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HomeMy WebLinkAboutOrdinance 2316 N.C.S. 01/05/2009 EFFECTIVE DATE ORDINANCE NO. 2316 N.C.S. OF ORDINANCE February 5, 2009 1 Introduced by Seconded by 2 3 4 Tiffany Renee Teresa Barrett 5 6 7 AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA REPEALING SECTIONS 15.12.071, 8 15.12.072, 15:12.073, 15.12.07A, 15.12.075, 15, 12.OIb, 15.12.077 AND 15.12.078 OF CHAPTER 15.12 9 AND ADDING CHAPTER 15.17, WATER CONSERVATION REGULATIONS, TO THE 10 PETALUMA MUNICIPAL CODE 11 12 WHEREAS, in 1928 the California Legislature mandated, under the State's constitution, 13 that water will not be wasted but put to reasonable and beneficial uses setting the foundation 14 for future water conservation regulations and programs; and, 15 76 WHEREAS, in 1983 the California Legislature passed the Urban Water Management 17 Planning Act acknowledging the importance of water conservation and demand management 18 as essential components of water planning; and, 19 20 WHEREAS, the City of Petaluma recognizes that water is an essential and limited resource; 21 and, 22 23 WHEREAS, the City of Petaluma has. historically undertaken a proactive water 24 conservation program to improve the water use efficiency of its customers; and, 25 26 WHEREAS, the City of Petaluma jump-started its water conservation program in October 27 1994 by supplying 1000 ultra low flush residential toilets; and, 28 29 WHEREAS, as a signatory to the Memorandum of Understanding Regarding Urban Water 30 Conservation in California as coordinated by the California Urban Water Conservation Council 31 ("CUWCC") since January 1, 2002, the City has continued to incorporate Best Management 32 Practices ("BMP") for efficient water use; ond, 33 34 WHEREAS, the City of Petaluma General Plan 2025 ("General Plan"J, in its Water Demand 35 and Supply Analysis, identifies water conservation as an essential source of water supply to meet 36 potable water demand in the City through 2025; and, 37 38 WHEREAS, General Plan Policy 8-P-18, programs A, B, C, D and F call for the reduction of 39 potable water demand through conservation, using BMP, implementation of the City's Water 40 Drought Contingency Plan as needed and revising local ordinances as needed to encourage or 41 require use of water-efficient landscaping and elimination of wasteful uses of water; and, 42 Ordinance No. 2316 N.C.S. Page 1 1 WHEREAS, the Environmental Impact Report ~"EIR") prepared for the General Plan relied 2 on increased wdter conservation to provide potable water offset as part of its evaluation that 3 there would bean adequate water supply in the City to serve General Plan buildout; and, 4 5 WHEREAS, after public review and comment, and in full compliance with the California 6 Environmental Quality Act ("CEQA"), on April 7, 2008, the City Council certified the General Plan 7 EIR by adopting Resolution No. 2008-058 N.C.S.; and, 8 9 WHEREAS, on May 19, 2008, the City Council adopted Resolution No. 2008-084 N.C.S. 10 .making required findings of fact as to the environmental impacts of the General Plan, finding in 11 part that because of the water conservation and water recycling programs contained in the 12 General Plan, its environmental impact on water supply was less than significant under CEQA; 13 and, 14 15 WHEREAS, after the completion of all required environmental review and other public 16 process, the General Plan was adopted by City Council Resolution No. 2008-085 N.C.S. on May 17 19, 2008; and, 18 19 WHEREAS, on September 19, 2005, the City Council authorized the Gty Manager to 20 execute a professional services agreement with Dodson Engineers for engineering services in 21 support of preparation of a Wafer Conservation Plan; and, 22 23 WHEREAS, to develop the Water Conservation Plan, a project team was selected based 24 on their unique skills and expertise in the field of water conservation; the project team consisted 25 of City staff from the Department of Water Resources and Conservation, Department of 26 Community Development, and Department of Parks and Recreation; landscape and irrigation 27 experts, water conservation experts, financial consultant, and internationally acclaimed 28 consultants such as Bill Maddaus (Maddaus Water Management) and Ned Orrett (Resource 29 Performance Partners) and Dodson-Psomas Engineers with extensive knowledge of the City's 30 demand and supply needs. Together, this team has over 180 years of experience in the area of 31 water conservation; and, 32 33 WHEREAS, the Water Conservation Plgn team met first on November 14, 2005 to begin 34 the development of the Water Conservation Plan. The team met numerous times over the next 35 two year period with the final team meeting occurring on January 25, 2007. Over this period the 36 team analyzed 202 potential water conservation programs using a highly sophisticated 37 computer model known as Least Cost Planning Decision SupporfSystem (DSS). Through this 38 process, the team was able to develop a recommended program that met the water 39 conservation plan goal of saving approximateVy 495 million gallons per year of potable water at 40 buildout of the City's general plan (2025) by implementing 19 water conservation programs; 41 and, 42 43 WHEREAS, on September 10,.2006 the City Council considered a draft Water 44 Conservation Plan ("WCP") and provided Department of Water Resources and Conservation 45 ("WRC") staff with direction for further modification; and, 46 47 WHEREAS, on Jdnuary 28, 2008, the City Council adopted Resolution No. 2008-021 N.C.S., 48 approving the WCP; and, 49 50 WHEREAS, adoption of a mandatory Wafer Conservation Ordinance with development 51 standards, landscape water efficiency standards and water waste prohibitions will carry out 52 General Plan policy, provide careful stewardship of water resources available to the City to Ordinance No. 2316 N.C.S. Page 2 1 provide for orderly application of water conservation measures;, and will have the positive 2 impact of creating substantial water savings; and, 3 4 WHEREAS, the City Council finds that adoption bf this ordinance is exempt from CEQA 5 pursuant to Section 15061(b~3) of the CEQA Guidelines Title 14, Chapter:3 of the California 6 Code of Regulations) because there is no possibility that the activity may have a significant 7 effect on the environment under CEQA. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS 70 FOLLOWS: 11 12 Section 1. Findings. 13 14 The foregoing recitals are true and adopted as findings of the City Council. 15 16 Section 2. Repeal of Sections 15.12.071, 15.12.072, 15.12.073, 15.12.074, 15.12:075, 15.12.076, 17 15.12.077 and 15.12.078. 18 19 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 20 of the Petaluma Municipal Code are hereby repealed in their entirety. 21 22 Section 3. Addition of Chapter 15.17 to Title 15. 23 24 Chapter 15.17, Water Conservation Regulations, is hereby added to Title 15 of the Petaluma 25 Municipal Code to read in full as follows: 26 27 Chapter 15.17 Water Conservation Regulations 28 29 15.1.7.010 Title and Purpose 30 31 This chapter shrill be known as and may be cited as the "City of Petaluma Water Conservation 32 Regulations Ordinance." The purpose of this ordinance is to promote the efficient use and reuse 33 of water by all City of Petaluma water service customers by requiring that all new construction 34 projects and existing customers use water as efficiently as possible and comply with new 35 development standards, landscape water use efficiency standards and water waste prohibition 36 regulations. 37 38 15.17.020 Definitions 39 40 Unless a provision in this Chapter specifies otherwise, the following terms and phrases, as used in 41 these chapters, shall have the meanings hereinafter designated: 42 43 A. "Applicant" means the ownerjs) of a property subject to compliance with this 44 Ordinance or his or her authorized representative or agent. 45 46 B. "Authorized representative" or "Agent" -any personjs) with written authorization from 47 the property owner to sign documents and bind the property owner to compliance with 48 this Chapter. 49 50 C. "Check valve" means a valve installed in a lateral line or at individual sprinkler heads in 51 an irrigation system that prevents water from draining out of the irrigation system after the 52 system has been turned off. Ordinance No. 2316 N.C.S. Page 3 1 2 D. "City" means the City of Petaluma. The City Council of Petaluma may designate the 3 positions) or persons) to whom responsibilities and authority of the City are delegated 4 and may from time to time modify such delegations. Absent any further specific 5 delegation by the City Council, the authority and responsibility set forth in this chapter 6 shall be delegated to the director of water resources and conservation, including his or 7 herdesignee~s). 8 9 E. "Dwelling unit" means a room or group of internally connected rooms that have 10 sleeping, cooking, eaiing and sanitation facilities, but not more than one kitchen, which 11 constitutes an independent housekeeping unit, occupied or intended for one household 12 on a long-term basis, or such other definition as may be subsequently adopted by the 13 Cifygs part of its zoning ordinance and/or development code. 14 15 F. "ET Controller" or "Smart Controller" means an irrigation system controller or timer that 16 automatically adjusts irrigation run times and run days based on data received from 17 local weather stations. ET stands for evapotranspiration which is the amount of water that 18 has evaporated from the soil and has transpired through the plant. 19 20 G. "Head-to-head coverage" means coverage resulting from placement of irrigation 21 sprinklers so that the water from one sprinkler throws all the way to adjacent sprinklers. 22 23 H. "Hardscaped area" means the inanimate elements of landscaping, especially any 2~ masonry work or woodwork, stone walls, concrete or brick patios, file paths, wooden 25 decks and wooden arbors. 26 27 I. "Hydrozone" means a group of plants that have the same or similar water use 28 requirements. 29 30 J. "Irrigation season" means the time of year when irrigation first begins at a location and 31 last occurs. The irrigation season in Petaluma is typically March/April through 32 October/November. 33 34 K. "Irrigation Idteral line" means any point in an irrigation valve circuit that is normally not 35 under constant water pressure. This is normally any point downstream from the irrigation 36 remote controlvalve or hose bib. 37 38 L. "Irrigation mainline" means any point in the irrigation system that is under constant water 39 pressure. This is normally any point downstream of the water meter up to and including 40 the irrigation remote control valve or hose bib. 41 42 M. "Master valve" means an irrigation remote control valve that is placed upstream of all 43 other remote control valves and activates and deactivates in conjunction with each 44 subsequent irrigation remote control valve on the irrigation system. The purpose of the 45 master valve is to prevent water waste by acting as a separate automatic shutoff valve 46 should any of the subsequent irrigation remote control valves inadvertently stay open. 47 48 N. "Operating pressure" means the pressure in part of a plumbing or irrigation system, when 49 the system is in normal operation. 50 51 Ordinance No. 2316 N.C.S. Page 4 1 O. "Overspray" means any water from an irrigation system that lands on an area not 2 intended to be irrigated by the activated valve circuit. 3 4 P. "Precipitation rates" means the amount of water applied by an irrigation emission device 5 measured in inches per hour. 6 7 Q. "Reference evapotranspiration" means the evapotranspiration, or amount of water that 8 evaporates from the soil and transpires through plant material, that occurs from a 9 standardized "reference" crop such as clipped grass or alfalfa. 10 11 R. "Reverse osmosis" means a process by which a solvent such as water is purified of solutes 12 by being forced through a semipermeable membrane through which the solvent, but 13 not the solutes, may pass. ]4 15 S. "Runoff" means any water from an irrigation system that escapes from an irrigated area 16 onto an area not intended to be irrigated by an activated irrigation valve circuit due to 17 the excessive application of water. 18 19 T. "State" means the state of California. 20 21 U. "Static water pressure" means the water pressure of a plumbing or irrigation system while 22 the system is not in operation or while no water is moving through the system. 23 24 V. "Irrigation valve circuit" means a group of sprinklers that are all turned on and off by the 25 same irrigation valve. 26 27 W. "Water factor" means the quotient of the total weighted per-cycle water consumption 28 divided by the capacity of the clothes washer. The lower the value, the more water 29 efficient the clothes washer is. 30 31 X. "Water Feature" means any decorative water fountain, pond or other device intended 32 to use water for aesthetic purposes that uses an automatic pump to circulate water. 33 34 Y. "Wetted diameter" means the area that is wetted by a single sprinkler device and by a 35 series of overlapping sprinkler devices. 36 37 15.17.030 -Development Standards 38 39 The development standards established in this section apply to all new commercial, industrial, 40 institutional, agricultural, single-family and multi-family residential construction, including tenant 41 improvements or a change in use requiring any City entitlement or permit for existing 42 commercial, industrial and institutional accounts. The development standards are intended to 43 ensure that all installed water using fixtures, appliances, irrigation systems, and any other water 44 using devices apply water as efficiently as possible. 45 46 15 17 030 10 Indoor Water Use Development Standards-New Single Family Residential 47 Construction 48 49 Any water using device installed in any new development shall meet the standards of the 50 California Plumbing Code (Part 5, Title 24, California Code of Regulations(, and the following: 51 52 Ordinance No. 2316 N.C.S. Page 5 1 15 17 030 20 Standards for New Single-Family Residential Construction 2 3 1. Water closets must be an approved High Efficiency Toilet (HET) as designated on the 4 City's list of qualifying HET's. 5 6 2. Shower heads must not use more than 2 gallons per minute. Where more than one 7 showerhead exits in a shower unit, each showerhead must be plumbed so that each 8 showerhead can be turned on and off independently from each other. 9 10 3. Any clothes washing machine provided with the residence must have a water factor of 6 11 or lower. 12 13 4. Lavatory and/or bar faucets must not exceed 1.5 gallons per minute. 14 15 5. Kitchen and(or utility sink faucets must not exceed 2.2 gallons per minute. 16 17 6. All Dishwashers must have the EPA's Energy Star label. 18 19 .15 17 030 30 Standards for New Multi-Family Residential Dwellings 20 21 1. Water closets must be an approved High Efficiency Toilet (HET) as designated on the 22 City's list of qualifying HET's. 23 24 2. Shower heads must not use more than 2 gallons per minute. Where more than one 25 showerhead exits in a shower unit, each showerhead must be plumbed so that each 26 showerhead can be turned on and off independently from each other. 27 28 3. Any clothes washing machine installed on the premises must have a water factor of 6 or 29 lower. 30 31 4. Lavatory and/or bar faucets muss not exceed 1.5 gallons per minute. 32 33 5. Kitchen ahdfor utility sink faucets must not exceed 2.2 gallons per minute. 34 35 6. All Dishwashers must have the EPA's Energy Star label. 36 37 7. Each dwelling unit must be separately metered or sub-metered. 38 39 15 17.030 40 Standards for New Commercial Industrial or {nstitutional CII) Accounts and Tenant 40 Improvements or Change of Use Reauirinq Any City Entitlement or Permit for Existing CII Accounts 41 42 1. Water closets and/or urinals must be an approved High Efficiency Toilet (HET) as 43 designated on the City's list otqualifying CII HET's. 44 45 2. Shower heads must not use more than 2 gallons pet minute. Where more than one 46 showerhead exits in a shower unit, edch showerhead must be plumbed so that each 47 showerhead can be turned on and off independently from each other. 48 49 3. Commercial clothes washing machines shall have a water factor of 4.5 or lower. 50 51 OrUinance No. 2316 N,C.S. Page 6 1 4. Lavatory faucets must be self closing and not exceed 1.5 gallons per minute. All faucets 2 must be equipped with an aeration device. 3 4 5. Kitchen and/or utility sink faucets must not exceed 2.2 gallons per minute. All faucets 5 must be equipped with an,aeration device. 6 7 6. Dishwashers must have the EPA's Energy Stgrand/or Water Sense designation and must 8 recycle the final rinse into the next wash cycle. 9 10 7. Pre-rinse hand-held dish-rinsing wands must not exceed l.b gpm and must utilize posiTive 11 shut-off valves. 12 13 8. Cooling Towers (see Section 15.48.070 of This code, Sewer Use and Source Control 14 Regulations). 15 16 9. Ice makers must be air-cooled. 17 18 10. Any other water using apparatus not mentioned above must use or reuse water as 19 efficiently as possible and must be approved by the City prior to installation. 20 21 15.17.040 Standdrds for New or Renovated Vehicle Wash Facilities. 22 23 A. Vehicle wash facilities using conveyorized, touchless; and / or rollover in-bay technology 24 shall reuse a minimum of fifty percent of water from previous vehicle rinses in subsequent 25 washes. 26 27 B. Vehicle wash facilities using reverse osmosis to produce water rinse with a lower mineral 28 content shall incorporate the unused concentrate in subsequent vehicle washes. 29 30 C. Self-service spray wands shall emit no more than three (3) gallons of water per minute. 31 32 TS 17 050 Landscape Water Use Efficiency Standards 33 34 15 17.050 10 Properties Excluded from Applicability 35 36 The landscape wafer use efficiency standards described herein do not apply to registered 37 historical sites (if the landscape is a part of the historic designation), properties irrigating with 38 private well water, properties irrigated with recycled water or for zoned agricultural cultivation. 39 Owners of these excluded properties are encouraged to implement efficient landscape wgter 40 use practices. 41 42 15.17.050.20 Landscape Water Use Efficiency Standards for all New Sinale Family Residential 43 ~"SFR") and Multi-Family ("MFR"1 Residential Commercial Industrial and Institutional (CII) 44 Landscape Installations 45 46 This subsection applies to all new residential and CII landscape installation projects and to CII 47 and MFR projects which propose renovation of 5',000 square feet or more of existing landscaping 48 within one twelve month- period. 49 50 51 52 Ordinance No. 2316 N.C.S. Page 7 1 A Application Process 3 Prior to installation of the proposed landscape and/or irrigation project the applicant 4 shall submit to the City a set of scaled landscape and irrigation plans which shall include 5 but not be limited to: 6 7 a. A planting plan indicating: location and square footages of turf, high water use 8 plants and low water use plants per water meter; existing plant names and 9 locations; a plantlegend indicating Latin and common names of new plants, 10 and sizes and quantities of new plants; hardscaped areas and; swimming pools, 11 spas and water features. 12 13 b. An irrigation plan shall be submitted where irrigation hardware other than drip 14 irrigation will be installed. When only drip irrigation will be installed an irrigation 15 plan is not required for submittal. A description of the drip irrigation components 16 shall be sufficient. The description shall include: manufacturer, name and 17 specifications of all drip irrigation components; gallons per hour (gph) per 18 emission device; and number, type, and gph of emission devices per plant size. 19 Where microspray emission devjses will be used, the rated gph shall be noted and 20 the area(s) being irrigated undermicrospray shall be described. A pressure 21 reducing valve must be installed where the operating pressure will exceed the 22 manufactures recommendation of any drip irrigation emission device. 23 24 Where any non-drip irrigation hardware isvsed an irrigption plan shall be 25 submitted indicating: type(s) and size(s) of irrigation pipe; location, quantity and 26 type of irrigation emission device(s) wish manufacturer name and rated 27 specifications of gallons per minute (gpm) of each device; manufacturers 28 recommended operating pressure in pounds per square inch (psi) and 29 precipitation rates for each device; location and type of backflow prevention 30 device and pressure reducing valve(s); valve type(s) and size(s); valve location(s); 31 gallons per minute and valve circuit number for each valve circuit, and; 32 manufacturer's name and type of automatic irrigation controller(s). When more 33 than one water meter exists for a particular landscape, each meter shall be 34 designated and labeled as M-l, M-2, M-3, etc and noted on the irrigation plan. 35 The meter number must be labeled with each valve number when more than 36 one meter exists. 37 38 c. A grading and drainage plan indicating site elevations. 39 40 B Plan Review and Landscape Water Budget Assignment 41 42 The City, orits agent, will review the submitted set of plans to ensure compliance of the 43 landscape and irrigation standards. For accounts with dedicated irrigation meters, the 44 City will assign a landscape water budget to the project in order to monitor landscape 45 water use and to help determine the amount of water that should be applied to the 46 landscape. The landscape water budget will allocate a determined amount of water to 47 be dedicated to the landscape. The water budget will act as a guide. for customers to 48 use to irrigate their landscape. It will also provide a benchmark for evaluating water use 49 efficiency. Any multi-family residential or CII customer who exceeds their water budget 50 by 20% will be in violation of this ordinance and will be subject to enforcement. The 57 landscape water use budget will be implemented upon final project approval. 52 Ordinance No. 2316 N.C.S. Page 8 1 C. Landscape Water Use Efficiency Standards 2 3 a. A dedicated irrigation meterjs) must be installed for all CII and multi-family 4 residential projects. The dedicated irrigation meter shall separate all outdoor 5 irrigation water use from all other water use. 6 7 b. Pressure regulation is required where site static water pressure will exceed 80 8 pounds per square inch (psi). 9 10 c. Backflow Prevention devices must be installed where required by state and local 11 codes. 12 13 d. A master valve shall be installed after the Backflow prevention device and 14 before all irrigation system valves. 15 16 e. Soils in landscaped areas must be amended to promote optimal plant health 17 and maximum water infiltration. 18 19 f. The use of California native plants is highly encouraged. 20 21 g. Plant water use classifications will be determined using the Water Use 22 Classification of Landscape Species jWUCOLS) rating system. 23 24 h. Irrigation systems shall be designed and installed to maximize efficiency during 25 operation. System design shall include but not be limited to: 26 27 1) All overhead spray irrigation systems other than drip irrigation applications 28 shall be a brake rotary type and be amulti-stream, multi-trajectory 29 rotating stream sprinkler with matched precipitation rates. The sprinkler 30 shall produce and maintain a matched precipitation rate no greater than 31 0.6" per hour throughout the arc adjustment range and radius adjustment 32 range, (up to 25% of radius reduction), when spaced at 50% of wetted 33 diameter. For applications where the radius is designed to exceed thirty 34 feet, water conserving rotor type sprinkler heads shall be permitted. 35 36 2) Individual hydrozones must be irrigated by separate valve circuits. 37 38 3) Irrigation systems must be designed and installed to prevent run off and 39 overspray. 40 41 4) Check valves must be installed to prevent low head drainage. 42 43 5) Head-to-head coverage is required for all turf areas. 44 45 46 i. Turf and High Water Use Plant Restrictions: 47 48 1) Turf and high water use plants shall occupy no more than a combined 49 20% of the total irrigated landscaped area. 50 51 2) Turf areas shall not be less than 8 feet wide. 52 Ordinance No. 2316 N.C.S. Page 9 1 2 3) Turf is not permissible on slopes greater than 10%. 3 4 j. All automatic irrigation controllers must be labeled as ET Controllers or Smart 5 Controllers or otherwise have the ability to automatically adjust irrigation start- 6 times, run-times dnd/or run days based on local or site specific soil moisture levels, 7 weather and/or reference evapotranspiration data. These controllers or devices 8 must be labeled by the Irrigation Association (IA) as a Smart Water Applications 9 Technology (SWAT) and must have passed the SWAT testing protocols by 100 10 percent in all testing parameters. 11 12 k. A minimum 3 inch layer of porous mulch is required for all irrigated areas other 13 than turf, ground cover, or annual color areas. 14 15 I. Rain shut-off devices shall be installed on any controller not equipped to halt 16 irrigation during and after rain as appropriate. 17 18 m. All water features must utilize recirculating water. 19 20 15 17.050 30 Landscape Water Use Efficiency Standards for Renovated Commercial Industrial 21 and Institutional (CII) and Multi Family Residential (MFR) Landscape Projects 22 23 A. Applicability 24 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 existing 28 landscaping will be renovated. CII/MFR landscape renovation projects where more than 29 5,000 square feet of existing landscaping proposed for renovation within a twelve month 30 period must comply with the standards established in Section 15.17.050.20. 31 32 B. Aoplicdtion Process 33 34 1 CII/MFR Landscape Renovation Project Description Form 35 Prior to the demolition and installation of the proposed landscape renovation 36 project, the applicant shall submit to the City the Cli(MFR Renovation Project. 37 Description form describing the renovation project including square footages of 38 existing landscaping to be renovated and square footages of new landscaping to 39 be installed. 40 41 The City, or its agent, will review the submitted form to ensure compliance of the 42 below listed standards. Once the form is reviewed and approved, the City will submit 43 to the applicant an authorization to proceed with the landscape and/or irrigation 44 renovation project. 45 46 C. Landscape Water Use Efficiency Standards 47 48 a. All landscape and/or irrigation systems shall be installed so as not to violate the 49 City's Water Waste Policy. 50 51 1) The City encourages the installation of a dedicated irrigation meter(s) or 52 sub-meter during the renovation process. Ordinance No. 2316 N.C.S. Page 10 1 b. The use of California native plants is highly encouraged. 2 3 c. Irrigation systems shall be designed and installed to ensure the efficient use of 4 water during operation. System design shall include but not be limited to: 5 6 1) All overhead spray irrigation systems other than drip irrigation applications 7 shall be a brake rotary type and be amulti-stream, multi-trajectory 8 rotating stream sprinkler with matched precipitation rates. The sprinkler 9 shall produce and maintain a matched precipitation rate no greater than 10 0.6" per hour throughout the arc adjustment range and radius adjustment 11 range, (up to 25% of radius reducfion), when spaced at 50% of wetted 12 diameter Operating pressure of each sprinkler head shall be at the 13 manufacturer's recommendation for optimal performance. For 14 applications where the radius is designed to exceed thirty feet, water 15 conserving rotor type sprinkler heads shall be permitted. 16 17 2) Individual hydrozones must be irrigated by separate valve circuits. 18 19 3) Irrigatiohsystems must be designed to prevent run off and overspray. 20 21 4) Check valves must be installed to prevent low head drainage. 22 23 5) Head-to-head coverage is required for all turf areas. 24 25 d. Turf and High Water Use Plant Restrictions: 26 27 1) Turf and high water use plants shall occupy no more. than a combined 28 20% of the total renovated landscaped area. 29 30 2) Turf areas shdll not be less than 8 feet wide. 31 32 3) Turf is not permissible on slopes greater than 10%. 33 34 e. All automatic irrigation controllers must be labeled as ET Controllers or Smart 35 Controllers or otherwise have the ability to automatically adjust irrigation start- 36 times, run-times and/or run days based on local or site specific moisture levels, 37 weather and/or reference evapotranspiration data. These controllers or devices 38 must be labeled by the Irrigation Association (IA) as a Smart Water Applications 39 Technology (SWAT) and must have passed the SWAT testing protocols by 100 40 percent in all testing parameters. 41 42 f. Rain shut-off devices shall be installed on any controller not equipped to halt 43 irrigation during and after rain as appropriate. 44 45 g. A minimum 3 inch layer of porous mulch is required for all irrigated areas other 4b than turf, ground cover, or annual color dregs. 47 48 h. All water features must utilize recirculating water: 49 50 51 Ordinance No. 2316 N.C.S. Page 1 7 1 15 17 050 40 Landscape Water Use Efficiency Standards for New and/or Renovated 2 Parks/Playarounds Golf Courses School Grounds Cemeteries and Sports Fields. 3 4 A Applicability and Landscape Water Use Efficiency Standards 5 6 The standards established in Sections 15.17.50.20 or 15.17.50.30 apply with the following 7 exceptions: 8 9 a. Turf area limits wi11 be waived for parks, playgrounds, golf`courses, sports fields and school 10 grounds if it is demonstrated by the gpplicant to the City's Department of Water 11 Resources and Conservation thaYthe new/renovated turf area is designed for 12 recreational purposes. 1.3 14 b. Renovated cemeteries must demonstrate that new turf or renovated turf will be used for 15 foot traffic or vehicular traffic for cemetery plot access. 16 17 15 17 O60 Water Budgets for New and Existing Dedicated Irrigation Accounts 18 19 The City shall provide any account with a dedicated irrigation meter(s) a landscape water 20 budget. The water budget will be calculated by the City or its agent by measuring the total 21 irrigated landscaped area and the plant type(s) that exist per water meter. Any account 22 assigned a water budget may not exceed the water budget for that billing period by more than 23 20% during that billing period: Accounts that exceed their water budget by more than 20% will 24 be notified by the City. The City will work with the property owner or its authorized representative 25 to ensure corrective actions are taken. Exceeding an account's water budget by more than 26 20% more than two times in one twelve month period and/or falure to cooperate with the City 27 in taking corrective action after notification by the City of specific action(s) to be taken shall 28 constitute a violation of this chapter. 29 30 15.17.070 Water Waste Prohibition 31 32 The purpose this section is to promote water conservation and efficient use of potable wafer 33 furnished by the City of Petaluma. by eliminating nonessential water use and intentional or 34 unintentional water waste when a reasonable alternative solution is available and by prohibiting 35 the use of water equipment that is wasteful. 36 37 15.17.070.10 Nonessential Uses Defined and Prohibited. 38 39 No customer of the City shall use or permit the use of potable water from the City for residential, 40 commercial, institutional, industrial, agricultural, or other purpose for the following nonessential 41 uses: 42 43 1. The washing of sidewalks, walkways, driveways, parking lots and other hard-surfaced 44 areas by direct hosing not equipped with a shutoff nozzle, except as may be necessary 45 to properly dispose of flammable or other dangerous liquids or substances and/or to 46 prevent or eliminate. materials dangerous to the public health and safety; 47 48 2. The escape of water through breaks or leaks within the customers plumbing or private 49 distribution system for any substantial period of time within which such break or leak 50 should reasonably have been discovered and corrected. It shall be presumed that a 51 period of one (1 ~ hour to stop the flow of water from such break or leak after the 52 consumer discovers such a break or leak or receives notice from the City and seventy- Ordinance No. 2316 N.C.S. Page 12 1 two (72) hours to correct such break or leak after the consumer discovers such a break or 2 leak or receives notice from the City, is d reasonable time period; 3 4 3. Irrigation in a manner or to the extent that allows runoff of water orover-spray of the 5 areas being irrigated. Every customer is deemed to have their irrigation system under 6 control at all times, to know the manner and extent of their water use and any runoff and 7 overspray, and to employ available alternatives to apply irrigation water in an efficient 8 manner; 9 10 4, Washing cars, boats, trailers, or other vehicles, equipment and machinery directly with a 11 hose not equipped with chose-end shutoff nozzle; 12 ]3 5. Using water for non-recycling water features; 14 15 6. Using water for single pass evaporative cooling systems for air conditioning in all 16 connections installed after July 1, 2001, unless required fdr health or safety reasons; 17 18 7. Using water for new non-recirculating conveyor car wash systems; Self-service car wash 19 spray wands shall emit no more than three gallons of water per minute; 20 21 8. Using water for new non-recirculating industrial clothes wash systems. 22 23 9. Dedicated irrigation accounts exceeding the allocated water budget by more than 20°b 24 in any billing period. 25 26 15.17.070.20 Pressure Regulation 27 28 Apressure-regulating valve shall be installed and maintained by the consumer if static service 29 pressure at the meter exceeds 80 pounds per square inch. The pressure-regulatirig valve shall be 30 located between the meter and the structure valve, and set at not more than 60 pounds per 31 square inch when measured at the structure valve. This requirement may be waived if the 32 consumer presents evidence satisfactory to the City that high pressure is necessary in the design 33 and that no water will be wasted as a result of high pressure operation. 34 35 15.17.070:30 Swimminc~Pool and Spa Covers 36 37 Covers are required for all outdoor swimming pools and spas. 38 39 15.17.070.40 Exempt Water Uses 40 41 All water use associated with the operation and maintenance of fire suppression equipment or 42 employed by the City for water quality flushing and sanitation purposes shall be exempt from the 43 provisions of this section. Use of water supplied by a private well or from properly authorized 44 recycled water, gray water, or rainwater catchment system is also exempt. 45 46 15.17.80 Exceptions 47 48 Any customer of the City may make written application for an exception to the Water 49 Conservation Regulations Ordinance. Said application shall describe in detail why applicant 50 believes an exception is justified: 51 Ordinance No. 2376 N.C.S. Page 13 1 A. The Director of Water Resources and Conservation may grant exceptions for use of 2 water otherwise prohibited by this ordinance if an exception is necessary to avoid an 3 adverse impact on health, sanitation or safety of the applicant or the public, and/or 4 to avoid undue hardship for the applicant or the public. Any exception granted shall 5 not be broader than necessary, or of a duration longer than necessary to avoid th'e 6 adverse effect on health, sanitation, fire protection or safety and/or to avoid the 7 undue hardship. 8 9 B. The decision of the Director of Water Resources and Conservdtion may be appealed 10 to the City Council by submitting a written appeal To the City Clerk within fifteen (15) 11 calendar days of the date of the decision. Upon granting any appeal, the Council 12 may impose any conditions it determines to be just. and proper. Exceptions granted 13 by the Council shall be prepared in writing, and the Council may require the 14 exception be recorded at applicant's expense. 15 16 15 17 090 Applicability of Water Shortage Emergency Regulations. 17 18 In the event of conflict between the provisions this chapter and the provisions of Chapter 15.18 19 of this code, the provisions of Chapter 15.18 shall supersede the provisions of this chapter from 20 such time as the City Council has determined and declared by resolution that a water shortage 21 emergency exists pursuant to Chapter 15. T8, as it may be subsequently amended, until such 22 time as the declaration of emergency has been suspended by later resolution of the City 23 Council. 24 25 15.17.100 Enforcement and Fees 26 A. Depending o? the extent of the water waste, the City may, after written notification to 27 customer and a reasonable time to correct the violation as solely determined by the 28 City, take some or all of the following actions. Seventy-two hours from notice of the 29 violation shall be considered a reasonable time for correction, absent unusual 30 circumstances that lengthen or shorten the reasonable time for correction. Penalties, 31 fees and charges noted below shall be established by resolution of the City: 32 33 l . Personal contact with the customer at the address of the water service. If 34 personal contact is unsuccessful, written notice of the violation including a date that the 35 violation is to be corrected may be left on the premises, with a copy of the notice sent by 36 certified mail to the customer. 37 38 2. The City may install aflow-restricting device on the service line. 39 40 3. The City may levy a water waste fine to the customer. 41 42 4. The City may shut off water service, and The charge for same shall be billed to 43 the customer. Except in cases of extreme emergency as solely determined by the City 44 Manager, service shall not be reinstated until verified by the City that the violation has been 45 corrected and all charges and fees have been paid. 46 47 B. Depending on the nature and extent of water waste and/or the condition creasing 48 water waste, the City may discontinue water services without notice, pursuant to Section 49 15.12.070, and/or discontinue water services pursuant to Section 15.12.080 of this code. 50 Ordinonce No. 2316 N.C.S. Page 14 1 C. In addition to discontinuance of water services, any violation of this chapter is subject to 2 enforcement as specified in Chapters 1.10 through 1.16 of this code. 3 4 Section 4 Reseal of Conflicting Provisions 5 All existing code provisions, ordinances and parts of ordinances in conflict with the provisions of 6 this ordinance are repealed upon the effective date of this ordinance, except that provision of 7 Chapter 15.18 of this code which conflict with the provisions of this ordinance may be 8 implemented and enforced at any time when the City Council has determined and declared 9 by resolution that a water shortage emergency exists pursuant to Chapter 15.1$, as it may be 10 subsequently amended. 11 12 Section 5. Severability 13 14 If any provision of this ordinance or the application thereof to any person or circumstance is held 15 invalid, the remainder of the ordinance, including the application of such part or provision to 16 other persons or circumstances shall not be affected thereby and shall continue in full force and 17 effect. To this end, provisions of this ordinance are severable. The City Council hereby declares 18 that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, 19 or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, 20 paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. 21 22 Section b. Effective Date 23 24 This ordinance shall become effective thirty X30) days after the date of its adoption by the 25 Petaluma City Council. 26 27 Section 7. Publication 28 29 The City Clerk is hereby directed to post and/or publish this ordinance or a synopsis of it for the 3Q period and in the manner required by the City Charter. 31 32 INTRODUCED and ordered posted/published this 1 day of December, 2008. 33 ADOPTED this Srh day of January, 2009, by the following vote: 34 35 Ayes: Vice Mayor Barrett, Glass, Harris, Healy, Rabbitt, Renee, Mayor Torliatt 36 37 Noes: None 38 39 Abstain: None 40 41 Absent: None 4~ ~~A, . _ 4 / ~C'K 43 ~ ~/"4~/ 44 Pamela Torliatt, Mayor 45 46 ATTEST: APPROVED AS TO'FORM: 47 48 I (J~/1, t L /1 ~ ~ 5~/ ~ 49 l lA~ ~J 50 Claire Cooper, City Clerk Eric W. Danly, City torney Ordinance No. 2316 N.C.S. Page 15