Lomita Municipal Code Part 1 Water Conservation and Drought Management Plan

The purpose of this part 1 of title XII, chapter 4 is to increase water conservation, maximize the use of recycled water, and provide a drought management plan. This part will maximize the efficient use of potable and recycled water and minimize the effects of a water shortage to the city and its residents. This part will significantly reduce the consumption of imported water, thereby extending available water supplies and reducing the hardship to the city and the general public. The purpose is also to implement the city's water shortage contingency plan (WSCP). The WSCP benefits not only the city, but also the state in addressing extreme drought conditions or statewide calamities that impact water supply availability.

(Ord. No. 722, § 2, 2-2-09; Ord. No. 823, § 3, 6-15-21)

The following words, terms and phrases, when used in this part, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(A) Billing unit means the unit of water used to apply water rates for purposes of calculating water charges for a person's water usage and equals one hundred (100) cubic feet or seven hundred forty-eight (748) gallons of water.

(B) City means the City of Lomita.

(C) City manager means the Lomita City Manager or the designee of that individual.

(D) 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.

(E) Person means any natural person or persons, corporation, public or private entity, governmental agency or institution, or any other user of water provided by the city.

(F) Potable water means water which is suitable for drinking.

(G) Recycled water means the reclamation and reuse of non-potable water for beneficial use.

(Ord. No. 722, § 2, 2-2-09; Ord. No. 823, § 3, 6-15-21)

(A) The provisions of this chapter apply to any person utilizing water provided by the city.

(B) Nothing in this chapter shall apply to the use of water that is subject to a special water supply program of which the city takes part in conjunction with the West Basin or Metropolitan Water Districts.

(C) The provisions of this chapter do not apply to the use of water from private wells.

(Ord. No. 722, § 2, 2-2-09; Ord. No. 823, § 3, 6-15-21)

(A) Except as provided in subsection (B), the following water conservation requirements shall apply to all persons within the city:

1. Watering hours. No lawn or landscape area shall be watered between the hours of 10:00 a.m. and 8:00 p.m. on any day. This subsection shall not apply to any drip irrigation system approved in writing by the community development director, for irrigation system maintenance, leak repair or new planting of low water usage plants, or irrigation using reclaimed water.

2. Water fountains and decorative water features. No person shall operate a fountain or other decorative water feature that does not recirculate the water utilized by the device.

3. Anti-waste measures. No person shall do any of the following:

(a) Permit the excess use, loss or escape of water through breaks, leaks or other malfunctions in the person's plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered or corrected;

(b) Wash, clean or clear with water sidewalks, walkways, patios, driveways, alleys or parking areas, whether paved or unpaved, except by use of a hand-held bucket or similar container or by use of a cleaning machine equipped to recycle any water used. In no event shall any water so used be permitted to run off into streets, alleys or storm drains;

(c) Wash or clean with water any vehicle, including boats and trailers, whether motorized or un-motorized, except by use of a hand-held bucket or similar container or a hose equipped with a positive action quick release shutoff valve or nozzle. This subsection shall not apply to any commercial car washing facility which utilizes a recycling system to capture or reuse water; and

(d) Water any lawn or landscape area to the point where excess water runs off the lawn or landscape area onto any gutter, street or alley.

4. Eating and drinking establishments. All eating and drinking establishments of any kind whatsoever including, but not limited to, any restaurant, hotel, cafe, cafeteria, bar or club, as those terms are used in title XI of this Code, whether public or private, shall comply with the following requirements:

(a) Only provide drinking water to any person upon receipt of an express request; and

(b) Wash or clean the kitchen and dining room area floor using a hand-held bucket or similar container, a mop using a bucket or similar container, or "water broom" technologies.

5. Hotels, motels and bed and breakfasts. All hotels, motels, or bed and breakfasts shall provide customers with an option of choosing to have towels and linens laundered daily. The establishment shall prominently display notice of this option in each bathroom and sleeping room using clear and easily understood language.

6. Automobile wash businesses. All "conveyor"-style car wash systems shall have installed water recycling systems and have the system operational or shall have secured a variance in accordance with section 12-4.01.12 herein.

(B) Exceptions. The provisions of this section are not applicable to the uses of water which are necessary to protect public health and safety or for essential governmental services, such as police, fire and other similar emergency services.

(Ord. No. 722, § 2, 2-2-09; Ord. No. 823, § 3, 6-15-21)

(A) A drought response level 1 condition is also referred to as a "shortage alert." A drought response level 1 condition applies when the city declares a drought alert by resolution adopted a regular or special meetings of the city council and the city provides notice in substantial compliance with section 12-4.01.11 that due to cutbacks caused by drought or other reduction in supplies, a consumer demand reduction of up to ten (10) percent is required in order to have sufficient supplies available to meet anticipated demands. After declaration and notification, the city may implement the mandatory level 1 conservation measures identified in this chapter.

(B) Except as provided in subsection (C), all persons using city water shall comply with the following water conservation requirements:

1. Watering hours. No lawn or landscape area shall be watered between the hours of 10:00 a.m. and 8:00 p.m. on any day. This subsection shall not apply to any drip irrigation system approved in writing by the community development director, for irrigation system maintenance, leak repair or new planting of low water usage plants, or irrigation using reclaimed water.

2. Watering days. Limit residential and commercial landscape irrigation to no more than three (3) days per week from June 1 to October 31 and no more than once per week from November 1 to May 31. This section shall not apply to horticulture nurseries or nursery stock, as those terms are used in title XI of this Code. No landscape irrigation shall occur during or within forty-eight (48) hours of a rain event.

3. Watering duration. Limit lawn watering and landscape irrigation using sprinklers to no more than fifteen (15) minutes per watering station per day. This provision does not apply to landscape irrigation systems using water efficient devices, including, but not limited to, weather-based controllers, drip/micro-irrigation systems and stream rotor sprinklers that meet a seventy (70) percent or greater efficiency standard.

4. Water fountains and decorative water features. No person shall operate a fountain or other decorative water feature that does not recirculate the water utilized by the device.

5. Leak repair. Repair all leaks within seventy-two (72) hours of notification by the city unless other arrangements are approved in writing by the city's water department.

6. Anti-waste measures. No person shall do any of the following:

(a) Wash, clean or clear with water sidewalks, walkways, patios, driveways, alleys or parking areas, whether paved or unpaved, except by use of a hand-held bucket or similar container or by use of a cleaning machine equipped to recycle any water used. In no event shall any water so used be permitted to run off into streets, alleys or storm drains;

(b) Wash or clean with water any vehicle, including boats and trailers, whether motorized or un-motorized, except by use of a hand-held bucket or similar container or a hose equipped with a positive action quick release shutoff valve or nozzle. This subsection shall not apply to any commercial car washing facility which utilizes a recycling system to capture or reuse water; and

(c) Water any lawn or landscape area to the point where excess water runs off the lawn or landscape area onto any gutter, street, or alley.

7. Eating and drinking establishments. All eating and drinking establishments of any kind whatsoever including, but not limited to, any restaurant, hotel, cafe, cafeteria, bar or club, as those terms are used in title XI of this Code, whether public or private, shall comply with the following requirements:

(a) Only provide drinking water to any person upon receipt of an express request; and

(b) Wash or clean the kitchen and dining room area floor using a hand-held bucket or similar container, a mop using a bucket or similar container, or "water broom" technologies.

8. Hotels, motels and bed and breakfasts. All hotels, motels, or bed and breakfasts shall provide customers with an option of choosing to have towels and linens laundered daily. The establishment shall prominently display notice of this option in each bathroom and sleeping room using clear and easily understood language.

9. Automobile wash businesses. On or after January 1, 2012, all "conveyor"-style car wash systems shall have installed water recycling systems and have the system operational or shall have secured a variance in accordance with section 12-4.01.12 herein.

(C) Exceptions. The provisions of this section are not applicable to the uses of water which are necessary to protect public health and safety or for essential governmental services, such as police, fire and other similar emergency services.

(Ord. No. 722, § 2, 2-2-09; Ord. No. 823, § 3, 6-15-21)

Editor's note— Ord. No. 823, § 3, adopted June 15, 2021, amended § 12-4.01.05 and in so doing changed the title of said section from drought response level 1—drought alert condition to read as set out herein.

(A) A drought response level 2 condition is also referred to as a "shortage condition." A drought critical 2 condition applies when the city declares a drought critical condition by resolution adopted at a regular or special meetings of the city council and the city provides notice in substantial compliance with section 12-4.01.11 that due to increasing cutbacks caused by drought or other reduction of supplies, a consumer demand reduction of up to twenty (20) percent is required in order to have sufficient supplies available to meet anticipated demands. After declaration and notification, the city may implement the level 2 conservation measures identified in this chapter.

(B) Except as provided in section 12-4.01.05 subsection (C), all persons using water shall comply with drought response level 1 condition practices during a drought response level 2 condition, and shall also comply with the following additional mandatory conservation measures:

1. Commercial watering hours. Nurseries shall use water only during the hours from midnight to 6:00 a.m.

2. Lawns replacement. Commercial landowners to allow tenants the option of replacing lawns and landscapes with CA-friendly landscape.

3. Watering days. Limit residential and commercial landscape irrigation to no more than two (2) days per week from June 1 to October 31 and no more than once per week from November 1 to May 31. This section shall not apply to horticulture nurseries or nursery stock, as those terms are used in title XI of this Code. No landscape irrigation shall occur during or within seventy-two (72) hours of a rain event.

4. Watering duration. Limit lawn watering and landscape irrigation using sprinklers to no more than ten (10) minutes per watering station per day. This provision does not apply to landscape irrigation systems using water efficient devices, including, but not limited to: weather-based controllers, drip/micro-irrigation systems and stream rotor sprinklers that meet a seventy (70) percent or greater efficiency standard.

5. Landscaped areas. Water landscaped areas, including trees and shrubs located on residential and commercial properties, by using a bucket, hand-held hose with a positive shutoff nozzle, or low-volume, non-spray irrigation.

6. Water fountains and decorative water features. No person shall operate a fountain or other decorative water feature.

7. Stop filling or refilling ornamental lakes or ponds, except to the extent needed to sustain aquatic life.

8. Stop washing vehicles except at commercial carwashes that recirculate water, or by high-pressure/low-volume wash systems.

9. Leak repair. Repair all leaks within forty-eight (48) hours of notification by the city unless other arrangements are approved in writing by the city's water department.

10. Pools and spas to have a cover to prevent evaporation.

(C) Upon the declaration of a drought response level 2 condition, the city and the public works department staff shall:

1. Suspend consideration of annexations to its water service area.

2. The city may establish a water allocation for properties within the city's jurisdiction. Water allocation shall not penalize persons for the implementation of conservation methods or the installation of water saving devices. If the city establishes a water allocation it shall provide a notice in the regular billing statement for water services and to the addresses in which the bills are customarily sent. Following the effective date of the water allocation as established by the city, any person that uses water in excess of the allocation shall be subject to a penalty as determined by a resolution of the city council for each billing unit of water in excess of the allocation.

(Ord. No. 722, § 2, 2-2-09; Ord. No. 823, § 3, 6-15-21)

Editor's note— Ord. No. 823, § 3, adopted June 15, 2021, amended § 12-4.01.06 and in so doing changed the title of said section from drought response level 2—drought critical condition to read as set out herein.

(A) A drought response level 3 condition is also referred to as a "severe shortage condition." A level 3 condition applies when, after a public hearing, the city declares by resolution that a water shortage emergency pursuant to California Water Code § 350 and provides notice in substantial compliance with section 12-4.01.11 that due to increasing cutbacks caused by drought or other reduction of supplies, a consumer demand reduction of up to thirty (30) percent is required in order to have sufficient supplies available to meet anticipated demands. After declaration and notification, the city may implement the level 3 conservation measures identified in this chapter.

(B) Except as provided in section 12-4.01.05 subsection (C), all persons using water shall comply with drought response level 1 and 2 condition practices during a drought response level 3 condition, and shall also comply with the following additional mandatory conservation measures:

1. Watering days. Limit residential and commercial landscape irrigation to no more than one day per week from June 1 to October 31 and zero days from November 1 to May 31. This section shall not apply to horticulture nurseries or nursery stock, as those terms are used in title XI of this Code. No landscape irrigation shall occur during or within one week of a rain event.

2. Watering duration. Limit lawn watering and landscape irrigation using sprinklers to no more than seven (7) minutes per watering station per day. This provision does not apply to landscape irrigation systems using water efficient devices, including, but not limited to: weather-based controllers, drip/micro-irrigation systems and stream rotor sprinklers that meet a seventy (70) percent or greater efficiency standard.

3. Leak repair. Repair all water leaks within twenty-four (24) hours of notification by the city unless other arrangements are approved in writing by the city manager.

4. Pools and spas are not to be refilled.

5. Stop all commercial window-washing.

6. Eating and drinking establishments. All eating and drinking establishments of any kind whatsoever including, but not limited to, any restaurant, hotel, cafe, cafeteria, bar or club, as those terms are used in title XI of this Code, whether public or private, shall comply with the following requirements:

(a) Wash or clean the kitchen and dining room area floor once daily (after close of business) using a hand-held bucket or similar container, a mop using a bucket or similar container, or "water broom" technologies.

(b) Pre-soak dirty dishes prior to cleaning in order to remove waste without excess water.

(c) Install solenoid valve for sinks with garbage disposals.

(d) Replace and install waterless urinals and low-flow toilets in the restrooms. This requirement is to be complied with for all commercial buildings that rely on city water.

7. Hotels, motels and bed and breakfasts. All hotels, motels, or bed and breakfasts shall have towels and linens laundered only after a change of customers. The establishment shall prominently display notice of this in each bathroom and sleeping room using clear and easily understood language.

8. Apartment buildings are to certify low-flow fixtures (showerheads and faucets) are installed prior to leasing apartments.

(C) Upon the declaration of a drought response level 2 condition, the city and the public works department staff shall:

1. Provide letters to certain properties for allocations established in level 2 informing reduction of ten (10) percent in allocation of tiered rate.

(Ord. No. 722, § 2, 2-2-09; Ord. No. 823, § 3, 6-15-21)

Editor's note— Ord. No. 823, § 3, adopted June 15, 2021, amended § 12-4.01.07 and in so doing changed the title of said section from drought response level 3—drought emergency condition to read as set out herein.

(A) A drought response level 4 condition is also referred to as a "critical shortage condition." A level 4 condition applies when, after a public hearing, the city declares by resolution that a water shortage emergency pursuant to California Water Code § 350 and provides notice in substantial compliance with section 12-4.01.11 that due to increasing cutbacks caused by drought or other reduction of supplies, a consumer demand reduction of up to forty (40) percent is required in order to have sufficient supplies available to meet anticipated demands. After declaration and notification, the city may implement the level 4 conservation measures identified in this chapter.

(B) Except as provided in section 12-4.01.05 subsection (C), all persons using water shall comply with drought response level 1, 2, and 3 condition practices during a drought response level 4 condition, and shall also comply with the following additional mandatory conservation measures:

1. Stop all landscape irrigation, except crops and landscape products of horticulture nurseries or nursery stock, as those terms are used in title XI of this Code. This restriction shall not apply to the following categories of use:

(a) Maintenance of trees and shrubs that are watered by using a bucket, handheld hose with a positive shutoff nozzle, or low-volume non-spray irrigation;

(b) Maintenance of existing landscaping necessary for fire protection as specified by the fire marshal of the local fire protection agency having jurisdiction over the property to be irrigated;

(c) Maintenance of existing landscaping for erosion control;

(d) Maintenance of plant materials identified to be rare or essential to the wellbeing of rare animals;

(e) Maintenance of landscaping within active public parks and playing fields, day care centers, school grounds, cemeteries, and golf course greens, provided that such irrigation does not exceed two (2) days per week;

(f) Public works projects and actively irrigated environmental mitigation projects.

2. Lawns replacement. Commercial landowners to replace lawns and landscapes with CA-friendly landscape.

(C) Upon the declaration of a drought response level 4 condition, no new potable water service shall be provided, no new temporary meters or permanent meters shall be provided, and no statements of immediate ability to serve or provide potable water service (such as, will serve letters, certificates, or letters of availability) shall be issued, except under the following circumstances:

1. A valid, unexpired building permit has been issued for the project; or

2. The project is necessary to protect the public's health, safety, and welfare as determined by the city council; or

3. The project is a residential development consisting of less than five (5) residential units; or

4. The applicant provides substantial evidence of an enforceable commitment that water demands for the project will be offset prior to the provision of a new water meter(s) to the satisfaction of the city.

This provision shall not be construed to preclude the resetting or turn-on of meters to provide continuation of water service or to restore service that has been interrupted for a period of one year or less.

(D) Upon the declaration of a drought response level 2 condition, the city and the public works department staff shall:

1. Develop rate increase study to mitigate loss of revenue.

2. Further increase in rates for certain over-allocation properties issued warnings/notices in level 3.

3. Increase frequency of meter readings to once monthly in order to allow staff and customers to track progress.

4. Implement water waste patrols (once monthly).

(Ord. No. 823, § 3, 6-15-21)

(A) A drought response level 5 condition is also referred to as an "emergency shortage condition." A level 5 condition applies when, after a public hearing, the city declares by resolution that a water shortage emergency pursuant to California Water Code § 350 and provides notice in substantial compliance with section 12-4.01.11 that due to increasing cutbacks caused by drought or other reduction of supplies, a consumer demand reduction of up to fifty (50) percent is required in order to have sufficient supplies available to meet anticipated demands. After declaration and notification, the city may implement the level 5 conservation measures identified in this chapter.

(B) Except as provided in section 12-4.01.05 subsection (C), all persons using water shall comply with drought response level 1, 2, 3, and 4 condition practices during a drought response level condition, no further additional mandatory conservation measures will be required. Only the city and the public works department staff shall comply with the following additional mandatory conservation measures:

1. Initiate systemwide rate increase to achieve necessary reduction and to mitigate loss of revenue.

2. Hand-post drought notices on all customer properties (residential homes and commercial buildings).

(Ord. No. 823, § 3, 6-15-21)

(A) A drought response level 6 condition is also referred to as a "crisis shortage condition." A level 6 condition applies when, after a public hearing, the city declares by resolution that a water shortage emergency pursuant to California Water Code § 350 and provides notice in substantial compliance with section 12-4.01.11 that due to increasing cutbacks caused by drought or other reduction of supplies, a consumer demand reduction of more than fifty (50) percent is required in order to have sufficient supplies available to meet anticipated demands. After declaration and notification, the city may implement the level 6 conservation measures identified in this chapter.

(B) Except as provided in section 12-4.01.05 subsection (C), all persons using water shall comply with drought response level 1, 2, 3, 4, and 5 condition practices during a drought response level condition, no further additional mandatory conservation measures will be required. Only the city and the public works department staff shall comply with the following additional mandatory conservation measures:

1. Mobilize potable water trucks to provide emergency water supplies to customers.

2. Decrease pressure in water mains to limit customer water use to only those most necessary uses.

(Ord. No. 823, § 3, 6-15-21)

(A) The city council may implement the applicable provisions of this conservation plan upon its determination that such implementation is necessary to protect the public welfare and safety.

(B) Procedure for the notification of a drought response level.

1. Within five (5) days following the declaration of the response level, the city shall publish a copy of the resolution in a newspaper used for publication of official notices, and in any other places designated by the city council or city manager.

2. The mandatory conservation measures applicable to drought response level conditions shall take effect on the tenth day after the date the response level is declared. All other conditions shall take effect immediately upon adoption of the resolution.

3. If the city establishes a water allocation, it shall provide notice of the allocation by including it in the regular billing statement to the address to which the billing statement for fees for ongoing water service is customarily sent. Water allocation shall be effective on the fifth day following the date of mailing or at such later date as specified in the notice.

(C) The city council shall declare the end to a drought response level by the adoption of a resolution at any regular or special meeting held in accordance with state law.

(Ord. No. 722, § 2, 2-2-09; Ord. No. 823, § 3, 6-15-21)

Editor's note— Ord. No. 823, § 3, adopted June 15, 2021, added a new § 12-4.01.08 to the Code and in so doing renumbered the former § 12-4.01.08 as § 12-4.01.11, as set out herein.

A variance may be granted or conditionally granted in accordance with the following requirements.

1. Application. The applicant must fill out a city application located within the community development department and pay the nonrefundable processing fee for a variance. Such fee shall be set by resolution of the city council.

2. Supporting documentation. The application shall be accompanied by photographs, maps, drawings, and other information, including a written statement of the applicant demonstrating the grounds for the requested variance.

3. Required findings for variance. An application for a variance 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, and on water use information for the property as shown by the records of the city or its agent(s), all of the following:

(a) That the variance does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses;

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

(c) That the authorizing of such variance 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

(d) That the condition or situation of the subject property or the intended use of the property for which the variance is sought is not common, recurrent or general in nature.

4. Approval authority. The city manager shall exercise approval authority and act upon any completed application no later than ten (10) days after submittal and may approve, conditionally approve, or deny the variance. The applicant requesting the variance shall be promptly notified in writing of any action taken. Unless specified otherwise at the time a variance is approved, the variance applies to the subject property during the term of the mandatory drought response.

5. Appeals to the city council. An applicant may appeal the city manager's decision or any conditions on the approval to the city council within ten (10) days of the decision. Written request shall be submitted stating the grounds for the appeal. The city council shall review the appeal de novo and pursuant to the appropriate variance procedures provided for in this section. The decision of the city council is final.

(Ord. No. 722, § 2, 2-2-09; Ord. No. 823, § 3, 6-15-21)

Editor's note— Ord. No. 823, § 3, adopted June 15, 2021, added a new § 12-4.01.09 to the Code and in so doing renumbered the former § 12-4.01.09 as § 12-4.01.12, as set out herein.

Any person who uses, causes to be used, or permits the use of water in violation of any section of part 1 of this chapter is guilty of an offense punishable as follows:

1. The first violation of any section herein shall constitute an infraction whereby a written warning shall be issued to the party or parties witnessed committing the infraction; and

2. The second violation of any section herein shall constitute an infraction punishable in accordance with title I, chapter 2 (Penalty Provisions) and title 1, chapter 5 (Administrative Citations and Penalties) of the Lomita Municipal Code.

(Ord. No. 722, § 2, 2-2-09; Ord. No. 823, § 3, 6-15-21)

Editor's note— Ord. No. 823, § 3, adopted June 15, 2021, added a new § 12-4.01.10 to the Code and in so doing renumbered the former § 12-4.01.10 as § 12-4.01.13, as set out herein.