HomeMy WebLinkAbout2022-13 - Amending Chapter 14.16 of the Newport Beach MuniciAmending Chapter 14.16 of the Newport Beach Municipal Code Pertaining to Water Conservation and Supply Level RegulationsORDINANCE NO. 2022-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING CHAPTER
14.16 OF THE NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO WATER CONSERVATION AND SUPPLY
LEVEL REGULATIONS
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers, and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, Chapter 14.16 of the Newport Beach Municipal Code establishes a
water conservation and water supply shortage program to reduce water consumption
within the City;
WHEREAS, in 2018, the California Legislature imposed additional water shortage
planning requirements upon water suppliers and amended California Water Code section
10632 to mandate new elements to water suppliers' Urban Water Management Plans and
Water Shortage Contingency Plans, including statewide water use prohibitions;
WHEREAS, the City's adopted 2020 Urban Water Management Plan ("UWMP")
includes water conservation as a necessary and effective component of providing a
reliable supply of water to meet the needs of its water customers;
WHEREAS, the City's adopted 2020 Water Shortage Contingency Plan ("WSCP")
establishes standards and procedures regarding the implementation and enforcement of
local water shortage contingency measures;
WHEREAS, the WSCP defines six water supply shortage levels corresponding to
progressive ranges of up to 10, 20, 30, 40 and 50 percent shortages and a greater than
50 percent shortage, in alignment with the State Water Shortage Levels, where each level
is intended to be more restrictive than the previous or lower level and imposes water
conservation measures that are inclusive of those measures in the previous or lower
level(s); and
WHEREAS, the City desires to update Chapter 14.16 to make it consistent with
the new requirements of California Water Code section 10632 and its UWMP and WSCP.
Ordinance No. 2022-13
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NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Chapter 14.16 of the Newport Beach Municipal Code is hereby
amended to read as follows:
Chapter 14.16
WATER CONSERVATION AND WATER SUPPLY SHORTAGE PROGRAM
Sections:
14.16.010 Findings and Purpose.
14.16.020 Definitions.
14.16.030 Applicability.
14.16.040 Permanent Mandatory Water Conservation Requirements.
14.16.050 Procedure for Declaration and Notification of Water Supply Shortage.
14.16.060 Level One Water Supply Shortage.
14.16.070 Level Two Water Supply Shortage.
14.16.080 Level Three Water Supply Shortage.
14.16.090 Level Four Water Supply Shortage.
14.16.100 Level Five Severe Water Supply Shortage.
14.16.110 Level Six Catastrophic Water Supply Shortage.
14.16.120 Exemptions.
14.16.130 Relief from Compliance.
14.16.140 Enforcement.
14.16.150 State of Emergency.
Section 14.16.010 Findings and Purpose.
A. The purpose of this chapter is to establish a water conservation and water supply
shortage program that, to the greatest extent possible, will reduce water consumption
within the City of Newport Beach, enable effective water supply planning, ensure
reasonable and beneficial use of water, prevent waste of water, complement the City's
water quality regulations and urban runoff reduction efforts, maximize the efficient use of
water, minimize the effect and hardship of water shortages, and implement the City's
Water Shortage Contingency Plan.
B. The water conservation and water supply shortage program created by this
chapter establishes permanent water conservation requirements intended to alter
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behavior related to water use efficiency for nonshortage conditions and further
establishes six levels of water supply shortage response actions to be implemented
during times of a declared water shortage with increasing restrictions on water use in
response to worsening drought or emergency conditions and decreasing supplies.
C. The City Council finds as follows:
1. A reliable minimum supply of water is essential to the public health, safety
and welfare of the people and economy of the City and the Southern California
region.
2. Wasteful water use practices constitute a potential threat to and an
unacceptable diminution of the City's water supplies. The prevention of water
waste is an economically and environmentally feasible way to protect, conserve,
and prevent unacceptable diminution of the City's water supplies.
3. 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 supply needs.
4. Article X, Section 2, of the California Constitution declares that the general
welfare requires that water resources be put to beneficial use, that waste or
unreasonable use or unreasonable method of use of water is to be prevented and
that conservation of water be fully exercised with a view to the reasonable and
beneficial use thereof.
5. 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.
6. California Water Code Section 375 authorizes a water supplier to adopt and
enforce a comprehensive water conservation program to reduce water
consumption and conserve supplies.
7. The adoption and enforcement of the water conservation and water supply
shortage program is necessary to manage the City's water supply in the short and
long term and to avoid or minimize the effects of a supply shortage within the City's
service area. Such a program is essential to ensure a reliable and sustainable
minimum supply of water for public health, safety and welfare.
8. Recycled water is supplied in various areas throughout the City to conserve
potable water. Recycled water, like potable water, must be used efficiently and is
therefore included in this program.
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9. Outdoor water use is a primary source of urban runoff, which flows onto the
streets, through storm drains, to the creeks, the harbor and beaches. It is therefore
in the public interest to promote practices that increase water use efficiency,
reduce or eliminate runoff, and further support the regulations as set forth in
Chapter 14.36 (Water Quality) and related best management practices.
10. Contamination, drought, or failure of the water system infrastructure may
lead to a potable water shortage emergency in the City's water supplies.
11. Normal water supply conditions, known as Level Zero, exist during periods
when the City anticipates no supply reductions. The City will proceed with planned
water efficiency best practices to support consumer demand reduction in line with
state mandated requirements and local goals for water supply reliability. The
permanent mandatory water conservation requirements in Section 14.16.040 shall
be in effect to prevent waste and unreasonable use of water at all times.
Section 14.16.020 Definitions.
In this chapter, the following words and phrases shall have the following meanings:
"Base amount" means a base amount of water usage per billing period to be determined
for each customer. For any particular billing period, the base amount shall be as indicated
on the customer's municipal services statement for the prior billing period. For customers
occupying premises for which the City's water billing history includes the year specified
in the resolution declaring a water shortage, the base amount shall be the amount of
water used during the same billing period in the year specified in the resolution. For
customers occupying premises for which the City's water billing history does not include
the same billing period in the year specified in the resolution declaring a water shortage,
the base amount shall be the estimate of the water usage per billing period of similar
premises and users.
"Billing unit" means the unit of water used to apply water rates for purposes of calculating
water charges for a person's water usage and equals seven hundred forty-eight (748)
gallons.
"Commercial kitchen" means a facility containing a kitchen in which food is prepared for
sale, such as a restaurant, cafe, hotel, catering establishment, or other food preparation
establishment.
"Customer" shall mean any person or premises using or receiving water service from the
City. The term "customer" shall not include a person or premises receiving water service
within the City from the Irvine Ranch Water District or from the Mesa Water District.
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"Department" shall mean the City of Newport Beach Utilities Department.
"Director" shall mean the Director of the City of Newport Beach's Utilities Department or
his or her designee.
"Irrigate" means the watering of any lawn, landscape, or other vegetated area.
"Landscape irrigation system" means an irrigation system with pipes, hoses, spray heads,
or sprinkling devices that are operated by and/or through an automated system.
"MET" shall mean the Metropolitan Water District of Southern California.
"Premises" means a parcel of land, or portion of a parcel, including any improvements
located thereon, that are served by a City water meter.
"Recycled water" means the reclamation and reuse of non -potable water and/or
wastewater for beneficial use, such as irrigation.
"Water" shall mean potable water and recycled water.
"Water conservation plan" means a plan submitted by a customer for the approval of the
Director, in conjunction with a request for an exemption or partial exemption that proposes
the maximum feasible reduction in consumption.
"Water consumption restrictions" shall mean those provisions in this chapter that require
customers to reduce the amount of water consumed during a water supply shortage in
relation to the base amount.
Section 14.16.030 Applicability.
A. The provisions of this chapter shall apply to all persons, customers, and premises
using water in the City, as set forth herein.
B. For the purposes of this chapter, the use of water by a tenant, employee, agent,
contractor, representative or person acting on behalf of a customer shall be imputed to
the customer.
Section 14.16.040 Permanent Mandatory Water Conservation Requirements.
The following prohibitions and mandatory water conservation requirements are effective
at all times, including during a water supply shortage. Violations of this section will be
considered waste and an unreasonable use of water.
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A. Limit on Watering Duration. No customer shall use potable water to irrigate any
lawn and/or ornamental landscape area using a landscape irrigation system or a watering
device that is not continuously attended unless such irrigation is limited to no more than
ten (10) minutes watering per station. This restriction does not apply to the following:
1. Landscape irrigation systems that exclusively use very low -flow drip type or
bubbler type irrigation systems in which no emitter produces more than two gallons
of water per hour.
2. Weather based controllers or stream rotor sprinklers that meet a seventy
(70) percent efficiency standard.
B. Limits on Watering Hours. No customer shall use potable water to irrigate any
lawn, landscape or other vegetated area between the hours of 9:00 a.m. and 5:00 p.m.
Pacific Time on any day, except by use of hand-held bucket or similar container, or a
hand-held hose equipped with a positive self -closing water shut-off nozzle or device, or
for short periods for the exclusive purpose of adjusting or repairing an irrigation system.
C. No Excessive Runoff. No person shall use water to irrigate any lawn and/or
ornamental landscape area in a manner that causes or allows more than incidental flow
or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch. "Incidental
flow or runoff' means a minimal amount of water that escapes the area of intended use,
such as windblown overspray onto adjacent hard surfaces.
D. No Washing Down. No person shall use water to wash down hard or paved
surfaces, including, but not limited to, sidewalks, walkways, driveways, parking areas,
tennis courts, patios or alleys, 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, or a low -volume, high-
pressure cleaning machine (e.g., "water broom") equipped to recycle any water used and
efforts are made to vacuum the runoff or direct the runoff away from paved surfaces.
E. Obligation to Fix. No person shall permit loss or escape of water through breaks,
leaks or other malfunctions in the person'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 three (3) days after receiving notice of the condition from the
City unless other arrangements are made with the City.
F. Watering During and After Rainfall. No customer shall use potable water to irrigate
lawns, groundcover, shrubbery or other ornamental landscape material during and within
forty-eight (48) hours after a measurable rainfall event of at least one-fourth of one inch
of rain as recorded by the National Weather Service, the closest California Irrigation
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Management Information System station, or any other reliable source of rainfall data
available to the City.
G. Landscaping Connected to Dedicated Landscape Meters. All landscape irrigation
systems connected to dedicated landscape meters shall include rain sensors that
automatically shut off such systems during periods of rain or include evapotranspiration
systems that schedule irrigation based on climatic conditions.
H. Water Fountain Recirculating Water. No customer shall operate a water fountain
or other decorative water feature that does not use a recirculating water system.
I. Washing Vehicles and Equipment. No customer shall use water to clean a vehicle,
including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer,
whether motorized or not, except by use of a hand-held bucket or similar container or a
hand-held hose equipped with a positive self -closing water shut-off nozzle or device.
1. This subsection does not apply to any commercial car washing facility
J. Commercial Car Washes. All commercial conveyor car wash systems in
commercial car washing facilities shall use operational recirculating water systems.
K. Drinking Water Served Upon Request Only. Customers operating eating or
drinking establishments, including but not limited to restaurants, hotels, cafes, cafeterias,
bars, or other public places where food or drinks are sold, served, or offered for sale, shall
not provide drinking water to any person unless expressly requested by the person.
L. Commercial Lodging Linens. Customers operating hotel, motel, and other
commercial lodging establishments shall provide persons the option of not having towels
and linen laundered daily. Commercial lodging establishments must prominently display
notice of this option.
M. No Single Pass Cooling Systems. No customer shall install a new single pass
cooling system in a building or premises.
N. Use of Hydrants. No person shall use water from any fire hydrant for any purpose
other than fire suppression or emergency aid without first obtaining a City hydrant meter
account or written approval from the Director or his or her designee. Absent a meter
account or Director approval, water theft and meter tampering fees shall be applied as
appropriate.
O. Newly Constructed Homes and Buildings. No person shall water with potable water
the landscapes outside of newly constructed homes and buildings in a manner
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inconsistent with regulations or other requirements established by the California Building
Standards Commission.
P. Construction Site Requirements. The requirements of this subsection apply to
persons engaged in construction activities. A permittee's refusal or failure to comply with
these requirements shall constitute grounds for revocation of a construction or grading
permit. In addition, the City may withhold occupancy and inspections until such time as
the permit holder has complied.
1. No person shall use potable water for soil compaction or dust control in a
construction site where there is an available and feasible source of recycled water
or non -potable water approved by the Department of Public Health and appropriate
for such use.
2. No person shall operate a hose within a construction site that is not
equipped with an automatic shut-off nozzle, provided that such devices are
available for the size and type of hose in use.
Q. Commercial Kitchen Requirements. No customer may operate a commercial
kitchen that does not comply with the following requirements:
1. Water -Conserving Pre -Rinse Kitchen Spray Valves. Commercial kitchens
shall be equipped with water -conserving kitchen spray valves.
2. Best -Available Water -Conserving Technology. Commercial kitchens shall
ensure that all water -using equipment uses the best -available water -conserving
technology.
3. When hosing or washing kitchen or garbage areas or other areas for
sanitary reasons as required by the Department of Health, hoses shall be equipped
with positive self -closing nozzles.
R. Public Health and Safety. The provisions in this section shall not be construed to
limit water use that is immediately necessary to protect public health or safety.
Section 14.16.050 Procedure for Declaration and Notification of Water Supply
Shortage.
A. Upon the Director's determination of the existence of a water supply shortage
based on the criteria and stages defined in the City's Water Shortage Contingency Plan,
the City Council may declare a Water Supply Shortage from Level One up to Level Six.
In accordance with California Water Code Sections 350-352, the City Council may also
declare a Level Six Catastrophic Water Supply Shortage in response to a disaster or
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sudden event that has or threatens to significantly diminish the reliability or quality of the
City's water supply.
B. The mandatory water conservation measures applicable to the level of water
supply shortage shall take effect on the date specified in the resolution declaring the water
supply shortage. The declaration of a water supply shortage level shall be effective for no
more than six (6) months unless extended by the City Council.
C. The City Manager shall notify and inform the public, local, regional, and state
governments, and other stakeholders of the declaration of water supply shortage, the
mandatory conservation requirements, and other water shortage response actions,
according to the communication procedures in the City's Water Shortage Contingency
Plan.
D. During the existence of a water supply shortage, the Director shall provide periodic
reports to the City Council regarding compliance with the mandatory conservation
requirements of the level of water supply shortage, current and anticipated allocations of
water from MET, and any change in circumstances that could warrant a position of more
stringent measures or relaxation of measures then in effect.
Section 14.16.060 Level One Water Supply Shortage.
A Level One Water Supply Shortage exists when the City determines a water supply
shortage exists or there is no surplus water supply and an overall water use reduction of
up to ten (10) percent is necessary to make more efficient use of water and appropriately
respond to existing water conditions.
A. No customer shall use potable water to irrigate any lawn, landscape or other
vegetated area except on the scheduled irrigation days established for each customer by
the Director. The Director shall specify for each customer four irrigation days per week
during the months of April through October and two irrigation days per week during the
months of November through March. This restriction does not apply to the following:
1. Maintenance of vegetation including trees and shrubs that is watered using
a hand-held bucket or similar container, a hand-held hose equipped with a positive
self -closing water shut-off nozzle or device, or a very low -flow drip type irrigation
system when no emitter produces more than two gallons of water per hour.
2. Irrigation of food crops (including fruit trees and vegetable gardens).
3. Short periods of irrigation for the exclusive purpose of adjusting or repairing
an irrigation system.
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B. No customer shall use more water during any billing period than the percentage of
the base amount per customer category established in the resolution declaring the Level
One Water Supply Shortage, which percentage shall be in the range from one hundred
(100) percent to eighty (80) percent of the base amount.
Section 14.16.070 Level Two Water Supply Shortage.
A Level Two Water Supply Shortage exists when the City determines a water supply
shortage exists and an overall water use reduction of between ten (10) percent and twenty
(20) percent is necessary to make more efficient use of water and appropriately respond
to existing water conditions.
A. No customer shall use potable water to irrigate any lawn, landscape or other
vegetated area except on the scheduled irrigation days established by the Director. The
Director shall specify for each customer three irrigation days per week during the months
of April through October and one irrigation day per week during the months of November
through March. This restriction does not apply to the following:
1. Maintenance of vegetation, including trees and shrubs, that is watered using
a hand-held bucket or similar container, a hand-held hose equipped with a positive
self -closing water shut-off nozzle or device, or a very low -flow drip type irrigation
system when no emitter produces more than two gallons of water per hour.
2. Irrigation of food crops (including fruit trees and vegetable gardens).
3. Short periods of irrigation for the exclusive purpose of adjusting or repairing
an irrigation system.
B. No customer shall use more water during any billing period than the percentage of
the base amount per customer category established in the resolution declaring the Level
Two Water Supply Shortage, which percentage shall be in the range from one hundred
(100) percent to seventy (70) percent of the base amount.
Section 14.16.080 Level Three Water Supply Shortage.
A Level Three Water Supply Shortage exists when the City determines a water supply
shortage exists and an overall water use reduction of between twenty (20) percent and
thirty (30) percent is necessary to make more efficient use of water and appropriately
respond to existing water conditions.
A. No customer shall use potable water to irrigate any lawn, landscape or other
vegetated area except on the scheduled irrigation days established by the Director. The
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Director shall specify for each customer two irrigation days per week during the months
of April through October and one irrigation day per week during the months of November
through March. This restriction does not apply to the following:
1. Maintenance of vegetation, including trees and shrubs, that is watered using
a hand-held bucket or similar container or hand-held hose equipped with positive
self -closing water shut-off nozzle or device, or a very low -flow drip type irrigation
system when no emitter produces more than two gallons of water per hour.
2. Irrigation of food crops (including fruit trees and vegetable gardens),
provided that such irrigation does not exceed four days per week on a schedule
established by the Director.
3. Short periods of irrigation for the exclusive purpose of adjusting or repairing
an irrigation system.
B. No customer shall use more water during any billing period than the percentage of
the base amount per customer category established in the resolution declaring the Level
Three Water Supply Shortage, which percentage shall be in the range from ninety (90)
percent to fifty (50) percent of the base amount.
C. No person shall permit loss or escape of water through breaks, leaks or other
malfunctions in the user's plumbing or distribution system for more than twenty-four (24)
hours after receiving notice from the City.
Section 14.16.090 Level Four Water Supply Shortage.
A Level Four Water Supply Shortage exists when the City determines a water supply
shortage exists and an overall water use reduction of between thirty (30) percent and forty
(40) percent is necessary to make more efficient use of water and appropriately respond
to existing water conditions.
A. No customer shall use potable water to irrigate any lawn, landscape or other
vegetated area except on the scheduled irrigation days established by the Director. The
Director shall specify for each customer one irrigation day per week. This restriction does
not apply to the following:
1. Maintenance of vegetation, including trees and shrubs, that is watered using
a hand-held bucket or similar container or hand-held hose equipped with positive
self -closing water shut-off nozzle or device, or a very low -flow drip type irrigation
system when no emitter produces more than two gallons of water per hour.
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2. Irrigation of food crops (including fruit trees and vegetable gardens),
provided that such irrigation does not exceed three days per week on a schedule
established by the Department.
3. Short periods of irrigation for the exclusive purpose of adjusting or repairing
an irrigation system.
B. No customer shall use more water during any billing period than the percentage of
the base amount per customer category established in the resolution declaring the Level
Four Water Supply Shortage, which percentage shall be in the range from eighty (80)
percent to twenty-five (25) percent of the base amount.
C. No person shall permit loss or escape of water through breaks, leaks or other
malfunctions in the user's plumbing or distribution system for more than twenty-four (24)
hours after receiving notice from the City.
Section 14.16.100 Level Five Severe Water Supply Shortage.
A Level Five Severe Water Supply Shortage exists when the City determines a water
supply shortage exists and an overall water use reduction of between forty (40) percent
and fifty (50) percent is necessary to make more efficient use of water and appropriately
respond to existing water conditions.
A. No customer shall use potable water to irrigate any lawn, landscape or other
vegetated area. This restriction does not apply to the following:
1. Maintenance of vegetation, including trees and shrubs, that are watered
using a hand-held bucket or similar container or a hand-held hose equipped with
a positive self -closing water shut-off nozzle or device.
2. Maintenance of existing landscape to the extent necessary for fire
protection.
3. Maintenance of existing landscape to the extent necessary for soil erosion
control.
4. Maintenance of plant materials identified to be rare or essential to the well-
being of rare animals.
5. Maintenance of landscape within active public parks and playing fields, day
care centers, school grounds, cemeteries, and golf course greens, provided that
such irrigation does not exceed two times per week on a schedule established by
the Director.
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6. Public works projects and actively irrigated environmental mitigation
projects.
7. Food crops (including fruit trees and vegetable gardens); provided, that
such irrigation does not exceed two times per week on a schedule established by
the Director.
B. The City will not provide new potable water service, new temporary meters, or new
permanent meters or issue statements of immediate ability to serve or to provide potable
water service, except under the following circumstances:
1. A valid, unexpired building permit has been issued for the project;
2. The project is necessary to protect public health, safety, and welfare; or
3. The applicant provides substantial evidence of an enforceable commitment
that ensures to the satisfaction of the Director the water demands for the project
will be offset prior to the provision of a new water meter(s).
This restriction does not preclude the resetting or turn -on of meters to provide
continuation of water service or the restoration of service that has been interrupted for a
period of one year or less.
C. No customer shall use more water during any billing period than the percentage of
the base amount per customer category established in the resolution declaring the Level
Five Severe Water Supply Shortage, which percentage shall be between seventy-five
(75) percent to zero (0) percent of the base amount.
D. No person shall permit loss or escape of water through breaks, leaks or other
malfunctions in the user's plumbing or distribution system for more than twenty-four (24)
hours after receiving notice from the City.
E. No customer may use potable water to fill or refill an ornamental lake, pond, or
fountain, except to the extent needed to sustain aquatic life, provided that such animals
were being actively managed within the water feature at the time of the City's declaration
of the water supply shortage under this chapter.
F. No customer may use potable water to fill or refill a residential swimming pool or
outdoor spa.
G. No permits for new pool construction or reconstruction shall be issued.
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H. Washing of autos, trucks, trailers, boats, motorhomes and other types of vehicles
and mobile equipment is prohibited, other than at a commercial car wash.
Section 14.16.110 Level Six Catastrophic Water Supply Shortage.
A Level Six Catastrophic Water Supply Shortage exists when the City determines a water
supply shortage exists and an overall water use reduction of over fifty (50) percent is
necessary to make more efficient use of water and appropriately respond to existing water
conditions. A Level Six condition includes a disaster or sudden event such as earthquake,
wildfire, power outage, or failure of any water supply or water distribution facility that has
or threatens to significantly diminish the reliability or quality of the City's water supply.
All water uses except those necessary for basic health and safety are prohibited or shall
be significantly reduced and all restrictions under a Level Five Severe Water Supply
Shortage shall also be in effect, unless otherwise specified in the resolution declaring the
water supply shortage.
Section 14.16.120 Exemptions.
A. 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 public works, public
utilities, police, fire and other similar emergency services.
B. Water consumption restrictions shall not be applicable to any of the following:
1. Customers who have participated in a fuel load modification program and
have received an exemption from the Director and Fire Marshal. The Director and
Fire Marshal shall only grant exemptions necessary to mitigate the impacts of
participation in the fuel modification zone program, such as the need to irrigate
replacement vegetation.
2. Customers that operate hospitals, medical care facilities, nurseries or other
businesses whose main stock and trade consists of the sale or cultivation of plants
and vegetation, and businesses in which water consumption is an integral part of
production or manufacturing, provided that such customers shall first submit a
water conservation plan to, and obtain the approval of, the Director. This
exemption does not extend to the use of potable water for the irrigation of
landscape areas.
C. The Director shall approve a water conservation plan only if the plan proposes the
maximum feasible reduction in consumption. As a condition of approving the water
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conservation plan, the Director may require the use of water conservation devices or
practices as he or she deems appropriate to result in the maximum feasible reduction in
consumption.
Section 14.16.130 Relief from Compliance.
A. Intent and Purpose. The City Council recognizes that water consumption can
increase or decrease because of factors unrelated to wasteful water use practices. Many
customers have installed water -saving devices and adopted water conservation practices
that make it difficult to satisfy the water consumption restrictions required by this chapter.
This section recognizes that adjustments to the base amount may be necessary to ensure
that application of this chapter to any particular customer does not produce unjust or
inequitable results, especially during water supply shortage Levels One, Two, and Three.
In addition, this section recognizes unique circumstances may result in undue or
disproportionate hardship as to a customer using water which is different from the impacts
to water users generally. As a general rule, the Director should not grant relief to any
customer for any reason in the absence of showing that the customer has achieved the
maximum feasible reduction in water consumption, such as through the use of water
saving devices (e.g., efficient fixtures, controllers and drought -resistant or artificial
landscaping).
B. Procedures. A customer may seek relief from the provisions of this chapter by
submitting an application in a form prescribed by the Department. The Director may
require the submission of additional supporting documentation that he or she deems
necessary to grant the application for relief. The Director shall approve or disapprove the
application for relief, in whole or in part, within thirty (30) days after it is filed and deemed
complete.
C. Factors to Be Considered.
1. Relief from Water Consumption Restrictions. In determining whether relief
should be granted from water consumption restrictions, the Director shall consider
all relevant factors including, but not limited to, the following:
a. Whether compliance with the water conservation requirements then
in effect would result in unemployment or layoff of workers;
b. Whether additional persons are now living or working in the
customer's premises that were not living or working in the premises during
all or a portion of the billing periods used to calculate the base amount;
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C. For residential customers, whether the usage in the prior billing
period was equivalent to or less than ten (10) billing units in a Level One
condition, nine (9) billing units in a Level Two condition, eight (8) billing units
in a Level Three condition, seven (7) billing units in a Level Four condition,
and six (6) billing units in a Level Five Severe condition, with the thresholds
doubled for customers billed on a bi-monthly basis (e.g., eighteen (18)
billing units in a Level Two condition);
d. Whether the customer had, during all or a portion of the billing
periods used to calculate the base amount, begun using water conservation
practices that remain in use and that reduced the customer's water usage
by an amount equivalent to the reduction required by the water supply
shortage;
e. Whether any current or anticipated increase in production or
manufacturing will require the use of additional water;
f. The extent to which irrigation or watering of landscaping has been
made necessary by compliance with fuel load modification programs; and
g. The extent to which the customer needs to use water to mitigate any
emergency health or safety hazards.
2. Relief from Requirements Other than Water Consumption Restrictions. In
determining whether relief should be granted from requirements other than water
consumption restrictions, the Director must find, based on the application and
supporting documentation, that:
a. The relief does not constitute a grant of special privilege inconsistent
with the limitations imposed by this chapter on other customers;
b. Because of special circumstances applicable to the customer's
property or its use, the strict application of this chapter would have an
impact on the customer that is disproportionate to the impact on other
similarly situated customers;
C. The condition or situation of the customer's premises for which the
relief is sought is not common or general in nature;
d. The customer has achieved or will achieve the maximum feasible
reduction in water consumption, such as through the use of water saving
devices (e.g., efficient fixtures, controllers and drought -resistant or artificial
landscaping); and
Ordinance No. 2022-13
Page 17 of 19
e. Authorizing such relief will not materially affect the ability of the City
to effectuate the purpose of this chapter and will not be detrimental to the
public interest.
D. Agreement. Any grant of relief under this section shall be memorialized in a written
agreement detailing the specific areas of relief granted, the conditions thereunder, and
any other pertinent provisions, and shall be signed by the customer and the Director.
During the effectiveness of the agreement, the customer shall have no further right to
seek relief pursuant to the provisions of this section.
E. Final Decision. The Director shall notify the customer of the decision on the
application for relief by mailing a notice of the decision to the customer by means of first
class, postage prepaid, to the address specified on the application. Service shall be
deemed to have been completed at the time of deposit in the mail.
F. Appeal of Final Decision. A customer may appeal the decision of the Director by
submitting a written request within fifteen (15) days of the date of the Director's written
decision. A written appeal request shall be submitted to the City Manager and include the
reasons for the request and signature of the customer submitting the request. The City
Manager may approve or disapprove the appeal within thirty (30) days from receipt of a
request. The decision of the City Manager shall be final.
G. Willful Misrepresentation. Notwithstanding any other provision of law, no person
shall make any willful misrepresentation of a material fact with respect to any application
for relief submitted pursuant to this section.
Section 14.16.140 Enforcement.
A. Responsibility —Implementation Plan. The Director shall develop an
implementation plan to be used as a guideline for enforcing the provisions of this chapter.
The implementation plan shall provide the resources (staffing and equipment) required to
ensure the fair and timely execution of these requirements, as well as a detailed execution
strategy. In addition, the implementation plan shall ensure, so far as is reasonable under
the circumstances, that persons are notified of violations and are provided an opportunity
to cure the violation prior to being cited.
B. Violations. Violations of this chapter are subject to criminal, civil, and administrative
fines and penalties and are enforceable under the procedures provided in Section
1.04.010 and Chapter 1.05.
C. Additional Enforcement Options. The City may impose the following requirements
on a customer in the event of a continuing or willful violation:
Ordinance No. 2022-13
Page 18 of 19
1. Water Flow Restrictors. The City may install a water flow restrictor of
approximately one gallon per minute for services up to one and one-half inches in
size and comparatively sized restrictors for larger services. Prior to doing so, the
City shall first provide a minimum of forty-eight (48) hours' notice of its intent to
install a water flow restrictor. In the event that a customer refuses to permit the
installation of a water flow restrictor following the City's election to do so, the City
may terminate the customer's water service.
2. Termination of Service. The City may disconnect a customer's water service
for willful violations of mandatory restrictions in this chapter.
Section 14.16.150 State of Emergency.
If the Governor of the State of California proclaims a state of emergency and
thereby issues orders or other general laws that mandate adoption of regulations by the
State Water Resources Control Board and/or water conservation efforts by persons, it is
a violation of this section for any person to violate any such emergency order or general
law lawfully adopted by the State of California.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 4: The City Council finds the introduction and adoption of this ordinance
is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title
14, Division 6, Chapter 3, because it has no potential for resulting in physical change to
the environment, directly or indirectly.
Ordinance No. 2022-13
Page 19 of 19
Section 5: Except as expressly modified in this ordinance, all other Sections,
Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
Section 6: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 24th day of May, 2022, and adopted on the 14th day of
June, 2022, by the following vote, to -wit:
AYES: Mayor Muldoon, Mayor Pro Tern Blom, Council Member Avery Council
Member Brenner, Council Member Dixon, Council Member Duffield
Council Member O'Neill
NAYS:
ABSENT:
ATTEST:
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APPROVED AS TO FORM: �r�
CITY ATTORNEY'S OFFICE
AAF�ON C. HARP, CI ATTORNEY
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF NEWPORT BEACH
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2022-13 was duly introduced on the 24th day of May, 2022, at a regular meeting, and adopted by the
City Council at a regular meeting duly held on the 14th day of June, 2022, and that the same was so
passed and adopted by the following vote, to wit:
AYES: Mayor Kevin Muldoon, Mayor Pro Tern Noah Blom, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield,
Council Member Will O'Neill
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 151h day of June, 2022.
Leilani I. Brown, MtVIC
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2022-13 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: May 28, 2022
Adopted Ordinance: June 18, 2022
In witness whereof, I have hereunto subscribed my name this day of June, 2022.
dwj, tuv��
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California