HomeMy WebLinkAboutStaff Report 4.B 12/01/2008CITY OF PETALUMA, CALIFORNIA
AGENDA BILL
I;
December 1, 2008
Agenda Title: Introduction (First Reading) of an Ordinance of the Council Meeting Date: December 1, 2008
of the City of Petaluma Repealing Sections 15.12.071, 15.12.072,
15.12.073, 15.12.074, 15.12.075, 15.12.076, 15.12.077 and 15.12.078 of
Chapter 15.12 and Adding Chapter 15.17, Water Conservation Regulations, Meeting Time: ❑ 3:00 PM
to the Petaluma Municipal Code N 7:00 PM
Category: ❑ Presentation ❑ Consent Calendar ❑ Public Hearing ❑ Unfinished Business N New Business
Department: WR&C Director: I Contact Person: Phone Number:
Michael J. Ban, PE I Margaret P. Orr, PE 707-778-4546
Cost of Proposal: Total estimated cost for the Water Conservation Plan - Name of Fund:
$24.9 million through 2025. Utility cost $7.1 million (for all program Wastewater Water
elements). New Development cost $17.8 million. Account Numbers:
66100-54130, 67300
Amount Budgeted: Appropriation of $234,000 from Wastewater Fund and
$609,000 from the Water Fund respectively for a FY08-09 total of
$843,000.
Recommendation: It is recommended that the City Council take the following action: Introduction (First
Reading) of an Ordinance of the Council of the City of Petaluma Repealing Sections 15.12.071, 15.12.072,
15.12.073, 15.12.074, 15.12.075, 15.12.076, 15.12.077 and 15.12.078 of Chapter 15.12 and Adding Chapter
15.17, Water Conservation Regulations, to the Petaluma Municipal Code
Summary Statement:
The City has completed preparation of the Water Conservation Regulations as one implementation step for the
Water Conservation Plan approved by the City Council on January 28, 2008. The regulations outlined in the
attached ordinance delineate requirements for new development, new or renovated vehicle wash facilities,
landscape water use efficiency standards, water budgets for new and existing dedicated irrigation accounts,
updated water waste prohibitions, and enforcement. The implementation of the Water Conservation Plan through
this ordinance is part of a road map for saving 500 million gallons per year (1,534 acre-feet) by the year 2025
(build out of the General Plan). On September 10, 2007, November 20, 2007, January 15, 2008, April 14, 2008,
May 1, 2008, September 19, 2008, and October 24, 2008, City staff gathered information from the public,
realtors, and the development community concerning this plan. This feedback was incorporated in the ordinance
when feasible. Water conservation is one key to maintaining the economic sustainability of the City in continuing
to meet future potable water demands, and can be further implemented through adoption of this ordinance.
Attachments to Agenda Packet Item:
Attachment A — Ordinance
Reviewed by Interim Finance Dir: Reviewed by City Attorney: ADDroved_bN-C—ity Manager:
J:�Date:
�Date:a e:
Rev. Date Last Revised: 11/18/2008
File: SAWR&C\Conservation\City Council\Dec 1, 2008\Water
J - Conservation Ordinance Agenda Gill Final 11-17-08.doe
CITY OF PETALUMA, CALIFORNIA
DECEMBER 1, 2008
AGENDA REPORT
FOR
An Ordinance of the Council of the City of Petaluma Repealing Sections 15.12.071, 15.12.072, 15.12.073,
15.12.074, 15.12.075, 15.12.076, 15.12.077 and 15.12.078 of Chapter 15.12 and Adding Chapter 15.17,
Water Conservation Regulations, to the Petaluma Municipal Code
1. RECOMMENDATION:
Introduction (First Reading) of an Ordinance of the Council of the City of Petaluma Repealing Sections
15.12.071, 15.12.072, 15.12.073, 15.12.074, 15.12.075, 15.12.076, 15.12.077 and 15.12.078 of Chapter 15.12
and Adding Chapter 15.17, Water Conservation Regulations, to the Petaluma Municipal Code
2. BACKGROUND:
City Council Water Conservation Decisions
Adequate water resources are essential not only for basic human sustenance but also for a thriving economy that
supports a high standard of living and amenities that make Petaluma a great place to live. In May 2008, the
Petaluma City Council adopted the General Plan 2025, which is the road map for Petaluma's growth. In
support of this growth, the City Council adopted a comprehensive Water Demand and Supply Analysis Report
(June 2006) as part of the General Plan 2025. The end result is water supply from four major sources; (1)
potable water from Sonoma County Water Agency; (2) groundwater from City wells; (3) potable offset via
recycled water; and (4) water use reduction through conservation. Water conservation is a key element of the
water supply picture adopted by the City Council. The recommended water conservation portion of the water
supply program includes conserving more than 500 million gallons per year of water through nineteen
programs.
Petaluma jump started its water conservation program in October 1999 by providing over 1,000 ultra low flush
residential toilets. The success of this pilot test led to development of the City's current water conservation
program which includes the California Urban Water Conservation Council's 14 best management practices
(BMPs). The City became a signatory to the Memorandum of Understanding regarding Urban Water
Conservation in California as coordinated by the California Urban Water Conservation Council (CUWCC) in
2002. Through the implementation of the Best Management Practices (BMPs) the City has a sustained water
savings of 86.9 million gallons (267 acre -ft.) annually. City Council increased the use of water conservation as
part of the water supply picture and authorized the development of the Water Conservation Plan on September
19, 2005. The Water Conservation Plan started with 202 potential water conservation programs. Using a highly
sophisticated least cost planning model, the outcome consists of nineteen programs meeting a goal of over 500
million gallons (1,534 acre -ft.) of water conserved by 2025 (Dodson-Psomas, 2008). Table 1 summarizes the
components of the Water Conservation Plan.
1)
Table 1. Summary of Measures included in the Adopted Water Conservation Plant
Corresponding
Measure
Description of Conservation Measure
Number
PI
Residential Water Surveys — Indoor
P2
Residential Water Surveys — Outdoor
P3
Plumbing Retrofit Kits (Giveaways)
P4
Water Budgets for Large Irrigators (Separate Meters)
P5
Commercial Water Audits
P6
High Efficiency (HE) Washing Machine Rebates
P7
HE Washing Machine Offer (D)
P8
HE Faucets and Showerheads Requirement (D)
P9
HE Toilet (HET) Requirement (D)
P10
City Purchase and Install HET's (urinals>1.6 gpf, toilets > 3.5 gpf)
Pi l
Public Information Program
P12
Smart Irrigation Controller Rebates — non SF
P13
Smart Controller with Rain -sensor Shutoff Device Requirement (D)
P14
Landscape and Irrigation Requirements (D)
P15
Application Process for Landscape Renovation (>1000 sf and < 5000 sf) (D)
P16
Increase Enforcement of Landscape Requirements
P17
Residential Landscaping Training Classes
P18
Hotel Retrofit (w/financial assistance)
P19
Submeter, meter each unit (multi -family)
(D) Denotes a requirement
for developers for implementing "on-site" measures
The Water Conservation Plan was adopted by the Petaluma City Council on January 28, 2008
DISCUSSION:
Implementation of the Water Conservation Plan is dependent upon roll out of all 19 measures. Six of the
measures are requirements for new single family homes that could be built as part of implementation of General
Plan 2025. The Water Conservation Regulations Ordinance (Attachment A) was developed to provide clear
guidance to developers and existing customers to meet efficiency requirements. The regulations consist of six
major components. A short summary for each requirement in the ordinance is listed by chapter number and is
as follows.
15.17.030 - Develonment Standards for SFR. MFR and CII accounts as well as CII tenant im_nrovements - All
new single family residential (SFR), multi -family residential (MFR), commercial, industrial and institutional
(CII) accounts and existing CII accoimts where tenant improvements will occur must install the highest water
efficient appliances, such as high efficiency toilets, low water use shower heads and aerators, water efficient
clothes washers and high efficiency processing and cooling equipment. In addition, developers of new
residential communities must offer high efficient clothes washing machines to home buyers. Each new multi-
family residential unit must also be individually metered or sub -metered.
15.17.040 Standards for New or Renovated Vehicle Wash Facilities - All new car wash facilities must recycle
rinse water and use low water use emission devices.
15.17.050 Landscane Water Use Efficiencv Standards - All new SFR, MFR and CII landscape projects as well
as renovated MFR and CII landscape projects must meet the highest water efficient landscape and irrigation
standards such as limiting turf areas, new water efficient spray head requirements, elimination of runoff and
overspray, smart irrigation controller requirement, and dedicated irrigation meter requirement for CII and MFR
accounts.
15.17.060 Water Budgets for New and Existing Dedicated Irrigation Accounts - All MFR and CII accounts with
a dedicated irrigation meter will be assigned an irrigation water budget to which the property owner must
comply. If a water budget is exceeded, the city will meet with the property owner to ensure the budget is met.
15.17.070 Water Waste Prohibition - A new set of water waste standards replaces the City's existing standards.
The new standards include updated technology and requirements ensuring maximum water efficiency
throughout all customer classes in the City.
15.17. 100 Enforcement and Fees - The Department of Water Resources and Conservation intends to make use
of warnings and cooperative enforcement efforts, but ultimately the City will be able to enforce all provisions of
the Water Conservation Ordinance by citations, criminal or civil prosecution, fines, emergency abatement
where appropriate, and other legal processes.
Alternatives
1. Adopt the Ordinance.
2. Receive public comment; provide direction to City Staff for additional assessments of specific
components of the Ordinance.
3. Take no action.
Conclusion
The implementation of the Water Conservation Plan through this ordinance is part of a road map for saving 500
million gallons per year (1,534 acre -ft. annually) of water through 19 programs by 2025 (build out of the
General Plan).
4. FINANCIAL IMPACTS:
As noted in the Water Conservation Plan, the estimated total cost for all 19 components of the program through
2025 is $24.9 million. The Department of Water Resources and Conservation will spend $7.1 million dollars
and developers will spend $17.8 million dollars as the community grows to the anticipated population in 2025.
Developer's costs are supported through this ordinance, requiring new development to be designed with highly
efficient infrastructure. The $7.1 million dollar anticipated spending by the City is for all program elements,
those supported by the ordinance such as change of use and enforcement and other programs costs not
supported by the ordinance such as full time staff funding, Water Wise House Calls, washing machine rebates,
and toilet rebates, etc. The FY 08-09 water and wastewater operating budget for water conservation is $843,000
for the implementation of the City components of the Water Conservation Plan.
In 2007 dollars.
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EFFECTIVE DATE ORDINANCE NO. <> N.C.S.
OF ORDINANCE
Introduced by Seconded by
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA REPEALING
SECTIONS 15.12.071,15.12.072, 15.12.073,15.12.074, 15.12.075, 15,12.076,15.12.077 AND
15.12.078 OF CHAPTER 15.12 AND
ADDING CHAPTER 15.17, WATER CONSERVATION REGULATIONS, TO THE
PETALUMA MUNICIPAL CODE
12
13 WHEREAS, in 1928 the California Legislature mandated, under the State's constitution,
14 that water will not be wasted but put to reasonable and beneficial uses setting the
15 foundation for future water conservation regulations and programs; and
16
17 WHEREAS, in 1983 the California Legislature passed the Urban Water Management
18 Planning Act acknowledging the importance of water conservation and demand
19 management as essential components of water planning; and
20
21 WHEREAS, the City of Petaluma recognizes that water is an essential and limited
22 resource; and
23
24 WHEREAS, the City of Petaluma has historically undertaken a proactive water
25 conservation program to improve the water use efficiency of its customers; and
26
27 WHEREAS, the City of Petaluma jump-started it's water conservation program in
28 October 1999 by supplying 1000 ultra low flush residential toilets; and
29
30 WHEREAS, as a signatory to the Memorandum of Understanding Regarding Urban
31 Water Conservation in California as coordinated by the California Urban Water
32 Conservation Council ("CUWCC") since January 1, 2002, the City has continued to
33 incorporate Best Management Practices ('BMP") for efficient water use; and
34
Ordinance No. <> N.C.S. Page 5
I WHEREAS, the City of Petaluma General Plan 2025 ("General Plan"), in its Water
2 Demand and Supply Analysis, identifies water conservation as an essential source of
3 water supply to meet potable water demand in the City through 2025; and
4
5 WHEREAS, General Plan Policy 8-P-18, programs A, B, C, D and F call for the reduction
6 of potable water demand through conservation, using BMP, implementation of the
7 city's Water Drought Contingency Plan as needed and revising local ordinances as
8 needed to encourage or require use of water -efficient landscaping and elimination of
9 wasteful uses of water; and
10
11 WHEREAS, the Environmental Impact Report ("EIR") prepared for the General Plan
12 relied on increased water conservation to provide potable water offset as part of its
13 evaluation that there would be an adequate water supply in the City to serve General
14 Plan buildout; and
15
16 WHEREAS, after public review and comment, and in full compliance with the
17 California Environmental Quality Act ("CEQA"), on April 7, 2008, the City Council
18 certified the General Plan EIR by adopting Resolution No. 2008-058 N.C.S.; and
19
20 WHEREAS, on May 19, 2008, the City Council adopted Resolution No. 2008-084 N.C.S.
21 making required findings of fact as to the environmental impacts of the General Plan,
22 finding in part that because of the water conservation and water recycling programs
23 contained in the General Plan, its environmental impact on water supply was less than
24 significant under CEQA; and
25
26 WHEREAS, after the completion of all required environmental review and other public
27 process, the General Plan was adopted by City Council Resolution No. 2008-085 N.C.S.
28 on May 19, 2008; and
29
30 WHEREAS, on September 19, 2005, the City Council authorized the City Manager to
31 execute a professional services agreement with Dodson Engineers for engineering
32 services in support of preparation of a Water Conservation Plan; and
33
34 WHEREAS, to develop the Water Conservation Plan, a project team was selected based
35 on their unique skills and expertise in the field of water conservation; the project team
36 consisted of City staff from the Department of Water Resources and Conservation,
37 Department of Community Development, and Department of Parks and Recreation;
38 landscape and irrigation experts, water conservation experts, financial consultant, and
39 internationally acclaimed consultants such as Bill Maddaus (Maddaus Water
40 Management) and Ned Orrett (Resource Performance Partners) and Dodson-Psomas
Ordinance No. <> N.C.S. Page 6
1 Engineers with extensive knowledge of the City's demand and supply needs. Together,
2 this team has over 180 years of experience in the area of water conservation; and
4 WHEREAS, the Water Conservation Plan team met first on November 14, 2005 to begin
5 the development of the Water Conservation Plan. The team met numerous times over
6 the next two year period with the final team meeting occurring on January 25, 2007.
7 Over this period the team analyzed 202 potential water conservation programs using a
8 highly sophisticated computer model known as Least Cost Planning Decision Support
9 System (DSS). Through this process, the team was able to develop a recommended
10 program that met the water conservation plan goal of saving approximately 495 million
11 gallons per year of potable water at buildout of the city's general plan (2025) by
12 implementing 19 water conservation programs; and
13
14 WHEREAS, on September 10, 2006 the City Council considered a draft Water
15 Conservation Plan ("WCP") and provided Department of Water Resources and
16 Conservation ("WRC") staff with direction for further modification; and
17
18 WHEREAS, on January 28, 2008, the City Council adopted Resolution No. 2008-021,
19 approving the WCP; and
20
21 WHEREAS, adoption of a mandatory Water Conservation Ordinance with development
22 standards, landscape water efficiency standards and water waste prohibitions will carry
23 out General Plan policy, provide careful stewardship of water resources available to
24 the City to provide for orderly application of water conservation measures;, and will
25 have the positive impact of creating substantial water savings; and
26
27 WHEREAS, the City Council finds that adoption of this ordinance is exempt from
28 CEQA pursuant to Section 15061(b(3) of the CEQA Guidelines (Title 14, Chapter 3 of the
29 California Code of Regulations) because there is no possibility that the activity may
30 have a significant effect on the environment under CEQA.
31
32
33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
34 PETALUMA AS FOLLOWS:
35
36 Section 1. Findings.
37 The foregoing recitals are true and adopted as findings of the City Council.
38
Ordinance No. <> N.C.S. Page 7
1 Section 2. Repeal of Sections 15.12.071, 15.12.072, 15.12.073, 15.12.074, 15.12.075,
2 15.12.076, 15.12.077 and 15.12.078.
3 Sections 15.12.071, 15.12.072, 15.12.073, 15.12.074, 15.12.075, 15.12.076, 15.12.077 and
4 15.12.078 of the Petaluma Municipal Code are hereby repealed in their entirety.
5
6 Section 3. Addition of Chapter 15.17 to Title 15.
7 Chapter 15.17, Water Conservation Regulations, is hereby added to Title 15 of the
8 Petaluma Municipal Code to read in full as follows:
9
10 Chapter 15.17 Water Conservation Regulations
11
12 15.17.010 Title and Purpose
13 This chapter shall be known as and may be cited as the "City of Petaluma Water
14 Conservation Regulations Ordinance". The purpose of this ordinance is to promote the
15 efficient use and reuse of water by all City of Petaluma water service customers by
16 requiring that all new construction projects and existing customers use water as
17 efficiently as possible and comply with new development standards, landscape water
18 use efficiency standards and water waste prohibition regulations.
19
20 15.17.020 Definitions
21 Unless a provision in this Chapter specifies otherwise, the following terms and phrases,
22 as used in these chapters, shall have the meanings hereinafter designated:
23 A. "Applicant" means the owner(s) of a property subject to compliance with this
24 Ordinance or his or her authorized representative or agent.
25 B. "Authorized representative" or "Agent" — any person(s) with written
26 authorization from the property owner to sign documents and bind the property
27 owner to compliance with this Chapter.
28 C. "Check valve' means a valve installed in a lateral line or at individual sprinkler
29 heads in an irrigation system that prevents water from draining out of the
30 irrigation system after the system has been turned off.
31 D. "City" means the city of Petaluma. The city council of Petaluma may designate
32 the position(s) or person(s) to whom responsibilities and authority of the city are
33 delegated and may from time to time modify such delegations. Absent any
34 further specific delegation by the city council, the authority and responsibility set
35 forth in this chapter shall be delegated to the director of water resources and
36 conservation, including his or her designee(s).
Ordinance No. <> N.C.S. Page 8
1 E. "Dwelling unit" means a room or group of internally connected rooms that have
2 sleeping, cooking, eating and sanitation facilities, but not more than one kitchen,
3 which constitutes an independent housekeeping unit, occupied or intended for
4 one household on a long-term basis, or such other definition as may be
5 subsequently adopted by the city as part of its zoning ordinance and/or
6 development code.
7 F. "ET Controller" or "Smart Controller" means an irrigation system controller or
8 timer that automatically adjusts irrigation run times and run days based on data
9 received from local weather stations. ET stands for evapotranspiration which is
10 the amount of water that has evaporated from the soil and has transpired
11 through the plant.
12 G. "Head-to-head coverage" means coverage resulting from placement of irrigation
13 sprinklers so that the water from one sprinkler throws all the way to adjacent
14 sprinklers.
15 H. "Hardscaped area" means the inanimate elements of landscaping, especially any
16 masonry work or woodwork, stone walls, concrete or brick patios, tile paths,
17 wooden decks and wooden arbors.
18 I. "Hydrozone" means a group of plants that have the same or similar water use
19 requirements.
20 J. "Irrigation season" means the time of year when irrigation first begins at a
21 location and last occurs. The irrigation season in Petaluma is typically
22 March/April through October/November.
23 K. "Irrigation lateral line" means any point in an irrigation valve circuit that is
24 normally not under constant water pressure. This is normally any point
25 downstream from the irrigation remote control valve or hose bib.
26 L. "Irrigation mainline" means any point in the irrigation system that is under
27 constant water pressure. This is normally any point downstream of the water
28 meter up to and including the irrigation remote control valve or hose bib.
29 M. "Master valve" means an irrigation remote control valve that is placed upstream
30 of all other remote control valves and activates and deactivates in conjunction
31 with each subsequent irrigation remote control valve on the irrigation system.
32 T11e purpose of the master valve is to prevent water waste by acting as a separate
33 automatic shutoff valve should any of the subsequent irrigation remote control
34 valves inadvertently stay open.
35 N. "Operating pressure" means the pressure in part of a plumbing or irrigation
36 system, when the system is in normal operation.
37 O. "Overspray" means any water from an irrigation system that lands on an area
38 not intended to be irrigated by the activated valve circuit.
39 P. "Precipitation rates" means the amount of water applied by an irrigation
40 emission device measured in inches per hour.
Ordinance No. <> N.C.S. Page 9
1 Q. "Reference evapotranspiration' means the evapotranspiration, or amount of
2
water that evaporates from the soil and transpires through plant material, that
3
occurs from a standardized "reference" crop such as clipped grass or alfalfa.
4
R.
"Reverse osmosis" means a process by which a solvent such as water is purified
5
of solutes by being forced through a semipermeable membrane through which
6
the solvent, but not the solutes, may pass.
7
S.
"Runoff' means any water from an irrigation system that escapes from an
8
irrigated area onto an area not intended to be irrigated by an activated irrigation
9
valve circuit due to the excessive application of water.
10
T.
"State" means the state of California.
11
U.
"Static water pressure' means the water pressure of a plumbing or irrigation
12
system while the system is not in operation or while no water is moving through
13
the system.
14
V.
"Irrigation valve circuit" means a group of sprinklers that are all turned on and
15
off by the same irrigation valve.
16
W.
"Water factor" means the quotient of the total weighted per -cycle water
17
consumption divided by the capacity of the clothes washer. The lower the value,
18
the more water efficient the clothes washer is.
19
X.
"Water Feature' means any decorative water fountain, pond or other device
20
intended to use water for aesthetic purposes that uses an automatic pump to
21
circulate water.
22 Y. "Wetted diameter" means the area that is wetted by a single sprinkler device and
23 by a series of overlapping sprinkler devices.
24
25 15.17.030 - Develoument Standards
26 The development standards established in this section apply to all new commercial,
27 industrial, institutional, agricultural, single-family and multi -family residential
28 construction, including tenant improvements or a change in use requiring any city
29 entitlement or permit for existing commercial, industrial and institutional accounts. The
30 development standards are intended to ensure that all installed water using fixtures,
31 appliances, irrigation systems, and any other water using devices apply water as
32 efficiently as possible.
33
34 15.17.030.10 Indoor Water Use Develop_ ment Standards -New Single Family Residential
35 Construction
36 Any water using device installed in any new development shall meet the standards of
37 the California Plumbing Code (Part 5, Title 24, California Code of Regulations), and the
38 following:
39
40 15.17.030.20 Standards for New Single-Familv Residential Construction
Ordinance No. <> N.C.S. Page 10
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A. Water closets must be an approved High Efficiency Toilet (HET) as designated
on the city's list of qualifying HET's.
B. Shower heads must not use more than 2 gallons per minute. Where more than
one showerhead exits in a shower unit, each showerhead must be plumbed so
that each showerhead can be turned on and off independently from each other.
C. Any clothes washing machine provided with the residence must have a water
factor of 6 or lower.
D. Lavatory and/or bar faucets must not exceed 1.5 gallons per minute.
E. Kitchen and/or utility sink faucets must not exceed 2.2 gallons per minute.
F. All Dishwashers must have the EPA's Energy Star label.
15.17.030.30 Standards for New Multi-Familv Residential Dwellings
A. Water closets must be an approved High Efficiency Toilet (HET) as designated
on the city's list of qualifying HET's.
B. Shower heads must not use more than 2 gallons per minute. Where more than
one showerhead exits in a shower unit, each showerhead must be plumbed so
that each showerhead can be turned on and off independently from each other.
C. Any clothes washing machine installed on the premises must have a water factor
of 6 or lower.
D. Lavatory and/or bar faucets must not exceed 1.5 gallons per minute.
E. Kitchen and/or utility sink faucets must not exceed 2.2 gallons per minute.
F. All Dishwashers must have the EPA's Energy Star label.
G. Each dwelling unit must be separately metered or sub -metered.
15.17.030.40 Standards for New Commercial. Industrial. or Institutional (CIII Accounts
and Tenant Improvements or Chane_e of Use Rea_uirine Anv Citv Entitlement or Permit
for Existing CII Accounts
A. Water closets and/or urinals must be an approved High Efficiency Toilet (HET)
as designated on the city's list of qualifying CII HET's.
B. Shower heads must not use more than 2 gallons per minute. Where more than
one showerhead exits in a shower unit, each showerhead must be plumbed so
that each showerhead can be turned on and off independently from each other.
C. Commercial clothes washing machines shall have a water factor of 4.5 or lower.
D. Lavatory faucets must be self-closing and not exceed 1.5 gallons per minute. All
faucets must be equipped with an aeration device.
E. Kitchen and/or utility sink faucets must not exceed 2.2 gallons per minute. All
faucets must be equipped with an aeration device.
F. Dishwashers must have the EPA's Energy Star and/or Water Sense designation
and must recycle the final rinse into the next wash cycle.
Ordinance No. <> N.C.S. Page 11
1 G. Pre -rinse hand-held dish -rinsing wands must not exceed 1.6 gpm and must
2 utilize positive shut-off valves.
3 H. Cooling Towers (see Section 15.48.070 of this code, Sewer Use and Source
4 Control Regulations).
5 I. Ice makers must be air-cooled.
6 J. Any other water using apparatus not mentioned above must use or reuse water
7 as efficiently as possible and must be approved by the city prior to installation.
9 15.17.040 Standards for New or Renovated Vehicle Wash Facilities.
10 A. Vehicle wash facilities using conveyorized, touchless, and / or rollover in -bay
11 technology shall reuse a minimum of fifty percent of water from previous vehicle
12 rinses in subsequent washes.
13 B. Vehicle wash facilities using reverse osmosis to produce water rinse with a lower
14 mineral content shall incorporate the unused concentrate in subsequent vehicle
15 washes.
16 C. Self-service spray wands shall emit no more than three (3) gallons of water per
17 minute.
18
19 15.17.050 Landscape Water Use Efficiencv Standards
20
21 15.17.050.10 ProDerties Excluded from ADDlicability
22 The landscape water use efficiency standards described herein do not apply to
23 registered historical sites (if the landscape is a part of the historic designation),
24 properties irrigating with private well water, properties irrigated with recycled water or
25 for zoned agricultural cultivation. Owners of these excluded properties are encouraged
26 to implement efficient landscape water use practices.
27
28 15.17.050.20 LandscaDe Water Use Efficiencv Standards for all New Sinele Family
29 Residential ("SFR") and Multi -Family ("MFR") Residential. Commercial, Industrial and
30 Institutional (CII) LandscaDe Installations
31 This subsection applies to all new residential and CII landscape installation projects and
32 to CII and MFR projects which propose renovation of 5,000 square feet or more of
33 existing landscaping within one twelve month period.
34
35 A. ADDlication Process
36 Prior to installation of the proposed landscape and/or irrigation project the
37 applicant shall submit to the City a set of scaled landscape and irrigation plans
38 which shall include but not be limited to:
39
Ordinance No. <> N.C.S. Page 12
1. A planting plan indicating: location and square footages of turf, high
water use plants and low water use plants per water meter; existing plant
names and locations; a plant legend indicating Latin and common names
of new plants, and sizes and quantities of new plants; hardscaped areas
and; swimming pools, spas and water features.
7 2. An irrigation plan shall be submitted where irrigation hardware other
8 than drip irrigation will be installed. When only drip irrigation will be
9 installed an irrigation plan is not required for submittal. A description of
10 the drip irrigation components shall be sufficient. The description shall
11 include: manufacturer, name and specifications of all drip irrigation
12 components; gallons per hour (gph) per emission device; and number,
13 type, and gph of emission devices per plant size. Where microspray
14 emission devises will be used, the rated gph shall be noted and the area(s)
15 being irrigated under microspray shall be described. A pressure reducing
16 valve must be installed where the operating pressure will exceed the
17 manufactures recommendation of any drip irrigation emission device.
18
19 Where any non -drip irrigation hardware is used an irrigation plan shall be
20 submitted indicating: type(s) and size(s) of irrigation pipe; location,
21 quantity and type of irrigation emission device(s) with manufacturer
22 name and rated specifications of gallons per minute (gpm) of each device;
23 manufacturers recommended operating pressure in pounds per square
24 inch (psi) and precipitation rates for each device; location and type of
25 backflow prevention device and pressure reducing valve(s); valve type(s)
26 and size(s); valve location(s); gallons per minute and valve circuit number
27 for each valve circuit, and; manufacturer's name and type of automatic
28 irrigation controller(s). When more than one water meter exists for a
29 particular landscape, each meter shall be designated and labeled as M-1,
30 M-2, M-3, etc and noted on the irrigation plan. The meter number must be
31 labeled with each valve number when more than one meter exists.
32
33 3. A grading and drainage plan indicating site elevations.
34
35 B. Plan Review and Landscane Water Budget Assignment
36 The City, or its agent, will review the submitted set of plans to ensure
37 compliance of the landscape and irrigation standards. For accounts with
38 dedicated irrigation meters, the City will assign a landscape water budget to the
39 project in order to monitor landscape water use and to help determine the
40 amount of water that should be applied to the landscape. The landscape water
Ordinance No. <> N.C.S. Page 13
1 budget will allocate a determined amount of water to be dedicated to the
2 landscape. The water budget will act as a guide for customers to use to irrigate
3 their landscape. It will also provide a benchmark for evaluating water use
4 efficiency. Any multi -family residential or CII customer who exceeds their water
5 budget by 20% will be in violation of this ordinance and will be subject to
6 enforcement. The landscape water use budget will be implemented upon final
7 project approval.
8
9 C. Landscape Water Use Efficiency Standards
10
11 1. A dedicated irrigation meter(s) must be installed for all CII and multi -
12 family residential projects. The dedicated irrigation meter shall separate
13 all outdoor irrigation water use from all other water use.
14 2. Pressure regulation is required where site static water pressure will
15 exceed 80 pounds per square inch (psi).
16 3, Backflow Prevention devices must be installed where required by state
17 and local codes.
18 4. A master valve shall be installed after the backflow prevention device and
19 before all irrigation system valves.
20 5. Soils in landscaped areas must be amended to promote optimal plant
21 health and maximum water infiltration.
22 6. The use of California native plants is highly encouraged.
23 7. Plant water use classifications will be determined using the Water Use
24 Classification of Landscape Species (WUCOLS) rating system.
25 8. Irrigation systems shall be designed and installed to maximize efficiency
26 during operation. System design shall include but not be limited to:
27 a. All overhead spray irrigation systems other than drip irrigation
28 applications shall be a brake rotary type and be a multi -stream,
29 multi -trajectory rotating stream sprinkler with matched
30 precipitation rates. The sprinkler shall produce and maintain a
31 matched precipitation rate no greater than 0.6" per hour
32 throughout the arc adjustment range and radius adjustment range,
33 (up to 25% of radius reduction), when spaced at 50% of wetted
34 diameter. For applications where the radius is designed to exceed
35 thirty feet, water conserving rotor type sprinkler heads shall be
36 permitted.
37 b. Individual hydrozones must be irrigated by separate valve circuits.
38 c. Irrigation systems must be designed and installed to prevent run
39 off and overspray.
40 d. Check valves must be installed to prevent low head drainage.
Ordinance No. o N.C.S. Page 14
1 e. Head-to-head coverage is required for all turf areas.
2 9. Turf and High Water Use Plant Restrictions:
3 a. Turf and high water use plants shall occupy no more than a
4 combined 20% of the total irrigated landscaped area.
5 b. Turf areas shall not be less than 8 feet wide.
6 c. Turf is not permissible on slopes greater than 10%.
7 10. All automatic irrigation controllers must be labeled as ET Controllers or
8 Smart Controllers or otherwise have the ability to automatically adjust
9 irrigation start -times, run-times and/or run days based on local or site
10 specific soil moisture levels, weather and/or reference evapotranspiration
11 data. These controllers or devices must be labeled by the Irrigation
12 Association (IA) as a Smart Water Applications Technology (SWAT) and
13 must have passed the SWAT testing protocols by 100 percent in all testing
14 parameters.
15 11. A minimum 3 inch layer of porous mulch is required for all irrigated areas
16 other than turf, ground cover, or annual color areas.
17 12. Rain shut-off devices shall be installed on any controller not equipped to
18 halt irrigation during and after rain as appropriate.
19 13. All water features must utilize recirculating water.
20
21 15.17.050.30 Landscaue Water Use Efficiencv Standards for Renovated Commercial,
22 Industrial and Institutional (CID and Multi Familv Residential (MFR) Landscape
23 Projects
24 A. ADOlicability
25 This section applies to all CII and MFR landscape renovation projects. Renovated
26 landscape construction shall be defined as any landscape project considered for
27 installation where more than 1,000 square feet and up to 5,000 square feet of the
28 existing landscaping will be renovated. CII/MFR landscape renovation projects
29 where more than 5,000 square feet of existing landscaping proposed for
30 renovation within a twelve month period must comply with the standards
31 established in Section 15.17.050.20.
32
33 B. ADDlication Process
34
35 1. CII/MFR Landscape Renovation Project Description Form
36 Prior to the demolition and installation of the proposed landscape renovation
37 project, the applicant shall submit to the City the CII/MFR Renovation Project
38 Description form describing the renovation project including square footages
39 of existing landscaping to be renovated and square footages of new
40 landscaping to be installed.
Ordinance No. <> N.C.S. Page 15
2 The City, or its agent, will review the submitted form to ensure compliance of
3 the below listed standards. Once the form is reviewed and approved, the City
4 will submit to the applicant an authorization to proceed with the landscape
5 and/or irrigation renovation project.
7 C. Landscape Water Use Efficiency_ Standards
8 1. All landscape and/or irrigation systems shall be installed so as not to
9 violate the City's Water Waste Policy.
10 a. The City encourages the installation of a dedicated irrigation
11 meter(s) or sub -meter during the renovation process.
12 2. The use of California native plants is highly encouraged.
13 3. Irrigation systems shall be designed and installed to ensure the efficient
14 use of water during operation. System design shall include but not be
15 limited to:
16 a. All overhead spray irrigation systems other than drip irrigation
17 applications shall be a brake rotary type and be a multi -stream,
18 multi -trajectory rotating stream sprinkler with matched
19 precipitation rates. The sprinkler shall produce and maintain a
20 matched precipitation rate no greater than 0.6" per hour
21 throughout the arc adjustment range and radius adjustment range,
22 (up to 25% of radius reduction), when spaced at 50% of wetted
23 diameter. Operating pressure of each sprinkler head shall be at the
24 manufacturer's recommendation for optimal performance. For
25 applications where the radius is designed to exceed thirty feet,
26 water conserving rotor type sprinkler heads shall be permitted.
27 b. Individual hydrozones must be irrigated by separate valve circuits.
28 c. Irrigation systems must be designed to prevent run off and
29 overspray.
30 d. Check valves must be installed to prevent low head drainage.
31 e. Head-to-head coverage is required for all turf areas.
32 4. Turf and High Water Use Plant Restrictions:
33 a. Turf and high water use plants shall occupy no more than a
34 combined 20% of the total renovated landscaped area.
35 b. Turf areas shall not be less than 8 feet wide.
36 c. Turf is not permissible on slopes greater than 10%.
37 5. All automatic irrigation controllers must be labeled as ET Controllers or
38 Smart Controllers or otherwise have the ability to automatically adjust
39 irrigation start -times, run-times and/or run days based on local or site
40 specific moisture levels, weather and/or reference evapotranspiration
Ordinance No. <> N.C.S. Page 16
1 data. These controllers or devices must be labeled by the Irrigation
2 Association (IA) as a Smart Water Applications Technology (SWAT) and
3 must have passed the SWAT testing protocols by 100 percent in all testing
4 parameters.
5 6. Rain shut-off devices shall be installed on any controller not equipped to
6 halt irrigation during and after rain as appropriate.
7 7. A minimum 3 inch layer of porous mulch is required for all irrigated areas
8 other than turf, ground cover, or annual color areas.
9 8. All water features must utilize recirculating water.
10
11 15.17.050.40 Landscape Water Use Efficiency Standards for Nezo and/or Renovated
12 Parks/Playgrounds, Golf Courses. School Grounds. Cemeteries and Sports Fields.
13
14 A. Aunlicability and Landscape Water Use Efficiency Standards
15 The standards established in Sections 15.17.50.20 or 15.17.50.30 apply with the following
16 exceptions:
17 1. Turf area limits will be waived for parks, playgrounds, golf courses, sports fields
18 and school grounds if it is demonstrated by the applicant to the City's
19 Department of Water Resources and Conservation that the new/renovated turf
20 area is designed for recreational purposes.
21 2. Renovated cemeteries must demonstrate that new turf or renovated turf will be
22 used for foot traffic or vehicular traffic for cemetery plot access.
23
24
25
26 15.17.060 Water Budaets for New and Existina Dedicated Irriaation Accounts
27 The city shall provide any account with a dedicated irrigation meter(s) a landscape
28 water budget. The water budget will be calculated by the city or its agent by measuring
29 the total irrigated landscaped area and the plant type(s) that exist per water meter. Any
30 account assigned a water budget may not exceed the water budget for that billing
31 period by more than 20% during that billing period. Accounts that exceed their water
32 budget by more than 20% will be notified by the city. The city will work with the
33 property owner or its authorized representative to ensure corrective actions are taken.
34 Exceeding an account's water budget by more than 20% more than two times in one
35 twelve month period and/or failure to cooperate with the city in taking corrective action
36 after notification by the city of specific action(s) to be taken shall constitute a violation
37 of this chapter.
38
39 15.17.070 Water Waste Prohibition
40
Ordinance No. <> N.C.S. Page 17
1 The purpose this section is to promote water conservation and efficient use of potable
2 water furnished by the City of Petaluma by eliminating nonessential water use and
3 intentional or unintentional water waste when a reasonable alternative solution is
4 available and by prohibiting the use of water equipment that is wasteful.
5
6 15.17.070.10 Nonessential Uses Defined and Prohibited.
7
8 No customer of the City shall use or permit the use of potable water from the City for
9 residential, commercial, institutional, industrial, agricultural, or other purpose for the
10 following nonessential uses:
11
12 A. The washing of sidewalks, walkways, driveways, parking lots and other hard -
13 surfaced areas by direct hosing not equipped with a shutoff nozzle, except as
14 may be necessary to properly dispose of flammable or other dangerous liquids or
15 substances and/or to prevent or eliminate materials dangerous to the public
16 health and safety;
17 B. The escape of water through breaks or leaks within the customers plumbing or
18 private distribution system for any substantial period of time within which such
19 break or leak should reasonably have been discovered and corrected. It shall be
20 presumed that a period of one (1) hour to stop the flow of water from such break
21 or leak after the consumer discovers such a break or leak or receives notice from
22 the City and seventy-two (72) hours to correct such break or leak after the
23 consumer discovers such a break or leak or receives notice from the City, is a
24 reasonable time period;
25 C. Irrigation in a manner or to the extent that allows runoff of water or over -spray
26 of the areas being irrigated. Every customer is deemed to have their irrigation
27 system under control at all times, to know the manner and extent of their water
28 use and any runoff and overspray, and to employ available alternatives to apply
29 irrigation water in an efficient manner;
30 D. Washing cars, boats, trailers, or other vehicles, equipment and machinery
31 directly with a hose not equipped with a hose -end shutoff nozzle;
32 E. Using water for non -recycling water features;
33 F. Using water for single pass evaporative cooling systems for air conditioning in
34 all connections installed after July 1, 2001, unless required for health or safety
35 reasons;
36 G. Using water for new non -recirculating conveyor car wash systems; Self-service
37 car wash spray wands shall emit no more than three gallons of water per minute;
38 H. Using water for new non -recirculating industrial clothes wash systems.
39 I. Dedicated irrigation accounts exceeding the allocated water budget by more
40 than 20% in any billing period.
Ordinance No. <> N.C.S. Page 18
2 15.17.070.20 Pressure Regulation
3 A pressure -regulating valve shall be installed and maintained by the consumer if
4 static service pressure at the meter exceeds 80 pounds per square inch. The
5 pressure -regulating valve shall be located between the meter and the structure
6 valve, and set at not more than 60 pounds per square inch when measured at the
7 structure valve. This requirement may be waived if the consumer presents
8 evidence satisfactory to the City that high pressure is necessary in the design and
9 that no water will be wasted as a result of high-pressure operation.
10
11 15.17.070.30 Swimming Pool and Sna Covers
12 Covers are required for all outdoor swimming pools and spas.
13
14 15.17.070.40 Exempt Water Uses
15 All water use associated with the operation and maintenance of fire suppression
16 equipment or employed by the City for water quality flushing and sanitation purposes
17 shall be exempt from the provisions of this section. Use of water supplied by a private
18 well or from properly authorized recycled water, gray water, or rainwater catchment
19 system is also exempt.
20
21 15.17.80 Exceptions
22 Any customer of the City may make written application for an exception to the Water
23 Conservation Regulations Ordinance. Said application shall describe in detail why
24 applicant believes an exception is justified:
25
26 A. The Director of Water Resources and Conservation may grant exceptions for
27 use of water otherwise prohibited by this ordinance if an exception is
28 necessary to avoid an adverse impact on health, sanitation or safety of the
29 applicant or the public, and/or to avoid undue hardship for the applicant or
30 the public. Any exception granted shall not be broader than necessary, or of a
31 duration longer than necessary to avoid the adverse effect on health,
32 sanitation, fire protection or safety and/or to avoid the undue hardship.
33
34 B. The decision of the Director of Water Resources and Conservation may be
35 appealed to the City Council by submitting a written appeal to the City Clerk
36 within fifteen (15) calendar days of the date of the decision. Upon granting
37 any appeal, the Council may impose any conditions it determines to be just
38 and proper. Exceptions granted by the Council shall be prepared in writing,
39 and the Council may require the exception be recorded at applicant's
40 expense.
Ordinance No. <> N.C.S. Page 19
1
2 15.17.090 Anolicability of Water Shortage Emergencv Regulations.
3 In the event of conflict between the provisions this chapter and the provisions of
4 Chapter 15.18 of this code, the provisions of Chapter 15.18 shall supersede the
5 provisions of this chapter from such time as the city council has determined and
6 declared by resolution that a water shortage emergency exists pursuant to Chapter
7 15.18, as it may be subsequently amended, until such time as the declaration of
8 emergency has been suspended by later resolution of the city council.
9 15.17.100 Enforcement and Fees
10 A. Depending on the extent of the water waste, the city may, after written
11 notification to customer and a reasonable time to correct the violation as solely
12 determined by the city, take some or all of the following actions. Seventy-two hours
13 from notice of the violation shall be considered a reasonable time for correction, absent
14 unusual circumstances that lengthen or shorten the reasonable time for correction.
15 Penalties, fees and charges noted below shall be established by resolution of the city:
16 1. Personal contact with the customer at the address of the water service. If
17 personal contact is unsuccessful, written notice of the violation including a date
18 that the violation is to be corrected may be left on the premises, with a copy of the
19 notice sent by certified mail to the customer.
20 2. The city may install a flow -restricting device on the service line.
21 3. The city may levy a water waste fine to the customer.
22 4. The city may shut off water service, and the charge for same shall be
23 billed to the customer. Except in cases of extreme emergency as solely determined
24 by the city manager, service shall not be reinstated until verified by the city that the
25 violation has been corrected and all charges and fees have been paid.
26 B. Depending on the nature and extent of water waste and/or the condition creating
27 water waste, the city may discontinue water services without notice, pursuant to
28 Section 15.12.070, and/or discontinue water services pursuant to Section 15.12.080
29 of this code.
30 C. In addition to discontinuance of water services, any violation of this
31 chapter is subject to enforcement as specified in Chapters 1.10 through 1.16 of this code.
32
33 Section 4. Reoeal of Conflicting Provisions
Ordinance No. <> N.C.S. Page 20
1 All existing code provisions, ordinances and parts of ordinances in conflict with the
2 provisions of this ordinance are repealed upon the effective date of this ordinance,
3 except that provision of Chapter 15.18 of this code which conflict with the provisions of
4 this ordinance may be implemented and enforced at any time when the city council has
5 determined and declared by resolution that a water shortage emergency exists pursuant
6 to Chapter 15.18, as it may be subsequently amended.
7
8 Section S. Severabilitv
9 If any provision of this ordinance or the application thereof to any person or
10 circumstance is held invalid, the remainder of the ordinance, including the application
11 of such part or provision to other persons or circumstances shall not be affected thereby
12 and shall continue in full force and effect. To this end, provisions of this ordinance are
13 severable. The City Council hereby declares that it would have passed each section,
14 subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the
15 fact that any one or more sections, subsections, subdivisions, paragraphs, sentences,
16 clauses, or phrases be held unconstitutional, invalid, or unenforceable.
17
18 Section 6. Effective Date
19 This ordinance shall become effective thirty (30) days after the date of its adoption by
20 the Petaluma City Council.
21
22 Section 7. Publication
23 The City Clerk is hereby directed to post and/or publish this ordinance or a synopsis of
24 it for the period and in the manner required by the City Charter.
25
26
27 1173037.1
Ordinance No. <> N.C.S. Page 21