This chapter will be known as the "Water Shortage Contingency
Response."
(3104-4/91, 3849-1/10, 4233-7/21)
A.
The
purpose of this chapter is to establish a water conservation and supply
shortage program that will reduce water consumption within the City
of Huntington Beach through conservation, enable effective water supply
planning, ensure reasonable and beneficial use of water, prevent waste
of water, and maximize the efficient use of water within the City
of Huntington Beach to avoid and minimize the effect and hardship
of water shortage to the greatest extent possible.
B.
In
part, this chapter establishes permanent water conservation standards
intended to alter behavior related to water use efficiency at all
times and further establishes six levels of water supply shortage
response actions to be implemented during times of declared water
shortage or declared water shortage emergency, with increasing restrictions
on water use in response to worsening drought or emergency conditions
and decreasing supplies.
C.
Pursuant
to 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.
D.
In
addition, in accordance with the California Water Code requirements
related to water shortage contingency planning, as part of the 2020
Urban Water Management Plan (UWMP) effort, the City is required to
submit a 2020 UWMP Water Shortage Contingency Plan (WSCP) and an Adopted
2020 Water Shortage Contingency Plan (a standalone document from the
2020 UWMP but appended to the 2020 UWMP for submittal).
E.
Based
on local agency's legal requirement to implement actions within the
2020 WSCP, MWDOC and Arcadis/MWM have prepared a Model Water Shortage
Contingency Response Ordinance which is the basis for this chapter
amendment.
(3104-4/91, 3849-1/10, 4233-7/21)
For purposes of this chapter, the following words and phrases
shall have the meaning hereafter set forth unless a different meaning
is clearly intended from the context in which such word or phrase
is used. Any word or phrase not herein defined shall have the meaning
attributed to it in ordinary usage.
means the unit of water used to apply water rates for purposes
of calculating water charges for a person's water usage and equals
748 gallons.
means an irrigation system with pipes, hoses, spray heads,
or sprinkling devices that are operated by hand or through an automated
system.
means a lawn, landscape, or other vegetated area, or combination
thereof, equal to more than one acre of irrigable land.
means any natural person or persons, corporation, public
or private entity, governmental agency or institution, including all
agencies and departments of City of Huntington Beach or any other
user of water provided by City of Huntington Beach.
means water which is suitable for drinking.
means the reclamation and reuse of non-potable water for
beneficial use as defined in Title 22 of the California Code of Regulations.
means equipment where water is circulated only once to cool
equipment before being disposed.
(3104-4/91, 3849-1/10)
A.
The
provisions of this chapter apply to any person in the use of any potable
water provided by the City of Huntington Beach.
B.
The
provisions of this chapter do not apply to uses of water necessary
to protect public health and safety or for essential government services,
such as police, fire and other similar emergency services.
C.
The provisions of this chapter do not apply to the use of recycled water, with the exception of Section 14.18.050(A).
D.
The
provisions of this chapter do 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.
E.
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 stormwater
ordinances and stormwater management plans.
(3104-4/91, 3849-1/10)
A.
The
City of Huntington Beach will follow the written decision-making process
defined in the Water Shortage Contingency Plan (WSCP) to assess water
supply reliability on an annual basis.
B.
City
of Huntington Beach Staff will determine if a water shortage exists
based on the water shortage criteria and stages defined in the WSCP.
C.
In
the event a water shortage is triggered according to the procedures
and conditions defined in the adopted WSCP, the City Manager will
declare a shortage according to the defined water shortage levels
in the WSCP.
D.
The public will be informed of the shortage according to the procedures and protocols for communication identified in Section 14.18.042.
E.
When
the City Manager determines that a sudden event has, or threatens
to, significantly diminish the reliability or quality of the City
of Huntington Beach water supply, the City Manager may declare a catastrophic
water supply shortage and impose whatever emergency water allocation
or conservation actions deemed necessary, in the City Manager's professional
judgment, to protect the reliability and quality of the City of Huntington
Beach water supply, until the emergency passes or the City takes other
action.
(4233-7/21)
Upon declaration of a water shortage, the City Manager will
determine the proper mechanism to 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 City of Huntington Beach
WSCP, including:
A.
Any
current or predicted shortages as determined by the annual water supply
and demand assessment.
B.
Any
shortage response actions triggered or anticipated to be triggered
by the annual water supply and demand assessment.
C.
Any
other relevant communications.
(4233-7/21)
The following water conservation requirements are effective
at all times and are permanent. Violations of this section will be
considered waste and an unreasonable use of water.
A.
Limits on 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 Standard Time
on any day, except by hand using a bucket and/or by hand using a hose
with an automatic shutoff nozzle or a hose-end sprinkler with a radius
of not more than 10 feet, if such sprinkler causes no overspray or
runoff, 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 10 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 gallons of water per hour and weather-based
controllers or steam-rotor sprinklers that meet a 70% 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,
a low-volume, high-pressure cleaning machine equipped to recycle any
water used, or a low-volume, high-pressure water broom.
E.
Re-Circulating Water Required for Water Fountains and Decorative
Water Features. Operating a water fountain or other decorative
water feature that does not use recirculated water is prohibited.
F.
Limits on Washing Vehicles. Use of water to wash or clean
a vehicle, including, but not limited to, any automobile, truck, van,
bus, motorcycle, boat or trailer, whether motorized or not, is prohibited,
except by use of a hand-held bucket or similar container or a hand-held
hose equipped with a positive self-closing water shut-off nozzle or
device. This subsection does not apply to any commercial car washing
facility.
G.
Drinking Water Served Upon Request Only. Eating or drinking
establishments, including, but not limited to, a restaurant, hotel,
café, cafeteria, bar, or other public place where food or drinks
are sold, served, or offered for sale, are prohibited from providing
drinking water to any person unless expressly requested.
H.
Commercial Lodging Establishments Must Provide Guests Option to Decline
Daily Linen Services. Hotels, motels and other commercial lodging
establishments must provide customers the option of not having towels
and linen laundered daily. Commercial lodging establishments must
prominently display notice of this option in each bathroom using clear
and easily understood language.
I.
No Installation of Single Pass Cooling Systems to Domestic Water
Supplies. Installation of single pass cooling systems is prohibited
in buildings requesting new water service.
J.
No Installation of 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.
K.
Restaurants Required to Use Water Conserving Dish Wash Spray Valves. Food preparation establishments, such as restaurants or cafés,
are prohibited from using non-water conserving dish wash spray valves.
L.
Commercial Car Wash Systems. Effective on January 1, 2010,
all new commercial conveyor car wash systems must have installed operational
recirculating water systems, or must have secured a waiver of this
requirement from the City of Huntington Beach.
M.
Construction.
1.
No
potable water may be used for compacting or dust control purposes
in construction activities where there is a reasonably available source
of other non-potable water approved by the California Department of
Public Health and appropriate for such use. This condition must be
identified and specified on construction drawings submitted to the
City for review;
2.
All
water hoses used in connection with any construction activities shall
be equipped with an automatic shut-off nozzle when an automatic shut-off
nozzle can be purchased or otherwise obtained for the size or type
of hose in use.
N.
Use of Hydrants. No person may use water from any fire hydrant
for any purpose other than fire suppression or emergency aid without
first obtaining a City hydrant meter account or written approval from
the Director of Public Works/City Engineer or designee.
O.
Indiscriminate Use. No person shall cause or permit the indiscriminate
running of water not otherwise prohibited above which is wasteful
and without reasonable purpose.
P.
Public Health and Safety. These regulations shall not be construed
to limit water use which is immediately necessary to protect health
and/or safety.
Q.
Measurable Rainfall Event—Watering Prohibited. Watering
or irrigating of lawn, landscape or other vegetated area with potable
water is prohibited during a measurable rainfall event, or within
48 hours following the cessation of a measurable rainfall event.
R.
Obligation to Fix Leaks, Breaks or Malfunctions. All leaks,
breaks, or other malfunctions in the water user's plumbing or distribution
system must be repaired within 72 hours of notification by the City
of Huntington Beach unless other arrangements are made with the City
of Huntington Beach.
(3104-4/91, 3810-9/08, 3849-1/10, 4022-5/14, 4060-5/15,
4063-8/15, 4233-7/21)
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 City of Huntington
Beach Water Shortage Contingency Plan.
The shortage response actions must align with each level of
water supply shortage that are defined in the WSCP and include, at
a minimum, all of the following:
A.
Locally
appropriate supply augmentation actions.
B.
Locally
appropriate demand reduction actions to adequately respond to shortages.
C.
Locally
appropriate operational changes.
D.
Additional,
mandatory prohibitions against specific water use practices that are
in addition to state-mandated prohibitions and appropriate to the
local conditions.
E.
For
each action, an estimate of the extent to which the gap between supplies
and demand will be reduced by implementation of the action.
F.
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).
G.
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.
(3104-4/91, 3849-1/10, 4022-5/14, 4233-7/21)
In order to ensure compliance with state reporting requirements
and to customer compliance, the City will ensure the collection, tracking,
and analyzing of relevant data per the procedures defined in the WSCP.
(3104-4/91, 3849-1/10, 4022-5/14, 4060-5/15, 4063-8/15,
4233-7/21)
To ensure water shortage risk tolerance is adequate and appropriate
water shortage mitigation strategies are implemented as needed, the
WSCP will be reviewed and evaluated as defined by the procedures identified
in the WSCP.
(3849-1/10, 4233-7/21)
The City of Huntington Beach finds that this chapter and actions
taken hereafter pursuant to this chapter are exempt from the provisions
of the California Environmental Quality Act of 1970 as specific actions
necessary to prevent or mitigate an emergency pursuant to Section
15307 of the CEQA Guidelines.
(3849-1/10, 4233-7/21)
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 users, then the person may apply
to the City Manager for a waiver to the requirements as provided in
this section.
B.
Written Finding. The 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 user's property.
1.
Application. Application for a waiver must be on a form prescribed
by the City of Huntington Beach and accompanied by a non-refundable
processing fee in an amount set by City of Huntington Beach resolution
of the City Council.
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 Waiver. An application for a waiver
will be denied unless the City Manager 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 of Huntington Beach
or its agent, all of the following:
a.
That the waiver 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 such waiver will not be of substantial detriment
to adjacent properties, and will not materially affect the ability
of the City of Huntington Beach to effectuate the purpose of this
chapter and will not be detrimental to the public interest.
4.
Approval Authority. The City Manager shall act upon any completed
application no later than 10 days after submittal and may approve,
conditionally approve, or deny the waiver. The applicant requesting
the waiver shall be promptly notified in writing of any action taken.
Unless specified otherwise at the time a waiver is approved, the waiver
will apply to the subject property during the period of the mandatory
water supply shortage condition. The decision of the City Manager
will be final.
(3849-1/10)
A.
Any
person violating this chapter shall be guilty of a misdemeanor, punishable
by a fine not exceeding $1,000.00 or by imprisonment in the county
jail for a period not to exceed six months, or by both fine and imprisonment.
Each day that a violation of this chapter occurs is a separate offense.
B.
In
addition to any fines, the City may install a water flow restrictor
device of approximately one gallon per minute capacity for service
up to one and one-half inch size and comparatively sized restrictors
for larger services after written notice of intent to install a flow
restrictor for a minimum of 48 hours.
C.
A person
or entity that violates this chapter is responsible for payment of
the City's charges for installing and/or removing any flow restricting
device and for disconnecting and/or reconnecting service per the City's
schedule of charges then in effect. The charge for installing and/or
removing any flow restricting device must be paid to the City before
the device is removed. Nonpayment will be subject to the same remedies
as nonpayment of basic water rates.
D.
In
addition to any fines and the installation of a water flow restrictor,
the City may disconnect a customer's water service for willful violations
of mandatory restrictions in this chapter.
(3849-1/10)
If any section, subsection, sentence, clause or phrase in this
chapter is for any reason held invalid, the validity of the remainder
of the chapter will not be affected. The City of Huntington Beach
hereby declares it would have passed this chapter and each section,
subsection, sentence, clause or phrase thereof, irrespective of the
fact that one or more sections, subsections, sentences, clauses, or
phrases is declared invalid.
(3849-1/10)
