for public health and safety. Upon the
declaration of a Phase 3 Water Supply Shortage condition, the city council will
implement the mandatory Phase 3 conservation measures identified in this
section.
§ 9.35.150 Phase 1 Measures.
The following water conservation measures apply during water
conservation phase 1.
A. Irrigation shall not be performed except on designated irrigation
days and between the hours of 6:00 p.m. and 6:00 a.m. Irrigation may be
performed at any time if done by means of a hand -held hose equipped with a
positive shut -off nozzle, a hand -held faucet filled bucket of 5 gallons or less, or a
drip irrigation system.
B. Agricultural users and commercial nurseries shall curtail all non-
essential water use, but are otherwise exempt from phase 1 measures. Watering
of livestock and irrigation of propagation beds are permitted at any time.
C. Washing of motor vehicles, boats, airplanes and other mobile
equipment shall be performed only on designated irrigation days and between
the hours of 6:00 p.m. and 6:00 a.m. This prohibition shall not apply to the
washing of garbage trucks, vehicles used to transport food and perishables and
other mobile equipment for which frequent cleaning is essential for the protection
of the public health, safety and welfare.
D. Filling or refilling of swimming pools, spas, ponds and artificial lakes
shall be performed only on designated irrigation days and between the hours of
6:00 p.m. and 6:00 a.m.
E. Watering golf courses, parks, school grounds and recreational
fields shall be performed only between the hours of 6:00 p.m. and 6:00 a.m. This
prohibition does not apply to golf course greens.
F. Water shall not be used to wash down sidewalks, hard or paved
surfaces, including but not limited to sidewalks, walkways, driveways, parking
areas, tennis courts, patios or alleys. Notwithstanding this prohibition, a water
user may wash down such surfaces when necessary to alleviate safety or
sanitary hazards, and then only by use of a hand -held bucket or similar
container, a hand -held hose equipped with a positive self - closing water shut -off
device, a low- volume, high - pressure cleaning machine equipped to recycle any
water used, or a low- volume high - pressure water broom.
G. Ornamental fountains and similar structures shall not be operated.
§ 9.35.155 Phase 2 Measures.
The following water conservation measures apply during water
conservation phase 2.
A. Irrigation shall not be performed except on designated irrigation
days and between the hours of 10:00 p.m. and 6:00 a.m.
B. Agricultural users and commercial nurseries shall use water only
between the hours of 6:00 p.m. and 6:00 a.m. Watering of livestock and
irrigation of propagation beds are permitted at any time.
Ordinance Number 1586
C. Washing of motor vehicles, boats, airplanes and other mobile
equipment is prohibited except when performed at a commercial car wash. This
prohibition shall not apply to the washing of garbage trucks, vehicles used to
transport food and perishables and other mobile equipment for which frequent
cleaning is essential for the protection of the public health, safety and welfare.
D. Filling or refilling of swimming pools, spas, ponds and artificial lakes
shall be performed only on designated irrigation days and between the hours of
10:00 p.m. and 6:00 a.m.
E. Watering golf courses, parks, school grounds and recreational
fields shall be performed only between the hours of 10:00 p.m. and 6:00 a.m.
This prohibition does not apply to golf course greens.
F. Water shall not be used to wash down sidewalks, driveways,
parking areas, tennis courts patios or other paved areas except to alleviate
immediate fire or sanitation hazards and then only by use of a hand -held bucket
or similar container, a hand -held hose equipped with a positive self - closing water
shut -off device, a low- volume, high - pressure cleaning machine equipped to
recycle any water used, or a low- volume high - pressure water broom. .
G. Restaurants shall not serve water to customers unless specifically
requested.
H. Ornamental fountains and similar structures shall not be operated.
I. New construction meters and permits for unmetered service shall
not be issued. Construction water shall not be used for earth work or road
construction purposes.
J. The use of non - reclaimed and non - recycled water by commercial
car washes shall be reduced in volume by 20 %.
§ 9.35.160 Phase 3 Measures.
The following water conservation measures apply during water
conservation phase 3.
A. Outdoor irrigation is prohibited.
B. Use of water for agricultural or commercial nursery purposes is
prohibited. This prohibition shall not apply to watering of livestock.
C. Washing of motor vehicles, boats, airplanes and other mobile
equipment is prohibited except when performed at a commercial car wash. This
prohibition shall not apply to the washing of garbage trucks, vehicles used to
transport food and perishables and other mobile equipment for which frequent
cleaning is essential for the protection of the public health, safety and welfare.
D. Filling or refilling of swimming pools, spas, ponds and artificial lakes
is prohibited.
E. Watering golf course areas, other than greens, is prohibited.
Watering of parks, school grounds and recreational fields is prohibited except for
plant materials classified as rare, exceptionally valuable or essential to the well
being of rare animals.
F. Water shall not be used to wash down sidewalks, driveways,
parking areas, tennis courts patios or other paved areas except to alleviate
immediate fire or sanitation hazards.
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Ordinance Number 1586
G. Restaurants shall not serve water to customers unless specifically
requested.
H. Ornamental fountains and similar structures shall not be operated.
I. New construction meters and permits for unmetered service shall
not be issued. Construction water shall not be used for earth work or road
construction purposes.
J. The use of non - reclaimed and non - recycled water by commercial
car washes shall be reduced in volume by 50 %.
K. The use of water for commercial manufacturing or processing
purposes shall be reduced in volume by 50 %.
L. Water shall not be used for air conditioning purposes.
§ 9.35.165 Relief From Water Conservation Measures.
A. Within 15 days of the effective date of a resolution declaring the
water conservation phase, any water user may apply to the Director for relief
from the applicable water conservation measures. Applications shall be filed on
a city - provided form and shall be accompanied by an application fee in an
amount set by city council resolution.
B. The Director may approve, conditionally approve or deny an
application for relief from water conservation measures. In making such
determination, the Director shall consider the following factors:
1. Whether additional reduction in water consumption will result
in unemployment.
2. Whether additional persons have been added to the
household.
3. Whether additional landscaped property has been added to
the property since the corresponding billing period of the prior calendar year.
4. Changes in vacancy factors in multi - family housing.
5. Increased number of employees in commercial, industrial
and governmental offices.
6. Increased production requiring increased process water.
7. Water uses during new construction.
8. Adjustments to water use caused by emergency health of
safety hazards.
9. First filling of a permit- constructed swimming pool.
10. Water use necessary for reasons related to family illness or
health.
11. Whether the applicant has achieved the maximum practical
reduction in water consumption other than in the specific areas for which relief is
sought.
C. The decision of the Director shall be final.
Ordinance Number 1586
§ 9.35.170 Enforcement of Water Conservation Requirements.
A. The penalties set forth in this section shall be exclusive and not
cumulative with any other provision of this code.
B. Violation of water conservation measures shall be penalized as
follows:
1. First violation: the Director shall issue a written notice.
2. Second violation during a water conservation phase: the
Director shall impose a surcharge in an amount equal to 15% of the violator's
water bill.
3. Subsequent violations during a water conservation phase:
the Director shall install a flow restricting device of one gallon per minute capacity
for services up to 1.5 inches size, and a comparatively sized restrictor for larger
service, on the service of the violator at the premises at which the violation
occurred for a period of not less than 48 hours. The Director shall charge the
water user the actual costs of installation and removal of the device and for
restoration of normal service. Normal service shall not be restored until all the
account has been made current and all charges have been paid.
C. Any person receiving a notice of second or subsequent violation
may request a hearing by the Director by filing a written appeal with the city clerk
within 15 days of the date of such notice. The appeal fee shall be in an amount
set by city council resolution. A timely request for a hearing shall stay the
installation of a flow- restricting device on the appellant's premises until a decision
has been made on the appeal. If the Director determines that the surcharge was
incorrectly assessed, the city shall refund any money deposited by the customer.
The Director's decision on the appeal shall be final.
SECTION 2. If any section, subsection, subdivision, paragraph, sentence, clause
or phrase of this ordinance or any part thereof is for any reason held to be
invalid, such invalidity shall not affect the validity of the remaining portions of this
ordinance or any part hereof. The City Council of the City of Seal Beach hereby
declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause or phrase hereof, irrespective of the fact that any
one or more sections, subsections, subdivisions, paragraphs, sentences, clauses
or phrases be declared invalid.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the 8th day of June , 2009.
ATTEST:
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City Jerk
Ordinance Number 1586
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California do hereby certify
that the foregoing Ordinance was introduced for first reading at a meeting held on
the 11 th day of May , 2009 and was passed, approved and adopted
by the City Council at a meeting held on the 8th day of June , 2009
by the following vote:
AYES: Councilmembers:
NOES: Councilmembers: -� c
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
And do hereby further certify that Ordinance Number 1586 has been
published pursuant to the Seal Beach City Charter and Resolution Number 2836.
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CirV616rk
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Ordinance Number 1586
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above - entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75 Case Number A82583 that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to -wit:
all in thckyear 2009.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach CA,
Q'\ k day f - , 2009. �60""
Signature
PUBLICATION PROCESSED BY:
THE SEAL BEACH SUN
216 Main Street
This space is for the County
Clerk's Filing Stamp
Proof of Publication of
. .......... . .... . . .... . .. . . . . . . . . . . . . . . . . . . . . . .
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Seal Beach, CA 90740
(562) 430 -7555
NOTICE OF PUBLIC
measures including: Prompt
leak repairs; Limits on
HEARING & SUMMARY -
Watering Hours; Limit on
ORDINANCE NUMBER
Watering Duration; No
1586
Washing Down Hard Surfaces;
DI
AN ORDINANCE OF THE
Re- circulating water for Water
Fountains; No Installation of
CITY SEAL BEACH
AMENDING THE SEAL
` Single Pass Cooling Systems;
`� No Installation of Non- re -cir-
BEACH MUNICIPAL CODE
BY REVISING.AND SUP-
culating water systems in
PLEMENTING THE CITY'S
Commercial Car Wash and
Laundry systems; Commercial
WATER CONSERVATION
• Car Wash Systems; Runoff.
PROVISIONS
There are changes to the
The Seal Beach Municipal
language related to declara-
Code is amended by deleting
tion of Phase 1, Phase 2 and
Sections 9.35.095 through
Phase 3 conditions.
Ordinance Number 1586
9.35.135 and replacing those
sections with a new Chapter
was introduced at the regu-
9.37 (Water Conservation).
lar City Council meeting of May
New conservation measures
11, 2009. Public hearing,
sec090 reading, aid adoption
are proposed as part of
Metropolitan Water District
of Ordinance Number 1586 is
of Southern California's (MET)
scheduled for June 8, 2009.
5 -Year Water Supply Plan.
Introduction and first read -
To help foster immediate;
ing of Ordinance Number
1586 was approved by the
widespread and on -going effi-
ciency practices by the pub-
following vote:
lic, local agencies are request-
ed to enact water conserva-
AYES: Antos, Levitt, Miller,
tion ordinances as prerequi-
sites for participating in MET's
Shanks
ABSENT: Sloan
incentive programs. To qual-
NOES: None, Motion carried
ify for incentive payments,
ordinances must include pro-
Copies of Ordinance
visions which prohibit cer-
Number 1586 are available
from the office of the City
tain water uses, including
washing down hard surfaces;
Clerk, City Hall, 211 - 8th
outdoor irrigation restrictions;
Street, Seal Beach; telephone
and, enforcement and penal-
(562) 431 -2527 ext. 1305.
DATED THIS 12th day of May
ties. Metropolitan Water District
of Orange County (MWDOC)
is spearheading the effort to
2009.
Linda Devine, City Clerk
have all of its agencies adopt
City of Seal Beach
ordinances which meet the
MET requirements.
SB -349
Published in the Seal Beach
Substantive changes to the
Sun 05/21/2009.
existing ordinance include
-the addition of provisions for
permanent conservation
1
1
1
Seal Beach, CA 90740
(562) 430 -7555
Ordinance Number 1586
J
u
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above - entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75 Case Number A82583 that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to -wit:
�J-e IL
all in the year 2009.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated _at Seal B each. CA
, 2009.
Signature
PUBLICATION PROCESSE BY:
THE SEAL BEACH SUN
216 Main Street
Seal Beach, CA 90740
(562) 430 -7555
This space is for the County
Clerk's Filing Stamp
Proof of Publi cation of
NOTICE OF PUBLIC culating water systems in
i
Commercial Car Wash ,and
HEARING & SUMMARY -' Laundry systems; Commercial
ORDINANCE NUMBER • Car Wash Systems;;Runoff.
1586 There are changes to the
I language related to declare-
AN ORDINANCE OF THE tion of Phase 1, Phase 2 and
CITY OF SEAL BEACH, Phase 3 conditions.
AMENDING THE SEAL'
BEACH MUNICIPAL CODE Ordinance Number 1586
BY REVISING AND SUP-'was introduced at the re u-
PLEMENTING THE CITY'S lar City Council meeting of May
WATER CONSERVATION 11, 2009. Adoption of
PROVISIONS Ordinance Number 1586 was
approved as amended on
The Seal Beach Municipal June 8, 2009 by the following
Code is amended by deleting vote:
Sectidris 9.35.095 through
9.35.135 and replacing those AYES: Antos, Levitt, Miller,
sections with a new Chapter Shanks, Sloan
9.37 (Water Conservation). ABSENT: None
New conservation measures NOES: None
are proposed as part of Motion carried
Metropolitan Water District
of Southern California's (MET) Copies of Ordinance
5 =Year Water Supply Plan. Number 1586 are available
Substantive changes to the from the office of the City
existing ordinance include Clerk, City Hall, 211 - 8th
the addition of provisions for Street, Seal Beach; telephone
permanent conservation (562) 431 -2527 ext. 1305.
measures including: Prompt DATED THIS 9th day of June
leak repairs; Limits on 2009.
Watering Hours; Limit on Linda Devine, City Clerk
Wateringg Duration; No City of Seal Beach
Washing Down Hard Surfaces; SB -354
Re- circulating water for Water Published in the Seal Beach
Fountains; No Installation of Sun 6/18/2009.
Single Pass Cooling Systems;
No Installation of Non- re -cir-