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HomeMy WebLinkAbout2327ORDINANCE NO. 2327 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 7553.7.1 OF CHAPTER 5, ARTICLE VII OF THE ARCADIA MUNICIPAL CODE CONCERNING OUTDOOR IRRIGATION AND PROHIBITED WATER USES WHEREAS, on January 17, 2014, Governor Edmund G. Brown Jr. declared a drought State of Emergency to exist in California due to severe drought conditions; and WHEREAS, on July 15, 2014, California's State Water Resources Control Board (the "State Board ") adopted emergency drought regulations to support water conservation that was set to expire on April 25, 2015, and and WHEREAS, the State Board has found that drought conditions are continuing; WHEREAS, the State Board adopted a resolution on March 17, 2015, to renew the 2014 emergency drought regulations, to require urban water suppliers to implement certain additional water conservation measures, and to prohibit certain water uses by end - users; and WHEREAS, the newly adopted State Board regulations require that the City of Arcadia (the "City ") restrict the number of days per week potable water can be used for outdoor irrigation or to obtain the State Board's approval to implement an alternate water shortage contingency plan that includes allocation -based rate structures that will achieve a level of conservation superior to limiting outdoor irrigation to two days per week; and WHEREAS, the Arcadia Municipal Code does not currently restrict the number of days per week water can be used for outdoor irrigation; and 1 WHEREAS, the Arcadia Municipal Code does not prohibit certain water uses by end -users that are prohibited under the new State Board drought regulations; and WHEREAS, because of the drought conditions prevailing in the City and in the areas of this State and elsewhere from which the City obtains its water supplies, the City Council recognizes the need to implement additional water conservation measures to prevent waste, and to prevent unreasonable use or unreasonable method of use of water, in the interest of the people of the City and for purposes of the public welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: (Deleted text is highlighted in stF&ethrough and added text is highlighted in underline SECTION 1. Section 7553.7.1 of Division 3, Part 5, Chapter 5 of Article VII of the Arcadia Municipal Code is hereby amended to read as follows: "(a) There shall be no hose washing of sidewalks, walkways, driveways, or parking areas. (b) There shall be no hose washing of a motor vehicle, except where the hose is fitted with a shut -off nozzle or similar device that causes the hose to cease dispensing water immediately when not in use. (bc) No water shall be used to clean, fill or maintain levels in decorative fountains unless such water is part of a recirculating system. (Ed) No restaurant, hotel, cafe, cafeteria, bar or other public place where food or beverage is served or offered for sale, shall serve drinking water to any customer unless expressly requested by the customer. 4 (e) No hotel or motel shall launder towels and linens of an occupied questroom on a daily basis unless expressly requested by the guest The hotel or motel shall prominently display a notice in each questroom of the guest's option not to have towels and linens laundered daily. (df) No customer of the Water Division shall permit water to leak from any facility on his premises. (eg,) No lawn, landscape, or other turf areas shall be watered or irrigated between the hours of 9:00 a.m. and 6:00 p.m. Pacific time. (h) No lawn, landscape or other turf areas shall be watered or irrigated during and within 48 hours after measurable rainfall. (i) No lawn, landscape, or other turf areas shall be watered or irrigated more than 3 days per week, or such other number of days as the City Council may prescribe by resolution from time to time. The three days per week shall be Tuesday, Thursday, and Saturday or such other days as the City Council may prescribe by resolution from time to time. Notwithstanding the foregoing, upon written application to and approval by the City's Public Works Services Director, an owner of property used primarily for commercial, industrial or institutional purposes may irrigate lawn, landscape or other turf areas of such property such number of days per week as approved by the Public Works Services Director if such owner provides evidence, to the satisfaction of the Public Works Services Director, that the owner has reduced overall bi- monthly water use for such property by at least twenty -five percent (25 %) from the same bi- monthly period in 2013, or by such other measurement of reduction adopted by resolution of the City Council from time to time. 9 (fl) No lawn, landscape or other turf areas shall be watered in a wasteful manner. For example, in a manner that causes runoff such that water flows onto adiacent property, non - irrigated areas private and public walkways, roadways parking lots or stuctures (k) Additional restrictions and conservation measures may be adopted from time to time by resolution of the City Council and shall become effective upon their adoption. Any and all such restrictions and measures shall be subject to all enforcement provisions, including without limitation fines and penalties as are otherwise applicable to the provisions set forth in this Section 7533.7.1." SECTION 2. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such determination shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council of the City of Arcadia hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional. SECTION 3. This Ordinance shall take effect immediately upon adoption in accordance with Section 376 of the California Water Code. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in a newspaper printed, published, and circulated in the City within ten (10) days after its adoption. [SIGNATURES ON NEXT PAGE] 4 Passed, approved and adopted this ATTEST: -mac/ City APPROVED AS TO FORM: Steph n P. Deitsch City Attorney W 21st day of Anrii 2015. Mayor of the City of Arcadia STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2327 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 21st day of April, 2015 and that said Ordinance was adopted by the following vote, to wit: AYES: Council Member Beck, Chandler, Kovacic, Tay and Wuo NOES: None ABSENT: None City lerk o e of Arcadia 9