ORDINANCE 1509 ORDINANCE NO. 1509
AN ORDINANCE ENACTING WATER CONSERVATION
MEASURES AND REQUIREMENTS IN ACCORDANCE WITH
EMERGENCY REGULATIONS PROMULGATED BY THE
CALIFORNIA STATE WATER RESOURCES CONTROL BOARD.
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: The City Council finds as follows:
A. On January 17, 2014, the Governor issued a proclamation of a state
of emergency under the California Emergency Services Act based
on drought conditions;
B. On April 25, 2014, the Governor issued a proclamation of a continued
state of emergency under the California Emergency Services Act
based on continued drought conditions;
C. On April 1, 2015, the Governor issued an Executive Order that, in
part, directs the State Water Resources Control Board (the "Board")
to impose restrictions on water suppliers to achieve a statewide 25%
reduction in potable urban usage through February 2016; require
commercial, industrial, and institutional users to implement water
efficiency measures; prohibit irrigation with potable water of
ornamental turf in public street medians; and prohibit irrigation with
potable water outside newly constructed homes and buildings that is
not delivered by drip or microspray systems;
D. In response to the Governor's Executive Order, on May 18, 2015, the
Board enacted emergency regulations amending California Code of
Regulations Title 23, §§ 863, 864, 865, and 866 ("Emergency
Regulations"). Absent additional action taken by the Board, the
Emergency Regulations will expire February 13, 2016;
E. The drought conditions that formed the basis of the Governor's
emergency proclamations continue to exist;
F. The present year is critically dry and has been immediately preceded
by two or more consecutive below normal, dry, or critically dry years;
G. The drought conditions will likely continue for the foreseeable future
and additional action by both the State Water Resources Control
Board and local water suppliers will likely be necessary to prevent
waste and unreasonable use of water and to further promote
conservation;
ORDINANCE No. 1509
Page 2 of 10
K Recent court decisions have reduced the amount of water supplied
through the State Water Project;
I. Rainfall in southern California is below last year's levels and annual
averages;
J. Reservoir levels statewide are well below average and below
capacity;
K. Water conservation is crucial to the continued delivery of clean, safe
water to El Segundo residents and customers;
L. The City will continue to offer educational materials, to promote best
practices for water conservation, and to support the use of water
conserving household fixtures to its users and customers in efforts
of encouraging water use efficiency practices and preventing the
waste of available water resources. This Ordinance sets forth water
use efficiency practices and water conservation measures that will
be implemented and followed by all applicable users within the
service boundaries of the City;
M. Article XI, § 7 of the California Constitution empowers the City to
enact and enforce ordinances regulating conditions that may be
public nuisances or health hazards, or that promote social,
economic, or aesthetic considerations;
N. In accordance with Water Code § 375, the City Council finds it is in
the public interest to adopt this Ordinance for water conservation
purposes; and
O. In accordance with the Emergency Regulations and other applicable
law, the City Council desires to amend the El Segundo Municipal
Code ("ESMC") to achieve the conservation standards established
by the Board.
SECTION : ESMC § 10-5-1 is amended to read as follows:
10-5-1: PURPOSE:
This chapter is adopted pursuant to Water Code section 375 for the purpose of
establishing permanent water conservation requirements. In the event of water
shortages, this chapter also establishes an-d—impJein,en-tin-9 contingency
measures in the event of water shortages. The provisions of this chapter are
mandatory unless it is found that the use of water is necessary to comply ith
a term or condition in a permit issued by a state or federal aaencv. or is
otherwise exempt by this chapter.
ORDINANCE No. 1509
Page 3 of 10
SECTION 3: ESMC § 10-5-5 is amended to read as follows:
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
watered between the hours of nine o'clock (9:00) A.M. and five o'clock (5:00)
P.M. 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 nine o'clock (9:00) A.M.
and five o'clock (5:00) P.M. for the purpose of installing, repairing or routine
maintenance of the same;
B. Persons may water between the hours of nine o'clock (9:00) A.M. and five
o'clock (5:00) P.M. using any of the following methods:
1. 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.
C. Commercial nurseries and commercial arower's products may irrioate
before 10 a.m. and after 6 p.m. only. Waterina is permitted at anv time with
a hand-held hose equipped with a positive shut-off nozzle, a bucket, or
when a drip/micro-irrigation system/equipment is used. Irrigation of nursery
propagation beds is permitted at anv time. Waterinq of livestock is permitted
at anv time.
SECTION 4: ESMC § 10-5-6 is amended to read as follows:
10-5-6: MISCELLANEOUS RESTRICTIONS:
The following are unlawful for any person:
A. Allowing grass, lawns, ground cover, shrubbery, and open ground to be
watered at any time while it is raining or within 43 hours after measurable
rainfall.
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
ORDINANCE No. 1509
Page 4 of 10
activity must be prevented from discharging to the stormwater drainage
system.
SECTION 5: ESMC § 10-5-10 is amended to read as follows:
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
areaq t-inle-er,s-all-w -w,ate fr 1 I-S-uc I-i Ify4s-,prevent from-diech,ar i-i,9- o
SECTION 6: ESMC § 10-5-16 is amended to read as follows:
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. Hotels„ motels and ether similar visitor serving,
facilities must provide quests the option to not have towels and linens
laundered daily and prominently displav this option in each quest room in easv-
to-understand lanquage.
SECTION 7: ESMC § 10-5-17 is amended to read as follows:
10-5-17: RESTAURANTS AND OTHER EATING OR DRINKING
ESTABLISHMENTS:
Restaurants and any other eating and/or drinking establishments in the city
cannot serve water to restaurant customers, except upon request of the
customer.
SECTION 8: ESMC § 10-5-18 is amended to read as follows:
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 nonpotable water approved by the California state
department of health services and appropriate for such use.
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.
ORDINANCE No. 1509
Page 5 of 10
C. Notwithstandinq anv other provision of this Code, use of potable water for
irrigation and other outdoor use is prohibited outside of newlv constructed
homes and buildinqs unless delivered by drip or microsprav systems.
SECTION 9: ESMC § 10-5-22 is amended to read as follows:
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, the city council may consider
declaring a Level 1, Level 2, Level 3 or Level 4 Drouqht Response by resolution.
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A. Level 1 Drouqht Response.
Declarinq a Level 1 Drouaht Response condition demonstrates the need to
reduce the Citv's water demand by a maximum of 10%. Durina a Level 1
Drouaht Response condition, the city will increase its public education and
Outreach efforts to raise public awareness of the need to implement the
permanent water conservation practices established in Chapter 10-5, Sections
1 through 2�1.
B. Level 2 Drouaht Response.
Declarinq a Level 2 Drouaht Response condition demonstrates the need to
reduce the Citv's water demand between 10% and 20%. Durina a Level 2
Drought (Response condition, all persons using city water must comply with the
Level 1 Drouqht Response conditions, and must also comply with the following
additional mandatory conservation measures:
1. Limit residential and commercial landscape irrigation to no more than two
days per weep. The City Council may assign the days by resolution and the
assigned days shall be posted by the city. This subsection shall not apply
to commercial growers or nurseries.
2. Cease watering landscaped public street medians with ornamental turf
unless using recvcled water. Potable water may be used to ensure the
health of trees and shrubs.
3. Cease washinq down anv sidewalks and driveways, or other outdoor
surfaces such as buildings. with potable water
4. Cease allowing runoff when irriaatina with potable water.
5. Anv additional or innovative actions to increase the supply of water available
to the city and to conserve the citv's e istina water supply.
ORDINANCE No. 1509
Page 6 of 10
C. Level 3, Drought Response,
Declaring a Level 3 Drouaht Response condition demonstrates the need to
reduce the Citv's water demand between 20% and 35%. Durina a Level 3
Drought Response condition, all persons using city water must comply with the
Level 1 and Level 2 Drought Response conditions, and must also comply with
the following additional rnandatory conservation measures:
1. Limit residential and commercial landscape irrioation to no more than one
day per week. The Citv Council may assign the day by resolution and the
qgned day shall be posted by the city. This section shall not ar)p!y_to
cornmercial arowers; or nurseries.
2. Stop filling or re-fillina ornamental lakes or ponds, except to the extent
needed to sustain aquatic life, provided that such animals are of sianificant
value and have been actively manaaed within the water feature prior to
declaration of a drouaht response level under this ordinance.
3. Limit filling swirnmina pools, spas, hot tubs,, iacuzzis, or children's wading
pools is limited to not more than one day per week, The Citv Council may
assion the day by resolution and the assianed day shall be posted by the
gql •
4. Anv additional or innovative actions to increase the supplv of water available
to the city and to conserve the citv's existing
,; water SUDDIV.
D. Level 4 Drought Response,
Declarina a Levels 4 Drouaht Response condition demonstrates the need to
reduce the Citv's water demand by 35% or more. Durina a Level 4 Drouaht
Response condition, all persons using city water must comply with the Level 1,
Level 2 and Level 3 Drouaht Response conditions,, and must also comply with
the followina additional rnandatory conservation measures:
1. All waterin!q without a drip irrigation or micro-spLgy system is vrohibited. This
restriction shall not ar)r)lv to the following cateciories of use unless the city
has determined that recvcled water is available and may be lawfully applied
to the use.
a. Maintenance of trees and shrubs that are watered on the same schedule
set forth in Subsection B by using a bucket,, hand-held hose with a
positive shut-off nozzle, or 10W-VOIUme non-sorav irrioation:
b. Maintenance of existinq landscapinq necessary for fire protection as
specified by the Fire Marshal of the local fire protection agencv havina
iurisdiction over the property to be irrigated-
e. Maintenance of existina landscaoina for erosion control,:
d. Maintenance of plant materials identified to be rare or essential to the
well being of rare animals-,
e. Maintenance of landscapina within active public parks and playing fields,
dav, care centers, school arounds, cemeteries, and C101f Course qEgens.,
ORDINANCE No. 1509
Page 7 of 10
provided that such irriciation does not exceed two (2) days, per week
according to the schedule established under Subsection B-
f. Watering of livestock-, and
g. Public works proiects and activelv irrigated environmental mitiaation
P19-in�ts,
2. Repair all water leaks within twentv-four (24) hours of notification by the citv
unless other arranqements are made with the Citv Manaaer.
3. atop fillina sWLiM_minQ pools, spas, hot tubs. and/or iaCUZZiS of any_Kind
whether in-around or above-around structures, including children's waqLng
pools.
4. Stop washina vehicles except at commercial carwashes that re-circulate
water, or by hiah pressureflow volume wash systems,
5. Additionaliv, no new potable water service shall be provided, no new
temporary meters or permanent meters shall 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) shall be
issued, except under the followina cirCUrnstances:
a. A valid, unexpired buildina permit has been issued for the project,, o
b. The Proiect is necessary to protect the public's health, safety, and
welfare, q�i
c. The applicant provides substantial evidence of an enforceable
commitment that water demands for the proiect will be offset prior to the
provision of a new water meter(s) to the satisfaction of city,
This provision shall 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 vear or less.
6. Any additional or innovative actions to increase the supply of water available
to the city and to conserve the citv's existing water supply.
In addition, the resolution declaring a Level 4 Drouqht Response may direct the
Citv Manaaer not to issue new water utility service connections for anv
development.
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ORDINANCE No. 1509
Page 8 of 10
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SECTION 10: ESMC § 10-5-24 is amended to read as follows:
10-5-24: ENFORCEMENT:
Anv violation of this chapter is a misdemeanor punishable by ur) to 30 days in
county fail and/or a fine of ura to $1,000. 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
irrelriitleri cue. It is the code enforcement officer's
responsibility to enforce this chapter.
SECTION 11: Environmental Review. This ordinance is exempt from review
under the California Environmental Quality Act (California Public Resources Code
§§ 21000, et seq., "CEQA") and CEQA Guidelines (14 California Code of
Regulations §§ 15000, et seq.) because it establishes rules and procedures to
clarify existing policies and practices related to water service; does not involve any
commitment to a specific project which could result in a potentially significant
physical impact on the environment; and constitutes an organizational or
administrative activity that will not result in direct or indirect physical changes in
the environment. This Ordinance is adopted, in part, for protection of the
environment. Accordingly, this Ordinance does not constitute a "project" that
requires environmental review (see specifically CEQA Guidelines § 15378(b)(2,
5)). Moreover, even if the Ordinance were a project, it constitutes a specific action
needed to mitigate an emergency in accordance with CEQA Guidelines § 15269(c)
and would be categorically exempt from additional environmental review.
SECTION 12: Construction. This Ordinance must be broadly construed in
order to achieve the purposes stated in this Ordinance. It is the City Council's intent
that the provisions of this Ordinance be interpreted or implemented by the City and
others in a manner that facilitates the purposes set forth in this Ordinance.
SECTION 13: Enforceability. Repeal or supersession of any provision of the
ESMC 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 or superseded part will remain
in full force and effect for sustaining action or prosecuting violations occurring
before the effective date of this Ordinance.
ORDINANCE No. 1509
Page 9 of 10
SECTION 14: Validity of Previous Code Sections. If this entire Ordinance or
its application is deemed invalid by a court of competent jurisdiction, any repeal or
amendment of the ESMC or other ordinance by this Ordinance will be rendered
void and cause such previous ESMC provision or other the city ordinance to
remain in full force and effect for all purposes.
SECTION 16: 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 16: Publication. The City Clerk is directed to certify the passage
and adoption of this Ordinance; cause it to be entered into the City's book of
original ordinances; make a note of the passage and adoption in the records of this
meeting; and within ten (10) days after the passage and adoption of this
Ordinance, cause it to be published in a newspaper of general circulation in
accordance with California law.
SECTION 17: Effective Date. This Ordinance will become effective on the
thirty-first (31St) day after its adoption.
ORDINANCE No. 1509
Page 10 of 10
PASSED, APPROVED, AND ADOPTED ORDINANCE No. 1509 on this 21St day
of July, 2015.
'u rte Fuentes
Mayor
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, 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. 1509 was duly introduced by said City Council at a
regular meeting held on the 7th day of July 2015, 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 21 st day of July 2015,
and the same was so passed and adopted by the following vote:
AYES: Mayor Fuentes, Mayor Pro Tern Jacobson, Council Member
Atkinson, Council Member Fellhauer, and Council Member Dugan
NOES: None
ABSENT: None
ABSTAIN: None
Dated this 21St day of July
Tracy Weav , City Clerk
APPROVED AS TO FORM:
T)j P
By: —
Mark D. Hensley, ity ttorney