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City

of Claremont

Agenda Report

TO

COMMUNITY SERVICES COMMISSION SCOTT CARROLL JUNE 11 2009

FROM

DIRECTOR OF COMMUNITY SERVICES

DATE

SUBJECT

REVIEW OF DRAFT WATER CONSERVATION ORDINANCE

SUMMARY
A multi year

drought

and additional factors

including

climate

change population growth
of Southern California to Southern California

and habitat
MWD to

protection rulings have caused the Metropolitan Water District announce that theywill be reducing the amount of water delivered

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

agencies

in

developing

effective

ordinances water

the MWD has
conservation

conservation ordinance

that contains permanent

provided a requirements

model water and a tiered

system of escalating

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

water restrictions to be

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 the ordinance to the City Council regarding
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

experiencing its third consecutive year of drought The governor has proclaimed a water 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
emergency and is less imported water to each of its 26 approximately 10 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
member

California is

In response

the MWD has allocated

agencies

in Southern California

Both the Claremont General Plan and Claremont Sustainable
recommended actions to increase water conservation water

City

Plan include goals

policies
with
our

and
local

These actions call for

working

providers

to

provide

education incentives and enforcement

Community
June 11

Services Commission

2009

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2 of 6

Partner Or

anizations

s Valleys Municipal Water District Three Valleys a MWD member agency is Claremont 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 Each agency s duties lend in some way to effective Three Valleys Golden State and the City as the outline for what implementation and enforcement of water conservation This section serves a memorandum of is expected to become the water conservation implementation plan are understanding between each party regarding what their implementation responsibiHties

Three

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 conservation fixtures rebates and other incentives

funding

to persons and businesses Golden State Water Company On qoina Duties Educate the

provide trying to meet

their water conservation targets

public

on

water wise

strategies

for home and business

Provide incentives to customers to make water
Facilitate

efficiency improvements
measures

participation

in all

voluntary conservation

contained in

Se tion A of

GSW current Rule 14 1 Water Conservation Plan

Note Golden State will perform theJolowing duties only Special Duties for Water Shortaqes 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 2009 and 10 conservation

monthly

target

for year

ending June 30 2010 The anticipated reduction in the customer s historic use

conservation

beginning on July 1 target foHhis period is a
who do hot meet their

Charge penalty water rates Penalty Charges to customers conservation target Charge Water Use Violation Fines for customers who do
restrictions
use or

not

comply
use

with

water

of water for

non

essential

or

unauthorized

uses

Restrict flow

temporarily
even

shut off service to customers who continue to

excessive

amounts of water

after

being

contacted

educational

interruptions
City of Claremont

information charged or legal citations

penalty

by Golden State or City staff provided with fees and warned of possible service

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 enforcement of the City s ordinance at times when Golden State authorized by the CPUC to enforce mandatory conservation measures
Assist with is not

Community
June 11

Services Commission

2009

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Description

of Draft City Ordinance the MWD model ordinance
are

The draft ordinance is based

on

It includes

a

series of

permanent

in effect at all times regardless of the water supply situation 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
water conservation restrictions that
are

included in the

proposed

ordinance

Permanent Water Conservation Restrictions

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
No Restaurants Hotels must

only

serve

water upon

request

daily linen laundering provide guests option 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

to decline

permanent

measures

the

ordinance

proposes three additional levels of
or

measures

These levels

generally correspond

to MWD water alert levels

conservation

targets

The ordinance gives authority to These additional levels are described below in Table 1 below 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
were

Provisions for this level of local autonomy Level 1 Alert 10 Reduction Needed

provided

for

by the

MWD in the model ordinance

Table 1 Level 2 11 to 30

Up to

Critical Reduction All

level 3 Above 30

Emergency
Reduction restrictions

Needed
All permanent restrictions

Needed

permanent
No

plus

All

permanent Watering
per week

restrictions plus

all Level 2 restrictions

plus plus

Watering
per week

limited to 3 days

limited to 2

days

watering

or

irrigating

with certain exceptions
Fix leaks within 24 hours of ornamental

Fix leaks within 72 hours

Fix leaks within 48 hours

No lakes

re

filling

or

ponds
washes equipped with
car

Commercial must be

recirculating systems
Limited filling of residential pools and spas

Community
June 11

Services Commission

2009

Page

4 of 6

Implementation Responsibilities Staffin

Beginning
be
measures

on

July

1

2009

and

extending through

at least June 31
measures

2010 Golden State Water will
are

responsible for enforcing

mandatory

conservation

that

nearly

identical to the

Golden State Water will have adequate During mechanisms to handle all anticipated violations and the City s level of enforcement of this penalty ordinance will be very limited However during these times the City will strive to educate the public

contained in this ordinance

this time

regarding

the contents of the

City ordinance

and the

importance by

of

responsible

water usage

At times when Golden State Water is not authorized
measures

the CPUC to enforce

mandatory

conservation

may have a larger role in enforcement of water conservation measures Golden State Water will still have primary responsibilities for assisting customers in conserving water and

the

City

informing

them of best

violator is not

violation the violation as a misdemeanor under Section 8 30 100 of the draft ordinance
At all times the the

practices when possible violations are identified In extreme cases where a responsive to multiple attempts by Golden State Water to resolve a potential water City may provide code enforcement staff to assess penalties and possibly prosecute the

City ordinance and staff observes obvious water 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
importance of responsible
water
use

City

will strive to educate the

public regarding
In addition

the contents of the

if

City

assist the addressed

property

owner

in

correcting

the

potential

violation

It is

expected

that most issues will be

through simple

notification and education

Timeframe for Adoption The is

following

a

timeline for

developing

the ordinance and

implementation plan
Services Commission Three
of

June 11

2009

Review of Draft Ordinance at

Community

June 18 2009

June 9 2009 June 23 2009

Agreement responsibilities First Reading of ordinance Second Reading

with

Golden

State and
and

Valleys

on

implementation

approval

implementation plan

July
This

23 2009

Ordinance becomes effective

time frame is consistent with both the Sustainability Sustainability Embedment Plan which calls for adoption of

City
a

Plan and the

water conservation

City Manager s 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

public hearing to discuss their proposed mandatory conservation 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
a

Hold

and

rationing

schedule

Publish newspaper ads

Community
June 11

Services Commission

2009

Page

5 of 6

Provide web page information on conservation rebate information and status updates
Claremont

restrictions and penalties
on

Ilelpful tips
27 2009 at

Distribute low flow toilets to Claremont customers High School Target 500 toilets
Make water conservation kits available to all customers

Saturday
demand

June

on

dye

tabs shower head

aerators info In addition to Golden State
on s

efforts

the

City

will

provide information

on

its water conservation

ordinance

the

City

Website and in

City

facilities
Ordinance
a

AB 1881 Model Water Efficient

Landscape
to

Current state law
1 2010

landscape ordinance beginning on January requiring new landscaping to meet new 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 It is a highly technical ordinance that will likely require property owners to hire a square feet in area 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 requires
The state has

the

City

implement
a

water efficient

prepared

model ordinance

will

bring forward

a

recommendation

on

this model ordinance in the next few months

COMMITTEE REVIEW On

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

May

4

2009

Add incentive programs that

help

citizens and businesses
such
as

conserve

water

Add education programs with Santa Ana Botanic Garden to

partners

Golden State Three

Valleys
water

and Rancho

help

citizens and businesses

conserve

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 that may accompany the ordinance The MWD Model Water Conservation implementation plan 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

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

On

returning to the City Council for review and adoption The council also directed staff to develop staffing plan and work with Golden State Water and Three Valleys to prepare an agreement that identifies the enforcement responsibilities of each party
prior
a

to

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
June 11

Services Commission

2009

Page

6 of 6

Valleys pa rty

to reach

a

formal

agreement

as

to which

parts

of the ordinance will be

implemented by

each

CEQA REVIEW Staff has concluded that

City adoption

water conservation ordinance would be

of the MWD Model Water Conservation Ordinance or similar 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

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

through

the

counter the Youth

interest in water conservation

ALTERNATIVES TO STAFF RECOMMENDATION
In addition to the staff recommendation 1

the

following

alternatives have been identified

Recommend revisions to the draft water conservation ordinance and recommend that the
Council

City

adopt the

revised ordinance

2

Review the attached draft water conservation ordinance and recommend that the not

City

Council

adopt

the ordinance

3

Continue discussion of the water conservation ordinance necessary before providing direction to staff

as

more

time and

or

information is

Submitted

by

Scott Carroll Director of

Christopher
Services

Veirs

Community

Senior Planner

Sustainability

Coordinator

Attachment

A

Draft Water Conservation Ordinance

adding

Section 8 30 to the Claremont

City

Code

c

Claremont Sustainability Committee Jeffrey C Parker City Manager
Alice Shiozawa Golden State Water Rick Hansen Three

bye

mail

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 PROGRAM AND REGULATIONS WHEREAS the
as

AND WATER SUPPLY

SHORTAGE

City

has established

policies

of

sustainability

and addressed these issues

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

City Plan which was adopted by the Council 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
as

WHEREAS

set forth in the Claremont Sustainable

City

WHEREAS

a

safety

and welfare of the

reliable minimum supply of potable water is essential to the people and economy of the Southern California region and

public

health

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 supplies of imported water and or local groundwater and

reduced

WHEREAS careful water management that includes active water conservation measures 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
not

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 the Golden State Water Company the privately owned retail water provider for has requested the City s assistance in enforcing water conservation in times when mandatory water conservation measures are not in effect in the

City
and

of Claremont
even

restrictions

City

WHEREAS
measures

on

and

provided

May 12 2009 the City Council studied direction to staff as to what regulations were

potential water conservation appropriate for Claremont and

WHEREAS on 2009 the Community Services Commission of 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
the

WHEREAS held
a

on

2009 the
at which time all persons

duly

noticed

public hearing

City Council of the City of Claremont wishing to testify in connection with this

Ordinance were heard and

Ordinance No

Page

2 of 11

after considering all public comments the Ordinance is in the best interest of the City and WHEREAS WHEREAS
the

City

Council determined that this

adoption of this Ordinance is exempt from the Califomia Environmental 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
a

this Ordinance is in the best interest of the

City

for the

following

reasons

provisions contained in this Ordinance are general welfare of the community
The The water conservation

necessary for the health

safety

and

b

General Plan and further
c

regulations in this Ordinance are consistent the implementation of the General Plan regulations
in this ordinance

with

the

The water conservation and policies of the City

promote

the

following goals

General Plan Goal 5 15 Achieve the

highest

level of water conservation

possible
of water

2 15 Educate the public about the General Plan Policy 5 conservation and avoiding wasteful water habits

importance

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 advocating and implementing wise use and conservation measures
d
resources

by

This ordinance satisfies Action calls for

2 1 6 of the Claremont Sustainable

City

Plan

which

adoption

of a water

efficiency

ordinance

NOW

THEREFORE

THE

CITY COUNCIL

OF THE

CITY OF CLAREMONT DOES

ORDAIN AS FOLLOWS Title 8 of the Claremont Municipal Code of the SECTION 3 amended to add a new chapter 8 30 to read as follows

City

of Claremont is

hereby

Chapter

8 30

Water Conservation Sections
8 30 010 8 30 020 8 30 030 8 30 040

Purpose
Definitions

Application
Permanent Water Conservation

Requirements

Ordinance No

Page

3 of 11

8 30 050 Level 1 Water 8 30 060 Level 2 Water 8 30 070 8 30 080 8 30 090 8 30 100

Level 3 Water

Supply Shortage Supply Shortage Supply Shortage

Procedures for Determination Notification of Water

Emergency Condition Supply Shortage

Hardship

Waiver

Penalties and Violations

8 30 010 PURPOSE The purpose of this Chapter is to establish a water conservation and that will reduce water consumption within the City of Claremont effective water water

supply shortage through conservation

program assist in

supply planning shortages

assure use

and maximize the efficient
of water to the

reasonable and beneficial use of water prevent waste of of water within the City to avoid and minimize the effect and

hardship
This
use

greatest extent possible

Chapter establishes water conservation restrictions intended to alter behavior related to water 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 definitions shall Person

The

following
1

apply

to this

Chapter private City of

means

entity governmental
Claremont
2

any natural person or persons corporation public or agency or institution or any other user of water in the

Landscape irrigation system means spray heads or sprinkling devices that
automated

an

are

irrigation system with pipes hoses operated by hand or through an

system
areas means a

3

Large landscape

lawn

landscape
1
acre

combination thereof
4 Lawn

equal

to more than one

or other vegetated of jrrigable land

area

or

landscape

or

other

vegetated
means

area

means

any

plant

material

5

local Retail Water Agency that provides water to residents Claremont

any agency or privately owned company businesses and other water users in the City of

6

Single
only

pass

once

to cool

cooling systems means equipment equipment before being disposed
means

where water is circulated

7

Potable water

water which is suitable for

drinking

8

Recycled
beneficial

water

use as

means the reclamation and reuse of non potable water for defined in Title 22 of the California Code of Regulations

Ordinance No

Page

4 of 11

8 30 030

Application provisions
of this

a

The

chapter apply

to any person in the

use

of any

potable

water in the

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

c

The

provisions

of this

Chapter
a

do not

apply

to the

use

of

recycled

water

with the

exception
d The and

of Section 8 30 040

of this Chapter do not commercial growers to sustain intended for commercial sale

provisions

apply to the use of water by commercial nurseries plants trees shrubs crops or other vegetation

e

This

Chapter is intended solely to further the conservation of water It is implement any provision of federal State or local statutes ordinances relating to protection of water quality or control of drainage or runoff

not intended to
or

regulations

f

Where any provision of the Claremont Municipal Code is in conflict with this provision of this Chapter shall take precedence
Permanent Water Conservation

Chapter

the

8 30 040

Requirements Any person who in Section 8 30 100

The

following

water conservation

violates this section shall be
and this Code

requirements are effective at all times subject to the penalties for violation as set forth

a

watering or irrigating of lawn landscape or any prohibited between the hours of 8 00 a m potable 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
other

Limits

Watering vegetated area
on

Hours
with

Outdoor

water is

b

Limit

on

Watering
area

Duration

with potable 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

vegetated

water

Watering or irrigating of lawn landscape or other using a landscape irrigation system or a watering

use very low flow drip type irrigation systems when no emitter than two 2 gallons of water per hour and weather based controllers or produces stream rotor sprinklers that meet a 70 efficiency standard

systems

that

exclusively

more

c

No Excessive Water Flow

other
onto

or Runoff Watering or irrigating of any lawn landscape or vegetated area in a manner that causes or allows excessive water flow or runoff 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

Page

5 of 11

patios

prohibited except when necessary to alleviate safety or sanitary only by use of a hand held bucket or similar container a hand held with a positive self closing water shut off device a low volume high hose equipped pressure cleaning machine equipped to recycle any water used or a low volume high
or

alleys

is

hazards and then

pressure water broom
e

Breaks or Malfunctions Excessive use loss or escape of 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
water Re

Obligation to through

Fix Leaks

f

circulating Water Required for Water Operating a water fountain or other use re circulated water is prohibited
Features Limits
on

Fountains and Decorative Water decorative water feature that does not

g

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

Water Served Upon Request Only Eating or drinking establishments not limited to a restaurant hotel cafe cafeteria baf or other but public place whefe food or drinks are sold served or offered for sale are prohibited from providing

Drinking including

drinking
i

water to any person unless

expressly requested

Commercial Lodging Establishments Must Provide Guests Option to Decline Daily Linen Services Hotels motels and other commercial lodging establishments must customers the option of not provide 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
No Installation of

j

systems
k

is

Single Pass Cooling Systems Installation prohibited in buildings requesting newwater service

of

single

pass

cooling

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

Required to Use Water Conserving Dish Wash Spray Valves Food establishments such as restaurants or cafes are prohibited from preparation using non water conserving dish wash spray valves
level 1 Water

Restaurants

8 30 050
a

Supply Shortage

A Level 1 Water

Supply Shortage exists when the City Manager determines in his or her 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
sole discretion

Ordinance No

Page

6 of 11

Shortage
measures

condition

the

City City

will

identified in this Section before the

implement the mandatory Level 1 conservation Following the City Manager s declaration he or she
an

shall

agendize

Council

item for the council to affirm the declaration

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

Generally

water

system emergencies

or

natural disasters that

cause

damage

to water

supplies

or

water distribution b

system
In addition to the

Additional Water Conservation Measures

identified in Section 8
a

40 30 the following declared Level 1 Water Supply Shortage shall be subject to the penalties for violation
Code

water conservation

prohibited uses of water requirements apply during

Any
as

person in violation of this Subsection set forth in Section 8 30 100 and this

1

Watering Days Watering or irrigating of lawn landscape or other with potable water is limited to three 3 days per week on a vegetated 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 This provision on a schedule established and posted by the City of Claremont 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
Limits
on area

2

All leaks breaks or other to Fix Leaks Breaks or Malfunctions 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

Obligation

Retail Water
8 30 060

Agency Supply Shortage

Level 2 Water

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

conditions

Shortage
measures

Upon the declaration condition the City will
identified in this Section

of water and appropriately respond to existing water by the City Manager of a Level 2 Water Supply

implement the mandatory Level 2 conservation Following the City Manager s declaration he or she

agendize before the City Council an item for the council to affirm the declaration 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
shall

Ordinance No

Page
b

7 of 11

In addition to the prohibited uses of water Conservation Measures 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

Additional

1

Watering Days Watering or irrigating of Iawn landscape or other vegetated 2 days per week on a schedule area with potable water is limited to two 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 not apply to landscape irrigation zones that exclusively use very low flow does 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 Obligation
to Fix Leaks

2

Breaks
user s

or

Malfunctions
or

All leaks

breaks

or

other

distribution system must be repaired plumbing 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

malfunctions in the water

Filling Ornamental Lakes or Ponds Filling or re filling ornamental ponds 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
Limits
on

lakes or

under this ordinance
4
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

Limits

shut off nozzle or device commercial car washing

by high pressure low facility that utilizes a

volume wash systems
re

or

at

a

circulating

water

system

to

capture
5

or

reuse

water

Limits on Filling Residential Swimming Pools Spas Re filling of more than one foot and initial of residential swimming pools or outdoor spas with filling

potable

water is

prohibited

8 30 070

Level 3 Water

Supply Shortage Emergency

a

A Level 3 Water condition

Supply Shortage condition is also referred to as an Emergency 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 Following the City Manager s declaration he or she shall agendize before

Section
the

City

Ordinance No

Page

8 of 11

item for the council to affirm the declaration 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
Council
an

b

Additional Conservation

Measures

In

addition

identified in Section 8 30 040

8 30 050 and 8 30 060

requirements apply during
1 No

a

declared Level 3

prohibited uses of water following water conservation Water Supply Shortage Emergency
to the

the

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 Maintenance of existing

landscape landscape

necessary for fire

protection

iii

for soil erosion control
rare or

iv

well

Maintenance of plant materials identified to be being of protected species Maintenance of

essential to the

v

day

care centers

such

landscape within active public parks and playing fields golf course greens and school grounds provided that does not exceed two 2 days per week according to the irrigation
b
1 and time restrictions in

schedule established in Section 8 30 060 Section 8 30 040 a and b vi
2

Actively irrigated

environmental Breaks
s or

mitigation projects

Malfunctions All leaks breaks or other any person plumbing or water distribution system must be 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

Obligation

to Fix Leaks

malfunctions in

Water
8 30 080

Agency Supply Shortage

Procedures for Determination Notification of Water

a

Supply Shortage The existence of Level 1 Supply Shortage conditions may be declared by the City Manager and affirmed by resolution of the City Council adopted at a regular or special The mandatory conservation public meeting held in accordance with State law to Level 1 Level 2 or Level 3 conditions will take effect ten 10 requirements applicable 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
Level 2
or

Declaration and Notification of Water Level 3 Water

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

City Manager or designee by approval public meeting of the City Council
from the
8 30 090

of

a

resolution at

a

regular

or

special

Hardship

Waiver

a

If due to unique circumstances a specific Disproportionate Hardship would result in undue hardship to a person using water or to requirement chapter 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
Undue and

of this

b

Written written

granted or conditionally granted only upon a demonstrating an undue hardship to a person water or to property upon which water is used that is disproportionate to the using 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 Finding finding of
the existence of facts 1

The waiver may be

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 photographs

Documentation

The and

application
other

must

be

maps drawings statement of the applicant 3

information

accompanied by including a written

An application for a waiver will be denied Required Findings for Waiver 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
That because of
use

ii

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

iii

authorizing adjacent properties
That the Council to detrimental to the

of such waiver will not be of substantial detriment to and will not materially affect the ability of the City the purpose of this interest and

effectuate

chapter

and

will

not

be

public

iv

That the condition
of the

property general in nature
4

or situation of the subject property or the intended use for which the waiver is sought is not common recurrent or

Approval Authority The City Manager completed application no later than ten approve conditionally approve or deny the

or

designee must act upon any 10 days after submittal and may waiver The applicant requesting the

his

Ordinance No

Page

10 of 11

waiver must be

writing of any action taken Unless specified 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 promptly
a

notified in

otherwise at the time

waiver is

8 30 100

Penalties and Violations

a

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
Misdemeanor
Penalties

b

Penalties for failure to

comply

with any

provisions

of the ordinance

are

as

follows
1 First Violation The

City

ordinance
2

by

mail to

a

may issue violator

a

written

warning

and deliver

a

copy of this

Second Violation months is

A second violation within the
a

punishable by

fine not to exceed

one

preceding twelve 12 calendar hundred dollars 100
twelve 12 calendar dollars 250

3

Third Violation months is

A third
a

violation within the

preceding

punishable by

fine not to exceed two hundred and

fifty

4

Fourth and

Subsequent Violations punishable by a fine not to exceed five
Offenses

A fourth and any subsequent violation is hundred dollars 500

c

Separate
offense

Each

day

that

a

violation of this

chapter

occurs

is

a

separate

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 sections subsections sentences clauses or phrases or is declared invalid SECTION 3
one or more

The mayor shall sign this ordinance and the city clerk shall attest and certify 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
to the passage and

PASSED APPROVED AND ADOPTED this

day

of

200

Mayor City

of Claremont

Ordinance No

Page

11 of 11

ATTEST

City

Clerk

City

of Claremont

APPROVED AS TO FORM

City Attorney City of

Claremont

U

WATER CVEIRS

CLAREMONT WATER CONSERVATION ORD