Rolling Hills Estates Municipal Code Ch. 13.04 Water Conservation and Water Shortage Management Plan

Footnotes:

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Editor's note— Ord. No. 699, § 3, adopted July 14, 2015, effectively repealed the former Ch. 13.04, §§ 13.04.010—13.04.130, and Exh. A to said ordinance enacted a new Ch. 13.04 as set out herein. The former Ch. 13.04 pertained to similar subject matter and derived from Ord. No. 650, § 1, adopted Feb. 24, 2009. See also the Code Comparative Table.

This chapter is known as the City of Rolling Hills Estates Water Conservation and Water Shortage Management Plan.

(Ord. No. 699, § 3(Exh. A), 7-14-2015)

The city declares that because of frequent water shortage conditions prevailing in the city and in the areas of this state and elsewhere from which the city obtains its water supplies, the general welfare requires that the water resources available to the city's water customers be put to the maximum beneficial use, and that the waste or unreasonable use or unreasonable method of use of water be prevented, and the conservation of such water is to be exercised with a view towards reasonable and beneficial uses that are in the best interests of the city's residents, businesses and visitors.

(Ord. No. 699, § 3(Exh. A), 7-14-2015)

The purpose of this chapter is to enhance water conservation planning, maximize the use of recycled water and provide a water shortage management plan that maximizes the efficient use of potable and recycled water to minimize the effects of a shortage of water within the city and reduce the consumption of water provided by the city's water retailer, California Water Service Company, thereby extending available water supplies, while reducing the hardships on the city and the general public to the greatest extent possible.

(Ord. No. 699, § 3(Exh. A), 7-14-2015)

A. This chapter establishes regulations related to water use efficiency to be implemented during times of declared water shortages or declared water shortage emergencies. The chapter provides four levels of water shortage response actions to be implemented in times of shortage, with increasing restrictions on water use in response to worsening water shortage conditions and decreasing available supplies.

B. The provisions of this chapter apply to any person or business in the use of any water provided by the city's water retailer.

C. This chapter is intended solely to further the conservation of water. It is not intended to implement any provision of federal, state, or local statutes, ordinances or regulations relating to protection of water quality or control of drainage or runoff.

D. Nothing in this chapter applies to the use of water that is subject to a special supply program, if applicable.

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

(Ord. No. 699, § 3(Exh. A), 7-14-2015)

The following water conservation measures are in effect at all times:

A. Excessive Water Flow or Runoff. Watering in a manner that results in overspray or excessive runoff onto paved or hardscaped areas is prohibited.

B. Water Fountains and Decorative Water Features. Water fountains and decorative water features must have a water recirculation system.

C. No Watering After Measurable Rainfall. Watering any lawn or landscape area at any time within forty-eight hours after a measurable rainfall is prohibited. For the purposes of this regulation, a "measurable rainfall" means at least .25 inches of rainfall over a twenty-four-hour period based on the rainfall precipitation map maintained by the Los County Department of Public Works, Water Resource Division, for the monitoring location listed as "Rolling Hills" or, if such station is eliminated, then the monitoring station closest to the city's boundary will be used. These measurements can be accessed at the following website: http://www.ladpw.org/wrd/storms/index.cfm.

D. Repair of Leaks. No person may permit or cause to permit the excess use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered or corrected. All leaks must be repaired upon discovery, but no later than within seventy-two hours of notification by the city or the city's water retailer unless other arrangements are made with the city or the city's water retailer.

E. Washing Vehicles. Washing any automobile, truck, van, bus, motorcycle, boat or any other vehicle is restricted to the 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. This provision does not apply to a commercial car washing facility.

F. Washing Hard or Paved Surfaces. Washing of hard or paved surfaces, including sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards or as surface preparation for the application of any architectural coating or painting. All such permitted washing must be done by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off device, a low-volume, high-pressure cleaning machine, or a low-volume high-pressure waterbroom.

(Ord. No. 699, § 3(Exh. A), 7-14-2015)

In addition to all permanent measures, the following additional water conservation measures apply during a declared level 1 condition:

A. Drinking Water Served on Request. All eating and drinking establishments of any kind, including any restaurant, hotel, cafe, cafeteria, bar or club, whether public or private, may only provide drinking water to any person upon an express request.

B. Restaurants Required to Use Water Conserving Technology. All eating and drinking establishments that require washing or cleaning of kitchen or dining room area flooring must do so using a hand-held bucket or similar container, a mop using bucket or similar container, or "waterbroom" technologies. Such establishments must also utilize water conserving nozzles on pre-rinse spray valves.

C. Commercial Lodging Establishment Linen Service. All hotels, motels, or bed and breakfasts must provide customers with an option of choosing to have towels and linens laundered daily. The establishment must prominently display notice of this option in each bathroom and sleeping room using clear and easily understood language.

D. Commercial Car Wash Businesses. On or after January 1, 2012, all "conveyor" style car wash systems must have and maintain water recycling systems.

(Ord. No. 699, § 3(Exh. A), 7-14-2015)

In addition to all permanent measures and all measures listed under response level 1, the following additional water conservation measures apply during a declared level 2 condition:

A. Watering Limited to Three Days a Week. Residential and commercial landscape irrigation is limited to no more than three assigned days per week based on a schedule established by the city's water retailer. This section does not apply to commercial growers or nurseries.

(Ord. No. 699, § 3(Exh. A), 7-14-2015)

In addition to all permanent measures and all measures listed under response levels 1 and 2, the following additional water conservation measures apply during a declared level 3 condition:

A. Watering Limited to Two Days a Week. Residential and commercial landscape irrigation is limited to no more than two assigned days per week on a schedule established by the city's water retailer. This section does not apply to commercial growers or nurseries.

B. Filling or Refilling Ornamental Lakes or Ponds. The filling or refilling or of ornamental lakes or ponds is prohibited except to the extent needed to sustain aquatic life, provided that such animals are of significant value and have been actively managed within the water feature prior to declaration of a water shortage response level under this chapter. The city may also implement a moratorium on building permits issued for such ornamental lakes or ponds.

C. Washing Vehicles. The washing of vehicles is prohibited except at commercial car washes.

D. Repair of Water Leaks. All water leaks must be repaired upon discovery, but no later than within forty-eight hours of notification by the city or the city's water retailer unless other arrangements are made with the city or the water retailer.

E. Use of Water for Construction Purposes. The use of potable water for construction purposes, such as consolidation of backfill, dust control, or other uses is prohibited unless the city is provided with substantial evidence that no other source of water or other method can be used.

F. Filling or Refilling of Pools. The refilling and initial filling of single-family residential swimming pools or outdoor spas with potable water is prohibited.

(Ord. No. 699, § 3(Exh. A), 7-14-2015)

In addition to all permanent measures and all measures listed under response levels 1, 2 and 3, the following additional water conservation measures apply during a declared level 4 condition:

A. Landscape Irrigation. Landscape irrigation is prohibited, except crops and landscape products of commercial growers and nurseries. If the city determines that recycled water is available, it may be applied for the following uses:

1. Maintenance of trees and shrubs that are watered by using a bucket, hand-held hose with a positive shut-off nozzle, or low-volume non-spray irrigation.

2. 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.

3. Maintenance of existing landscaping for erosion control.

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

5. 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 days per week.

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

B. Leaks. All water leaks must be repaired within twenty-four hours of detection or notification by the city or the city's water retailer unless other arrangements are made with the city or the water retailer.

C. No New Potable Water Service. No new potable water service will be provided, no new temporary meters or permanent meters will 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) will be issued, except under any of the following circumstances:

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

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

3. 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 to the satisfaction of city.

This provision will 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. Limits on Building Permits. The city will withhold the issuance of any new building permit that requires new or expanded water service, except to protect the public health, safety and welfare, or in situations that satisfy the city's adopted water conservation offset requirements.

E. No New Annexations. The city will suspend consideration of annexations to its service area. This provision does not apply to boundary corrections and annexations that will not result in any increased use of water.

(Ord. No. 699, § 3(Exh. A), 7-14-2015)

A. The existence of water shortage response level 1, level 2, level 3 or level 4 condition may be declared by resolution of the city council adopted at a regular or special public meeting held in accordance with state law and with consultation from the city's water retailer and wholesaler. The mandatory conservation measures applicable to water shortage response level 1, level 2, level 3 or level 4 conditions will take effect on the tenth day after the date the response level is declared. The city will publish a copy of the resolution in a newspaper used for publication of official notices.

B. The city may declare an end to a water shortage response level by the adoption of a city council resolution at any regular or special meeting held in accordance with state law.

(Ord. No. 699, § 3(Exh. A), 7-14-2015)

A. If, due to unique circumstances, a specific requirement of this chapter would result in undue hardship to a person using water or to property upon which water is used that is disproportionate to the impacts to water users generally or to similar property or classes of water uses, then the person may apply for an exemption to the requirements of this chapter.

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

1. Application. An application for an exemption must be in a form prescribed by the city and must be accompanied by a nonrefundable processing fee in an amount set by city council resolution.

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

3. Required Findings for Exemption. An application for an exemption will be denied unless the approving 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 the city's water retailer, all of the following:

(a) That the exemption 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 chapter would have a disproportionate impact on the property or use that exceeds the impacts to residents and businesses generally;

(c) That the authorizing of an exemption 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 exemption is sought is not common, recurrent or general in nature.

4. Approval Authority. The city manager or designee may exercise approval authority and act upon any completed application for an exemption no later than ten days after submittal and may approve, conditionally approve, or deny the exemption request. The applicant requesting the exemption will be promptly notified in writing of any action taken. Unless specified otherwise at the time an exemption is approved, the exemption applies to the subject property during the term of the applicable mandatory water shortage response declaration.

5. Appeals to City Council. An applicant for an exemption may appeal a decision or condition of the city on an application to the city council within ten days of the decision upon written request for a hearing. The request must state the grounds for the appeal. At a public meeting, the city council will act as the approval authority and review the appeal de novo by following the procedure utilized for applications for variances. The decision of the city council is final.

(Ord. No. 699, § 3(Exh. A), 7-14-2015)

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

1. The first violation of any provision of this chapter will constitute an infraction whereby a written warning will be issued to the party or parties that committed the infraction.

2. The second violation of any provision of this chapter will constitute an infraction punishable by a fine not to exceed one hundred dollars. Each day that a violation occurs will constitute a separate offense.

(Ord. No. 699, § 3(Exh. A), 7-14-2015)