HomeMy WebLinkAboutOrdinance 2316 N.C.S. 01/05/2009EFFECTIVE DATE ORDINANCE NO. 2316 N.C.S.
OF ORDINANCE
February 5, 2009
Introduced by Seconded by
Tiffany Renee Teresa Barrett
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA REPEALING SECTIONS 15.12.071,
15.12.072, 15.12.073, 15.12.07A, 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
WHEREAS, in 1928 the California Legislature mandated, under the State's constitution,
that water will not be wasted but put to reasonable and beneficial uses setting the foundation
for future water conservation regulations and programs; and,
WHEREAS, in 1983 the California Legislature passed the Urban Water Management
Planning Act acknowledging the importance of water conservation and demand management
as essential components of water planning; and,
WHEREAS, the City of Petaluma recognizes that water is an essential and limited resource;
and,
WHEREAS, the City of Petaluma has historically undertaken a proactive water
conservation program to improve the water use efficiency of its customers; and,
WHEREAS, the City of Petaluma jump-started its water conservation program in October
1999 by supplying 1000 ultra low flush residential toilets; and,
WHEREAS, as a signatory to the Memorandum of Understanding Regarding Urban Water
Conservation in California as coordinated by the California Urban Water Conservation Council
("CUWCC") since January 1, 2002, the City has continued to incorporate Best Management
Practices ("BMP") for efficient water use; end,
WHEREAS, the City of Petaluma General Plan 2025 ("General Plan"), in its Water Demand
and Supply Analysis, identifies water conservation as an essential source of water supply to meet
potable water demand in the City through 2025; and,
WHEREAS, General Plan Policy 8-P-18, programs A, B, C, D and F call for the reduction of
potable water demand through conservation, using BMP, implementation of the City's Water
Drought Contingency Plan as needed and revising local ordinances as needed to encourage or
require use of water -efficient landscaping and elimination of wasteful uses of water; and,
Ordinance No. 2316 N.C.S. Page I
WHEREAS, the Environmental Impact Report ("EIR") prepared for the General Plan relied
on increased water conservation to provide potable water offset as part of its evaluation that
there would bean adequate water supply in the City to serve General Plan buildout; and,
WHEREAS, after public review and comment, and in full compliance with the California
Environmental Quality Act ("CEQA"), on April 7, 2008, the City Council certified the General Plan
EIR by adopting Resolution No. 2008-058 N.C.S.; and,
WHEREAS, on May 19, 2008, the City Council adopted Resolution No. 2008-084 N.C.S.
making required findings of fact as to the environmental impacts of the General Plan, finding in
part that because of the water conservation and water recycling programs contained in the
General Plan, its environmental impact on water supply was less than significant under CEQA;
and,
WHEREAS, after the completion of all required environmental review and other public
process, the General Plan was adopted by City Council Resolution No. 2008-085 N.C.S. on May
19, 2008; and,
WHEREAS, on September 19, 2005, the City Council authorized the City Manager to
execute a professional services agreement with Dodson Engineers for engineering services in
support of preparation of a Water Conservation Plan; and,
WHEREAS, to develop the Water Conservation Plan, a project team was selected based
on their unique skills and expertise in the field of water conservation; the project team consisted
of City staff from the Department of Water Resources and Conservation, Department of
Community Development, and Department of Parks and Recreation; landscape and irrigation
experts, water conservation experts, financial consultant, and internationally acclaimed
consultants such as Bill Maddaus (Maddaus Water Management) and Ned Orrett (Resource
Performance Partners) and Dodson-Psomas Engineers with extensive knowledge of the City's
demand and supply needs. Together, this team has over 180 years of experience in the area of
water conservation; and,
WHEREAS, the Water Conservation Plan team met first on November 14, 2005 to begin
the development of the Water Conservation Plan. The team met numerous times over the next
two year period with the final team meeting occurring on January 25, 2007. Over this period the
team analyzed 202 potential water conservation programs using a highly sophisticated
computer model known as Least Cost Planning Decision Support System (DSS). Through this
process, the team was able to develop a recommended program that met the water
conservation plan goal of saving approximately 495 million gallons per year of potable water at
buildout of the City's general plan (2025) by implementing 19 water conservation programs;
and,
WHEREAS, on September 10, 2006 the City Council considered a draft Water
Conservation Plan ("WCP") and provided Department of Water Resources and Conservation
("WRC") staff with direction for further modification; and,
WHEREAS, on January 28, 2008, the City Council adopted Resolution No. 2008-021 N.C.S.,
approving the WCP; and,
WHEREAS, adoption of a mandatory Water Conservation Ordinance with development
standards, landscape water efficiency standards and water waste prohibitions will carry out
General Plan policy, provide careful stewardship of water resources available to the City to
Ordinance No. 2316 N.C.S. Page 2
provide for orderly application of water conservation measures;, and will have the positive
impact of creating substantial water savings; and,
WHEREAS, the City Council finds that adoption of this ordinance is exempt from CEQA
pursuant to Section 15061(b(3) of the CEQA Guidelines (Title 14, Chapter 3 of the California
Code of Regulations) because there is no possibility that the activity may have a significant
effect on the environment under CEQA.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. Findings.
The foregoing recitals are true and adopted as findings of the City Council.
Section 2. Repeal of 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.
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 the Petaluma Municipal Code are hereby repealed in their entirety.
Section 3. Addition of Chapter 15.17 to Title 15.
Chapter 15.17, Water Conservation Regulations,
Municipal Code to read in full as follows:
Chapter 15.17 Water Conservation Regulations
15.17.010 Title and Purpose
hereby added to Title 15 of the Petaluma
This chapter shall be known as and may be cited as the "City of Petaluma Water Conservation
Regulations Ordinance." The purpose of this ordinance is to promote the efficient use and reuse
of water by all City of Petaluma water service customers by requiring that all new construction
projects and existing customers use water as efficiently as possible and comply with new
development standards, landscape water use efficiency standards and water waste prohibition
regulations.
15.17.020 Definitions
Unless a provision in this Chapter specifies otherwise, the following terms and phrases, as used in
these chapters, shall have the meanings hereinafter designated:
A. "Applicant" means the owner(s) of a property subject to compliance with this
Ordinance or his or her authorized representative or agent.
B. "Authorized representative" or "Agent" - any person(s) with written authorization from
the property owner to sign documents and bind the property owner to compliance with
this Chapter.
C. "Check valve" means a valve installed in a lateral line or at individual sprinkler heads in
an irrigation system that prevents water from draining out of the irrigation system after the
system has been turned off.
Ordinance No. 2316 N.C.S. Page 3
D. "City" means the City of Petaluma. The City Council of Petaluma may designate the
position(s) or person(s) to whom responsibilities and authority of the City are delegated
and may from time to time modify such delegations. Absent any further specific
delegation by the City Council, the authority and responsibility set forth in this chapter
shall be delegated to the director of water resources and conservation, including his or
her designee(s).
E. "Dwelling unit" means a room or group of internally connected rooms that have
sleeping, cooking, eating and sanitation facilities, but not more than one kitchen, which
constitutes an independent housekeeping unit, occupied or intended for one household
on a long-term basis, or such other definition as may be subsequently adopted by the
City as part of its zoning ordinance and/or development code.
F. "ET Controller" or "Smart Controller" means an irrigation system controller or timer that
automatically adjusts irrigation run times and run days based on data received from
local weather stations. ET stands for evapotranspiration which is the amount of water that
has evaporated from the soil and has transpired through the plant.
G. "Head -to -head coverage" means coverage resulting from placement of irrigation
sprinklers so that the water from one sprinkler throws all the way to adjacent sprinklers.
H. "Hardscaped area" means the inanimate elements of landscaping, especially any
masonry work or woodwork, stone walls, concrete or brick patios, the paths, wooden
decks and wooden arbors.
I. "Hydrozone" means a group of plants that have the some or similar water use
requirements.
J. "Irrigation season" means the time of year when irrigation first begins at a location and
last occurs. The irrigation season in Petaluma is typically March/April through
October/November.
K. "Irrigation lateral line" means any point in an irrigation valve circuit that is normally not
under constant water pressure. This is normally any point downstream from the irrigation
remote control valve or hose bib.
L. "Irrigation mainline" means any point in the irrigation system that is under constant water
pressure. This is normally any point downstream of the water meter up to and including
the irrigation remote control valve or hose bib.
M. "Master valve" means an irrigation remote control valve that is placed upstream of all
other remote control valves and activates and deactivates in conjunction with each
subsequent irrigation remote control valve on the irrigation system. The purpose of the
master valve is to prevent water waste by acting as a separate automatic shutoff valve
should any of the subsequent irrigation remote control valves inadvertently stay open.
N. "Operating pressure" means the pressure in part of a plumbing or irrigation system, when
the system is in normal operation.
Ordinance No. 2316 N.C.S. Page 4
O. "Overspray" means any water from an irrigation system that lands on an area not
intended to be irrigated by the activated valve circuit.
P. "Precipitation rates" means the amount of water applied by an irrigation emission device
measured in inches per hour.
Q. "Reference evapotranspiration" means the evapotranspiration, or amount of water that
evaporates from the soil and transpires through plant material, that occurs from a
standardized 'reference" crop such as clipped grass or alfalfa.
R. "Reverse osmosis" means a process by which a solvent such as water is purified of solutes
by being forced through a semipermeable membrane through which the solvent, but
not the solutes, may pass.
S. "Runoff' means any water from an irrigation system that escapes from an irrigated area
onto an area not intended to be irrigated by an activated irrigation valve circuit due to
the excessive application of water.
T. "State" means the state of California.
U. "Static water pressure" means the water pressure of a plumbing or irrigation system while
the system is not in operation or while no water is moving through the system.
V. "Irrigation valve circuit" means a group of sprinklers that are all turned on and off by the
same irrigation valve.
W. "Water factor" means the quotient of the total weighted per -cycle water consumption
divided by the capacity of the clothes washer. The lower the value, the more water
efficient the clothes washer is.
X. "Water Feature" means any decorative water fountain, pond or other device intended
to use water for aesthetic purposes that uses an automatic pump to circulate water.
Y. "Wetted diameter" means the area that is wetted by a single sprinkler device and by a
series of overlapping sprinkler devices.
15.17.030 - Development Standards
The development standards established in this section apply to all new commercial, industrial,
institutional, agricultural, single-family and multi -family residential construction, including tenant
improvements or a change in use requiring any City entitlement or permit for existing
commercial, industrial and institutional accounts. The development standards are intended to
ensure that all installed water using fixtures, appliances, irrigation systems, and any other water
using devices apply water as efficiently as possible.
15 17 030 10 Indoor Water Use Development Standards -New Sinqle Family Residential
Construction
Any water using device installed in any new development shall meet the standards of the
California Plumbing Code (Part 5, Title 24, California Code of Regulations(, and the following:
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 must not exceed 1.5 gallons per minute.
32
33
5.
Kitchen and/or 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 Institutional ICT) Accounts and Tenant
40
Improvements or Change of Use Requiring Any City Entitlement or Permit for Existinq 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 of qualifying CII HET's,
44
45
2.
Shower heads must not use more than 2 gallons per minute. Where more than one
46
showerhead exits in a shower unit, each 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
Ordinance No. 2316 N.C.S. Page 6
4. Lavatory faucets must be self -closing and not exceed 1.5 gallons per minute. All faucets
must be equipped with an aeration device.
5. Kitchen and/or utility sink faucets must not exceed 2.2 gallons per minute. All faucets
must be equipped with an aeration device.
6. Dishwashers must have the EPA's Energy Star and/or Water Sense designation and must
recycle the final rinse into the next wash cycle.
7. Pre -rinse hand-held dish -rinsing wands must not exceed 1.6 gpm and must utilize positive
shut-off valves.
8. Cooling Towers (see Section 15.48.070 of this code, Sewer Use and Source Control
Regulations).
9. Ice makers must be air-cooled.
10. Any other water using apparatus not mentioned above must use or reuse water as
efficiently as possible and must be approved by the City prior to installation.
15.17.040 Standards for New or Renovated Vehicle Wash Facilities.
A. Vehicle wash facilities using conveyorized, touchless; and / or rollover in -bay technology
shall reuse a minimum of fifty percent of water from previous vehicle rinses in subsequent
washes.
B. Vehicle wash facilities using reverse osmosis to produce water rinse with a lower mineral
content shall incorporate the unused concentrate in subsequent vehicle washes.
C. Self-service spray wands shall emit no more than three (3) gallons of water per minute.
15 17 050 Landscape Water Use Efficiency Standards
15 17.050 10 Properties Excluded from Applicability
The landscape water use efficiency standards described herein do not apply to registered
historical sites Of the landscape is a part of the historic designation), properties irrigating with
private well water, properties irrigated with recycled water or for zoned agricultural cultivation.
Owners of these excluded properties are encouraged to implement efficient landscape water
use practices.
15.17.050.20 Landscape Water Use Efficiency Standards for all New Single Family Residential
(" SFRI and Multi -Family ("MFR") Residential Commercial Industrial and Institutional (CII)
Landscape Installations
This subsection applies to all new residential and CII landscape installation projects and to CII
and MFR projects which propose renovation of 5,000 square feet or more of existing landscaping
within one twelve month period.
Ordinance No. 2316 N.C.S. Page 7
A Application Process
Prior to installation of the proposed landscape and/or irrigation project the applicant
shall submit to the City a set of scaled landscape and irrigation plans which shall include
but not be limited to:
a. 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.
b. An irrigation plan shall be submitted where irrigation hardware other than drip
irrigation will be installed. When only drip irrigation will be installed an irrigation
plan is not required for submittal. A description of the drip irrigation components
shall be sufficient. The description shall include: manufacturer, name and
specifications of all drip irrigation components; gallons per hour (gph) per
emission device; and number, type, and gph of emission devices per plant size.
Where microspray emission devises will be used, the rated gph shall be noted and
the area(s) being irrigated undermicrospray shall be described. A pressure
reducing valve must be installed where the operating pressure will exceed the
manufactures recommendation of any drip irrigation emission device.
Where any non -drip irrigation hardware is used an irrigation plan shall be
submitted indicating: type(s) and size(s) of irrigation pipe; location, quantity and
type of irrigation emission devices) with manufacturer name and rated
specifications of gallons per minute (gpm) of each device; manufacturers
recommended operating pressure in pounds per square inch (psi) and
precipitation rates for each device; location and type of backflow prevention
device and pressure reducing valve(s); valve type(s) and size(s); valve location(s);
gallons per minute and valve circuit number for each valve circuit, and;
manufacturer's name and type of automatic irrigation controller(s). When more
than one water meter exists for a particular landscape, each meter shall be
designated and labeled as M-j, M-2, M-3, etc and noted on the irrigation plan.
The meter number must be labeled with each valve number when more than
one meter exists.
c. A grading and drainage plan indicating site elevations.
B. Plan Review and Landscape Water Budget Assignment
The City, or its agent, will review the submitted set of plans to ensure compliance of the
landscape and irrigation standards. For accounts with dedicated irrigation meters, the
City will assign a landscape water budget to the project in order to monitor landscape
water use and to help determine the amount of water that should be applied to the
andscape. The landscape water budget will allocate a determined amount of water to
be dedicated to the landscape. The water budget will act as a guide for customers to
use to irrigate their landscape. It will also provide a benchmark for evaluating water use
efficiency. Any multi -family residential or CII customer who exceeds their water budget
by 20% will be in violation of this ordinance and will be subject to enforcement. The
landscape water use budget will be implemented upon final project approval.
Ordinance No. 2316 N.C.S. Page 8
C. Landscape Water Use Efficiency Standards
a. A dedicated irrigation meter(s) must be installed for all CII and multi -family
residential projects. The dedicated irrigation meter shall separate all outdoor
irrigation water use from all other water use.
b. Pressure regulation is required where site static water pressure will exceed 80
pounds per square inch (psi).
c. Backflow Prevention devices must be installed where required by state and local
codes.
d. A master valve shall be installed after the Backflow prevention device and
before all irrigation system valves.
e. Soils in landscaped areas must be amended to promote optimal plant health
and maximum water infiltration.
f. The use of California native plants is highly encouraged.
g. Plant water use classifications will be determined using the Water Use
Classification of Landscape Species (WUCOLS) rating system.
h. Irrigation systems shall be designed and installed to maximize efficiency during
operation. System design shall include but not be limited to:
1) All overhead spray irrigation systems other than drip irrigation applications
shall be a brake rotary type and be a multi -stream, multi -trajectory
rotating stream sprinkler with matched precipitation rates. The sprinkler
shall produce and maintain a matched precipitation rate no greater than
0.6" per hour throughout the arc adjustment range and radius adjustment
range, (up to 25% of radius reduction), when spaced at 50% of wetted
diameter. For applications where the radius is designed to exceed thirty
feet, water conserving rotor type sprinkler heads shall be permitted.
2) Individual hydrozones must be irrigated by separate valve circuits.
3) Irrigation systems must be designed and installed to prevent run off and
overspray.
4) Check valves must be installed to prevent low head drainage.
5) Head -to -head coverage is required for all turf areas.
Turf and High Water Use Plant Restrictions:
1) Turf and high water use plants shall occupy no more than a combined
20% of the total irrigated landscaped area.
2) Turf areas shall not be less than 8 feet wide.
Ordinance No. 2316 N.C.S. Page 9
3) Turf is not permissible on slopes greater than 10%.
All automatic irrigation controllers must be labeled as ET Controllers or Smart
Controllers or otherwise have the ability to automatically adjust irrigation start -
times, run-times and/or run days based on local or site specific soil moisture levels,
weather and/or reference evapotranspiration data. These controllers or devices
must be labeled by the Irrigation Association (IA) as a Smart Water Applications
Technology (SWAT) and must have passed the SWAT testing protocols by 100
percent in all testing parameters.
k. A minimum 3 inch layer of porous mulch is required for all irrigated areas other
than turf, ground cover, or annual color areas.
Rain shut-off devices shall be installed on any controller not equipped to halt
irrigation during and after rain as appropriate.
m. All water features must utilize recirculating water.
15,17.050.30 Landscape Water Use Efficiency Standards for Renovated Commercial Industrial
and Institutional (CII) and Multi Family Residential (MFR) Landscape Projects
A. Applicability
This section applies to all CII and MFR landscape renovation projects. Renovated
landscape construction shall be defined as any landscape project considered for
installation where more than 1,000 square feet and up to 5,000 square feet of the existing
landscaping will be renovated. CII/MFR landscape renovation projects where more than
5,000 square feet of existing landscaping proposed for renovation within a twelve month
period must comply with the standards established in Section 15.17,050.20.
B. Application Process
1 CII/MFR Landscape Renovation Project Description Form
Prior to the demolition and installation of the proposed landscape renovation
project, the applicant shall submit to the City the CII/MFR Renovation Project
Description form describing the renovation project including square footages of
existing landscaping to be renovated and square footages of new landscaping to
be installed.
The City, or its agent, will review the submitted form to ensure compliance of the
below listed standards. Once the form is reviewed and approved, the City will submit
to the applicant an authorization to proceed with the landscape and/or irrigation
renovation project.
C. Landscape Water Use Efficiency Standards
a. All landscape and/or irrigation systems shall be installed so as not to violate the
City's Water Waste Policy.
1) The City encourages the installation of a dedicated irrigation meter(s) or
sub -meter during the renovation process.
Ordinance No. 2316 N.C.S. Page 10
b. The use of California native plants is highly encouraged.
c. Irrigation systems shall be designed and installed to ensure the efficient use of
water during operation. System design shall include but not be limited to:
1) All overhead spray irrigation systems other than drip irrigation applications
shall be a brake rotary type and be a multi -stream, multi -trajectory
rotating stream sprinkler with matched precipitation rates. The sprinkler
shall produce and maintain a matched precipitation rate no greater than
0.6" per hour throughout the arc adjustment range and radius adjustment
range, (up to 25% of radius reduction), when spaced at 50% of wetted
diameter. Operating pressure of each sprinkler head shall be at the
manufacturer's recommendation for optimal performance. For
applications where the radius is designed to exceed thirty feet, water
conserving rotor type sprinkler heads shall be permitted.
2) Individual hydrozones must be irrigated by separate valve circuits.
3) Irrigation systems must be designed to prevent run off and overspray.
4) Check valves must be installed to prevent low head drainage.
5) Head -to -head coverage is required for all turf areas.
d. Turf and High Water Use Plant Restrictions:
1) Turf and high water use plants shall occupy no more than a combined
20% of the total renovated landscaped area.
2) Turf areas shall not be less than 8 feet wide.
3) Turf is not permissible on slopes greater than 10%.
All automatic irrigation controllers must be labeled as ET Controllers or Smart
Controllers or otherwise have the ability to automatically adjust irrigation start -
times, run-times and/or run days based on local or site specific moisture levels,
weather and/or reference evapotranspiration data. These controllers or devices
must be labeled by the Irrigation Association (IA) as a Smart Water Applications
Technology (SWAT) and must have passed the SWAT testing protocols by 100
percent in all testing parameters.
f. Rain shut-off devices shall be installed on any controller not equipped to halt
irrigation during and after rain as appropriate.
A minimum 3 inch layer of porous mulch is required for all irrigated areas other
than turf, ground cover, or annual color areas.
In. All water features must utilize recirculating water:
Ordinance No. 2316 N.C.S. Page 11
1 15 17 050 40 Landscape Water Use Efficiency Standards for New and/or Renovated
2 Parks Playgrounds, 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 wil be waived for parks, playgrounds, golf courses, sports fields and school
10 grounds if it is demonstrated by the applicant to the City's Department of Wafer
11 Resources and Conservation that the 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 17 060 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 accounf's water budget by more than
26 20% more than two times in one twelve month period and/or failure 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 water
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
two (72) hours to correct such break or leak after the consumer discovers such a break or
leak or receives notice from the City, is a reasonable time period;
3. Irrigation in a manner or to the extent that allows runoff of water or over -spray of the
areas being irrigated. Every customer is deemed to have their irrigation system under
control at all times, to know the manner and extent of their water use and any runoff and
oversproy, and to employ available alternatives to apply irrigation water in an efficient
manner;
4. Washing cars, boats, trailers, or other vehicles, equipment and machinery directly with a
hose not equipped with a hose -end shutoff nozzle;
5. Using water for non -recycling water features;
6. Using water for single pass evaporative cooling systems for air conditioning in all
connections installed after July 1, 2001, unless required for health or safety reasons;
7. Using water for new non -recirculating conveyor car wash systems; Self-service car wash
spray wands shall emit no more than three gallons of water per minute;
8. Using water for new non -recirculating industrial clothes wash systems.
9. Dedicated irrigation accounts exceeding the allocated water budget by more than 20%
in any billing period.
15.17.070.20 Pressure ReQUIation
A pressure -regulating valve shall be installed and maintained by the consumer if static service
pressure at the meter exceeds 80 pounds per square inch. The pressure -regulating valve shall be
located between the meter and the structure valve, and set at not more than 60 pounds per
square inch when measured at the structure valve. This requirement may be waived if the
consumer presents evidence satisfactory to the City That high pressure is necessary in the design
and that no water will be wasted as a result of high-pressure operation.
15.17.070.30 Swimming Pool and Spa Covers
Covers are required for all outdoor swimming pools and spas
15.17.070.40 Exemot Water Uses
All water use associated with the operation and maintenance of fire suppression equipment or
employed by the City for water quality flushing and sanitation purposes shall be exempt from the
provisions of this section. Use of water supplied by a private well or from properly authorized
recycled water, gray water, or rainwater catchment system is also exempt.
15.17.80 Exceptions
Any customer of the City may make written application for an exception to the Water
Conservation Regulations Ordinance. Said application shall describe in detail why applicant
believes an exception is justified:
Ordinance No. 2316 N.C.S. Page 13
17
18
19
20
21
22
23
24
25
A. The Director of Water Resources and Conservation may grant exceptions for use of
water otherwise prohibited by this ordinance if an exception is necessary to avoid an
adverse impact on health, sanitation or safety of the applicant or the public, and/or
to avoid undue hardship for the applicant or the public. Any exception granted shall
not be broader than necessary, or of a duration longer than necessary to avoid the
adverse effect on health, sanitation, fire protection or safety and/or to avoid the
undue hardship.
The decision of the Director of Water Resources and Conservation may be appealed
to the City Council by submitting a written appeal to the City Clerk within fifteen (15)
calendar days of the date of the decision. Upon granting any appeal, the Council
may impose any conditions it determines to be just and proper. Exceptions granted
by the Council shall be prepared in writing, and the Council may require the
exception be recorded at applicant's expense.
15 17 090 Applicability of Water Shortage Emergency Regulations.
In the event of conflict between the provisions this chapter and the provisions of Chapter 15.18
of this code, the provisions of Chapter 15.18 shall supersede the provisions of this chapter from
such time as the City Council has determined and declared by resolution that a water shortage
emergency exists pursuant to Chapter 15.18, as it may be subsequently amended, until such
time as the declaration of emergency has been suspended by later resolution of the City
Council.
15.17.100 Enforcement and Fees
A. Depending on the extent of the water waste, the City may, after written notification to
customer and a reasonable time to correct the violation as solely determined by the
City, take some or all of the following actions. Seventy-two hours from notice of the
violation shall be considered a reasonable time for correction, absent unusual
circumstances that lengthen or shorten the reasonable time for correction. Penalties,
fees and charges noted below shall be established by resolution of the City:
1. Personal contact with the customer at the address of the water service. If
personal contact is unsuccessful, written notice of the violation including a date that the
violation is to be corrected may be left on the premises, with a copy of the notice sent by
certified mail to the customer.
2. The City may install a flow -restricting device on the service line.
3. The City may levy a water waste fine to the customer.
4. The City may shut off water service, and the charge for same shall be billed to
the customer. Except in cases of extreme emergency as solely determined by the City
Manager, service shall not be reinstated until verified by the City that the violation has been
corrected and all charges and fees have been paid.
B. Depending on the nature and extent of water waste and/or the condition creating
water waste, the City may discontinue water services without notice, pursuant to Section
15.12.070, and/or discontinue water services pursuant to Section 15.12.080 of this code.
Ordinance 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 Repeal of Conflicting Provisions
All existing code provisions, ordinances and parts of ordinances in conflict with the provisions of
this ordinance are repealed upon the effective date of this ordinance, except that provision of
Chapter 15.18 of this code which conflict with the provisions of this ordinance may be
implemented and enforced at any time when the City Council has determined and declared
by resolution that a water shortage emergency exists pursuant to Chapter 15,18, as it may be
subsequently amended.
Section 5. Severability
If any provision of this ordinance or the application thereof to any person or circumstance is held
invalid, the remainder of the ordinance, including the application of such part or provision to
other persons or circumstances shall not be affected thereby and shall continue in full force and
effect. To this end, provisions of this ordinance are severable. The City Council hereby declares
that it would have passed each section, subsection, subdivision, paragraph, sentence, clause,
or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
Section 6. Effective Date
This ordinance shall become effective thirty (30) days after the date of its adoption by the
Petaluma City Council.
Section 7. Publication
The City Clerk is hereby directed to post and/or publish this ordinance or a synopsis of it for the
period and in the manner required by the City Charter.
32 INTRODUCED and ordered posted/published this Is' day of December, 2008.
33 ADOPTED this 51h 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
42 4 / Ile
43 ✓ 4/
44 Pamela Torliatt, Mayor
45
46 ATTEST: APPROVED AS TO'FORM:
47 @JW,�b
48
49 Y�
50 Claire Cooper, City Clerk Eric W. Danly, City torney
Ordinance No. 2316 N.C.S. Page 15