Chapter 14.16 — WATER CONSERVATION AND WATER SUPPLY SHORTAGE PROGRAM4

A. The purpose of this chapter is to establish a water conservation and water supply shortage program that, to the greatest extent possible, will reduce water consumption within the City of Newport Beach, enable effective water supply planning, ensure reasonable and beneficial use of water, prevent waste of water, complement the City’s water quality regulations and urban runoff reduction efforts, maximize the efficient use of water, minimize the effect and hardship of water shortages, and implement the City’s Water Shortage Contingency Plan.

B. The water conservation and water supply shortage program created by this chapter
establishes permanent water conservation requirements intended to alter behavior related
to water use efficiency for nonshortage conditions and further establishes six levels of
water supply shortage response actions to be implemented during times of a declared water
shortage with increasing restrictions on water use in response to worsening drought or
emergency conditions and decreasing supplies.

C. The City Council finds as follows:

1. A reliable minimum supply of water is essential to the public health, safety and
welfare of the people and economy of the City and the Southern California region.

2. Wasteful water use practices constitute a potential threat to and an unacceptable
diminution of the City’s water supplies. The prevention of water waste is an
economically and environmentally feasible way to protect, conserve, and prevent
unacceptable diminution of the City’s water supplies.

3. Careful water management that includes active water conservation measures, not only
in times of drought but at all times, is essential to ensure a reliable minimum supply
of water to meet current and future supply needs.

4. Article X, Section 2, of the California Constitution declares that the general welfare
requires that water resources be put to beneficial use, that waste or unreasonable use
or unreasonable method of use of water is to be prevented and that conservation of
water be fully exercised with a view to the reasonable and beneficial use thereof.

5. Article XI, Section 7, of the California Constitution declares that a city or county may
make and enforce within its limits all local, police, sanitary and other ordinances and
regulations not in conflict with general laws.

6. California Water Code Section 375 authorizes a water supplier to adopt and enforce a
comprehensive water conservation program to reduce water consumption and
conserve supplies.

7. The adoption and enforcement of the water conservation and water supply shortage program is necessary to manage the City’s water supply in the short and long term and to avoid or minimize the effects of a supply shortage within the City’s service 4. Prior ordinance history: Ords. 794, 1755, 91-17, 92-31 and 96-22.

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City of Newport Beach, CA § 14.16.010 WATER AND SEWERS § 14.16.020

area. Such a program is essential to ensure a reliable and sustainable minimum supply
of water for public health, safety and welfare.

8. Recycled water is supplied in various areas throughout the City to conserve potable
water. Recycled water, like potable water, must be used efficiently and is therefore
included in this program.

9. Outdoor water use is a primary source of urban runoff, which flows onto the streets,
through storm drains, to the creeks, the harbor and beaches. It is therefore in the public
interest to promote practices that increase water use efficiency, reduce or eliminate
runoff, and further support the regulations as set forth in Chapter 14.36 (Water
Quality) and related best management practices.

10. Contamination, drought, or failure of the water system infrastructure may lead to a
potable water shortage emergency in the City’s water supplies.

11. Normal water supply conditions, known as Level Zero, exist during periods when the
City anticipates no supply reductions. The City will proceed with planned water
efficiency best practices to support consumer demand reduction in line with State
mandated requirements and local goals for water supply reliability. The permanent
mandatory water conservation requirements in Section 14.16.040 shall be in effect to
prevent waste and unreasonable use of water at all times.
(Ord. 2009-24 § 1 (part), 2009; Ord. 2015-14 § 1 (part), 2015; Ord. 2022-13 § 1, 2022; Ord.
2023-22 § 656, 2023)

In this chapter, the following words and phrases shall have the following meanings:

“Base amount” means a base amount of water usage per billing period to be determined for each customer. For any particular billing period, the base amount shall be as indicated on the customer’s municipal services statement for the prior billing period. For customers occupying premises for which the City’s water billing history includes the year specified in the resolution declaring a water shortage, the base amount shall be the amount of water used during the same billing period in the year specified in the resolution. For customers occupying premises for which the City’s water billing history does not include the same billing period in the year specified in the resolution declaring a water shortage, the base amount shall be the estimate of the water usage per billing period of similar premises and users.

“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 seven hundred forty-eight (748) gallons.

“Commercial kitchen” means a facility containing a kitchen in which food is prepared for sale, such as a restaurant, cafe, hotel, catering establishment, or other food preparation establishment.

“Customer” shall mean any person or premises using or receiving water service from the City. The term “customer” shall not include a person or premises receiving water service within the City from the Irvine Ranch Water District or from the Mesa Water District.

“Department” shall mean the City of Newport Beach Utilities Department.

“Director” shall mean the Utilities Director.

“Irrigate” means the watering of any lawn, landscape, or other vegetated area.

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City of Newport Beach, CA § 14.16.020 NEWPORT BEACH CODE § 14.16.040

“Landscape irrigation system” means an irrigation system with pipes, hoses, spray heads, or sprinkling devices that are operated by and/or through an automated system.

“MET” shall mean the Metropolitan Water District of Southern California.

“Premises” means a parcel of land, or portion of a parcel, including any improvements located thereon, that are served by a City water meter.

“Recycled water” means the reclamation and reuse of nonpotable water and/or wastewater for beneficial use, such as irrigation.

“Water” shall mean potable water and recycled water.

“Water conservation plan” means a plan submitted by a customer for the approval of the Director, in conjunction with a request for an exemption or partial exemption that proposes the maximum feasible reduction in consumption.

“Water consumption restrictions” shall mean those provisions in this chapter that require customers to reduce the amount of water consumed during a water supply shortage in relation to the base amount. (Ord. 2009-24 § 1 (part), 2009; Ord. 2013-11 §§ 81—83, 2013; Ord. 2015-14 § 1 (part), 2015; Ord. 2022-13 § 1, 2022; Ord. 2023-22 § 657, 2023)

A. The provisions of this chapter shall apply to all persons, customers, and premises using water in the City, as set forth herein.

B. For the purposes of this chapter, the use of water by a tenant, employee, agent, contractor,
representative or person acting on behalf of a customer shall be imputed to the customer.
(Ord. 2009-24 § 1 (part), 2009; Ord. 2015-14 § 1 (part), 2015; Ord. 2022-13 § 1, 2022)

The following prohibitions and mandatory water conservation requirements are effective at all times, including during a water supply shortage. Violations of this section will be considered waste and an unreasonable use of water.

A. Limit on Watering Duration. No customer shall use potable water to irrigate any lawn and/
or ornamental landscape area using a landscape irrigation system or a watering device that
is not continuously attended unless such irrigation is limited to no more than ten (10)
minutes watering per station. This restriction does not apply to the following:

1. Landscape irrigation systems that exclusively use very low-flow drip type or bubbler
type irrigation systems in which no emitter produces more than two gallons of water
per hour.

2. Weather based controllers or stream rotor sprinklers that meet a seventy (70) percent
efficiency standard.

B. Limits on Watering Hours. No customer shall use potable water to irrigate any lawn,
landscape or other vegetated area between the hours of 9:00 a.m. and 5:00 p.m. Pacific
Time on any day, except by use of hand-held bucket or similar container, or a hand-held
hose equipped with a positive self-closing water shut-off nozzle or device, or for short
periods for the exclusive purpose of adjusting or repairing an irrigation system.

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City of Newport Beach, CA § 14.16.040 WATER AND SEWERS § 14.16.040

C. No Excessive Runoff. No person shall use water to irrigate any lawn and/or ornamental
landscape area in a manner that causes or allows more than incidental flow or runoff onto
an adjoining sidewalk, driveway, street, alley, gutter or ditch. “Incidental flow or runoff”
means a minimal amount of water that escapes the area of intended use, such as windblown
overspray onto adjacent hard surfaces.

D. No Washing Down. No person shall use water to wash down hard or paved surfaces,
including, but not limited to, sidewalks, walkways, driveways, parking areas, tennis courts,
patios or alleys, except 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, or a low-volume, high-pressure cleaning
machine (e.g., “water broom”) equipped to recycle any water used and efforts are made to
vacuum the runoff or direct the runoff away from paved surfaces.

E. Obligation to Fix. No person shall permit 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 and corrected and in no
event more than three days after receiving notice of the condition from the City unless other
arrangements are made with the City.

F. Watering During and After Rainfall. No customer shall use potable water to irrigate lawns,
groundcover, shrubbery or other ornamental landscape material during and within forty-
eight (48) hours after a measurable rainfall event of at least one-fourth of one inch of rain
as recorded by the National Weather Service, the closest California Irrigation Management
Information System station, or any other reliable source of rainfall data available to the
City.

G. Landscaping Connected to Dedicated Landscape Meters. All landscape irrigation systems
connected to dedicated landscape meters shall include rain sensors that automatically shut
off such systems during periods of rain or include evapotranspiration systems that schedule
irrigation based on climatic conditions.

H. Water Fountain Recirculating Water. No customer shall operate a water fountain or other
decorative water feature that does not use a recirculating water system.

I. Washing Vehicles and Equipment. No customer shall use water to clean a vehicle,
including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer,
whether motorized or not, except by use of a hand-held bucket or similar container or a
hand-held hose equipped with a positive self-closing water shut-off nozzle or device.

1. This subsection does not apply to any commercial car washing facility.

J. Commercial Car Washes. All commercial conveyor car wash systems in commercial car
washing facilities shall use operational recirculating water systems.

K. Drinking Water Served Upon Request Only. Customers operating eating or drinking
establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars, or
other public places where food or drinks are sold, served, or offered for sale, shall not
provide drinking water to any person unless expressly requested by the person.

L. Commercial Lodging Linens. Customers operating hotel, motel, and other commercial
lodging establishments shall provide persons the option of not having towels and linen

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City of Newport Beach, CA § 14.16.040 NEWPORT BEACH CODE § 14.16.050

laundered daily. Commercial lodging establishments must prominently display notice of
this option.

M. No Single Pass Cooling Systems. No customer shall install a new single pass cooling
system in a building or premises.

N. Use of Hydrants. No person shall use water from any fire hydrant for any purpose other
than fire suppression or emergency aid without first obtaining a City hydrant meter account
or written approval from the Director. Absent a meter account or Director approval, water
theft and meter tampering fees shall be applied as appropriate.

O. Newly Constructed Homes and Buildings. No person shall water with potable water the
landscapes outside of newly constructed homes and buildings in a manner inconsistent with
regulations or other requirements established by the California Building Standards
Commission.

P. Construction Site Requirements. The requirements of this subsection apply to persons
engaged in construction activities. A permittee’s refusal or failure to comply with these
requirements shall constitute grounds for revocation of a construction or grading permit. In
addition, the City may withhold occupancy and inspections until such time as the permit
holder has complied.

1. No person shall use potable water for soil compaction or dust control in a construction
site where there is an available and feasible source of recycled water or nonpotable
water approved by the Department of Public Health and appropriate for such use.

2. No person shall operate a hose within a construction site that is not equipped with an
automatic shut-off nozzle, provided that such devices are available for the size and
type of hose in use.

Q. Commercial Kitchen Requirements. No customer may operate a commercial kitchen that
does not comply with the following requirements:

1. Water-Conserving Pre-Rinse Kitchen Spray Valves. Commercial kitchens shall be
equipped with water-conserving kitchen spray valves.

2. Best Available Water-Conserving Technology. Commercial kitchens shall ensure that all water-using equipment uses the best available water-conserving technology. 3. When hosing or washing kitchen or garbage areas or other areas for sanitary reasons as required by the Department of Health, hoses shall be equipped with positive self- closing nozzles.

   R. Public Health and Safety. The provisions in this section shall not be construed to limit water use that is immediately necessary to protect public health or safety. (Ord. 2009-24 § 1 (part), 2009; Ord. 2015-14 § 1 (part), 2015; Ord. 2022-13 § 1, 2022; Ord. 2023-22 § 658, 2023)

A. Upon the Director’s determination of the existence of a water supply shortage based on the criteria and stages defined in the City’s Water Shortage Contingency Plan, the City Council may declare a water supply shortage from Level One up to Level Six. In accordance with

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City of Newport Beach, CA § 14.16.050 WATER AND SEWERS § 14.16.070

California Water Code Sections 350 through 352, the City Council may also declare a
Level Six catastrophic water supply shortage in response to a disaster or sudden event that
has diminished or threatens to significantly diminish the reliability or quality of the City’s
water supply.

B. The mandatory water conservation measures applicable to the level of water supply
shortage shall take effect on the date specified in the resolution declaring the water supply
shortage. The declaration of a water supply shortage level shall be effective for no more
than six months unless extended by the City Council.

C. The City Manager shall notify and inform the public, local, regional, and State
governments, and other stakeholders of the declaration of water supply shortage, the
mandatory conservation requirements, and other water shortage response actions,
according to the communication procedures in the City’s Water Shortage Contingency
Plan.

D. During the existence of a water supply shortage, the Director shall provide periodic reports
to the City Council regarding compliance with the mandatory conservation requirements of
the level of water supply shortage, current and anticipated allocations of water from MET,
and any change in circumstances that could warrant a position of more stringent measures
or relaxation of measures then in effect.
(Ord. 2009-24 § 1 (part), 2009; Ord. 2015-14 § 1 (part), 2015; Ord. 2022-13 § 1, 2022; Ord.
2023-22 § 659, 2023)

A Level One water supply shortage exists when the City determines a water supply shortage exists or there is no surplus water supply and an overall water use reduction of up to ten (10) percent is necessary to make more efficient use of water and appropriately respond to existing water conditions.

A. No customer shall use potable water to irrigate any lawn, landscape or other vegetated area
except on the scheduled irrigation days established for each customer by the Director. The
Director shall specify for each customer four irrigation days per week during the months of
April through October and two irrigation days per week during the months of November
through March. This restriction does not apply to the following:

1. Maintenance of vegetation including trees and shrubs that is watered using a hand-
held bucket or similar container, a hand-held hose equipped with a positive self-
closing water shut-off nozzle or device, or a very low-flow drip type irrigation system
when no emitter produces more than two gallons of water per hour.

2. Irrigation of food crops (including fruit trees and vegetable gardens).

3. Short periods of irrigation for the exclusive purpose of adjusting or repairing an
irrigation system.

B. No customer shall use more water during any billing period than the percentage of the base
amount per customer category established in the resolution declaring the Level One water
supply shortage, which percentage shall be in the range from one hundred (100) percent to
eighty (80) percent of the base amount.
(Ord. 2009-24 § 1 (part), 2009; Ord. 2015-14 § 1 (part), 2015; Ord. 2022-13 § 1, 2022)

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City of Newport Beach, CA § 14.16.070 NEWPORT BEACH CODE § 14.16.080

A Level Two water supply shortage exists when the City determines a water supply shortage exists and an overall water use reduction of between ten (10) percent and twenty (20) percent is necessary to make more efficient use of water and appropriately respond to existing water conditions.

A. No customer shall use potable water to irrigate any lawn, landscape or other vegetated area
except on the scheduled irrigation days established by the Director. The Director shall
specify for each customer three irrigation days per week during the months of April through
October and one irrigation day per week during the months of November through March.
This restriction does not apply to the following:

1. Maintenance of vegetation, including trees and shrubs, that is watered using a hand-
held bucket or similar container, a hand-held hose equipped with a positive self-
closing water shut-off nozzle or device, or a very low-flow drip type irrigation system
when no emitter produces more than two gallons of water per hour.

2. Irrigation of food crops (including fruit trees and vegetable gardens).

3. Short periods of irrigation for the exclusive purpose of adjusting or repairing an
irrigation system.

B. No customer shall use more water during any billing period than the percentage of the base
amount per customer category established in the resolution declaring the Level Two water
supply shortage, which percentage shall be in the range from one hundred (100) percent to
seventy (70) percent of the base amount.
(Ord. 2009-24 § 1 (part), 2009; Ord. 2015-14 § 1 (part), 2015; Ord. 2022-13 § 1, 2022)

A Level Three water supply shortage exists when the City determines a water supply shortage exists and an overall water use reduction of between twenty (20) percent and thirty (30) percent is necessary to make more efficient use of water and appropriately respond to existing water conditions.

A. No customer shall use potable water to irrigate any lawn, landscape or other vegetated area
except on the scheduled irrigation days established by the Director. The Director shall
specify for each customer two irrigation days per week during the months of April through
October and one irrigation day per week during the months of November through March.
This restriction does not apply to the following:

1. Maintenance of vegetation, including trees and shrubs, that is watered using a hand-
held bucket or similar container or hand-held hose equipped with positive self-closing
water shut-off nozzle or device, or a very low-flow drip type irrigation system when
no emitter produces more than two gallons of water per hour.

2. Irrigation of food crops (including fruit trees and vegetable gardens), provided that
such irrigation does not exceed four days per week on a schedule established by the
Director.

3. Short periods of irrigation for the exclusive purpose of adjusting or repairing an
irrigation system.

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City of Newport Beach, CA § 14.16.080 WATER AND SEWERS § 14.16.100

B. No customer shall use more water during any billing period than the percentage of the base amount per customer category established in the resolution declaring the Level Three water supply shortage, which percentage shall be in the range from ninety (90) percent to fifty (50) percent of the base amount.

C. No person shall permit loss or escape of water through breaks, leaks or other malfunctions in the user’s plumbing or distribution system for more than twenty-four (24) hours after receiving notice from the City. (Ord. 2009-24 § 1 (part), 2009; Ord. 2015-14 § 1 (part), 2015; Ord. 2022-13 § 1, 2022)

A Level Four water supply shortage exists when the City determines a water supply shortage exists and an overall water use reduction of between thirty (30) percent and forty (40) percent is necessary to make more efficient use of water and appropriately respond to existing water conditions.

A. No customer shall use potable water to irrigate any lawn, landscape or other vegetated area
except on the scheduled irrigation days established by the Director. The Director shall
specify for each customer one irrigation day per week. This restriction does not apply to
the following:

1. Maintenance of vegetation, including trees and shrubs, that is watered using a hand-
held bucket or similar container or hand-held hose equipped with positive self-closing
water shut-off nozzle or device, or a very low-flow drip type irrigation system when
no emitter produces more than two gallons of water per hour.

2. Irrigation of food crops (including fruit trees and vegetable gardens), provided that
such irrigation does not exceed three days per week on a schedule established by the
Department.

3. Short periods of irrigation for the exclusive purpose of adjusting or repairing an
irrigation system.

B. No customer shall use more water during any billing period than the percentage of the base
amount per customer category established in the resolution declaring the Level Four water
supply shortage, which percentage shall be in the range from eighty (80) percent to twenty-
five (25) percent of the base amount.

C. No person shall permit loss or escape of water through breaks, leaks or other malfunctions
in the user’s plumbing or distribution system for more than twenty-four (24) hours after
receiving notice from the City.
(Ord. 2009-24 § 1 (part), 2009; Ord. 2015-14 § 1 (part), 2015; Ord. 2022-13 § 1, 2022)

A Level Five severe water supply shortage exists when the City determines a water supply shortage exists and an overall water use reduction of between forty (40) percent and fifty (50) percent is necessary to make more efficient use of water and appropriately respond to existing water conditions.

A. No customer shall use potable water to irrigate any lawn, landscape or other vegetated area.

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City of Newport Beach, CA § 14.16.100 NEWPORT BEACH CODE § 14.16.100

This restriction does not apply to the following:

1. Maintenance of vegetation, including trees and shrubs, that is watered using a hand-
held bucket or similar container or a hand-held hose equipped with a positive self-
closing water shut-off nozzle or device.

2. Maintenance of existing landscape to the extent necessary for fire protection.

3. Maintenance of existing landscape to the extent necessary for soil erosion control.

4. Maintenance of plant materials identified to be rare or essential to the well-being of
rare animals.

5. Maintenance of landscape 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 times per week on a schedule established by the
Director.

6. Public works projects and actively irrigated environmental mitigation projects.

7. Food crops (including fruit trees and vegetable gardens); provided, that such irrigation
does not exceed two times per week on a schedule established by the Director.

B. The City will not provide new potable water service, new temporary meters, or new
permanent meters or issue statements of immediate ability to serve or to provide potable
water service, except under the following circumstances:

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

2. The project is necessary to protect public health, safety, and welfare; or

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

This restriction does not preclude the resetting or turn-on of meters to provide
continuation of water service or the restoration of service that has been interrupted for
a period of one year or less.

C. No customer shall use more water during any billing period than the percentage of the base amount per customer category established in the resolution declaring the Level Five severe water supply shortage, which percentage shall be between seventy-five (75) percent to zero percent of the base amount.

D. No person shall permit loss or escape of water through breaks, leaks or other malfunctions in the user’s plumbing or distribution system for more than twenty-four (24) hours after receiving notice from the City.

E. No customer may use potable water to fill or refill an ornamental lake, pond, or fountain, except to the extent needed to sustain aquatic life, provided that such animals were being actively managed within the water feature at the time of the City’s declaration of the water supply shortage under this chapter.

F. No customer may use potable water to fill or refill a residential swimming pool or outdoor

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City of Newport Beach, CA § 14.16.100 WATER AND SEWERS § 14.16.130

spa.

G. No permits for new pool construction or reconstruction shall be issued.

H. Washing of autos, trucks, trailers, boats, motorhomes and other types of vehicles and mobile equipment is prohibited, other than at a commercial car wash. (Ord. 2022-13 § 1, 2022)

A Level Six catastrophic water supply shortage exists when the City determines a water supply shortage exists and an overall water use reduction of over fifty (50) percent is necessary to make more efficient use of water and appropriately respond to existing water conditions. A Level Six condition includes a disaster or sudden event such as earthquake, wildfire, power outage, or failure of any water supply or water distribution facility that has or threatens to significantly diminish the reliability or quality of the City’s water supply.

All water uses except those necessary for basic health and safety are prohibited or shall be significantly reduced and all restrictions under a Level Five severe water supply shortage shall also be in effect, unless otherwise specified in the resolution declaring the water supply shortage. (Ord. 2022-13 § 1, 2022)

A. The provisions of this chapter do not apply to uses of water necessary to protect public health and safety or for essential government services, such as public works, public utilities, police, fire and other similar emergency services.

B. Water consumption restrictions shall not be applicable to any of the following:

1. Customers who have participated in a fuel load modification program and have
received an exemption from the Director and Fire Marshal. The Director and Fire
Marshal shall only grant exemptions necessary to mitigate the impacts of participation
in the fuel modification zone program, such as the need to irrigate replacement
vegetation.

2. Customers that operate hospitals, medical care facilities, nurseries or other businesses
whose main stock and trade consists of the sale or cultivation of plants and vegetation,
and businesses in which water consumption is an integral part of production or
manufacturing, provided that such customers shall first submit a water conservation
plan to, and obtain the approval of, the Director. This exemption does not extend to
the use of potable water for the irrigation of landscape areas.

C. The Director shall approve a water conservation plan only if the plan proposes the
maximum feasible reduction in consumption. As a condition of approving the water
conservation plan, the Director may require the use of water conservation devices or
practices as he or she deems appropriate to result in the maximum feasible reduction in
consumption.
(Ord. 2009-24 § 1 (part), 2009. Formerly 14.16.100; Ord. 2015-14 § 1 (part), 2015; Ord.
2022-13 § 1, 2022)

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City of Newport Beach, CA § 14.16.130 NEWPORT BEACH CODE § 14.16.130

A. Intent and Purpose. The City Council recognizes that water consumption can increase or
decrease because of factors unrelated to wasteful water use practices. Many customers have
installed water-saving devices and adopted water conservation practices that make it
difficult to satisfy the water consumption restrictions required by this chapter. This section
recognizes that adjustments to the base amount may be necessary to ensure that application
of this chapter to any particular customer does not produce unjust or inequitable results,
especially during water supply shortage Levels One, Two, and Three. In addition, this
section recognizes unique circumstances may result in undue or disproportionate hardship
as to a customer using water which is different from the impacts to water users generally.
As a general rule, the Director should not grant relief to any customer for any reason in the
absence of showing that the customer has achieved the maximum feasible reduction in
water consumption, such as through the use of water-saving devices (e.g., efficient fixtures,
controllers and droughtresistant or artificial landscaping).

B. Procedures. A customer may seek relief from the provisions of this chapter by submitting
an application in a form prescribed by the Department. The Director may require the
submission of additional supporting documentation that he or she deems necessary to grant
the application for relief. The Director shall approve or disapprove the application for
relief, in whole or in part, within thirty (30) days after it is filed and deemed complete.

C. Factors to Be Considered.

1. Relief from Water Consumption Restrictions. In determining whether relief should be
granted from water consumption restrictions, the Director shall consider all relevant
factors including, but not limited to, the following:

a. Whether compliance with the water conservation requirements then in effect
would result in unemployment or layoff of workers;

b. Whether additional persons are now living or working in the customer’s
premises that were not living or working in the premises during all or a portion
of the billing periods used to calculate the base amount;

c. For residential customers, whether the usage in the prior billing period was equivalent to or less than ten (10) billing units in a Level One condition, nine billing units in a Level Two condition, eight billing units in a Level Three condition, seven billing units in a Level Four condition, and six billing units in a Level Five severe condition, with the thresholds doubled for customers billed on a bimonthly basis (e.g., eighteen (18) billing units in a Level Two condition);

d. Whether the customer had, during all or a portion of the billing periods used to
calculate the base amount, begun using water conservation practices that remain
in use and that reduced the customer’s water usage by an amount equivalent to
the reduction required by the water supply shortage;

e. Whether any current or anticipated increase in production or manufacturing will
require the use of additional water;

f. The extent to which irrigation or watering of landscaping has been made
necessary by compliance with fuel load modification programs; and

g. The extent to which the customer needs to use water to mitigate any emergency

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City of Newport Beach, CA § 14.16.130 WATER AND SEWERS § 14.16.140

health or safety hazards.

2. Relief From Requirements Other Than Water Consumption Restrictions. In
determining whether relief should be granted from requirements other than water
consumption restrictions, the Director must find, based on the application and
supporting documentation, that:

a. The relief does not constitute a grant of special privilege inconsistent with the
limitations imposed by this chapter on other customers;

b. Because of special circumstances applicable to the customer’s property or its
use, the strict application of this chapter would have an impact on the customer
that is disproportionate to the impact on other similarly situated customers;

c. The condition or situation of the customer’s premises for which the relief is
sought is not common or general in nature;

d. The customer has achieved or will achieve the maximum feasible reduction in
water consumption, such as through the use of water-saving devices (e.g.,
efficient fixtures, controllers and droughtresistant or artificial landscaping); and

e. Authorizing such relief 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.

D. Agreement. Any grant of relief under this section shall be memorialized in a written
agreement detailing the specific areas of relief granted, the conditions thereunder, and any
other pertinent provisions, and shall be signed by the customer and the Director. During the
effectiveness of the agreement, the customer shall have no further right to seek relief
pursuant to the provisions of this section.

E. Final Decision. The Director shall notify the customer of the decision on the application for
relief by mailing a notice of the decision to the customer by means of first class, postage
prepaid, to the address specified on the application. Service shall be deemed to have been
completed at the time of deposit in the mail.

F. Appeal of Final Decision. A customer may appeal the decision of the Director by
submitting a written request within fifteen (15) days of the date of the Director’s written
decision. A written appeal request shall be submitted to the City Manager and include the
reasons for the request and signature of the customer submitting the request. The City
Manager may approve or disapprove the appeal within thirty (30) days from receipt of a
request. The City Manager shall hear the appeal and the decision of the City Manager shall
be final as to the City but subject to judicial review pursuant to California Code of Civil
Procedure Section 1094.5.

G. Willful Misrepresentation. Notwithstanding any other provision of law, no person shall
make any willful misrepresentation of a material fact with respect to any application for
relief submitted pursuant to this section.
(Ord. 2009-24 § 1 (part), 2009. Formerly 14.16.110; Ord. 2015-14 § 1 (part), 2015; Ord.
2022-13 § 1, 2022; Ord. 2023-22 § 660, 2023)

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City of Newport Beach, CA § 14.16.140 NEWPORT BEACH CODE § 14.16.150

A. Responsibility—Implementation Plan. The Director shall develop an implementation plan
to be used as a guideline for enforcing the provisions of this chapter. The implementation
plan shall provide the resources (staffing and equipment) required to ensure the fair and
timely execution of these requirements, as well as a detailed execution strategy. In addition,
the implementation plan shall ensure, so far as is reasonable under the circumstances, that
persons are notified of violations and are provided an opportunity to cure the violation prior
to being cited.

B. Additional Enforcement Options. In addition to the fines and penalties provided for in
Chapters 1.04 and 1.05, the City may impose the following requirements on a customer in
the event of a continuing or willful violation:

1. Water Flow Restrictors. The City may install a water flow restrictor of approximately
one gallon per minute for services up to one and one-half inches in size and
comparatively sized restrictors for larger services. Prior to doing so, the City shall
first provide a minimum of forty-eight (48) hours’ notice of its intent to install a water
flow restrictor. In the event that a customer refuses to permit the installation of a water
flow restrictor following the City’s election to do so, the City may terminate the
customer’s water service.

2. Termination of Service. The City may disconnect a customer’s water service for
willful violations of mandatory restrictions in this chapter.
(Ord. 2009-24 § 1 (part), 2009. Formerly 14.16.120; Ord. 2015-14 § 1 (part), 2015; Ord.
2022-13 § 1, 2022; Ord. 2023-22 § 661, 2023)

If the Governor of the State of California proclaims a state of emergency and thereby issues orders or other general laws that mandate adoption of regulations by the State Water Resources Control Board and/or water conservation efforts by persons, it is a violation of this section for any person to violate any such emergency order or general law lawfully adopted by the State of California. (Ord. 2015-14 § 1 (part), 2015. Formerly 14.16.130; Ord. 2022-13 § 1, 2022)

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City of Newport Beach, CA § 14.17.005 WATER AND SEWERS § 14.17.010