Redding Municipal Code Ch. 14.09 Water Shortage Contingency Plan

Footnotes:

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Editor's note— Ord. No. 2523, § 2, adopted Apr. 7, 2015, repealed the former Ch. 14.09, §§ 14.09.010—14.09.070, and enacted a new Ch. 14.09 as set out herein. The former Ch. 14.09 pertained to drought management plan and derived from Ord. 1957, § 1, adopted 1991; Ord. 2374, § 14, adopted 2006; and Ord. No. 2510, §§ 2, 3, adopted Aug. 5, 2014.

In order to conserve the available water supply and protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the City of Redding hereby adopts the following regulations and restrictions on the delivery and consumption of water.

Water uses regulated or prohibited under this water shortage contingency plan (the plan) are considered to be non-essential and continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute a waste of water which subjects the offender(s) to penalties as set forth in this chapter.

(Ord. No. 2523, § 2, 4-7-2015)

The provisions of this Plan shall apply to all persons, customers, and property utilizing water provided within the City of Redding's water service area. The terms "person" and "customer" as used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities.

(Ord. No. 2523, § 2, 4-7-2015)

For the purposes of this plan, the following definitions shall apply:

"Automatic irrigation system:" any system of one or more devices controlled by any means other than a manually operated, momentary action, valve or switch, which emits water into the air more than one inch from the discharge port of the device(s). For the purposes of this chapter, momentary action shall mean a device that permits the flow of water only so long as a person manually holds the valve or switch in the open or on position.

"City manager:" the head of the administrative branch of the city government with all the duties and responsibilities set forth in Chapter 2.08 of this Code. As it applies to this chapter, city manager may delegate his/her authority.

"Conservation:" those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses.

"Customer:" any person, company, or organization using water supplied by the City of Redding.

"Domestic water use:" water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution.

"Drip irrigation system:" a permanently installed automatic watering system which applies water directly to or under the surface of the soil or, porous (soaker) hoses fitted with both a pressure reducing device set at ten psi maximum and an accurate pressure monitoring gauge. In no case shall any such system emit water more than one inch into the air from any discharge port or orifice.

"Landscape irrigation use:" water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, and rights-of-way and medians.

"Non-essential water use:" water uses that are not essential, nor required for the protection of public, health, safety, and welfare, including:

(a) Irrigation of landscape areas, including parks, athletic fields, and golf courses, except otherwise provided under this Plan;

(b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle;

(c) Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas;

(d) Use of water to wash down buildings or structures for purposes other than immediate fire protection;

(e) Flushing gutters or permitting water to run or accumulate in any gutter or street;

(f) Use of water to fill, refill, or add to any indoor or outdoor swimming pools or jacuzzi-type pools;

(g) Use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life;

(h) Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and

(i) Use of water from hydrants for construction purposes or any other purposes other than fire fighting.

"Normal year safe operating capacity:" the maximum amount of potable water which, expressed in millions of gallons per day (mgd), the city is safely capable of delivering to the city's water distribution system at any given time from:

1. The total available from the city's water treatment plants;

2. The total available from the city's groundwater wells; and

3. Total available from other potable water sources that may be added in the future or, due to regulatory changes that increase or decrease water availability, from existing facilities/sources.

"Normal year supply:" water source allocation has not been reduced or negatively impacted.

"Seven-day running average water demand:" the daily average of the amount of water pumped to the City's water distribution system from all available sources for the period beginning at 12:00 a.m. on the seventh calendar day prior to the date the calculation is made and ending at 12:00 a.m. on the date the calculation is made.

"State Water Resources Control Board:" the agency designated by the Legislature of the State of California to regulate and manage surface water diversions and water rights within the state. The State Water Resources Control Board may have the authority to reduce or suspend water diversion rights under certain conditions.

"Vehicle wash facility:" a business that washes vehicles with water or a water-based product, including self-service car washes, full-service car washes, roll-over/in-bay style car washes, and fleet maintenance wash facilities.

"Waste:" causing or permitting a flow of water from a city water main or service line, to run into any river, creek or other natural watercourse or drain, superficial or underground channel, or into any sanitary or storm sewer, any street, road or highway, or upon the lands of another person or upon public lands except as necessary for the proper operation of any public water supply system.

(Ord. No. 2523, § 2, 4-7-2015; Ord. No. 2639, § 1, 7-20-2021)

The city has developed a six stage contingency plan to reduce demand up to fifty percent during a severe or extended water shortage event or State mandated conservation effort involving both voluntary and mandatory stages. The City Manager shall monitor water supply and/or demand conditions on a continuous basis and shall determine when conditions warrant initiation or termination of Stages 2 through 6 of the plan. The Water Shortage Contingency Plan is based on available water supply compared to normal year water supply and will be used to consider if water shortage event restrictions shall be implemented. Other circumstances may also be considered, including but not limited to the time of year, weather forecasts, temperature, past experience and economic feasibility, the volume of water available through allocations, volume available from groundwater wells, and quality of the water produced from each source. Public notification of the initiation or termination of conservation response stages 2 through 6 shall be by means of publication in a newspaper of general circulation, radio and television announcements, web site announcements, and signs posted in public places, along with warnings of violations posted on private property.

The Stages 2 through 6 criteria described below are based on running average of the seven-day water demand expressed as a percentage of the water system safe operating capacity and/or enforcing mandatory water use restrictions imposed by the State of California. Stage 1 Conservation Measures are in effect regardless of any calculation of supply or demand.

The city manager can declare a water supply emergency exists based on:

1. Major water line breaks, or pump or system failures occur, which cause unexpected loss of capability to provide water service; or

2. Surface water supply curtailments imposed by the regulatory authority; or

3. Natural or man-made contamination of the water supply source(s); or

4. Consumer demand for water reaches a defined percentage of the system's safe operating capacity.

A. Stage 1 - Year Round Water Conservation Measures (Voluntary Water Conservation Practices and Best Management Practices)

Established Stage 1 year-round water conservation measures are those common sense practices designed to prevent waste of the finite water resources available to the City of Redding water service area. Such measures, as provided in Section 14.09.050(A), are in effect year-round and are independent of any calculation of the system's safe operating capacity, shortage, or abundance of supply. The voluntary elimination of water wasteful acts is considered to be the most basic, common sense approach to reducing waste of water resources. Residents of the City of Redding are asked to always be mindful of the value of all natural resources.

B. Stage 2 - Moderate Water Shortage Conditions

Requirements for initiation - The City Manager shall initiate Stage 2, and customers shall be required to comply with the requirements and restrictions on certain non-essential water uses provided in Section 14.09.050(B) in response to the imposition of mandatory water use restrictions between ten percent and twenty percent imposed by the State of California, or where a water supply emergency is declared and the city manager determines that this stage is appropriate to address the emergency.

Requirements for termination Stage 2 shall terminate at 12:01 a.m. on the day following the notice of the declaration by the City Manager that the conditions triggering Stage 2 have ceased to exist for a period of fourteen consecutive days. Such declaration may be made prior to the expiration of the fourteen-day period if, in the discretion of the city manager extraordinary circumstances exist, such as the occurrence of significant and/or a prolonged period of precipitation. Upon the termination of Stage 2, Stage 1 shall go into effect.

C. Stage 3-Medium Water Shortage Conditions

Requirements for initiation - The city manager shall initiate Stage 3, and customers shall be required to comply with the requirements and restrictions on certain non-essential water uses provided in Section 14.09.050(C) when the seven-day running average daily water demand exceeds eighty percent of the safe operating capacity for a period of seven consecutive days; or in response to the imposition of mandatory water use restrictions between twenty percent and thirty percent imposed by the State of California, or where a water supply emergency is declared and the city manager determines that this stage is appropriate to address the emergency.

Requirements for termination Stage 3 shall terminate at 12:01 a.m. on the day following the notice of the declaration by the city manager that the conditions triggering Stage 3 have ceased to exist for a period of fourteen consecutive days. Such declaration may be made prior to the expiration of the fourteen-day period if, in the discretion of the city manager, extraordinary circumstances exist, such as the occurrence of significant and/or a prolonged period of precipitation. Upon the termination of Stage 3, the city manager, based upon the existing conditions, has the discretion to determine which appropriate stage to initiate and the water conservation measures set forth in that stage, shall become effective.

D. Stage 4 - Severe Water Shortage Conditions

Requirements for initiation - The city manager shall initiate Stage 4, and customers shall be required to comply with the requirements and restrictions on certain non-essential water uses provided in Section 14.09.050(D) when the City Manager determines that the seven-day running average water demand exceeds eighty-five percent of the safe operating capacity; for a period of seven consecutive days; or in response to the imposition of mandatory water use restrictions between thirty percent and forty percent imposed by the State of California; or where a water supply emergency is declared and the City Manager determines that this stage is appropriate to address the emergency.

Requirements for termination Stage 4 shall terminate at 12:01 a.m. on the day following the notice of the declaration by the city manager that the conditions triggering Stage 4 have ceased to exist for a period of fourteen consecutive days. Such declaration may be made prior to the expiration of the fourteen day period if, in the discretion of the city manager, extraordinary circumstances exist, such as the occurrence of significant and/or a prolonged period of precipitation. Upon the termination of Stage 4, the city manager, based upon the existing conditions, has the discretion to determine which appropriate stage to initiate and the water conservation measures set forth in that stage shall become effective.

E. Stage 5 - Critical Water Shortage Conditions

Requirements for initiation - The city manager shall initiate Stage 5, and customers shall be required to comply with the requirements and restrictions on certain non-essential water uses provided in Section 14.09.050(E) when the seven-day running average water demand exceeds ninety percent of the safe operating capacity for a period of seven consecutive days; or in response to the imposition of mandatory water use restrictions between forty percent and fifty percent imposed by the State of California; or where a water supply emergency is declared and the city manager determines that this stage is appropriate to address the emergency.

Requirements for termination Stage 5 shall terminate at 12:01 a.m. on the day following the notice of the declaration by the city manager that the conditions triggering Stage 5 have ceased to exist for a period of three consecutive days. Such declaration may be made prior to the expiration of the three day period if, in the discretion of the city manager, extraordinary circumstances exist, such as the occurrence of significant and/or a prolonged period of precipitation. Upon the termination of Stage 5, the city manager, based upon the existing conditions, has the discretion to determine which appropriate stage to initiate and the water conservation measures set forth in that stage shall become effective.

F. Stage 6 - Emergency Water Shortage Conditions

Requirements for initiation - The city manager shall initiate Stage 6, and customers shall be required to comply with the requirements and restrictions on certain non-essential water uses provided in Section 14.09.050(F) when the seven-day running average water demand exceeds ninety-five percent of the safe operating capacity for a period of seven consecutive days; or in response to the imposition of mandatory water use restrictions of fifty percent imposed by the State of California; or where a water supply emergency is declared and the city manager determines that this stage is appropriate to address the emergency.

Requirements for termination Stage 6 shall terminate at 12:01 a.m. on the day following the notice of the declaration by the city manager that the conditions triggering Stage 6 have ceased to exist for a period of 3 consecutive days. Such declaration may be made prior to the expiration of the 3-day period if, in the discretion of the city manager, extraordinary circumstances exist, such as the occurrence of significant and/or a prolonged period of precipitation. Upon the termination of Stage 6, the city manager, based upon the existing conditions, has the discretion to determine which appropriate stage to initiate and the water conservation measures set forth in that stage shall become effective.

(Ord. No. 2523, § 2, 4-7-2015; Ord. No. 2639, § 2, 7-20-2021)

The city manager shall monitor Stage 1 conservation and water supply and/or demand conditions on a daily basis and, in accordance with the triggering criteria set forth in Section 14.09.040 shall determine that a water shortage condition exists and shall implement the following actions upon publication of notice in a newspaper of general circulation:

A. Stage 1 - Year-round Water Conservation Measures (Voluntary Conservation Practices and Best Practices)

Goal: Eliminate wasteful practices in order to help preserve and protect our finite water resources. Widespread adherence to common sense voluntary conservation practices will eliminate or delay the requirement to initiate mandatory restrictions required under stages 2-6 of this plan.

1. Voluntary Landscape Watering Conservation Practices:

A. Landscape watering with hose-end sprinklers or automatic irrigation systems is strongly discouraged at all times except on the following days between the hours of midnight and 7:00 a.m. and again on the same day between the hours of the hours of 9:00 p.m. until midnight.

a. Customers whose street addresses end with an odd number should water only on Wednesday, Friday, and Sunday and only within the designated time period.

b. Customers whose street addresses end with an even number should water only on Tuesday, Thursday, and Saturday and only within the designated time period.

2. Best Management Practices:

Customers within the water service area should engage in the following best management practices:

a. Potable water should be applied to outdoor landscapes in a manner that does not cause runoff such that water flows onto adjacent property, non-irrigated areas, private and public sidewalks, roadways, parking lots or structures.

b. Customer should not use a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use.

c. Potable water should not be applied to driveways and sidewalks for routine cleaning or debris removal. The use of a pressure washer to clean hard surfaces including driveway, sidewalks, and outdoor dining areas is permissible when such action is necessary to protect the public health and safety.

d. Potable water should not be used in a fountain or other decorative water feature, except where the water is part of a recirculating system.

e. Customers should not apply potable water to outdoor landscapes during and up to 48 hours after measurable rainfall.

f. The serving of drinking water other than upon request in eating or drinking establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served is prohibited.

g. To promote water conservation, operators of hotels and motels should provide guests with the option of choosing not to have towels and linens laundered daily. The hotel or motel should prominently display notice of this option in each bathroom using clear and easily understood language.

3. Public Facilities: Water service to landscape maintenance districts, parks, cemeteries, and other public facilities are encouraged to comply with the restrictions set forth in the Section.

4. Construction Projects: Water service for construction projects are encouraged to implement common sense water conservation practices.

B. Stage 2 - Moderate Water Shortage Conditions

Goal: Achieve a reduction in total daily water demand or in response to the imposition of mandatory water use restrictions between ten percent and twenty percent imposed by the State of California. All Stage 1 voluntary best management practices set forth in Section 14.09.050(A)(2) are mandatory in Stage 2, plus the following:

1. Landscape watering by any means including automatic irrigation systems, hose-end sprinklers, drip irrigation, hand-held hose, or bucket is prohibited except on the following days between the hours of midnight and 7:00 a.m. and again on the same day between the hours of the hours of 9:00 p.m. until midnight.

a. Customers whose street addresses end with an odd number may water only on Wednesday, Friday, and Sunday and only within the permitted time period.

b. Customers whose street addresses end with an even number may water only on Tuesday, Thursday, and Saturday and only within the permitted time period.

2. Public Facilities: Water service to landscape maintenance districts, parks, cemeteries, and other public facilities shall comply with the restrictions set forth in Section 14.09.050(A)(1).

3. Construction Projects: Water service for construction projects shall be addressed on a case-by-case basis.

4. Penalty: Any customer in violation of Stage 2 requirements shall be first notified of the regulations and warned of the penalty associated with continued violation. If the violation is not timely corrected, any continued violation of mandatory Stage 2 requirements after notice and warning is provided shall be punishable by an administrative fine of fifty dollars per day or per occurrence.

C. Stage 3 - Medium Water Shortage Conditions

Goal: Achieve a reduction such that the seven-day running average daily water demand is less than eighty percent of the safe operating capacity for a period of seven consecutive days; or in response to the imposition of mandatory water use restrictions between twenty percent and thirty imposed by the State of California.

All Stage 2 requirements apply plus the following:

Water Restrictions: Watering shall be kept to a maximum of thirty hours per week when utilizing a sprinkler system and eighteen hours a week when utilizing drip and/or hand watering.

Enhanced Penalty: Any customer in violation of Stage 3 requirements shall be first notified of the regulations and warned of the penalty associated with continued violation. If the violation is not timely corrected, any continued violation of mandatory Stage 3 requirements after notice and warning is provided shall be punishable by an administrative fine of two hundred dollars per day or per occurrence.

D. Stage 4 - Severe Water Shortage Conditions

Goal: Achieve a reduction such that the seven-day running average daily water demand is less than eighty-five percent of the safe operating capacity for a period of seven consecutive days; or in response to the imposition of mandatory water use restrictions between thirty percent and forty percent imposed by the State of California.

All Stage 3 requirements apply, plus the following:

(1) Watering shall be kept to a maximum of eighteen hours per week when utilizing a sprinkler system and eighteen hours a week when utilizing drip and/or hand watering.

(2) The following uses of water are prohibited:

a. Operation of any ornamental fountain, pond or other ornamental water feature for aesthetic purposes except where necessary to support aquatic life.

b. Washing down buildings or structures for purposes other than immediate fire protection.

(3) Vehicle washing at a commercial vehicle wash facility is prohibited at all times except between the hours of 7:00 a.m. and 7:00 p.m. A person owning or operating a vehicle wash facility shall take affirmative action to prevent use of the vehicle wash facility during the prohibited hours specified herein. Such actions shall include posting a sign indicating that the vehicle wash facility is closed and preventing vehicular access onto the property or into the washing bays. In addition, the owner/operator may also choose to disable the washing mechanisms so as to prevent operation.

(4) Enhanced Penalty: Any customer in violation of Stage 4 requirements shall be first notified of the regulations and warned of the penalty associated with continued violation. If the violation is not timely corrected, any continued violation of mandatory Stage 4 requirements after notice and warning is provided shall be punishable by an administrative fine of $400.00 per day or per occurrence.

E. Stage 5 - Critical Water Shortage Conditions

Goal: Achieve a reduction such that the seven-day running average daily water demand is less than ninety percent of the safe operating capacity for a period of seven consecutive days; or in response to the imposition of mandatory water use restrictions between forty percent and fifty percent imposed by the State of California.

All Stage 4 requirements apply, plus the following:

(1) Use of water for dust control.

(2) Use of bulk potable water obtained from the city for construction purposes.

(3) Use of residential water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle other than by a person washing any public safety vehicle on public property.

(4) Filling, refilling, or adding water to swimming pools, wading pools, and jacuzzi-type pools, which are located outside.

(5) Using a fire hydrant pursuant to a temporary fire hydrant permit.

(6) Outdoor landscape watering, including handheld irrigation, with potable water is prohibited at all times.

(7) No permits for new, additional, or expanded water service connections, meters, or service lines shall be granted. An exception applies where the City has already issued either a final plan for a residential lot or a commercial building permit for the site or the construction project that requires the water service.

(8) Enhanced Penalty: Any customer in violation of Stage 5 requirements shall be first notified of the regulations and warned of the penalty associated with continued violation. If the violation is not timely corrected, any continued violation of mandatory Stage 5 requirements after notice and warning is provided shall be punishable by an administrative fine of five hundred dollars per day or per occurrence.

F. Stage 6 - Emergency Water Shortage Conditions

Goal: Achieve a reduction such that the seven-day running average daily demand exceeds ninety-five percent of the safe operating capacity for a period of seven consecutive days; or in response to the imposition of mandatory water use restrictions of fifty percent imposed by the State of California.

All Stage 5 requirements apply, plus the following:

(1) Vehicle washing at a commercial vehicle wash facility is prohibited at all times.

(2) Enhanced Penalty: Any customer in violation of Stage 6 requirements shall be first notified of the regulations and warned of the penalty associated with continued violation. If the violation is not timely corrected, any continued violation of mandatory Stage 6 requirements after notice and warning is provided shall be punishable by an administrative fine of one thousand dollars per day or per occurrence.

(Ord. No. 2523, § 2, 4-7-2015; Ord. No. 2639, § 1, 7-20-2021)

Any violation of this chapter shall be enforced utilizing administrative processes and remedies set forth in Chapter 1.13, Chapter 1.14, or Chapter 1.15 of this Code.

(Ord. No. 2523, § 2, 4-7-2015)

The city manager may, in writing, grant temporary variance for existing water uses otherwise prohibited under this plan.

A. A person requesting a variance from the provisions of this article must file a request with the city manager. Each request shall include the following information in writing:

(1) Name and address of the applicant(s);

(2) A full description of the proposed water use, including, but not limited to:

a. The daily amount of the proposed use;

b. The hours of the proposed use;

(3) A reference to the specific provision(s) of this article from which the applicant is requesting relief;

(4) A detailed statement as to how the specific provision of the article adversely affects the applicant and/or what damage or harm will occur to the applicant or others if applicant complies with this article;

(5) A description of the relief requested;

(6) The period of time for which the variance is sought;

(7) Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this article and the compliance date; and

(8) Any additional information that the city manager deems relevant and necessary in making a determination regarding the request.

B. The city manager shall grant or deny the request for variance not later than 5:00 p.m. on the third city business day following delivery of the request to the city manager.

A variance granted by the city manager shall contain the following provisions:

(1) A description of the allowable water uses granted by the variance;

(2) A description of any conditions imposed which must be satisfied in order to maintain the variance in effect;

(3) A timetable for compliance with any conditions set forth in the variance; and

(4) Such other provisions as the city manager determines to be reasonable and necessary.

Variances granted shall expire upon the earlier of:

(1) The date the water conservation measure from which the variance was granted is no longer in effect;

(2) The date the city manager determines that the applicant has failed to comply with any deadline imposed with respect to compliance with the conditions set forth in the variance; or

(3) The date the city manager specifically sets forth for termination of the variance.

Variance not a defense. The granting of a variance shall not be a defense to a violation of the provisions of this chapter which occurs prior to the effective date of the variance. No variance shall be retroactive or otherwise justify any violation of this plan occurring prior to the issuance of the variance.

(Ord. No. 2523, § 2, 4-7-2015; Ord. No. 2639, § 4, 7-20-2021)