HomeMy WebLinkAboutORD 16-21 ADOPTING NEW CHAPTER 7.02 FOR WATER SHORTAGE CONTINGENCY RESPONSEORDINANCE N0. 16-21
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE DELETING CHAPTER 7.02 OF
THE ORANGE MUNICIPAL CODE (THE WATER
CONSERVATION AND WATER SUPPLY
SHORTAGE PROGRAM) AND ADOPTING NEW
CHAPTER 7.02 (THE WATER SHORTAGE
CONTINGENCY RESPONSE ORDINANCE)
WHEREAS, a reliable minimum supply of potable water is essential to the public health,
safety and welfare of the people and economy of the southern California region; and
WHEREAS, California, including Orange County;- experienced significant dry year
conditions in 2012-2017, which led local water agencies to declare water shortage conditions that
triggered drought actions; and
WHEREAS,following the end of the drought,the California Legislature modified the.Urban . ,
Water Management. Planning Act in 2018 to include additional water shortage planning
requirements.The California Water Code has significant updates,specifically to Water Code Section
10632, that now mandate new elements to Urban Water Management and Water Shortage
Contingency Plans, including an annual drought risk assessment, State Water Shortage Levels and
statewide water use prohibitions; and
WHEREAS, the Municipal Water District of Orange County ("MWDOC") has adopted a
2020 Urban Water Management Plan that includes water conservation as a necessary and effective
component of the MWDOC programs to provide a reliable supply of water to meet the needs of
MWDOC's 28 member agencies,including the City of Orange("City").The MWDOC Urban Water
Management Plan also includes a chapter contingency analysis of actions to be taken in response to
water supply shortages. This Ordinance is consistent with the MWDOC Urban Water Management
Plan and Water Shortage Contingency Plan; and
WHEREAS, the imported water supplies in the City and at MWDOC are subject to the
Water Shortage Allocations determined by the Metropolitan Water District of Southern California
Metropolitan"). Subsequently, when triggered, MWDOC as a wholesaler of Metropolitan's
supplies will be required to curtail deliveries of imported water based on the MWDOC Water
Shortage Allocation Plan, which from time to time in the future is expected to be activated when in
a state of shortage; and
WHEREAS,beginning July 1 2021,both MWDOC and the City are required to prepare an
Annual Water Supply and Demand Assessment and Drought Risk Assessment as part of their Urban
Water Management Plan for submission to the California Department of Water Resources.Annually,
by July 1 st of each year, beginning the year following the adoption of the 2020 UWMP, MWDOC
and the City are required to monitor, report and if declared a drought emergency, then notify the
Department of Water Resources, in order to comply with Water Code Section 10632.1 reporting
requirements; and
WHEREAS,the City has adopted a Water Shortage Contingency Plan to establish standards
and procedures to enable implementation and enforcement of local water shortage contingency .
measures. These measures align with the Water Code Section 353, which specifies that "when the
governing body has so determined and declared the existence of an emergency condition of water
shortage within its service area, it shall thereupon adopt such regulations and restrictions on the
delivery of water and the consumption within said area of water supplied for public use as will in the
sound discretion of such governing body conserve the water supply for the greatest public benefit
with particular regard to domestic use, sanitation, and f re protection;" and
WHEREAS, Water Code Section 375 also requires the City to adopt a water conservation
program to reduce the quantity of water used by those persons within the City's jurisdiction for the
purpose of conserving the water supplies of the City; and
WHEREAS, the adoption and enforcement of a Water Shortage. Contingency Plan is
necessaxy to manage the City's potable water supply in the short and long-term to avoid or minimize
the effects of drought and shortage within the City. Such program is essential to ensure a reliable
and sustainable minimum supply of water for the public health, safety and welfare.
NOW, TI3EREFORE, the City Council of the City of Orange does ordain as follows:
SECTION I:
The recitals stated above are true and correct, incorporated herein, and form the basis for the.
adoption of tfiis Ordinance.
SECTION II:
The City Council determines that the adoption of this Ordinance is categorically exempt from
environmental review under the California Environmental Quality Act ("CEQA") pursuant to Title
14,.Section 15307 of the California Code of Regulations,because it is an action taken by the City as
authorized by state law,to assure the maintenance,restoration or enhancement of a natural resource,
namely water, where the regulatory process involves procedures for protection of the environment.
SECTION III:
Chapter 7.02 of the Orange Municipal Code,"Environment—Water Conservation and Water
Supply Shortage,"is hereby repealed.
SECTION IV:
New Chapter 7.02 of the Orange Municipal Code, "Environment — Water Shortage
Contingency Response,"is hereby added to read as follows:
7.02.010 Title.
This chapter will be known as the City of Orange Water Shortage Contingency Response
Ordinance and is enacted under the authority of California Water Code Sections 10630 et seq.
7.02.020 Declaration of Intent and Pur.pose.
A. The general welfare of the residents of Orange requires that the water available to the
city be utilized in a manner which maximizes beneficial use and that the waste and unreasonable use.
of water be prevented. The intent of this chapter is to reduce water consumption within the city
through conservation and effective water supply planning, assure the reasonable and beneficial use
of water, prevent waste of water, and maximize the efficient use of water within the city to avoid
and minimize the effect and hardship of water shortage to the greatest extent possible.
B. This chapter:
1) Establishes permanent water conservation requirements;
2) Establishes six levels of water supply shortage response actions to be
implemented during times of declared water shortage or declared water shortage emergency; and
3) Establishes regulations to be implemented during times of declared water
shortages or declared water shortage emergencies, with increasing restrictions ori .water use in
response to worsening drought or emergency conditions and decreasing supplies; and
4) Gives priority to the response protocols in an adopted Hazard Mitigation Plan
in the event of natural and human-caused disasters.
7.02.030 Defmitions.
The following words and phrases whenever used in this chapter have the meaning defined in
this section:
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.
City"means the City of Orange.
DWR"means the California Department of Water Resources.
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.
Large Landscape Areas"means a lawn, landscape, or other vegetated area, or combination
thereof, equal to more than one(1) acre of irrigable land.
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.
Potable Water"means water which is suitable for drinking.
Recycled Water"means the reclamation and reuse of non-potable water for beneficial use.
Single Pass Cooling Systems",means equipment where water is circulated only once to cool
equipment before being disposed.
WSCP"means the city's adopted Water Shortage Contingency Plan.
7.02.040 Application.
A. This chapter applies to any person in the use of any potable water provided by the
city.
B. This chapter does not apply to uses of water necessary to protect public health and
safety or for essential government services,such as police,fire and other similar emergency services.
C. This chapter does not apply to the use of water by commercial nurseries and
commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for
commercial sale.
D. This chapter is intended solely to further the conservation of water. It is not intended
to implement any provision of federal, state, or local statutes, ordinances, or regulations relating to
protection of water quality or control of drainage or runoff.Refer to the local jurisdiction or Regional
Water Quality Control Board for information on any storm water ordinances and storm water
management plans.
7.02.050 General Prohibition.
Water customers of the city shall not use, or permit the use of water in a manner contrary to.
any provision of this chapter or in an amount in excess of that amount permitted by any curtailment
provisions then in effect pursuant to action taken by the adoption of a resolution of the City Council
in accordance with the provisions of this chapter.
7.02.060 Permanent Water Conservation Requirements—Prohibition Against
Waste.
The following water conservation requirements are permanently effective upon adoption of
this chapter. Violations of this chapter will be subject to those penalties contained herein.
A. Limits of Watering Hours: Watering or irrigating of lawn, landscape or other
vegetated area with potable water is prohibited between the hours of 9:00 a.m. and 5:00 p.m. Pacific
Time on any day, except by use of a hand-held bucket or similar container, a hand-held hose
equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of
time for the express purpose of adjusting or repairing an irrigation system.
B. Limit on Watering Duration: Watering or irrigating of lawn, landscape or other
vegetated area with potable water using a landscape irrigation system or a watering device that is not
continuously attended is limited to no more than fifteen (15) minutes watering per day per station.
This subsection does not apply to landscape irrigation systems that exclusively use very low-flow
drip type irrigation systems when no emitter produces more than two (2) gallons water per hour, and
weather based controllers or stream rotor sprinklers that meet a 70 percent efficiency standard.
C. No Excessive Water Flow or Runoff: Watering or irrigating of any lawn, landscape
or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an
adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited
D. No Washing Down Hard or Paved Surfaces: Washing down hard or paved surfaces,
including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or
alleys, is prohibited 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 equipped to recycle any
water used.
E. Restrictions on Vehicle Washing: Using water to wash a vehicle (including any
automobile, truck, van, bus, motorcycle, boat, or trailer) is prohibited. This prohibition does not
apply to washing that is performed by use of a hand-held bucket or hand-held hose equipped with a
positive self-closing device or water shut-off nozzle. Additionally,this prohibition does not apply to
any commercial car washing facility.
F. Recirculating Water Required in Decorative Water Features: The use of water to
clean, fill, or maintain levels in decorative fountains, ponds, lakes, or other similar aesthetic
structures is prohibited.This prohibition does not apply if such water is part of a recirculating system.
Additionally, this prohibition does not apply to a water feature listed in the National Register of
Historic Places, where water use is deemed necessary for the integrity of the feature.
G. Restrictions on Irrigation After Rainfall: The use of water to irrigate outdoor
landscapes during ar within forty-eight(48)hours after measurable rainfall is prohibited.
H. Restrictions on Irrigation of Turf on Medians: The irrigation with potable water of
ornamental turf on public street medians is prohibited.
I.Restrictions on Irrigation of Newly Construction Building Sites: The irrigation with
potable water of landscapes outside of newly constructed homes and buildings in a manner
inconsistent with regulations or other requirements established by the California Building Standards
Commission and the Department of Housing and Community Development is prohibited.
J.No Installation of Single Pass Cooling Systems: Installation of single pass cooling
systems is prohibited in buildings requesting new water service.
K. Restrictions on Hotels, Motels and Lodging Laundry: Hotels, motels, and other
commercial lodging establishments shall provide customers the option of not having towels and linen
laundered daily. Commercial lodging establishments shall prominently display notice of this option
in each bathroom using plain language.
L. Water Conserving Dish Wash Valves Required: Food preparation establishments.
such as restaurants or cafes are prohibited from using non-water conserving dish wash pre-rinse
spray valves.
M. Restaurant Drinking Water upon Request Only: No restaurant,hotel, cafe, cafeteria,
or other public place where food is sold, served, or offered for sale shall serve drinking water to
any customer unless expressly requested.
N. No Non-recirculating Water Systems in Commercial Car Wash and Laundry
Systems: Installation of non-recirculating water systems is prohibited in new commercial conveyor
car wash and new commercial laundry systems. Existing commercial conveyor car wash systems
must have installed and operational recirculating water systems, or must have secured a waiver of
this requirement from the city.
O. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other
malfunctions in the water user's plumbing, irrigation, or distribution system shall be repaired
immediately after such escape of water should have been discovered and corrected, and in no event
more than seventy-two (72) hours after receiving a notice from the city, unless other arrangements
are made with the city.
7.02.070 Procedures. for Determination of Water Supply Shortage and Level
Implementation.
A. Under California Water Code Section 10632.1, the city is required to submit a water
shortage assessment report to the California Department of Water Resources by July 1 of each year.
B. The city will follow the written decision-making process defined in its WSCP to
assess water supply reliability on an annual basis.
C. City staff will determine if a water shortage exists based on the water shortage criteria
and stages defined in the WSCP.
D. In the event a water shortage is triggered according to the procedures and conditions
defined in the WSCP, the City Council will declare a shortage according to the defined water
shortage levels.
E. The public will be informed of the shortage according to the procedures and protocols
for.communication identified in section 7.02.080 of this chapter.
F. Sudden Catastrophic Water Supply Shortage.When the City Manager determines that
a sudden event has, or threatens to, significantly diminish the reliability or quality of the city's water
supply,the City Manager may declare a catastrophic water shortage and impose whatever emergency
water allocation or conservation actions deemed necessary, in the City Manager's professional
judgrnent,to protect the reliability and quality of the city's water supply,until the emergency passes
or the city takes other action. Such emergency action shall be ratified by the City Council at the next
scheduled City Council meeting and shall be taken in accordance with Water Code Section 350 et
seq.
G. The declaration of any particular stage of water shortage level shall remain in effect
until such time as the City Council declares the water shortage level over according to the procedures
and conditions defined in the WSCP.
H. The city shall coordinate with surrounding water suppliers and/or the County of
Orange for the possible proclamation of a local emergency, as defined in Government Gode Section
8558.
7.02.080 Procedures and Protocols for Communication.
Upon declaration of a water shortage, the city will inform all relevant stakeholders such as
customers, the public, interested parties, and local, regional and state governments, of the effective
date of the water shortage response actions associated with the relevant stage according to the
communication procedures identified in the WSCP, including:
A. Any current or predicted shortages as determined by the arinual water supply and
demand assessment.
B. Any shortage response actions triggered or anticipated to lie triggered by the annual
water supply and demand assessment.
C. Any other relevant communications.
7.02.090 Correlation Between City, Water Supply Shortage Levels and DWR
Water Supply Shortage Levels.
A. Metropolitan Water District and MWDOC Water Shortage Coritingency Plans follow
the six standard water shortage levels corresponding to progressive ranges of up to 10, 20, 30, 40.
and 50 percent shortages, and a greater-than-50-percent shortage level, as set forth in.Water Code
Section 10632(a)(3)(A).
B. The city's water shortage levels are aligned with the state Water Shortage Levels, as
also defined in the _NIWDOC WSCP, and therefore comply with Water Code Section identified
above.
7.02.100 Levels of Declared Water Supply Shortage.
A. The City Manager is authorized to require or impose reductions in the use of water if
such reductions are necessary to comply with Water Supply Shortage conditions as defined in the
WSCP.
B, The shortage response actions that align with each level of Water Supply Shortage
are defined in the WSCP and include, at a minimum, all of the following:
1) Locally appropriate supply augmentation actions.
2) Locally appropriate demand reduction actions to adequately respond to
shortages.
3) Locally appropriate operational changes.
4) Additional, mandatory prohibitions against specific water use practices that
are in addition to state- and local-mandated prohibitions and are appropriate to the local conditions.
5) For each action, an estimate of the extent to which the gap between supplies
and demand will be reduced by implementation of the action.
6) Each elevated shortage level will include the elements of the previous
shortage level(s), including the mandatory restrictions on water waste detailed in the WSCP, and
each elevated shortage level is intended to be more restrictive than the previous level(s).
7) As deemed necessary, an allocation of water supply under a water supply
emergency condition beyond WSCP-defined actions may be implemented when water supply
conditions dictate necessity.
7.02.110 Hardship Waiver.
A. Undue and Disproportionate Hardship. If, due to unique circumstances, a specific .
requirement of this chapter would result in undue hardship to a person using water or to property
upon which water is used,that is disproportionate to the impacts to water users generally or to similar
property or classes of water use,then the person may apply for a hardship waiver of the requirements,
as provided in this section.
B. A hardship waiver is automatically granted for the following uses: watering of
livestock at any time; commercial agriculture; orchards and vegetable gardens on residential zoned
properties; and other special landscape areas (SLA).
C. Application. Application for a hardship waiver shall be on a form prescribed by the
city and accompanied by a non-refundable processing fee in an amount set by City Council
resolution. The application shall be accompanied by photographs, maps, drawings, and any
additional information requested by the city, including a written statement of the applicant.
D. Written Findings. The hardship waiver may be granted or conditionally granted only
upon a written finding of the existence of facts demonstrating an undue hardship to a person using
water or to property upon which water is used, that is disproportionate to the impacts to water users
generally or to similar property or classes of water use due to specific and unique circumstances of
the user or the property. The hardship waiver will be denied unless the City Manager finds,based on
the information provided by the applicant, and on water use information for the property as shows
by the records of the city, all of the following:
1) That the hardship waiver does not constitute a grant of special privilege
inconsistent with the limitations upon other residents and businesses.
2) That because of special circumstances applicable to the property or its use,
the strict application of this chapter would have a disproportionate impact on the property of use that
exceeds the impacts to residents and businesses generally.
3) That authorizing the hardship waiver will not be of substantial detriment to
adjacent properties, and will not materially affect the ability of the city to effectuate the purpose of
this chapter and will not be detrimental to the public interest.
4) That the subject property's condition, situation, or intended use for which the
hardship waiver is sought is not common, recurrent, or general in nature.
E. The City Manager shall act upon a completed application no later than ten (10) days
after submittal and may approve, conditionally approve, or deny the hardship waiver. The applicant
shall be promptly notified in writing of any action taken. Unless specified otherwise at the time it is
approved, a hardship waiver will apply to the subject property during the period of the mandatory
water shortage condition. The decision of the City Manager will be final.
7.02.120 Violations,Enforcement and Penalties
A. It shall be unlawful for any customer of the city to fail to comply with any of the
provisions of this chapter.The penalties set forth in this section shall be in addition to those penalties
provided in any other section of this code or in state law.
B. The penalties for failure to comply with this chapter shall be as set forth below. The
penalty for a second, third, fourth,or subsequent violation within the preceding twelve(12) calendar
months shall-be applicable regardless of whether prior violations within such period involved the
same provision of this chapter.
1) First Violation.The city will issue a written warning and deliver a copy of this
chapter by mail or posting(i.e., door hanger).
2) Second Violation. A second violation within twelve (12) calendar months is
punishable by a fine not to exceed one hundred dollars ($100).
3) Third Violation. A third violation within twelve (12) calendar months is
punishable by a fine not to exceed two hundred and fifty($250).
4) Fourth and Subsequent Violations. A fourth and any subsequent violation
within twelve (12) calendax months is punishable by a fine not to exceed five hundred($500).
C. In addition to any fines, the city may take any of the following actions:
1) Install a water flow restrictor device of approximately one gallon per minute.
2) Disconnect and/or terminate a customer's water service for a willful violation
of mandatory restrictions under this chapter and the WSCP.
D. If either action set forth in section 7.02.120.0 is taken,the person or entity in violation
of this chapter will be responsible for payrnent of the city's charges for installation of the flow
restrictor and/or disconnection/reconnection service, as applicable. For disconnection/termiriation of
service, a Conservation Fee equal to the Reconnection Fee as set forth in the city's Master Schedule
of Fees will be assessed to the customer's water account. All associated fees must be paid in full
prior to service restoration. Nonpayment will be subject to the same remedies as nonpayrnent of
basic water rates.
E. Separate Offenses. Each day that a violation of this chapter occurs is a separate
offense.
F. Notice of Violation and Hearing.
1) Except for violations of this chapter subject to excessive water use penalties,
if any person fails or refuses to comply with this chapter,the City Manager or designee shall provide
that persori with written notice of the violation and an opportunity to correct the noncompliance.
2) The written Notice of Violation shall be mailed or personally delivered to the
address of the violation, to the party who is billed for the water, or to the property owner, as
appropriate, and shall:
i.Be posted or presented at the site of the noncompliance;
ii. State the time, date, and plaee of violation;
iii. State a general description of the violation;
iv. State the means to correct the violation;
v:State a date by which correction is required; and,
vi. State.the possible consequences of failing to correct the violation.
3) The Notice of Violation shall be mailed or personal delivered at least ten(10) .
days before any enforcement action.
4) A customer may appeal the Notice of Violation by filing a written notice of
appeal with the city no later than the close of business on the day before the date scheduled for
enforcement action. Any Notice of Violation not timely appealed will be final. Upon receipt of a
timely appeal, a hearing on the appeal will be scheduled and the city will mail written notice of the
hearing date to the customer at least ten(10) days before the date of the hearing.
5) Pending receipt of a written appeal or pending a hearing pursuant to an appeal,
the city may take.appropriate steps to prevent the unauthorized use of water as appropriate to the
nature and extent of the violations and the current declared water shortage level.
6) If timely requested, a hearing on the appeal shall be held before the City
Manager or designee who shall issue a final determination:
7.02.130 Procedures for Monitoring Compliance and Reporting to the State
In order to ensure compliance with state reporting requirements the city will collect, track
and analyze relevant date according to the procedures defined in the WSCP.
7.02.140 Reevaluation and Adjustment of Water Shortage Procedures
To ensure .water shortage risk tolerance is adequate and appropriate and water shortage
mitigation strategies are implemented as needed,the WSCP will be regularly reviewed and evaluated
as defined by the procedures identified in the WSCP.
7.02.150 Other Provisions.
In furtherance of the objectives of this chapter,the City may, at its discretion, elect to include
any or all of the following provisions at any or all of the water conservation stages.
A. Limits on Building Permits. The City may limit or withhold the issuance of building
permits which require new or expanded water service, except to protect the public health, safety and
welfare, or in cases that meet the city's adopted conservation offset requirements.
B. Customer Water Conservation Reports. The City may,by written request, require all
commercial,residential and industrial customers using twenty-five thousand(25,000)or more billing
units per year to submit a water conservation plan and to submit quarterly progress reports on such
plan. The conservation plan must include recommendations for increased water savings, including
increased water recycling based on feasibility, and the reports must include progress to date on
implementation of such recommendations.
C. Reporting Hotline.The city may establish a water waste hotline for residents to report
violations of this chapter.
D. As deemed necessary, an allocation of water supply under a water supply emergency
condition, beyond WSCP defined actions, may be implemented when water supply shortage
conditions merit that action.
E. The city may provide water efficiency devices either directly or through supported
programs. Such devices shall remain within the city's service area at all times. Devices provided by
the city should be used with the intent to conserve water and are not to be modified in any way or
sold.
SECTION V:
If any section, subdivision,paragraph, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional, such decision shall not affect the validity of the '
remaining portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof,
irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or
phrase had been declared invalid or unconstitutional.
SECTION VI:
The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the
same to be published as required by law. This Ordinance shall take effect thirty(30) days from and
after the date of its final passage.
ADOPTED this 9th day of November, 2021.
Mark A. Murphy, Mayor, ' y o ange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I,PAMELA COLEMAN, City Clerk of the City of Orange, California,do hereby certify that
the foregoing Ordinance was introduced at the adjourned regular meeting of the City Council held
on the 13th day of October, 2021, and thereafter at the regular meeting of said City Council duly
held on the 9th day of November., 2021 was duly passed and adopted by the following vote, to wit:
AYES: COUNCILMEMBERS: Murphy,Nichols, Monaco, Barrios, Tavoularis, Gutierrez
NOES: COUNCILMEMBERS: Dumitru
ABSENT: COiTNCILMEMBERS: None
ABSTAIN: COLTNCILMEMBERS: None
Pamela Coleman, City Clerk, City of range