City of Claremont

Agenda Report

TO COMMUNITY SERVICES COMMISSION

FROM SCOTT CARROLL DIRECTOR OF COMMUNITY SERVICES

DATE JUNE 11 2009

SUBJECT REVIEW OF DRAFT WATER CONSERVATION ORDINANCE

SUMMARY

A multi drought and additional factors including climate change population growth and habitat
year
protection rulings have caused the Metropolitan Water District of Southern California MWD to
announce that theywill be reducing the amount of water delivered to Southern California In order to
address this reduction MWD has asked member agencies and local governments to adopt water
conservation ordinances This request is consistent with City water conservation goals which call for
water conservation Golden State Water Company has also been directed by the California Public
Utilities Commission to put mandatory conservation measures in place by July 1 2009

To assist in developing effective ordinances the MWD has model water

agencies provided a
conservation ordinance that contains permanent water conservation requirements and a tiered
system of escalating water restrictions to be
implemented over three water alert levels MWD has
informed the City of Claremont that it must adopt a water conservation ordinance along with a written
implementation plan in order to remain eligible to receive certain MWD grant and rebate funding

Staff is asking the Community Services Commission to review the attached draft ordinance
Attachment A which is based on the MWD model ordinance and make a recommendation
regarding the ordinance to the City Council

Staff Recommendation

Staff recommends that the Community Services Commission recommend that the City Council adopt
the ordinance which adds Section 8 30 regarding water conservation to the Claremont MuniCipal
Code

ANALYSIS

Background

California isexperiencing its third consecutive year of drought The governor has proclaimed a water
emergency and is calling for water conservation efforts statewide In addition aquatic habitat issues
in Northern California increasing population growth decreasing supplies from the Colorado River
and climate change are all combining to magnify our current situation and create on
going concerns
over the long term dependability of our water supply

In response the MWD has allocated approximately 10 less imported water to each of its 26
member agencies in Southern California
beginning on July 1 2009 They plan to raise their water
rates by 20 to make up for the revenue shortfall anticipated by the lower water sales Water
agencies that do not meet MWD s water conservation targets will also pay penalty rates of up to
500 of current rates for water exceeding their target reduction

Both the Claremont General Plan and Claremont Sustainable City Plan include goals policies and
recommended actions to increase water conservation These actions call for working with our local
water providers to provide education incentives and enforcement
Community Services Commission
June 11 2009

Page 2 of 6

Partner Or anizations

Valleys Municipal Water District Three Valleys a MWD member agency is Claremont
s
Three
State Water Company Golden State is the retail water agency
wholesale water provider Golden
for Claremont Implementation of real water conservation measures requires cooperation between
Three Valleys Golden State and the City Each agency s duties lend in some way to effective
as the outline for what
implementation and enforcement of water conservation This section serves
memorandum of
expected to become the water conservation implementation plan
a
is

understanding between each party regarding what their implementation responsibiHties

are

Three Valleys Water District

Inform Golden State of its conservation target and charge penalty fees if allocation amount
is exceeded based on 1999 2008 baseline water usage data
As becomes available
funding conservation fixtures rebates and other incentives
provide
to persons and businesses trying to meet their water conservation targets

Golden State Water Company

On qoina Duties

water wise for home and business

Educate the public on strategies
Provide incentives to customers to make water efficiency improvements
in all voluntary conservation measures contained in Se tion A of
Facilitate participation
GSW current Rule 14 1 Water Conservation Plan

Special Duties for Water Shortaqes Note Golden State will perform theJolowing duties only
during times when they hav been authorized by the California public Utilities
Commission CPUC to perform mandatory conservation measures under an approved
Schedule 14 1

Inform each customer of their monthly conservation target for year beginning on July 1
2009 and ending June 30 2010 The anticipated conservation target foHhis period is a
10 reduction in the customer s historic use
who do hot meet their
Charge penalty water rates Penalty Charges to customers
conservation target
comply with water
Charge Water Use Violation Fines for customers who do not

restrictions use of water for non essential or unauthorized uses

Restrict flow shut off service to customers who continue to use excessive
or
temporarily
amounts of water even after being contacted by Golden State or City staff provided with
educational information charged penalty fees and warned of possible service

interruptions or
legal citations

City of Claremont

Assist Golden State in informing the public regarding ordinance requirements water wise
practices and legal ramifications of non compliance
Assist Golden State and Three Valleys in providing water conservation education and
incentives to citizens and businesses
Assist with enforcement of the City s ordinance at times when Golden State is not

authorized by the CPUC to enforce mandatory conservation measures

Community Services Commission
June 11 2009

Page 3 of 6

Description of Draft City Ordinance

The draft ordinance is based on the MWD model ordinance It includes a series of permanent
water conservation restrictions that in effect at all times regardless of the water supply situation
are

These measures are seen simply as best practices that should be utilized at all times in order to
ensure that current and future water
supply needs can be met The following permanent measures
are included in the proposed ordinance

Permanent Water Conservation Restrictions

No watering between the hours of 8 00 a m and 7 00 p m

Watering duration limited to 15 minutes watering per day per station
No excessive water flow or runoff from outdoor watering
No washing down hard or paved surfaces with water

Obligation to fix leaks breaks or malfunctions within five business days of notice
Re circulating water required for water fountains and decorative water features

Wash vehicles only with a bucket or hose with shut off nozzle
Restaurants only serve water upon request
Hotels must provide guests option to decline
daily linen laundering
No installation of single pass cooling systems

No installation of non recirculating commercial car wash and laundry systems

Restaurants required to use water conserving dish washing spray valves

In addition to these permanent measures the ordinance proposes three additional levels of
measures These levels generally correspond to MWD water alert levels or conservation targets
These additional levels are described below in Table 1 below The ordinance gives authority to
declare water level alerts to the City Manager with affirmation by the City Council at a following City
Council meeting This will allow the City to react quickly to emergency conditions while also allowing
the City a level of local autonomy to respond to MWD alert declarations only when the alerts apply to

specific conditions in Claremont

Provisions for this level of local autonomy were

provided for by the MWD in the model ordinance
Table 1
Level 1 Alert Level 2 Critical level 3 Emergency
Up to 10 Reduction Needed 11 to 30 Reduction Above 30 Reduction
Needed Needed
All permanent restrictions plus
All permanent restrictions All permanent restrictions plus all Level 2 restrictions plus
plus
Watering limited to 3 days Watering limited to 2 days No watering or
irrigating
per week per week with certain exceptions
Fix leaks within 72 hours Fix leaks within 48 hours Fix leaks within 24 hours

No re filling of ornamental
lakes or ponds
Commercial car washes
must be equipped with
recirculating systems
Limited filling of residential

pools and spas

Community Services Commission
June 11 2009

Page 4 of 6

Implementation Responsibilities Staffin

Beginning 1 2009 and extending through at least June 31 2010 Golden State Water will
on
July
be responsible for enforcing mandatory conservation measures that are
nearly identical to the
measures contained in this ordinance During this time
Golden State Water will have adequate
penalty mechanisms to handle all anticipated violations and the City s level of enforcement of this
ordinance will be very limited However during these times the City will strive to educate the public
regarding the contents of the City ordinance and the importance of responsible water usage

At times when Golden State Water is not authorized by the CPUC to enforce mandatory conservation
measures the may have a larger role in enforcement of water conservation measures Golden
City
State Water will still have primary responsibilities for assisting customers in conserving water and

informing them of best practices when possible violations are identified In extreme cases where a
violator is not responsive to multiple attempts by Golden State Water to resolve a potential water
violation the City may provide code enforcement staff to assess penalties and possibly prosecute the
violation as a misdemeanor under Section 8 30 100 of the draft ordinance

At all times the City will strive to educate the public regarding the contents of the
City ordinance and
the importance of responsible water In addition if
staff observes obvious water
use
City
conservation violations they may notify the property owner of the potential violation and informing
them of how it can be corrected or simply contact Golden State Water Company and ask them to
assist the property owner in correcting the potential violation It is expected that most issues will be
addressed through simple notification and education

Timeframe for Adoption

The following is a timeline for developing the ordinance and implementation plan

June 11 2009 Review of Draft Ordinance at Community Services Commission

June 18 2009 with Golden State and Three
Agreement Valleys on implementation
responsibilities
June 9 2009 First Reading of ordinance and approval of implementation plan
June 23 2009 Second Reading

July 23 2009 Ordinance becomes effective

This time frame is consistent with both the Sustainability City Plan and the City Manager s
Sustainability Embedment Plan which calls for adoption of a water conservation ordinance by

July 31 2009

Public Outreach

Golden State Water intends to do a public outreach campaign in support of their mandatory water
conservation measures which are set to become effective on July 1 2009 The following actions will
be taken by Golden State Water

Hold public hearing to discuss their proposed mandatory conservation

a and rationing
schedule on June 17th at the Claremont Doubletree Hotel

Make a presentation
regarding this plan to the Claremont City Council
Add periodic bill stuffers to water bills
regarding their measures
Publish newspaper ads
Community Services Commission
June 11 2009

Page 5 of 6

Provide web page information on conservation restrictions and penalties Ilelpful tips
rebate information and status updates
Distribute low flow toilets to Claremont customers on
Saturday June 27 2009 at
Claremont High School Target 500 toilets
Make water conservation kits available to all customers on demand dye tabs shower head
aerators info

In addition to Golden State s efforts the City will provide information on its water conservation
ordinance on the City Website and in City facilities

AB 1881 Model Water Efficient Landscape Ordinance

Current state law requires the City to implement water efficient

landscape ordinance beginning on
a

January 1 2010 The state has prepared model ordinance

requiring new landscaping to meet new
a

water efficient design standards as a condition of receiving a building permit or design review

approval This ordinance will apply to landscaping or re Iandscaping projects of more than 2 500
square feet in area It is a highly technical ordinance that will likely require property owners to hire a
qualified landscape professional to develop a water budget and utilize water efficient plants and
irrigation for new landscape construction projects This ordinance will automatically go into effect on
January 1 2010 unless the City adopts its own equally effective ordinance prior to that date Staff
will bring forward a recommendation on this model ordinance in the next few months

COMMITTEE REVIEW

On May 4 2009
the Sustainability Committee reviewed the MWD Model Water Conservation
Ordinance and recommended that the City Council approve the model ordinance with the following
additions

Add incentive programs that help citizens and businesses conserve water
Add education programs with partners such as Golden State Three and Rancho
Valleys
Santa Ana Botanic Garden to help citizens and businesses conserve water

Staff believes that general references about the availability of incentive and education programs can
be added to the ordinance but details should be reserved for policy documents such as the
implementation plan that may accompany the ordinance The MWD Model Water Conservation
ordinance is designed to be a legal enforcement document Incentive programs and funding
availability tend to change regularly and therefore do lend themselves to legal codification

CITY COUNCIL INITIAL REVIEW

On
May 12 2009 the City Council reviewed an outline of the MWD Model Ordinance and heard from
Golden State Water about their plans for water conservation The council directed staff to prepare
an ordinance in
keeping with the MWD model and take it to the Community Services Commission for
review returning to the City Council for review and adoption The council also directed staff to
prior to

develop staffing plan and work with Golden State Water and Three Valleys to prepare an
a

agreement that identifies the enforcement responsibilities of each party

FINANCIAL REVIEW

The financial impact of implementing this ordinance could be significant Code enforcement staff
could be necessary to enforce portions of the ordinance Staff time could also be required for
educating the public and or providing incentives Staff should work with Golden State and Three
Community Services Commission
June 11 2009

Page 6 of 6

Valleys to reach a formal agreement as to which parts of the ordinance will be implemented by each

pa rty

CEQA REVIEW

Staff has concluded that City adoption of the MWD Model Water Conservation Ordinance or similar
water conservation ordinance would be exempt from the California Environmental Quality Act in
accordance with Sections 15307 and 15308 of the California Environmental Protection Act
Guidelines These sections exempt actions taken by regulatory agencies for the protection of natural
resource and or the environment

PUBLIC NOTICE PROCESS

This item has been noticed regular agenda notification process Copies are available at
through the
the City Hall
public counter the Youth
Activity Center the Alexander Hughes Community Center the
City website and the Claremont Public Library Additional copies of this report were e mailed to the
Claremont Sustainability Committee local water agencies and other citizens who have expressed
interest in water conservation

ALTERNATIVES TO STAFF RECOMMENDATION

In addition to the staff recommendation the following alternatives have been identified

1 Recommend revisions to the draft water conservation ordinance and recommend that the City
Council adopt the revised ordinance

2 Review the attached draft water conservation ordinance and recommend that the City Council
not adopt the ordinance

3 Continue discussion of the water conservation ordinance as more time and or information is

necessary before providing direction to staff

Submitted by

Scott Carroll Veirs

Christopher
Director of Community Services Senior Planner Sustainability Coordinator

Attachment A Draft Water Conservation Ordinance adding Section 8 30 to the Claremont City
Code

c Claremont Sustainability Committee bye mail

Jeffrey C Parker City Manager
Alice Shiozawa Golden State Water
Rick Hansen Three Valleys Municipal Water District
Cindy DeChaine Three Valleys Municipal Water District
Raymond Jay Metropolitan Water District of Southern California
Bruce Spena Claremont University Consortium
 ATTACHMENT A

DRAFT 6 4 09
ORDINANCE NO

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLAREMONT CALIFORNIA

AMENDING TITLE 8 OF THE CLAREMONT MUNICIPAL CODE ADDING A NEW CHAPTER
8 30 TO
ESTABLISH A WATER CONSERVATION AND WATER SUPPLY SHORTAGE
PROGRAM AND REGULATIONS

WHEREAS the City has established policies of sustainability and addressed these issues
as
part of the City s General Plan and

WHEREAS as set forth in the Open Space Parkland Conservation and Air Quality
Element of the General Plan the City encourages sustainable practices including
achieving the
highest level of water conservation possible and

WHEREAS set forth in the Claremont Sustainable

as
City Plan which was adopted by the
CityCouncil in October 2008 and calls for the City to adopt a water conservation ordinance and
work to reduce the water consumption in our City to sustainable levels and

WHEREAS a reliable minimum supply of potable water is essential to the health

public
safety and welfare of the people and economy of the Southern California region and

WHEREAS Southern California is a semi arid region that is largely dependent upon
imported water supplies A growing population climate change environmental concerns and
other factors in other parts of the State and Western United States make the
region highly
susceptible to water supply reliability issues and

WHEREAS from time to time drought conditions in the State of California have resulted in
reduced supplies of imported water and or local groundwater and

WHEREAS careful water management that includes active water conservation measures
not only in times of drought but at all times is essential to ensure a reliable minimum supply of
water to meet current and future water
supply needs and

WHEREAS Article XI Section 7 of the California Constitution declares that a

city or county
may make and enforce within its limits all local police sanitary and other ordinances and
regulations not in conflict with general laws and

WHEREAS Golden State Water Company the

privately owned retail water provider for
the City of Claremont has requested the City s assistance in enforcing water conservation
restrictions even in times when mandatory water conservation measures are not in effect in the
City and

WHEREAS on May 12 2009 the City Council studied potential water conservation
measures and provided direction to staff as to what regulations were
appropriate for Claremont and

WHEREAS on 2009 the Community Services Commission of

the
City of Claremont held a duly noticed public hearing on this Ordinance at which time all persons
wishing to testify in connection with this Ordinance were heard and after considering all public
comments recommended that the
City Council adopt this Ordinance and

WHEREAS on 2009 the City Council of the City of Claremont

held a
duly noticed public hearing at which time all persons
wishing to testify in connection with this
Ordinance were heard and
Ordinance No
2 of 11
Page

WHEREAS after considering all public comments the City Council determined that this
Ordinance is in the best interest of the City and

WHEREAS adoption of this Ordinance is exempt from the Califomia Environmental

the
as these
Quality Act CEQA pursuant to Sections 15307 and 15308 of the CEQA Guidelines
sections exempt actions taken by regulatory agencies for the protection of natural resources
and or the environment and

WHEREAS this Ordinance is in the best interest of the City for the following reasons

a The provisions contained in this Ordinance are necessary for the health safety and

general welfare of the community

with the
b The water conservation regulations in this Ordinance are consistent
General Plan and further the implementation of the General Plan

c The water conservation regulations in this ordinance promote the following goals
and policies of the City

General Plan Goal 5 15 Achieve the highest level of water conservation possible

General Plan Policy 5 2

15 Educate the public about the importance of water
conservation and avoiding wasteful water habits

General Plan Policy 5 15 3 Work with the City water provider in exploring water
conservation programs and encourage the water provider to offer incentives for
water conservation

Claremont Sustainable City Plan Goal 1 2 Minimize waste of water resources by

advocating and implementing wise use and conservation measures

d This ordinance satisfies Action 2 6 of the Claremont Sustainable

1 City Plan which

calls for adoption of a water efficiency ordinance

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF CLAREMONT DOES

ORDAIN AS FOLLOWS

SECTION 3 Title 8 of the Claremont Municipal Code of the City of Claremont is hereby
amended to add a new chapter 8 30 to read as follows

Chapter 8 30

Water Conservation

Sections
8 30 010 Purpose
8 30 020 Definitions
8 30 030 Application
8 30 040 Permanent Water Conservation Requirements
Ordinance No
Page 3 of 11

8 30 050 Level 1 Water Supply Shortage

8 30 060 Level 2 Water Supply Shortage
8 30 070 Level 3 Water Supply Shortage Emergency Condition
8 30 080 Procedures for Determination Notification of Water
Supply Shortage
8 30 090 Hardship Waiver
8 30 100 Penalties and Violations

8 30 010 PURPOSE

The purpose of this Chapter is to establish a water conservation and

supply shortage program
that will reduce water consumption within the City of Claremont through conservation assist in
effective water supply planning assure 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 shortages to the greatest extent possible

This Chapter establishes water conservation restrictions intended to alter behavior related to water
use
efficiency at all times and further establishes three 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

8 30 020 DEFINITIONS

The following definitions shall apply to this Chapter

1 Person means any natural person or persons corporation public or private

entity governmental agency or institution or any other user of water in the City of
Claremont

2 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

3 Large landscape lawn

areas means a landscape or other vegetated area or
combination thereof equal to more than one 1 acre of jrrigable land

4 Lawn landscape other

or
vegetated area means any plant material

5 local Retail Water Agency means any agency or privately owned company
that provides water to residents businesses and other water users in the City of
Claremont

6 Single pass cooling systems means equipment where water is circulated

only once to cool equipment before being disposed

7 Potable water means water which is suitable for drinking

8 Recycled water means the reclamation and reuse of non

potable water for
beneficial use as defined in Title 22 of the California Code of Regulations
Ordinance No

Page 4 of 11

8 30 030 Application

The of this chapter apply to any person in the use of any potable water in the
a
provisions
City

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

The of this do not apply to the use of recycled water with the
c
provisions Chapter
exception of Section 8 30 040 a

d The of this Chapter do not

provisions 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

f Where any provision of the Claremont Municipal Code is in conflict with this Chapter the

provision of this Chapter shall take precedence

8 30 040 Permanent Water Conservation Requirements

The following water conservation requirements are effective at all times Any person who
violates this section shall be subject to the penalties for violation as set forth in Section 8 30 100
and this Code

a Limits on Watering Hours Outdoor

watering or irrigating of lawn landscape or any
other vegetated area with
potable water is
prohibited between the hours of 8 00 a m
and 7 00 p m Pacific Standard Time PST 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 Duration Watering or irrigating of lawn landscape or other

on
Watering
vegetated with potable
area 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 use very low flow drip type irrigation systems when no emitter
exclusively
produces than
more two 2 gallons of water per hour and weather based controllers or
stream 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
Ordinance No
5 of 11
Page

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
Obligation to Fix Leaks
Breaks or Malfunctions Excessive use loss or escape of
water through breaks leaks or other malfunctions in the water user s plumbing or
distribution system for any period of time after such escape of water should have
reasonably been discovered and corrected and in no event more than five 5 business
days of receiving notice from Golden State Water or the City of Claremont is prohibited

f Re circulating Water Required for Water Fountains and Decorative Water

Features Operating a water fountain or other decorative water feature that does not
use re circulated water is prohibited

g Limits Washing Vehicles Using water to wash or clean a vehicle including but not
on

limited to any automobile truck van bus motorcycle boat or trailer whethef motorized
or not is
prohibited except by use of a hand held bucket or similar containef Of 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

h Drinking Water Served Upon Request Only Eating or drinking establishments

includingbut not limited to a restaurant hotel cafe cafeteria baf or other
public place
whefe food or drinks are sold served or offered for sale are prohibited from providing
drinking water to any person unless expressly requested

i 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

j No Installation of Single Pass Cooling Systems Installation of single pass cooling

systems is prohibited in buildings requesting newwater service

k No Installation of Non re circulating Commercial Car Wash and Laundry

Systems
Installation of non re circulating water systems is prohibited in new commercial
conveyor
car wash and new commercial
laundry systems

I Restaurants Required to Use Water Conserving Dish Wash Spray Valves Food
preparation establishments such as restaurants or cafes are prohibited from using non
water conserving dish wash spray valves

8 30 050 level 1 Water Supply Shortage

a A Level 1 Water Supply Shortage exists when the City Manager determines in his or her
sole discretion that due to drought or other water supply conditions a water supply
shortage or threatened shortage exists and a consumer demand reduction is necessary
to make more efficient use of water and appropriately
respond to existing water
conditions Upon the declaration by the City Manager of a Level 1 Water Supply
Ordinance No
Page 6 of 11

Shortage condition the City will implement the mandatory Level 1 conservation
measures identified in this Section Following the City Manager s declaration he or she
shall agendize before the City Council an item for the council to affirm the declaration

a Level 1 Water Supply Shortage is warranted when a reduction in consumer

Generally
demand of up to 10 percent is needed to respond to existing water conditions
Conditions to be considered by the City Manager and City Council in declaring a water
supply shortage include but are not limited to time of year local rainfall totals
regionalsubregional water district s Water Supply Allocation Plans groundwater use
local or regional
programs State Water Project allocations or anticipated allocations
water system emergencies or natural disasters that cause
damage to water supplies or

water distribution system

b Additional Water Conservation Measures In addition to the prohibited uses of water

identified in Section 8 40
30 the following water conservation requirements apply during
a declared Level 1 Water Supply Shortage Any person in violation of this Subsection
shall be subject to the penalties for violation as set forth in Section 8 30 100 and this

Code

1 Limits on
Watering Days Watering or irrigating of lawn landscape or other
vegetated area with potable water is limited to three 3 days per week on a
schedule established and posted by the City of Claremont During the months of
November through March watering or irrigating of lawn landscape or other
vegetated area with potable water is limited to no more than one day per week
on a schedule established and posted by the City of Claremont This provision

does not apply to landscape irrigation zones that exclusively use very low flow
drip type irrigation systems when no emitter produces more than two 2 gallons
of water per hour This provision also does not apply to watering or irrigating 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

2 to Fix Leaks Breaks or Malfunctions All leaks breaks or other

Obligation
malfunctions in the water user s plumbing or distribution system must be repaired
within seventy two 72 hours of notification by the City of Claremont or a Local
Retail Water Agency unless other arrangements are made with the City or Local
Retail Water Agency

8 30 060 Level 2 Water Supply Shortage

a A Level 2 Water Supply Shortage exists when the City Manager determines in his or
her sole discretion that due to drought or other water supply conditions a water supply
shortage or threatened shortage exists and a consumer demand reduction is necessary
to make more efficient use of water and appropriately respond to existing water
conditions Upon the declaration by the City Manager of a Level 2 Water Supply
Shortage condition the City will implement the mandatory Level 2 conservation
measures identified in this Section Following the City Manager s declaration he or she
agendize before the City Council an item for the council to affirm the declaration
shall
Generally a Level 2 Water Supply Shortage is warranted when a reduction in consumer
demand of 11 to 30 percent is needed to respond to existing water conditions
Ordinance No
7 of 11
Page

b Additional Conservation Measures In addition to the prohibited uses of water

identified in Section 8 30 040 and 8 30 050 the following additional water conservation
requirements apply during a declared Level 2 Water Supply Shortage

1 Watering Days Watering or irrigating of Iawn landscape or other vegetated

area with potable water is limited to two 2 days per week on a schedule
established and posted by the City of Claremont During the months of
November through March watering or irrigating of lawn landscape or other
vegetated area with potable water is limited to no more than one day per week
on a schedule established and
posted by the City of Claremont This provision
does not apply to landscape irrigation zones that exclusively use very low flow
drip type irrigation systems when no emitter produces more than two 2 gallons
of water per hour This provision also does not apply to watering or irrigating 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

2 Obligation to Fix Leaks Breaks or Malfunctions All leaks breaks or other

malfunctions in the water plumbing
user s distribution system must be repaired
or

within forty eigbt 48 hours of notification by the City of Claremont or the Local
Retail Water Agency unless other arrangements are made with the either the City
or Local Retail Water Agency

3 Limits Filling Ornamental Lakes or Ponds Filling or re filling ornamental

on

lakes orponds is prohibited except to the extent needed to sustain aquatic life
provided that such animals are of significant value and have been actively
managed within the water feature prior to declaration of a supply shortage level
under this ordinance

4 Limits on
Washing Vehicles Using 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 a hand held hose equipped with a positive self closing water
shut off nozzle or device by high pressure low volume wash systems or at a

commercial car washing facility that utilizes a re

circulating water system to
capture or reuse water

5 Limits on Filling Residential Swimming Pools Spas Re filling of more than

one foot and initial of residential
filling swimming pools or outdoor spas with
potable water is prohibited

8 30 070 Level 3 Water Supply Shortage Emergency

a A Level 3 Water Supply Shortage condition is also referred to as an Emergency

condition A Level 3 condition exists when the City Manager declares a water shortage
emergency and notifies its residents and businesses that a significant reduction in
consumer demand is necessary to maintain sufficient water supplies for public health

and safety Upon the declaration of a Level 3 Water Supply Shortage condition the City
will implement th mandatory Level 3 conservation measures identified in this Section
Following the City Manager s declaration he or she shall agendize before the City
Ordinance No
Page 8 of 11

Council item for the council to affirm the declaration

an Generally a Level 3 Water
Supply Emergency is warranted when a reduction in consumer demand of more than 30
percent is needed to respond to existing water conditions

b Additional Conservation Measures In addition to theprohibited uses of water

identified in Section 8 30 040 8 30 050 and 8 30 060 the
following water conservation
requirements apply during a declared Level 3 Water Supply Shortage Emergency

1 No Watering or Irrigating Watering or irrigating of lawn landscape or other

vegetated area with potable water is prohibited This restriction does not apply to
the following categories of use unless the City has determined that recycled
water is available and may be applied to the use

i Maintenance of vegetation including trees and shrubs that are watered

using a hand held bucket or similar container hand held hose equipped
with a positive self closing water shut off nozzle or device

ii Maintenance of existing landscape necessary for fire protection

iii Maintenance of existing landscape for soil erosion control

iv Maintenance of plant materials identified to be rare or essential to the

wellbeing of protected species

v Maintenance of landscape within active public parks and playing fields

day care centers golf course greens and school grounds provided that
such irrigation does not exceed two 2 days per week according to the
schedule established in Section 8 30 060 b 1 and time restrictions in

Section 8 30 040 a and b

vi Actively irrigated environmental mitigation projects

2 Obligation to Fix Leaks Malfunctions All leaks breaks or other

Breaks or

malfunctions inany person plumbing or water distribution system must be

s

repaired within twenty four 24 hours of notification by the City or Local Retail
Water Agency unless other arrangements are made with the City or Local Retail
Water Agency

8 30 080 Procedures for Determination Notification of Water Supply Shortage

a Declaration and Notification of Water Supply Shortage The existence of Level 1

Level 2 or Level 3 Water
Supply Shortage conditions may be declared by the City
Manager and affirmed by resolution of the City Council adopted at a regular or special
public meeting held in accordance with State law The mandatory conservation
requirements applicable to Level 1 Level 2 or Level 3 conditions will take effect ten 10
days after the date the shortage level is declared Within five 5 days following the
declaration of the shortage level the City Council must publish a copy of the resolution
in a newspaper used for publication of official notices

b Declaration and Notification that a Water Supply Shortage Has Ended The City
Council may declare an end to a water supply shortage situation upon recommendation
Ordinance No

Page 9 of 11

from the City Manager or designee by approval of a resolution at a

regular or
special
public meeting of the City Council

8 30 090 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 users then the person may apply for
a waiver to the requirements as provided in this section

b Written Finding The waiver may begranted 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

and accompanied by a non refundable processing fee in an amount set by City
Council resolution

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 Community Development Director 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 Local Retail Water Agency or its Agent all of the following

i That the waiver does not constitute a grant of special privilege

inconsistent with the limitations upon other residents and businesses

ii That because of special circumstances applicable to the property or its

use the strict
application of this chapter would have a disproportionate
on the
impact property or use that exceeds the impacts to residents and
businesses generally

iii 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
Council to effectuate the purpose of this chapter and will not be
detrimental to the public interest and

iv That the condition or situation of the

subject property or the intended use
of theproperty for which the waiver is sought is not common recurrent or
general in nature

4 Approval Authority The City Manager his

or
designee must act upon any
completed application no later than ten 10 days after submittal and may
approve conditionally approve or deny the waiver The applicant requesting the
Ordinance No

Page 10 of 11

waiver must be promptly notified in

writing of any action taken Unless specified
otherwise at the time a waiver is
approved the waiver will apply too the subject
property during the period of the mandatory water supply shortage condition
The decision of the Director of Community Development will be final

8 30 100 Penalties and Violations

a Misdemeanor Any violation of this chapter may be prosecuted as a misdemeanor

punishable by imprisonment in the county jail for not more than thirty 30 days or by a
fine not exceeding one thousand dollars 1 000 or by both

b Penalties Penalties for failure to comply with any provisions of the ordinance are as

follows

1 First Violation The City may issue a written warning and deliver a
copy of this
ordinance by mail to a violator

2 Second Violation A second violation within the

preceding twelve 12 calendar
months is punishable by a fine not to exceed one hundred dollars 100

3 Third Violation A third violation within the preceding twelve 12 calendar

months is punishable by a fine not to exceed two hundred and fifty dollars 250

4 Fourth and Subsequent Violations A fourth and any subsequent violation is

punishable by a fine not to exceed five hundred dollars 500

c
Separate Offenses Each day that violation of this is
a
chapter occurs a separate
offense

SECTION 2 Severability 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 Council 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 or is declared invalid

SECTION 3 The mayor shall sign this ordinance and the city clerk shall attest and certify
to the passage and adoption of it and within fifteen 15 days publish in the Claremont Courier a
semi weekly newspaper of general circulation printed published and circulated in the City of
Claremont and thirty 30 days thereafter it shall take effect and be in force

PASSED APPROVED AND ADOPTED this day of 200

Mayor City of Claremont

Ordinance No
11 of 11
Page

ATTEST

City Clerk City of Claremont

APPROVED AS TO FORM

City Attorney City of Claremont

U WATER
CVEIRS CLAREMONT WATER CONSERVATION ORD