La Habra Municipal Code Ch. 13.40 Water Shortage Contingency Response

This chapter will be known as the Water Shortage Contingency Response.

(Ord. 1837 § 1, 2021)

This chapter establishes water management requirements necessary to conserve water, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, prevent unreasonable use of water, prevent unreasonable method of use of water within the city of La Habra (city) in order to assure adequate supplies of water to meet the needs of the public, and further the public health, safety, and welfare, recognizing that water is a scarce natural resource that requires careful management not only in times of drought, but at all times.

A. This chapter establishes regulations to be implemented during times of declared water shortages or declared water shortage emergencies.

B. This chapter establishes six levels of water shortage levels that are most often triggered due to drought conditions to provide defined response actions to be implemented during times of declared water shortage or declared water shortage emergency, with increasing restrictions on water use in response to worsening drought or emergency conditions and decreasing supplies.

(Ord. 1837 § 1, 2021)

"Billing unit"

equals one hundred cubic feet or seven hundred forty eight gallons of water. This is the unit amount of water used to calculate commodity charges for customer usage.

"Cost"

means the actual cost to the utility, including all labor, material, supplies, equipment and miscellaneous items, together with any applicable indirect and general charges, plus the general administrative overhead, in accordance with the accounting practices of the utility.

"Customer"

means water customer or water user.

"Flow restricting device" or "flow restrictor"

means a fitting inserted into the service connection to reduce flow capacity.

"Grower"

refers to those engaged in the growing plant material or raising animals.

"Gray water"

means untreated wastewater that meets the requirements of California Health and Safety Code Section 17922.12, or as updated. In general, gray water includes wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers.

"Hardscapes"

means any durable material or feature (pervious and non-pervious) installed in or around a landscaped area, such as pavements or walls. The term includes, but is not limited to, sidewalks, driveways, v-ditches, gutters and roadways.

"Incidental runoff"

means a minimal amount of irrigation water that escapes the area of intended use. This may include minor windblown overspray or mist extending onto sidewalks within a park or minimal runoff from watering trees.

"Irrigation customer"

means a person who, according to the city's records, receives water service and has a dedicated irrigation meter for outdoor irrigation of landscaping.

"Landscape irrigation system"

means an irrigation system with pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system.

"Potable water"

means water which is suitable for drinking.

"Single pass cooling systems"

means equipment where water is circulated only once to cool equipment before being disposed.

"Turf"

means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses.

(Ord. 1837 § 1, 2021)

A. The provisions of this Water Shortage Contingency Response apply to any customer, person, and property using water provided by the city.

B. The provisions of this Water Shortage Contingency Response do not apply to uses of water necessary to protect public health and safety or for essential government services, such as police, fire, and other similar emergency services.

C. The provisions of this Water Shortage Contingency Response do not apply to the use of gray water.

D. The provisions of this Water Shortage Contingency Response do not apply to the use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale.

E. The provisions of this chapter do not apply to use of water from private wells.

F. This chapter is intended solely to further the conservation of water. It is not intended to implement any provision of federal, state, or local statutes, ordinances, or regulations relating to protection of water quality or control of drainage or runoff. Refer to the local jurisdiction or Regional Water Quality Control Board for information on any stormwater ordinances and stormwater management plans.

(Ord. 1837 § 1, 2021)

A. Under Water Code Section 10632.1, the city is required to submit a water shortage assessment "report" to the California Department of Water Resources by July 1 of each year.

B. The city will follow the written decision-making process defined in the water shortage contingency plan to assess water supply reliability on an annual basis.

C. City staff will determine if a water shortage exists based on the water shortage criteria and stages defined in the water shortage contingency plan.

D. In the event a water shortage is triggered according to the procedures and conditions defined in the adopted water shortage contingency plan, the city council will declare a shortage according to the defined water shortage levels.

E. The public will be informed of the shortage according to the procedures and protocols for communication identified in Section 13.40.060 of this chapter.

F. Sudden catastrophic water supply shortage.

G. When the city manager or designee determines that a sudden event has, or threatens to, significantly diminish the reliability or quality of the city's water supply, the city manager or designee may declare a catastrophic water supply shortage and impose whatever emergency water allocation or conservation actions deemed necessary, in the city manager's or the designee's professional judgment, to protect the reliability and quality of the city's water supply, until the emergency passes or the city council takes other action.

(Ord. 1837 § 1, 2021)

Upon declaration of a water shortage, the city will inform all relevant stakeholders, such as customers, the public, interested parties, and local, regional, and state governments, of the effective date of the water shortage response actions associated with the relevant stage according to the communication procedures identified in the city's Water Shortage Contingency Plan, including:

A. Any current or predicted shortages as determined by the annual water supply and demand assessment.

B. Any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment.

C. Any other relevant communications.

(Ord. 1837 § 1, 2021)

The following water conservation requirements are effective at all times and are permanent. Violations of this section will be considered waste and an unreasonable use of water:

A. Washing down sidewalks, walkways, driveways, parking areas or other paved surfaces, except as is required to dispose of dangerous liquids or alleviate safety or sanitary hazards and then only by use of a hand-held bucket, pressure washer or hand-held hose equipped with a positive self-closing water shut-off device is prohibited.

B. Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, is prohibited, except by use of a hand-held bucket or hand-held hose equipped with a positive self-closing device or water shut-off nozzle. This subsection does not apply to any commercial car washing facility.

C. The use of water to clean, fill or maintain levels in decorative fountains, ponds, lakes or other similar aesthetic structures unless such water is part of a re-circulating system is prohibited. The only exception may be a water feature currently listed in the National Register of Historic Places, where water use deemed necessary for integrity of the feature.

D. The use of water to irrigate outdoor landscapes during or within forty-eight hours after measurable rainfall.

E. The irrigation with potable water of ornamental turf on public street medians.

F. The irrigation with potable water of landscapes outside of newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development.

G. All leaks, breaks, or other malfunctions in the water user's plumbing, irrigation or distribution system must be repaired in a timely manner in accordance with the current supply shortage level, unless other arrangements are made with the city.

H. Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow /more than incidental runoff or water flows or runoff from the property, onto an adjoining sidewalk, driveway, street, alley gutter or ditch is prohibited.

Watering of lawn, landscape or other turf areas between the hours of nine a.m. and six p.m. is prohibited. Hand-held water cans, buckets, or similar containers reasonably used to convey water for irrigation purposes are not subject to these time restrictions. Similarly, a hand-held hose equipped with a fully functioning, positive self-closing water shut-off nozzle, pressure washer or similar device, may be used during the otherwise restricted period. If necessary and for very short periods of time for the express purpose of adjusting or repairing a landscape irrigation system, one may operate a landscape irrigation system during the otherwise restricted period.

I. Hotels, motels and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in each bathroom using clean and easily understood language.

J. Food preparation establishments such as restaurants or cafes are prohibited from using non-water conserving dish wash pre-rinse spray valves.

K. No restaurant, hotel, café, cafeteria or other public place where food is sold, served or offered for sale shall serve drinking water to any customer unless expressly requested.

L. No installation of non-recirculating water systems in commercial car wash and laundry systems.

M. Installation of non-re-circulating water systems is prohibited in new commercial conveyor car wash and new commercial laundry systems.

N. No installation or operation of single pass cooling system. Installation of single pass cooling systems is prohibited in buildings requesting new water service.

O. Commercial car wash system. Effective on January 1, 2012, all commercial conveyor car wash systems must have installed operational re-circulating water systems, or must have secured a waiver of this requirement from the city.

(Ord. 1837 § 1, 2021)

A. Metropolitan Water District's and MWDOC's Water Shortage Contingency Plan follows the six standard water shortage levels corresponding to progressive ranges of up to ten, twenty, thirty, forty and fifty percent shortages and greater than fifty percent shortage. [Water Code Section 10632(a)(3)(A)]

B. The city's water shortage levels are aligned with the state water shortage levels and as also defined in the MWDOC WSCP and therefore comply with Water Code Section 10632(a)(3) as identified above.

(Ord. 1837 § 1, 2021)

The city manager or designee is authorized to require or impose reductions in the use of water if such reductions are necessary to comply with water supply shortage conditions as defined in the city of La Habra water shortage contingency plan.

The shortage response actions that align with each level of water supply shortage are defined in the WSCP and include, at a minimum, all of the following:

A. Locally appropriate supply augmentation actions.

B. Locally appropriate demand reduction actions to adequately respond to shortages.

C. Locally appropriate operational changes.

D. Additional, mandatory prohibitions against specific water use practices that are in addition to state-mandated prohibitions and appropriate to the local conditions.

E. For each action, an estimate of the extent to which the gap between supplies and demand will be reduced by implementation of the action.

F. Each elevated shortage level will include the elements of the previous shortage level(s), including the mandatory restrictions on water waste detailed in Section 3.4.1 of the WSCP, and each elevated shortage level is intended to be more restrictive than the previous level(s).

G. As deemed necessary, an allocation of water supply under a water supply emergency condition beyond WSCP defined actions, may be implemented when water supply conditions dictate necessity.

(Ord. 1837 § 1, 2021)

A. Undue and Disproportionate Hardship. If, due to unique circumstances, a specific requirement of this chapter would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property of classes of water users, then the person may apply for a waiver to the requirements as provided in this section.

B. Exemption is automatically granted for a hardship waiver for the following uses: (1) watering of livestock at any time; (2) commercial agricultural; (3) orchards and vegetable gardens on residential zoned properties; or (4) other special landscape areas (SLA) defined herein and the Orange County Model Water Efficient Landscape Ordinance.

C. Written Finding. The waiver may be granted or conditionally granted only upon a written finding of the existence of facts demonstrating an undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water use due to specific and unique circumstances of the user or the user's property.

D. Application. Application for a waiver must be on a form prescribed by the city and accompanied by a non-refundable processing fee in an amount set by resolution of the city.

E. Supporting Documentation. The application must be accompanied by photographs, maps, drawings, and other information, including a written statement of the applicant.

F. Required Findings for Waiver. An application for a waiver will be denied unless the city manager or designee finds, based on the information provided in the application supporting documents, or such additional information as may be requested, and on water use information for the property as shown by the records of the city or its agent, all of the following:

1. That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses;

2. That because of special circumstances applicable to the property or its use, the strict application of this chapter would have a disproportionate impact on the property of use that exceeds the impacts to residents and businesses generally;

3. That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the city to effectuate the purpose of this chapter and will not be detrimental to the public interest; and

4. That the condition or situation of the subject property of the intended use of the property for which the waiver is sought is not common, recurrent or general in nature.

G. Approval Authority. The city manager or designee must act upon any completed application no later than ten days after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver must be promptly notified in writing of any action taken. Unless specified otherwise at the time a waiver is approved, the waiver will apply to the subject property during the period of the mandatory water supply shortage condition. The decision of the city manager will be final.

(Ord. 1837 § 1, 2021)

It shall be unlawful for any customer of the city to fail to comply with any of the provisions of this chapter. The penalties set forth in this section shall be additional to those penalties provided in any other section of this code. The penalties for failure to comply with any of the prohibited use provisions of this chapter shall be as follows:

A. First Violation. The city will issue a written warning and deliver a copy of this chapter by mail or posting (i.e., door hanger).

B. Second Violation. A second violation within the preceding twelve calendar months is punishable by a fine not to exceed one hundred dollars.

C. Third Violation. A third violation within the preceding twelve calendar months is punishable by a fine not to exceed two hundred and fifty dollars.

D. Fourth and Subsequent Violations. A fourth and any subsequent violation is punishable by a fine not to exceed five hundred dollars.

1. Water Flow Restrictor Device. In addition to any fines, the city may install a water flow restrictor device of approximately one gallon per minute.

2. Termination of Service. In addition to any fines, the city may disconnect and/or terminate a customer's water service for a willful violation of mandatory restrictions in this conservation program.

3. Cost of Installing Flow Restrictor or Disconnecting Service. A person or entity that violates this chapter is responsible for payment of the city's charges for installing a flow restrictor or disconnecting and/or reconnecting service. All associated fees must be paid in full prior to service restoration. Nonpayment will be subject to the same remedies as nonpayment of basic water rates.

4. Separate Offenses. Each day that a violation of this ordinance occurs is a separate offense.

5. Notice and Hearing.

a. The city will issue a notice of violation by mail or personal delivery at least ten days before taking enforcement action. Such notice must describe the violation and the date by which corrective action must be taken. A customer may appeal the notice of violation by filing a written notice of appeal with the city no later than the close of business on the day before the date scheduled for enforcement action. Any notice of violation not timely appealed will be final. Upon receipt of a timely appeal, a hearing on the appeal will be scheduled, and the city will mail written notice of the hearing date to the customer at least ten days before the date of the hearing.

b. Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the city may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared water shortage level.

6. Notice of Violation. Except for violations of this chapter subject to excessive water use penalties, if any person fails or refuses to comply with this chapter, the city manager or designee shall provide that person with written notice of the violation and an opportunity to correct the noncompliance. The written notice shall:

a. Be posted or presented at the site of the noncompliance;

b. State the time, date, and place of violation;

c. State a general description of the violation;

d. State the means to correct the violation;

e. State a date by which correction is required; and

f. State the possible consequences of failing to correct the violation.

(Ord. 1837 § 1, 2021)

In order to ensure compliance with state reporting requirements and to customer compliance, the city will ensure the collection, tracking, and analyzing of relevant data per the procedures defined in the WSCP.

(Ord. 1837 § 1, 2021)

To ensure water shortage risk tolerance is adequate and appropriate water shortage mitigation strategies are implemented as needed, the WSCP will be reviewed and evaluated as defined by the procedures identified in the WSCP.

(Ord. 1837 § 1, 2021)

A. Limits on Building Permits. The city may limit or withhold the issuance of building permits which require new or expanded water service, except to protect the public health, safety and welfare, or in cases which meet the city's adopted conservation offset requirements.

B. Customer Water Conservation Reports. The city may, by written request, require all commercial, residential and industrial customers using twenty-five thousand or more billing units per year to submit a water conservation plan and to submit quarterly progress reports on such plan. The conservation plan must include recommendations for increased water savings, separation of uses including increased water recycling based on feasibility, and the reports must include progress to date on implementation of such recommendations.

C. Reporting Mechanism—Hotline. The city may establish a water waste hotline for residents to report violations of this chapter.

D. Model Landscape Ordinance. The Department of Water Resources State Model Landscaping Ordinance is adopted by reference and incorporated as part of this chapter. The full text of the Model Landscaping Ordinance is available on the city's website at www.lahabracity.com and a copy is maintained with the city clerk.

E. As deemed necessary, an allocation of water supply under a water supply emergency condition, beyond WSCP defined actions, may be implemented when water supply conditions dictate necessity.

F. The city may provide water efficiency devices either directly or through supported programs. Such devices should remain within the city's service area at all times. Devices provided by the city should be used with the intent to conserve water and not be modified in any way or sold.

(Ord. 1837 § 1, 2021)

The city finds that this chapter and actions taken hereafter pursuant to this chapter are exempt from the provisions of the California Environmental Quality Act of 1970 as specific actions necessary to prevent or mitigate an emergency pursuant to Section 15307 of the CEQA Guidelines.

(Ord. 1837 § 1, 2021)

If any section, subsection, sentence, clause, or phrase in this of this chapter, or the application thereof to any person or circumstances, is for any reason held invalid by a court of competent jurisdiction, the validity of the remainder of the chapter or the application of such provision to other persons or circumstances shall not be affected. The council hereby declares that it would have passed this conservation program and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subjections, sentences, clauses, or phrases is declared invalid.

(Ord. 1837 § 1, 2021)