Big Bear Lake Municipal Code Ch. 13.26 Water Demand Offset Program

The purpose of these regulations is to require all developers and applicants within the Big Bear Valley to pay a water demand offset capacity charge in order to free up capacity in existing water supply facilities to help service the additional demand created by new development. Without the charges collected from this water offset program, the department will not be in a position to provide water to future development, causing a preventable harmful effect on development and on the economic well-being of the Big Bear Valley.

(Ord. 2005-346 § 1(part), 2005)

The provisions of this chapter shall apply to all new development in the department's service area within the Big Bear Valley.

(Ord. 2005-346 § 1(part), 2005)

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section, unless otherwise specified within individual sections of this chapter:

"Affordable housing" means affordable or low income housing as defined and formally designated by the city of Big Bear Lake and/or the county of San Bernardino.

"Applicant" means any person or entity seeking a water connection.

"Aquifer" means a permeable geologic unit that can transmit significant quantities of water under ordinary hydraulic gradients.

"Average daily demand (ADD)" means two hundred fifty (250) gallons per day per EDU.

"Board" means the department's board of commissioners.

"Customer" means all persons, residences, businesses, and entities who receive and/or use water provided by the department within the city or county.

"Demand offset" means offsetting the estimated new water demand of any project by retrofitting an existing water use in such a way as to produce an estimated net water savings to the system.

"Department" means the city of Big Bear Lake department of water and power.

"Developer" means any person or entity who creates a new lot.

"Development" means a project, usually involving the construction of dwellings or buildings.

"Equivalent dwelling unit (EDU)" means the amount of water used by a typical household in the Big Bear Valley as calculated by the department, which is equal to two hundred fifty (250) gallons per household per day, or 0.28 acre-feet per year.

"Finite" means limited in quantity.

"Fire protection" means water needed to protect humans and their property from an active fire.

"Fixture" means a plumbing fixture, such as a faucet, toilet, or shower.

"Greatest public benefit" means anything that is most beneficial, in the long run, to the majority of the community.

"Groundwater basin" means any area that is defined by natural topography such that all surface and subsurface water, due to the forces of gravity, has the potential to move in a common direction or pool in a common area.

"His" is a collective term independent of gender and may refer to male or female.

"Human consumption" means water directly consumed by humans and their pets or livestock.

"Inefficient" means using water in a quantity in excess of the amount required to accomplish a given task.

"Landscape" means the entire parcel less the building footprint, driveways, nonirrigated portions of parking lots, hardscapes, and other nonporous areas.

"Landscaping" means the process of adding or subtracting vegetation or nonvegetative materials or their support structures (e.g., irrigation systems, walkways, retaining walls) to a landscape.

"Lot" means a parcel or portion of land separate from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for purpose of sale, lease, or separate use as approved by the appropriate government agency.

"Low flow" means any water fixture that meets or exceeds current low flow standards for that item.

"Map" means a parcel map or a final map prepared in accordance with the requirements of the Subdivision Map Act, which map is designed to be recorded in the office of the county recorder.

"Maximum daily demand (MDD)" means 2.5 times the average daily demand.

"New development" means a development that is under construction or will be constructed in the near future, and for which certificates of occupancy have not been granted.

"Offset capacity charge" means a charge payable to the department for offsetting water demand and creating capacity for a new development. Department will perform retrofits and other offsets with the monies collected from this fee.

"Plumbing fixture unit (PFU)" means unit assigned to a plumbing fixture to determine the water demand of that particular type of fixture. Twenty (20) plumbing fixture units equals one EDU. One PFU equals 0.014 acre-feet.

"Retrofit" means any change to an existing element or the action of removing existing plumbing fixtures and replacing them with more efficient fixtures.

"Retrofit project" means any project that takes an existing water use and reduces its water use by means of retrofitting or replacement. Examples of a retrofit project include retrofitting existing fixtures or appliances with lower flow/flush models, or replacing high water use landscaping with low water use landscaping.

"Sanitation" means cleanliness or the disposal of unhealthful waste.

"Wasteful" means using water in a quantity in excess of the amount needed to accomplish a given task.

"Water conservation" means practices or activities, which result in the use of water efficiently and in quantities considered less than average.

"Water demand" means the quantity of water used by a particular project in the course of one year.

"Water demand offset program" means a program requiring developers and applicants to offset the water demand of their projects.

"Water demand study" means a study which: (a) is performed by a registered professional engineer, (b) is prepared at the cost and expense of the developer or property owner, and (c) accurately calculates, as determined by the department, the water demand of a project utilizing accepted engineering principles.

"Water loss" means the unaccounted reduction in the quantity of water.

"Water resources" means the retrievable and usable supply of water.

"Water usage" means the act of using water provided by the department's water system.

"Water use factors" means the amount of water used by a particular plumbing fixture over the course of a year.

(Ord. 2005-346 § 1(part), 2005)

Projects will be divided into two project size categories for both residential and commercial projects to implement this program.

A. Small Residential and Commercial Projects.

1. Residential developments consisting of six or fewer dwelling units.

2. Commercial developments (retail businesses, service businesses, restaurants, hotels, motels, lodges, etc.) with an EDU count of six or fewer derived from plumbing fixture units.

B. Large Residential and Commercial Projects.

1. Residential developments consisting of more than six dwelling units.

2. Commercial developments with an EDU count greater than six derived from plumbing fixture units.

(Ord. 2005-346 § 1(part), 2005)

A. At the time a map or similar instrument is recorded, a developer will be required to offset a portion of the anticipated demand by paying a water demand offset capacity charge equivalent to 0.5 EDU for each new lot that is created. Any water demand exceeding 0.5 EDU shall be offset by an applicant in accordance with the provisions of this chapter.

B. An applicant shall calculate the total water demand to be offset as follows:

1. When an applicant seeks a water connection for a lot where a small residential or commercial development is being proposed, he/she will calculate his/her water demand using the water use factors provided in Table 1 of this section.

2. When an applicant seeks a water connection for a lot where a large residential development is being proposed, he/she may calculate his/her water demand using the water use factors provided in Table 1 of this section, or he/she may elect to submit a water demand study, which determines the water demand of his/her proposed development.

3. When an applicant seeks a water connection for a lot where a large commercial development is being proposed, he/she will be required to submit a water demand study, which determines the water demand of his/her proposed development.

C. Water demand studies will be professionally prepared by a consultant or company experienced in producing water demand studies and must be signed by a registered professional engineer licensed in the state of California. The study shall include the projected water demand for the project, including both the average daily demand (ADD) and the maximum daily demand (MDD).

D. If an applicant proposes to include special water recycling or reuse features, such as reclaimed water, the calculated water demand may be reduced by an amount equal to the estimated decrease in water use, reducing the number of EDU's required by the development.

E. If a new development will replace an existing water use, an applicant will be given credit for the calculated water demand equal to the replaced water use.

F. Water demand studies may be required by the department for any development that will incorporate special features or demand credits as set forth in subsections D and E of this section.

G. All calculations of project water demand, water demand studies, and potential credits for previously existing water uses must be reviewed and approved by the department prior to the beginning of construction of the new development.

Table 1

RESIDENTIAL/COMMERCIAL WATER DEMAND

* Applies to residential developments only.

These water use factors are intended to reflect average water use over the life of the project, and are based on the water use of a sample of similar projects in the Big Bear Lake area.

1 Plumbing fixture unit (PFU) = 0.05 EDU = 0.014 acre-feet

1 EDU = one 3-bedroom/2-bath residence = 0.28 acre-feet = 20 PFU

(Ord. 2005-346 § 1(part), 2005)

A. The city council will adopt a resolution to establish a water demand offset capacity charge.

B. Once established, the water demand offset capacity charge will be paid to the department for all new development required to participate in this program and will be paid in addition to any other connection or supplemental water source fees imposed by the department.

C. The water demand offset capacity charges collected by the department will be specifically designated for future retrofit projects that create water capacity for new developments.

D. The water demand offset capacity charge per EDU will be calculated based on the estimated costs for the department to retrofit existing water uses to offset the demand of 1.0 EDU.

E. Turf reduction retrofits will be credited/reimbursed equal to the area of qualifying turf times the turf disposal rate, as determined by department staff.

F. Water demand offset funds will be utilized for turf reduction projects greater than five hundred (500) square feet. Any turf areas less than five hundred (500) square feet will not be eligible for water demand offset funds.

G. The department will fund, up to a predetermined maximum amount per square foot, the removal of existing turf to as little as five hundred (500) square feet of remaining turf. The property owner will be responsible for the cost of removing the first five hundred (500) square feet on projects where all turf on the property will be removed.

H. Any distribution of water demand offset funds will be equal to:

1. The department's estimated water savings in an irrigated replacement landscape, resulting from the actions taken in either subsection (H)(2) or (H)(3) of this section minus fifteen percent (15%);

2. The amount of turf removed, when greater or equal to five hundred (500) square feet of turf remain on the property after landscape retrofitting; or

3. The amount of the turf removed, minus five hundred (500) square feet, when less than or equal to five hundred (500) square feet of turf remain on the property after the landscape retrofit.

I. The irrigation system must be removed from the area that will be credited for the water demand offset funds.

J. Verification of turf removal will be accomplished by inspection of the property before turf removal, inspection of the property after turf removal, and by submission of a weight ticket from a waste disposal facility or transfer station.

K. Any property with an indoor plumbing fixture retrofit must be totally retrofitted; partial indoor plumbing fixture retrofits will not be permitted.

L. All water demand offset required by this program will need to be matched with actual retrofit candidates as a condition of service by the department.

M. Once a retrofit candidate has been assigned to a water demand offset retrofit project and it has been completed, it cannot be transferred to another project.

(Ord. 2005-346 § 1(part), 2005)

A. Retrofit candidates that rely one hundred percent (100%) on the department water supply will be given higher priority than customers with both department water and private well supplies.

B. Retrofit candidates developed from: (i) retrofit upon resale commercial accounts, (ii) full-time residential accounts, and (iii) turf buy-back/rebates will have high priority for water demand offset funding.

C. Retrofit candidates belonging to the department's low income family assistance (LIFA) program will be given a high priority for water demand offset funding.

(Ord. 2005-346 § 1(part), 2005)

In order to ensure the department has sufficient capacity to supply water to a new development, the following procedures shall be observed:

A. The developer shall enter into a water demand offset agreement with the department as a condition of obtaining the department's representation that sufficient capacity exists to service the lots to be created.

B. The water demand offset agreement shall require that the developer pay that portion of the water demand offset capacity charge necessary to offset 0.5 EDU of water demand for each new lot at the time the map of the new development or similar instrument is recorded with the county recorder.

C. An applicant for a water connection shall calculate his/her water demand in accordance with Section 13.26.050(B) of this chapter. Thereafter, he/she shall submit a water demand offset application or water demand study for review and approval by the department.

D. The department will review the submitted water demand study or water demand offset application, and return it to the applicant within fifteen (15) working days. The number of EDUs for the development required to be offset will be provided to the applicant with the department's approval or comments.

E. The department will require the applicant to pay a water demand offset capacity charge, which will be based on the number of EDU's, that the applicant will be required to offset. The department will apply a credit for any previous payments of the water demand offset capacity charge.

(Ord. 2005-346 § 1(part), 2005)

An applicant shall have the right to a hearing before the department's general manager if the department receives a written request for such a hearing on or before twenty-one (21) days after receiving department's response to the application.

The written request for a hearing shall include a statement setting forth reasons why the applicant believes the water demand offset, water demand credit, or reimbursement for retrofit was incorrectly computed by the department's staff. Documentation that substantiates the applicant's position must be submitted with the request for a hearing.

Upon receipt of a request for a hearing, the general manager shall contact the applicant regarding proposed dates for the hearing. The hearing shall be conducted at the department's offices. The date of the hearing shall be set at a time that is mutually convenient to both parties but no later than fifteen (15) days from the date of request.

The hearing shall be informal and shall not require adherence to any particular procedure. The general manager shall render a written decision on or before five days following the date of the hearing.

If the customer is not satisfied with the written decision of the general manager, and is alleging that department's general manager or his/her staff has violated department process, the customer may appeal the decision to the board. For all other appeals, the appeals process will be considered completed upon the rendering of the written decision by the general manager.

The applicant shall only have a right to appeal alleged violations of the procedures of this chapter by the general manager or his/her staff to the board if the board receives a written request for such an appeal hearing on or before fifteen (15) days after the date of the general manager's decision. For all other matters or issues, the decision of the general manager is a final decision of the department, and the applicant shall have no right of appeal.

Prior to establishing a hearing date, a review committee composed of one or more board members shall review the customer's written request for appeal. If a follow-up review is deemed necessary a hearing with the board will be scheduled.

The hearing before the board shall be held at a regular board meeting within thirty (30) days of the department receiving the written request for a hearing. The decision of the board shall be final.

(Ord. 2005-346 § 1(part), 2005)

If any provision of this chapter is found to be illegal, unconstitutional or unenforceable for any reason whatsoever, that provision shall be severed from the remaining provisions of this resolution, which shall remain in full force and effect.

(Ord. 2005-346 § 1(part), 2005)

The department waives any water demand offset capacity charges established by the city council for any affordable housing development.

(Ord. 2005-346 § 1(part), 2005)