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ORDINANCE 1433ORDINANCE NO. 1433 AN ORDINANCE ADDING A NEW CHAPTER 10 -5 TO THE EL SEGUNDO MUNICIPAL CODE ( "ESMC ") ESTABLISHING WATER CONSERVATION MEASURES IN ACCORDANCE WITH WATER CODE § 375 AND AMENDING ESMC §§ 1 -2A -1, 1 -2A -2, AND 1 -2A -3 TO ENFORCE ESMC CHAPTER 10 -5 WITH ADMINISTRATIVE CITATIONS. The City Council of the City of El Segundo does ordain as follows: SECTION 1: The City Council finds as follows: A. Protecting, conserving, and managing water supplies is an issue of municipal concern. Contamination, drought, or damage to the City's potable water infrastructure can lead to a water emergency. B. The City receives all of its water from the West Basin Municipal Water District ( "WBMWD ") and Metropolitan Water District of Southern California ( "MWD "; collectively, "Districts "). C. It is in the public interest for the City to enact regulations for distribution and use of potable water including, without limitation, water conservation programs to encourage efficient water use and discourage waste. SECTION 2: El Segundo Municipal Code ( "ESMC ") §§ 1 -2A -1, 1 -2A -2, and 1 -2A -3 are amended to read as follows: "1 -2A -1: Purpose. This chapter is adopted pursuant to the city's police powers and Government Code § 53069.4 for the purpose of making any violations of El Segundo Municipal Code §§ 5 -4 -1 to 5 -4 -13 (entitled "Storm Water and Urban Runoff Pollution Control') and §§ 10 -5 -1 to 10 -5 -23 (entitled "Water Conservation ") subject to an administrative fine and to set forth the procedures for the imposition and collection of such fines. 1 -2A -2: Applicability. This chapter provides for administrative citations that are in addition to all other legal remedies, criminal or civil, which the city may pursue to address violations of the Storm Water Code and Water Conservation Code. The use of this chapter is at the sole discretion of the code enforcement officer. 1 -2A -3: Definitions: Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter: "Water Conservation Code" means §§ 10 -5 -1 to 10 -5 -24 of the El Segundo Municipal Code and any federal, state, or local regulation enforced by and through the Water Conservation Code including, without limitation, pertinent provisions of Titles 13 and 15 of this Code." SECTION 3: A new Chapter 10 -5, entitled Water Conservation, is added to the ESMC to read as follows: "CHAPTER 10 -5 WATER CONSERVATION 10 -5 -1: Purpose. 10 -5 -2: Definitions. 10 -5 -3: Water Conservation Program. 10 -5-4: Repair of Plumbing, Sprinkler and Irrigation System. 10 -5 -5: Watering /Irrigation. 10 -5 -6: Miscellaneous Restrictions. 10 -5 -7: Commercial Car Washes. 10 -5 -8: Washing of Equipment and Machinery. 10 -5 -9: Cleaning of Structures. 10 -5 -10: Cleaning of Surfaces. 10 -5 -11: Water Spillage. 10 -5 -12: Swimming Pools and Spas. 10 -5 -13: Fountains, Decorative Basins, Ponds, Waterways. 10 -5 -14: Cooling Systems. 10 -5 -15: Commercial Laundry Facilities. 10 -5 -16: Visitor - Serving Facilities. 10 -5 -17: Restaurants. 10 -5 -18: Construction. 10 -5 -19: Use of Hydrants. 10 -5 -20: Indiscriminate Use. 10 -5 -21: Public Health and Safety. 10 -5 -22: Water shortage contingency measures. 10 -5 -23: Relief from compliance. 10 -5 -24: Enforcement. 10 -5 -1: Purpose. This Chapter is adopted pursuant to Water Code § 375 for the purpose of establishing water conservation requirements and implementing contingency measures in the event of water shortages. 10 -5 -2: Definitions. K Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this Chapter. "Impervious surface" means a constructed or modified surface that cannot effectively percolate water. The terms includes, without limitation, sidewalks, driveways, gutters, and roads. "Person" means a natural or corporate person who receives potable water service from the City. "Programmed" means a weather -based or senor -based irrigation controller that was programmed in accordance with manufacturer's instructions and site - specific conditions. "Responsible person" means the person responsible for daily operations of each residential or commercial premises located within the City's jurisdiction including, without limitation, the property owner. "Sensor -based irrigation controller" means an irrigation controller that operates based upon input received from any combination of sensors such as rain, light, and soil moisture, installed within or around an irrigated landscape area. "Weather -based irrigation controller" means an irrigation controller that operates based on evapotranspiration rates and historic or real -time weather data. 10 -5 -3: Water Conservation Program. All water customers are required to adopt and put into use at the earliest possible date drought water conservation programs. 10 -5-4: Repair of Plumbing, Sprinkler and Irrigation System. Responsible persons must, as soon as practicable, but not later than forty - eight (48) hours after such person first discovers water leaks, commence repair of any leaking pipes, faucets, plumbing fixtures, other water service appliances, sprinklers, watering or irrigation systems, or distribution systems and promptly complete such repair work, unless a waiver is obtained from the City. 10 -5 -5: Watering /Irrigation. Except as otherwise provided by this Section, it is unlawful for any person to water their lawn or landscaping or permit their lawn or landscaping to be 3 watered between the hours of nine (9:00) AM and five (5:00) PM. It is unlawful for any person to water their lawn or landscaping or permit their lawn or landscaping to be watered for a period longer than fifteen (15) minutes per station each day. Notwithstanding these prohibitions, the following is permitted: A. Persons may operate an irrigation system between 9:00 AM and 5:00 PM for the purpose of installing, repairing or routine maintenance of the same; B. Persons may water between the hours of 9:00 AM and 5:00 PM using any of the following methods: Properly programmed weather -based and /or sensor -based irrigation controllers; 2. Drip irrigation; 3. By hand, using a bucket; or 4. By hand, using a hose with an automatic shutoff nozzle. 10 -5 -6: Miscellaneous Restrictions. The following are unlawful for any person: A. Allowing grass, lawns, groundcover, shrubbery, and open ground to be watered at any time while it is raining. B. Operating landscape irrigation system(s) that allow overspray or excess runoff onto impervious surfaces (such as sidewalks, driveways, v- ditches, gutters and roadways). C. To use a water hose to wash any vehicle including, without limitation, cars, trucks, boats, trailers, recreational vehicles, or campers, or any other aircraft, tractor, or any other vehicle, or any portion thereof, unless the hose is equipped with an automatic shutoff nozzle. Except for individual residential vehicle washing, all wash water from vehicle washing /cleaning activity must be prevented from discharging to the stormwater drainage system. 10 -5 -7: Commercial Car Washes. A. It is unlawful for commercial car wash facilities to permit the washing of any boat or vehicle in such facility or on its premises, other than by the following methods: Use of mechanical automatic car wash facilities utilizing water recycling equipment or utilizing recycled water; 4 2. Use of a hose that operates on a timer for limited time periods and shuts off automatically at the expiration of the time period; 3. Use of a hose equipped with an automatic shutoff nozzle; or 4. Use of bucket and hand washing. B. All wash /rinse water must be captured and recycled or discharged into the sanitary sewer system. C. All new commercial conveyor car wash facilities must be equipped with a water recycling system. 10 -5 -8: Washing of Equipment and Machinery. It is unlawful for any person to use a water hose to wash any type of equipment or machinery, or any portion thereof, unless the hose is equipped with an automatic shutoff nozzle. All wash water from such washing /cleaning activity must be prevented from discharging to the stormwater drainage system. 10 -5 -9: Cleaning of Structures. It is unlawful for any person to use water through a hose to clean the exterior of any building or structure unless such hose is equipped with a shutoff nozzle. All wash water from such activity must be prevented from discharging to the stormwater drainage system. 10 -5 -10: Cleaning of Surfaces. It is unlawful for any person to use water through a hose to clean any sidewalk, driveway, roadway, parking lot, or any other outdoor paved or hard surfaced area, unless all wash water from such activity is prevented from discharging to the stormwater drainage system. 10 -5 -11: Water Spillage. Every person must minimize water spillage into streets, curbs, or gutters and minimize runoff beyond the immediate area of use. Every person is deemed to have under his /her control at all times his /her water distribution lines and facilities, and to know the manner and extent of his /her water use and excess runoff. 10 -5 -12: Swimming Pools and Spas. 5 It is unlawful for any person to empty and refill a swimming pool or spa except to prevent or repair structural damage or to comply with public health regulations. Discharge of pool water, other than directly to the sanitary sewer system, must be consistent with this Code with regard to stormwater. Discharge of pool filter backwash water to the stormwater drainage system is prohibited. All pools and spas must be equipped with a water recirculation device. The use of a pool /spa cover is encouraged to prevent evaporative water loss. 10 -5 -13: Fountains, Decorative Basins, Ponds, Waterways. It is unlawful for any person to use water to operate or maintain levels in decorative fountains, basins, ponds, and waterways unless a recirculation device is in use. Discharge of water, other than directly to the sanitary sewer system, must be consistent with this Code with regard to stormwater. Discharge of filter backwash water to the stormwater drainage system is prohibited. 10 -5 -14: Cooling Systems. No single pass cooling systems are permitted in new connections. 10 -5 -15: Commercial Laundry Facilities. New commercial laundry facilities must be equipped with a water reclamation system for rinse water. 10 -5 -16: Visitor - Serving Facilities. The owner and manager of each hotel, motel, restaurant, and other visitor - serving facility must ensure that such facility displays, in places visible to all customers, placards or decals approved by the City, promoting public awareness of the need for water conservation and /or advising the public that waste of water is prohibited. 10 -5 -17: Restaurants. Restaurants in the City cannot serve water to restaurant customers, except upon request of the customer. 10 -5 -18: Construction. A. It is unlawful to use potable water for compacting or dust control purposes in construction activities where there is a reasonably available source of recycled or other non - potable water approved by the California State Department of Health Services and appropriate for such use. D B. All water hoses used in connection with any construction activities must be equipped with an automatic shutoff nozzle when an automatic shutoff nozzle can be purchased or otherwise obtained for the size or type of hose in use. 10 -5 -19: Use of Hydrants. It is unlawful for any person to utilize any fire hydrant for any purpose other than fire suppression or emergency aid, without first obtaining written approval from the City Manager, or designee. 10 -5 -20: Indiscriminate Use. It is unlawful for any person to cause or permit the indiscriminate running of water not otherwise prohibited by this chapter which is wasteful and without reasonable purpose. 10 -5 -21: Public Health and Safety. These regulations cannot be construed to limit water use which is immediately necessary to protect public health or safety. 10 -5 -22: Water shortage contingency measures. The City Council by resolution is authorized to require or impose reductions in the use of water if such reductions are necessary in order for the City to comply with water use restrictions imposed by federal, state or regional water agencies or to respond to emergency water shortage conditions. Depending on the expected duration and severity of the shortage, these measures may include, without limitation, the following: A. Prohibit the filling or emptying and refilling of swimming pools, excluding normal maintenance of water levels due to evaporation. B. Prohibit the use of a temporary fire hydrant meter from the City, or otherwise using water through a temporary City water service. C. Require all major water users to reduce their usage by the percentage determined by the City Manager, or designee, to be necessary to sustain adequate water supply for the City. Such percentage must be based both on the rate of supply to the City and the rate of current water demand. D. Impose an additional water surcharge above and beyond the existing City water rates on all City residents, water users and water consumers who fail or refuse to abide by the requirements, restrictions and priorities 7 adopted by the City in response to the emergency water shortage condition. E. Suspend all sales and deliveries of City water, or use of City water, for construction or grading purposes. F. Reduce or prohibit consumption or use of City water by residential, recreational, commercial, industrial and institutional water users for landscape irrigation purposes. G. Initiate or implement additional or innovative actions to increase the supply of water available to the City and to conserve the City's existing water supply. 10 -5 -23: Relief from compliance. The City Manager, or designee, may grant written waivers to persons who apply on forms supplied by the City for: A. Prohibited uses of water if it is found that a waiver is necessary to prevent an emergency condition relating to health and safety, and if the person seeking a waiver demonstrates that he or she implemented water conservation measures in some other manner that achieves the objectives of this Chapter. No waiver can be granted for the filling of any decorative fountain, basin, pond, hot tub, spa or permanent swimming or wading pool, unless the filling occurs as the result of performing necessary leak repairs and unless the other provisions of this Section are met. B. No waiver can be granted unless the person demonstrates that he or she has already achieved the maximum practical reduction in water consumption as can be achieved by the affected property or business. Any waiver granted must be based upon the water consumption rates of similar water users, properties or businesses. 10 -5 -24: Enforcement. At least one written warning must be provided to persons upon the first violation of this Chapter. Second and subsequent violations may be enforced in accordance with applicable law including, without limitation, this Code. It is the code enforcement officer's responsibility to enforce this Chapter" SECTION 4: CALIFORNIA ENVIRONMENTAL QUALITY ACT EXEMPTION. This ordinance is exempt from review under the California Environmental Quality Act N (California Public Resources Code §§ 21000, et seq., "CEQA ") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures to permit operation of existing facilities; minor temporary use of land; ensure maintenance, restoration and protection of the environment; and regulate normal operations of facilities for public gatherings. This Ordinance, therefore, is categorically exempt from further CEQA review under Cal. Code Regs. Title 14, §§ 15301, 15304(e), 15308, and 15323. SECTION 5: PUBLIC NOTIFICATION. The City Manager, or designee, is directed to provide public notification regarding the regulations set forth in this ordinance through any reasonable means including, without limitation, newspaper publications, flyers contained within the City's utility bills, and advertising on the City's PEG cable channel. SECTION 6: SAVINGS CLAUSE. Repeal of any provision of the SPMC or any other regulation by this Ordinance does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 7: SEVERABILITY. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 8: VALIDITY OF PREVIOUS CODE SECTIONS. If this the entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal of the SPMC or other regulation by this Ordinance will be rendered void and cause such SPMC provision or other regulation to remain in full force and effect for all purposes. SECTION 9: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 10: This Ordinance will take effect on January 1, 2010. PASSED AND ADOPTED this 3rd da D ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 1433 , was duly introduced by said City Council at a regular meeting held on the 6 day of PCT= 2009, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 3 day of ' NOV.- 2009, and the same was so passed and adopted by the following vote: AYES: McDowell, Busch, Brann, Fisher, Jacobson NOES: None ABSENT: None ABSTAIN: None h. Cindy Mo esen, City Clerk r' APPROV I Mark D. 0 Karl H. Berger, 10 A F t City Attorney