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HomeMy WebLinkAbout1992-09-08 - AGENDA REPORTS - WATER CONSERVATION ORD (2)N , AGENDA REPORT City Manager Approval PUBLIC HEARING DATE: September 8, 1992 SUBJECT: Water Conservation Ordinance DEPARTMENT: Community Development BACKGROUND Item to be presented by: 1_4Lynn M. Harris For the past two years, the State of California_' has experienced a prolonged drought in which the State's water supply was reduced by 50X. The State mandated that all water agencies conserve watervand create water conservation measures. The four water purveyors which serve Santa Clarita Valley asked the City Council to create a water conservation ordinance in compliance with the State Water Code. On February 26, 1991, the City Council adopted Ordinance 91-12, amending Chapter 9.38 of the Santa Clarita Municipal Code titled "Water Conservation." Ordinance No. 91-12 established guidelines for prudent water use, as well as the formation of a drought committee. All the restrictions or prohibitions contained in the Ordinance were to be complied with immediately, until the termination date of the Ordinance; moreover, the main function of the drought committee was to create a new water conservation ordinance which would reflect the State's guidelines for water conservation. ANALYSIS The proposed Ordinance; Ordinance No. 92-12, is a product of several .public drought committee meetings. The proposed Ordinance is different from Ordinance No. 91-12 because it contains a four -stage water rationing plana The four -stage water rationing plan. is modeled after the Water Shortage Contingency Plan, as adopted by the Upper Santa Clara Water Committee and the Castaic Lake Water Agency. The level of water deficiency would determine the appropriate drought stage and its corresponding restrictions and/or prohibitions. The City Council would determine the appropriate drought stage based on recommendations from the Upper Santa Clara Water Committee. A public participation meeting was held on August 26, 1992 at City Hall regarding the proposed Ordinance. Several comments and suggestions involved changes and/or additions to the draft Ordinance. Some of the comments related to economic hardships, appropriateness of various measures and enforcement issues. In an effort to more fully address these concerns and to solicit additional information from the water agencies, staff is recommending that this item be continued to the October 13 Council meeting. Agenda Item: Continued to: 1,o —/.Y— qj ° Continue hearing to October 13, 1992. ATTACHMENTS Comments from public meeting (8/26/92) Proposed Ordinance No. 92-12 TN:HLB:297 PUBL:C H=ARINC PRocE-7uRz 1. Mayor Opens Hearing a. States Purpose of Hearing 2. City Clerk Reports an Hearing Notice 3. Staff Report (City Manager) or (City Attorney) or (RP Staff) 4. Proponent Argument (30 minutes) S. Opponent Argument..(30 minutes) 6. Five-minute Rebuttal (Proponent) a. Proponent 7. Mayor Closes Public Testimony S. Discussion by Council 9. Council Decision 10. Mayor Announces Decision ORDINANCE NO. 92-12 AN ORDINANCE OF THE CITY OF SANTA CLARITA AMENDING CHAPTER 9.38 OF TITLE 9 OF THE SANTA CLARITA MUNICIPAL CODE REGARDING WATER CONSERVATION THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Santa Clarita Municipal Code is amended at Chapter 9.38 to Title 9 relating to water conservation to read as follows: CHAPTER 9.38 WATER CONSERVATION Sections• 9.38.010 Water Regulation Authority 9.38.015 Water Conservation Action Plan 9.38.020 Notification 9.38.025 Water Rationing/Conservation Stages 9.38.030 Emergency Water Shortage Response 9.38.035 Water Conservation Measures 9.38.040 Penalties 9.38.045 Hardship and Appeals Process Guidelines 9.38.050 Termination of Ordinance 9.38.010 Water Revelation Authority A. The State of California Water Code requires urban water suppliers to establish a means to review current and anticipated water demands in order to guarantee water availability. The Upper Santa Clara Water Committee (U.S.C.W.C.), being the representative body for this area's water purveyors, reviews and reports on water supply and demand in the Santa Clarita Valley. This body meets (annually) on a regular basis and more frequently when water availability reaches critical levels. In accordance with the State Water Code, the U.S.C.W.C.•and the Castaic Lake Water Agency (C.L.W.A.) have adopted a Water Shortage Contingency Plan, a part of which is a four -stage rationing plan. This plan establishes water conservation measure responses to current and anticipated levels of deficiencies in State and/or local water supplies. B. In response to this plan, it is the City's intent to establish water -use guidelines and restrictions which will reinforce the water -use reduction goals established in the Water Shortage Contingency Plan. It ICE N0. 92-12 t5 9.38.020 Water Conservation Action Plan DRAFT The City of Santa Clarita, through the City Manager's office, shall establish contact with. the .Upper Santa Clara Water Committee for the purpose of receiving their recommendations and reports. Based on the information received from the U.S.C.W.C., the City Manager's office shall provide to Council, for their consent, recommendations as to the proper drought stage response. The drought stage response shall be determined by the level of water deficiency. In order to remain consistent with regional or State-wide water conservation measures, the City Manager's Office will also report to Council, State and Regional water use restriction measures being imposed for the particular drought stage. The City Manager's office may also recommend to Council relief from any restrictions prescribed by the drought stage if deemed appropriate and beneficial to the City. Water Conservation Notification A. Upon the establishment of a drought stage by the City Council, a public notice period of seven days shall commence. Public notice shall be by public posting at all City facilities, all City-wide County facilities, and all City-wide water purveyor's facilities. The public notice shall be advertised in the local newspaper(s),.radio, and other available media, for the same period of time. B. 9.38.025 A. All mandatory measures will be enforceable. after the seventh day of public notice. Water Rationing/Conservation Stases Water Deficiency - Defined A water deficiency occurs when the current or projected water demand exceeds. the current or projected water supply, based on a yearly assessment. Percent of deficiency = water supply/water demand X 100%. B. Water Rationing/Conservation Stages Stage 1: A Stage 1 drought condition will occur when water deficiencies range between 1 and 15 percent. At this stage of drought severity, the public is -encouraged to practice prudent water use. Stage 2: A Stage 2 drought condition will occur when water deficiencies range from more than 15 and up to 25 percent. At this stage of drought severity,prudent water use, along with restrictions on new water demand, are mandated. ORDINANCE NO. 92-12 Page 3 Stave 3: A Stage 3 drought condition will occur when water deficiencies range from more than 25 and up to 35 percent. Stave 4: A Stage 4 drought condition will occur when water deficiencies are more than 35 percent. 9.38.030 Emergency Water Shortage Response A. In the event that an immediate shortage of water occurs due to disaster, the City Manager, upon receiving information from the U.S.C.W.C. and the C.L.W.A., shall declare the stage of water shortage emergency and implement the appropriate drought stage regulations. The City Manager shall report such water shortage condition and level of response to City Council at a time which is reasonable and practicable. 9.38.035 Water Conservation Covenants A. Continual Water -Use Practices More severe effects of a water shortage are often brought about due to wasteful use of water in times of sufficient supply. The use of water shall be done so in an efficient manner, in order to eliminate unnecessary water use where possible. For this reason, certain water -use practices shall be prescribed. 1. Landscaping a. The Parks and Recreation Department shall establish and maintain a program which would encourage future landscape installations to be drought -tolerant. 2. Indoor Plumbing a. The use of low -flow shower head and -faucet fixtures is encouraged. 3. Voluntary Restrictions a. Where practical, the voluntary restrictions for a Stage 1 drought should be used as a guideline for prudent water use. B. Water conservation shall be achieved through mandatory and voluntary restrictions and/or prohibitions of various types of water use. Water supply deficiencies are set at four stages of urgency, .for which conservation measures are mandated in order to create water -usage reduction. These measures are cumulative through -each stage. ORDINANCE NO. 92-12 Page 4 Stage 1 DRAFT The following are voluntary water -use restrictions or prohibitions: 1. Hose Water Prohibition a. No person shall hose -water or wash down any sidewalk, walkways, driveways, parking areas or other paved surface, except for health and safety purposes. 2. Watering Lawns and Landscaping a. No person shall water or cause to be watered any lawn or landscaping between the hours of 8:00 a.m. and 6:00 p.m., except as provided in Section 9.38.035.B.2.e. b. Lawns and landscaping shall be watered no more than 30 minutes per watering.station or cycle per day. C. No person shall water or cause to be watered any lawn or landscaping to such an extent that runoff into adjoining + streets, parking lots or alleys occurs due to incorrectly directed or maintained sprinklers or to excessive watering. d. It shall be the duty of all persons to inspect all hoses, faucets and sprinkling systems for leaks and to cause all leaks to be repaired as soon as is reasonably practicable. e. Commercial gardeners and landscapers, municipal water uses, commercial nurseries, golf courses, publicly -owned and maintained land and facilities, and other water -dependent industries shall not water or cause to be watered any lawn or landscaping between the hours of 10:00 a.m. and 3:00 p.m., and no more than 10 minutes per watering station or cycle per day unless reclaimed water is used as permitted by the Los Angeles County Department of Health. This. subsection does not apply to residential lawns which are subject to the time limitations indicated in the other subsections of this Ordinance. f. The maintenance and testing of irrigation systems, may be performed without the restrictions specified in Subsections 2.a and 2.e in Stage 1. g. Notwithstanding the provisions of Subsections 2.a and 2.e in Stage 1, the time for watering shall not be enforced during the period between November 15 and March 15, inclusive, to allow watering during the warmer portions of the day during these winter months. ORDINANCE NO. 92-12 DRAFT Page 5 3. Indoor Plumbing a. It shall be the duty of all persons to inspect all accessible indoor plumbing for leaks and cause them to be repaired as soon as reasonably practicable. 4. Washing Vehicles a. Vehicles should be washed by hand-held bucket or with a hose equipped with. automatic shutoff nozzle. Hoses may not be left running. b. These restrictions shall not be applied to commercial vehicle washing facilities and operations. 5. Public Eating Places a. Water may be served only upon request by the customer. C Stage 2 The following are mandatory water -use restriction and/or prohibitions: 1. All restrictions, prohibitions and time exemptions listed under Stage 1 become mandatory requirements. 2. Grading. Pool and Spa Permits a.- No new pool or spa permits shall be issued. b. Permits for grading and pool/spa projects will still be processed through the building department. Permits will not be issued until such a time (such water -use restrictions) when Stage 2 restrictions are deemed no longer to be in effect. Affected projects will be exempt from permit process expirations due to lapse in time and/or new code adoption. C. Restrictions on permits, stated in Subsections 2.a. and 2.b. of Stage 2, will become effective at the time when these measures are approved by Council or, in the event of immediate emergency, when the City Manager's Office has deemed the measures to be in effect. d. No one shall cause the emptying or, refilling of existing pools or spas for cleaning purposes. Water levels may be maintained. ORDINANCE NO. 92-12 Page 6 3. Landscaning DRAFT a. All new landscaping shall be limited to drought -tolerant' plantings (vegetation using one-third the normal water requirements). b. No new lawns, whether by seed or sod, shall be installed. C. No person or entity shall be required to implement any landscaping requirements of any association,.:developer or governing agency until the termination of this stage. Stage 3 The following are mandatory water -use restrictions and/or prohibitions. I. All restrictions and/or prohibitions listed in Stage 2. 2. Building. and Grading Permits a. Permits for new residential construction which would result in additional dwelling unit(s) shall not be issued. Residential additions which are over 50 percent of the existing residence's habitable floor area will be considered an additional dwelling unit. b. Building permits for new non-residential construction and non-residential additions which are over 50 percent of the existing habitable floor area shall not be issued. C. Permits for building projects, restricted in Subsections 2.a. and 2.b. of Stage 3 will still be processed through the building department. Permits will not be issued until such time when Stage 3 restrictions are deemed no longer to be in effect. Affected projects will be exempt from permit process expirations due to lapse in time and/or new code adoption. d. All grading under permits issued prior to the effective date, per Subsection 2.c. in Stage 2, shall be limited to the use of reclaimed water, as approved by the Los Angeles County Department of Health. 3. Landscaping a. All new landscaping and irrigation improvements shall be approved by the City of Santa Clarita' Director of Parks and Recreation prior to construction. ORDINANCE NO. 92-12 Page 7 Stage 4 DRAFT The following are mandatory water -use restrictions: 1. All restrictions and/or prohibitions listed in Stage 3. 2. Landscapina a. No new landscaping shall be permitted. b. Existing landscaping shall be maintained with reclaimed water only, as approved by the Los Angeles County Department of Health. Existing trees and larger shrubs will be exempt. 9.38.040 Penalties A. Willful violations of the terms of this Ordinance shall be subject to written warnings and/or citations. A written warning shall be issued upon the first violation of any part of this Ordinance. The second violation shall result in a fine of $50.00. The third violation shall result .in a fine of $100.00, and subsequent violations shall result in a fine of $300.00 for each violation. 9.38.045 Hardship and Appeals Process Guidelines A. The City Manager's Office shall establish guidelines by which water users may file claims of hardship due to imposed water restriction regulations. An appeals process shall be established for water users who have been cited for lack of compliance to these imposed water -use restrictions. 9.38.050 Termination of Ordinance A. This Ordinance shall terminate only upon consent by the City Council. Section 1. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court or competent jurisdiction shall hold any sentence, paragraph or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 2. This Ordinance is effective immediately pursuant to California Water Code Section 376. Section 3. The City Clerk shall certify to the passage of this . Ordinance and shall cause it to be published in the manner prescribed by law. ORDINANCE NO. 92-12 Page 8 PASSED, APPROVED AND ADOPTED this day of Jill Elajic, Mayor ATTEST: Donna M. Grindey, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF SANTA CLARITA) DRAFT 1992. I, Donna M. Grindey, DO HEREBY CERTIFY that the above and— foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of 1992 by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Donna M. Grindey, City Clerk hds:630 COMMENTS FROM PUBLIC MEETING AUGUST -26, 1992 1. Sec. 9.38.015: When the City Manager meets with the Upper Santa Clara Water Committee (U.S.W.C.) to get recommendations as to the determination of the proper drought stage, .it should not be a closed session; rather, the meeting should be a public one. Furthermore, the Castaic Lake Water Agency (C.L.V.A.) should also be referred to in this paragraph, and not just U.S.W.C., because they are also part of the deliberation process in which the water purveyors make recommendations for the appropriate drought stage. 2. Sec. 9.38.025 (A) The formula for calculating the percentage of deficiency should be: percent of deficiency - 1 - (water supply/water demand) x 100 3. Sec. 9.38.035 (A) The title. should read 'Continual Voluntary Water -Use Practices" since these guidelines under subsection A are not mandatory. 4. Sec. 9.38.035 (B): a. Stage 1 (2a) The sentence should be changed so that new lawns are exempt. b. Stage 2 (2a) The sentence should be changed to. include the word "grading" in the sentence. The new sentence would read, "No new pool, spa or grading permits shall be issued." Representatives of the pool industry felt that the prohibition of issuing pool permits should be in Stage 4 and not in Stage 2. They argued that the pool industry should have the same consideration as the landscape industry because the ordinance prohibits new landscaping at Stage 4). c. Stage 2 (2b) The following sentence should be added, "All grading permits issued prior to that date should use reclaimed water." d. Stage 3'(2d) This paragraph should be moved to Stage 2. Also, if people don't use reclaimed water, their building permit should be revoked. 5. Sec. 9.38.040 The penalties should be higher: 1st violation -written warning; 2nd violation -$200; 3rd violation -$600; subsequent violations -$1,000 and jail time.