Del Mar Municipal Code Ch. 21.70 Emergency Water Management

Footnotes:

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Editor's note— Ord. No. 998, § 1, adopted June19, 2023 amended Ch. 21.70 in its entirety to read as set out herein. Former Ch. 21.70, §§ 21.70.010—21.70.160 pertained to similar subject matter. Historical notations have been retained for reference purposes.

This Chapter establishes an emergency water management program in order to conserve water supplies, minimize the effects of water supply shortages, and allow the City to respond to water emergency conditions. (Cal. Const. Art. X, §§ 2 and 7; and Water Code § 375.)

(Ord. No. 603; Ord. No. 816; Ord. No. 828; Ord. No. 903; Ord. No. 998, § 1, 6-19-2023; Ord. No. 1008, § 2(Exh. B), 5-20-2024)

The provisions of this Chapter shall apply to all persons using water delivered by the City.

(Ord. No. 998, § 1, 6-19-2023; Ord. No. 1008, § 2(Exh. B), 5-20-2024)

A. It is the policy of the City that all public and private users of water delivered by the City shall use such water for reasonable purposes and in a reasonable manner in a conscientious effort to conserve water.

B. When the emergency water use regulations in this Chapter are not declared to be in effect, those regulations may still be considered as recommended methods for voluntarily conserving water.

C. The City may initiate and maintain education programs to encourage the conservation of water.

(Ord. No. 998, § 1, 6-19-2023; Ord. No. 1008, § 2(Exh. B), 5-20-2024)

Cross reference— Water conservation program, Ch. 21.60.

A. Levels. During water shortages, the City shall impose water use regulations in levels. Sections 21.70.100 et seq. of this Chapter contains a sequential, regulatory program of increasingly more stringent prohibitions on the use of water delivered within the City. When the City declares that a particular water shortage level is in effect, the regulations contained in a declared level shall be complied with by all persons using water delivered by the City.

B. Declaration of Level.

1. The City shall monitor the projected supply of water and the demand for water by persons within its jurisdiction and, in consultation with those agencies providing water to City, determine when water management regulations are required in order for the City to deal with water shortages.

2. When it is determined that a particular level of water management regulation is required, either the City Council or the City Manager may issue a declaration which will announce the level of regulatory management that is to be imposed. Moving to Level 6 requires a properly noticed public hearing.

3. The declaration shall be made by public announcement posted at City Hall. Also, the City Manager may publish a notice of the determination in a newspaper of general circulation and on the City website.

4. If the declaration is made by the City Manager, the matter shall be placed on the agenda of the City Council at its next meeting. The City Council shall thereupon ratify the City Manager's declaration, rescind the declaration, or issue its own declaration.

5. The regulatory level announced in the declaration shall become effective seven days following the date of posting; except, when a water emergency is declared, the regulatory level shall become effective immediately upon posting.

(Ord. No. 998, § 1, 6-19-2023; Ord. No. 1008, § 2(Exh. B), 5-20-2024)

A. Appeals Board. An Appeals Board for this Chapter shall consist of the City Council.

B. Appeal.

1. Any person subject to the regulations and decisions imposed in accordance with the provisions of this Chapter may submit an appeal, in writing, to the City Clerk.

2. The City Manager may render a decision or set the matter to be heard by the Appeals Board which will render a written decision within 30 calendar days of the receipt of the appeal.

3. If the appellant is dissatisfied with the City Manager's determination, the appellant may seek a review by the Appeals Board.

C. Modification Authorized. In accordance with the procedures provided above, the City Manager and the Appeals Board are authorized to make minor and limited modifications to any regulation in this Chapter when it has been demonstrated that due to special circumstances as applied to a particular case, the application of the unmodified regulation constitutes a threat to health, safety or welfare or will result in an undue, unreasonable hardship. Provided, however, that such modification shall not cause water to be wasted or used in an unreasonable manner and the purposes of this Chapter can be accomplished.

(Ord. No. 998, § 1, 6-19-2023; Ord. No. 1008, § 2(Exh. B), 5-20-2024)

A. It is unlawful for any person to knowingly use water or permit the use of water supplied by the City in a manner contrary to any provision of this Chapter declared to be in effect. (Misdemeanor in accordance with Water Code § 377.)

B. The use of reclaimed or "grey" water in accordance with the regulations of the Department of Health Services and in accordance with any other applicable regulations, is not subject to the regulations of this Chapter.

C. It is a misdemeanor for anyone to tamper with or otherwise interfere with the operation of a water meter without the express authority, in writing, of the City.

D. It is unlawful for any person to knowingly present false information to the City when information is requested by the City in accordance with the provisions of this Chapter.

E. Compliance with this Section is a condition imposed upon the continued uninterrupted delivery of water.

(Ord. No. 998, § 1, 6-19-2023; Ord. No. 1008, § 2(Exh. B), 5-20-2024)

A. A continued, willful failure to comply with the conditions imposed upon the continued, uninterrupted delivery of water may result in a Notice of Violation being mailed to the metered customer, accompanied by a copy of relevant portions of these regulations.

B. Failure to correct the violation by bringing water use into compliance with the conditions imposed upon the continued, uninterrupted delivery of water will result in a Notice of Hearing, Re: Violation being mailed to the metered customer.

C. The City Manager shall conduct the hearing. The noticed person shall have the opportunity to present information and arguments in response to the notice.

D. Following the hearing, if an uncured violation is found to exist, the City Manager may order either:

1. The installation of a flow restrictor in the meter for a minimum of 72 hours; or

2. Discontinuance of water service for a specified period of time.

E. When it is necessary to install a flow restrictor or to discontinue service, a metered customer shall pay a fee of $250.00 to the City. When it is necessary to remove a flow restrictor or to re-establish water service, a metered customer shall pay a fee of $250.00 to the City. The fees referenced in this subparagraph are payable by the metered customer when the service is rendered. Further, payment in full of all outstanding fees is a condition to the restoration of full service.

(Ord. No. 998, § 1, 6-19-2023; Ord. No. 1008, § 2(Exh. B), 5-20-2024)

A. A Water Shortage Level 1 condition is also referred to as a " Water Storage Watch" condition. Level 1 shall be declared to encourage voluntary water conservation with an aim towards reducing water demand by up to ten percent. This Level 1 condition applies when the Water Authority notifies its member agencies to activate the appropriate voluntary provisions of the water shortage contingency plan.

B. When Level 1 is declared and in effect, all persons shall comply with the voluntary water usage reductions and other mandatory conditions as may be identified by the Governor, State of California, or San Diego County Water Authority.

C. When Level 1 is declared and in effect, metered customers of the City shall receive uninterrupted water delivery subject to the modified volumetric rates as follows:

Volumetric rates applied to usage by customer classes.

D. Irrigating "Non-Functional Turf" at commercial, industrial, and institutional sites is prohibited. "Non-Functional Turf," as defined in section 996 of title 23 of the California Code of Regulations, as may be amended from time to time, is defined as any turf (grass) that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. "Non-Functional Turf" does not include sports fields and turf that is regularly used for human recreational purposes of for civic or community events.

1. Notwithstanding subsection (D)(1), the use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need.

2. Notwithstanding subsection (D)(1), the City may approve a request for continued irrigation of non-functional turf where the user certifies that the turf is a low water use plant with a plant factor of 0.3 or less, and demonstrates the actual use is less than 40% of reference evapotranspiration.

E. Wasteful and Unreasonable Water Uses are prohibited as listed in section 995 of title 23 of the California Code of Regulations to prevent unreasonable use of water and to promote water conservation. The following water usage activities are prohibited:

1. Washing down paved surfaces, including but not limited to sidewalks, driveways, parking lots, tennis courts, or patios, except when it is necessary to alleviate safety or sanitation hazards.

2. Water waste resulting from inefficient landscape irrigation, such as runoff, low head drainage, or overspray, etc. Similarly, irrigation causing water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures are prohibited.

3. Irrigation is prohibited during and within 48 hours after measurable rainfall of at least one-fourth of one inch of rain.

4. Use of handheld hose equipment without a positive shut-off nozzle to wash vehicles, except where the hose is fitted with a shut-off nozzle. It is encouraged to use a bucket to wash vehicles or at a commercial site with recirculated water.

5. Use of potable water to operate ornamental fountains with exceptions for those fountains that use pumps to recirculate water and only require refilling to replace evaporative losses.

6. Use of potable water for street cleaning or construction purposes, unless non-potable water is unavailable or as-needed to protect the health and safety of the public.

F. In addition to the water usage reductions and other conditions referenced in subsections B, C, D and E above, when Level 1 is declared and in effect all persons are requested to comply with the following water demand reduction measures:

1. Irrigate residential and commercial landscape before 10:00 a.m. or after 6:00 p.m.; limited to three applications per week.

2. Serve and refill water in restaurants, bars, and other food service establishments only upon request.

3. Offer guests in hotels, motels, and other commercial lodging establishments the option of not laundering towels and linens daily.

4. Repair all water leaks within 72 hours of notification by the City.

Additional Conditions on Uninterrupted Delivery: None.

(Ord. No. 816; Ord. No. 828; Ord. No 948, § 2, Exh. B, 6-3-2019; Ord. No. 984, § 1, 12-13-2021; Ord. No. 991, § 1, 7-11-2022; Ord. No. 998, § 1, 6-19-2023; Ord. No. 1008, § 2(Exh. B), 5-20-2024)

A. Water Shortage Level 2 condition is also referred to as a " Water Shortage Warning" condition. Level 2 shall be declared when the City determines that water usage should be reduced up to 20 percent from the ordinary demand requirement, as determined by the City.

B. When Level 2 is declared and in effect, metered customers of the City shall receive uninterrupted water delivery subject to the modified volumetric rates as follows:

C. When Level 2 is declared and in effect, the demand reduction measures listed in Level 1 shall become mandatory. Additional measures may be implemented based on City Council direction or Emergency Orders.

(Ord. No. 816; Ord. No. 828; Ord. No. 903; Ord. No 948, § 2, Exh. B, 6-3-2019; Ord. No. 991, § 1, 7-11-2022; Ord. No. 998, § 1, 6-19-2023; Ord. No. 1008, § 2(Exh. B), 5-20-2024)

A. A Water Shortage Level 3 condition is also referred to as an "Acute Water Shortage" condition. Level 3 shall be declared when the City determines that water usage should be reduced up to 30 percent from the ordinary demand requirement, as determined by the City.

B. When a Level 3 is declared and in effect, metered customers of the City shall receive uninterrupted water delivery subject to the modified volumetric rates as follows:

Volumetric rates applied to usage by customer classes.

C. In addition to the water usage reductions and other conditions referenced in Level 1 and Level 2, when Level 3 is declared and in effect all persons are requested to comply with the following water demand reduction measures:

1. Irrigate residential and commercial landscape before 10:00 a.m. or after 6:00 p.m.; limited to two applications per week. Irrigation is prohibited during and within 48 hours after measurable rainfall of at least one-fourth of one inch of rain.

2. Repair all water leaks within 48 hours of notification by the City.

3. Only wash vehicles at a commercial site with recirculated water.

(Ord. No. 816; Ord. No. 828; Ord. No. 903; Ord. No 948, § 2, Exh. B, 6-3-2019; Ord. No. 998, § 1, 6-19-2023; Ord. No. 1008, § 2(Exh. B), 5-20-2024)

A. A Water Shortage Level 4 condition is also referred to as a "Critical Water Shortage" condition. Level 4 shall be declared when the City requires a demand reduction of 40 percent in order for the City of Del Mar to have maximum supplies available to meet anticipated demands from the ordinary demand requirement, as determined by the City.

B. When Level 4 is declared and in effect, metered customers of the City shall receive uninterrupted water delivery subject to the modified volumetric rates as follows:

Volumetric rates applied to usage by customer classes.

C. The water usage reductions and other conditions established in Level 1, Level 2, and Level 3 will remain in place. Additional demand reduction measures will be established by the City Council and implemented.

(Ord. No. 816; Ord. No. 828; Ord. No. 903; Ord. No 948, § 2, Exh. B, 6-3-2019; Ord. No. 998, § 1, 6-19-2023; Ord. No. 1008, § 2(Exh. B), 5-20-2024)

A. A Water Shortage Level 5 condition is also referred to as a "Water Shortage Emergency" condition. A Level 5 shall be declared when the City requires a demand reduction of 50 percent in order for the City of Del Mar to have maximum supplies available to meet anticipated demands from the ordinary demand requirement, as determined by the City.

B. When Level 5 is declared and in effect, metered customers of the City shall receive uninterrupted water delivery subject to the modified volumetric rates as follows:

Volumetric rates applied to usage by customer classes.

C. The water usage reductions and other conditions established in Level 1, Level 2, Level 3, and Level 4 will remain in place. Additional demand reduction measures will be established by the City Council and implemented.

(Ord. No. 998, § 1, 6-19-2023; Ord. No. 1008, § 2(Exh. B), 5-20-2024)

A. A Water Shortage Response Level 6 condition is also referred to as a "Catastrophic Water Shortage" condition. Level 6 shall be declared when the City declares a water shortage emergency pursuant to California Water Code Section 350 which requires a demand reduction of greater than 50 percent in order for the City of Del Mar to have maximum supplies available to meet anticipated demands from the ordinary demand requirement, as determined by the City.

B. When Level 6 is declared and in effect, metered customers of the City shall receive uninterrupted water delivery subject to the modified volumetric rates as follows:

Volumetric rates applied to usage by customer classes.

Note: Irrigation use is assumed to be curtailed at this Shortage Level.

B. The water usage reductions and other conditions established in Level 1, Level 2, Level 3, Level 4 and Level 5 will remain in place. Additional demand reduction measures will be established by the City Council and implemented.

(Ord. No. 998, § 1, 6-19-2023; Ord. No. 1008, § 2(Exh. B), 5-20-2024)

A. Wastewater customers are billed for sewer service based on their water usage. During water shortage periods, water usage will decline and threaten the fiscal stability of the wastewater utility. Therefore, during water shortage periods, wastewater charges will be calculated based on the assumption that sewer usage is the same as the commensurate month from the last non-drought fiscal year. Drought sewer charges will be lifted after one full year of non-drought consumption records can be established.

1. Residential. Sewer discharges will be estimated based on the assumed sewage usage during the last non-drought year.

2. Commercial. Sewer discharges will be estimated based on 90 percent of the water usage during the last non-drought year. A user may petition to have their sewer discharge (water usage) assumption lowered if their annual water demand drops below their non-drought water demands by a level below the drought reduction levels plus an additional 20 percent. As a user can meet the previously defined criteria, their sewage discharge assumptions will be lowered to the current water demands, adding back any water savings required under the drought requirements. As an example, if the drought reductions are 20 percent, and the user drops their water consumption by 45 percent, then the resulting sewer will be calculated based on 120 percent of the current water consumption.

3. Fairgrounds. Sewer commodity charges during drought conditions will be calculated based on the greater of (1) the rolling average of the past same bimonthly period during the last three fiscal years or (2) the actual metered sewage.

(Ord. No 948, § 2, Exh. B, 6-3-2019; Ord. No. 998, § 1, 6-19-2023; Ord. No. 1008, § 2(Exh. B), 5-20-2024)

In accordance with California Government Code § 53756, the rates posted above will be adjusted accordingly to account for any increases in the purchase cost of wholesale water, or increases in inflationary measure.

(Ord. No. 998, § 1, 6-19-2023; Ord. No. 1008, § 2(Exh. B), 5-20-2024)