City of Hermosa Beach Municipal Code -- Health and Safety

8.56. 050 Applicability.

This Chapter is applicable to every person, commercial business, or other water user in the use of any water within the City. The City Council may by Resolution exempt pilot programs or special programs of limited scope undertaken by the City or undertaken in conjunction with the City's water providers.

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8.56. 060 Water Conservation and Drought Management Plan.

This Chapter establishes a water conservation and drought management plan consisting of both permanent regulations designed to reduce water usage and increase the efficiency of water use on an ongoing basis, and three increasingly restrictive levels of drought response actions to be implemented in times of drought conditions.

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8.56. 070 Water Conservation Requirements.

The following water conservation requirements shall apply to all persons:

1. Landscaping.
   1. Watering hours and duration. No lawn or landscaped area shall be irrigated or watered by any means between the hours of 9:00 a.m. and 6:00 p.m. on any day. Above-ground spray irrigation or watering shall not exceed fifteen (15) minutes per irrigation station or area. This provision shall not apply to drip irrigation systems, use of a hand-held bucket or similar container, use of a hand-held hose equipped with a positive action quick-release shutoff valve or nozzle, irrigation necessary to establish newly planted low water usage plants, or water expended for limited periods of time necessary for irrigation system maintenance or leak repair.
   2. Over-watering: No lawn or landscaped area shall be irrigated or watered to the point where excess water ponds, sprays or runs off the lawn or landscaped area onto any walkways, sidewalks, driveways, streets, alleys or storm drains.
   3. Irrigation during rainfall: No lawn or landscaped area shall be irrigated or watered during rainfall or within 24 hours after measurable rainfall.
   4. Landscape maintenance: All lawns and landscaping shall be regularly maintained to reduce water use by such methods as aerating, thatching and mulching.
   5. Landscape irrigation system maintenance: Landscape irrigation systems shall be regularly inspected, maintained and repaired to eliminate leaks, remove obstructions to water emission devices and eliminate over spraying.
2. Pools and spas. New pools and spas shall be equipped with a cover. Not later than July 1, 2012, all existing pools and spas shall be constructed, installed or equipped with a cover. Pools and spas shall be covered overnight and daily when use is concluded.
3. Water fountains and decorative water features. No person shall operate a fountain or other decorative water feature that does not recycle or re-circulate the water utilized by the device.
4. Cleaning. No person shall use water to wash or clean any sidewalks, walkways, patios, driveways, alleys, parking or similar areas, whether paved or unpaved; however, use of water brooms or pressure washers or similar low flow technology, or water recycling systems to clean these surfaces, is permitted. In no case shall such water run off the property or drain onto any walkways, sidewalks, streets, alleys or storm drains.
5. Car washing. No person shall use water to wash or clean any motorized or un-motorized vehicle, including, but not limited to, an automobile, truck, boat, van, bus, motorcycle, trailer or similar vehicle, except by use of a bucket or similar container or a hand-held hose equipped with a positive action quick-release shutoff valve or nozzle. This subsection shall not apply to any commercial car washing facility that uses a water recycling system to capture or reuse water.
6. Waste and leaks. No person shall:
   1. Cause, permit or allow water to leak from any exterior or interior pipe, hose or plumbing fixture.
   2. Cause, permit or allow water to flow from any source on private or public property onto walkways, sidewalks, streets, alleys or storm drains, except as a result of rainfall or pumping excessive groundwater infiltration, such as by means of a sump pump.
   3. The use of water for cleaning, washing and other uses shall be performed in an efficient manner to reduce waste and total water use.
7. All commercial establishments
   1. Single pass cooling systems. Single-pass cooling systems shall not be installed in new commercial buildings. When single pass cooling systems in existing businesses are replaced, single pass cooling system shall not be installed as a replacement.
   2. Toilets. New commercial establishments shall install and use only water-efficient toilets. All existing commercial establishments shall install and use only water-efficient toilets by January 1, 2014.
8. Eating and drinking establishments. The following provisions shall also apply to all restaurants, cafes, snack shops, bars, other eating and drinking establishments, and food catering businesses:
   1. All establishments shall only provide drinking water to customers upon request.
   2. All establishments shall install and use low-flow pre-rinse dishwashing spray nozzles by July 1, 2011.
   3. All establishments shall use low-flow technologies for washing and cleaning floors and surfaces, such as using a hand-held bucket or similar container and mop, water brooms or pressure washers.
   4. New establishments shall install and use water-efficient dishwashing machines or systems. When dishwashing machines in existing businesses are replaced, water-efficient dishwashing machines or systems shall be installed. All existing establishments shall install and use only water-efficient dishwashing machines or systems by January 1, 2014.
9. Hotels and motels. The following provisions shall apply to all hotels, motels, hostels, bed and breakfast and similar temporary accommodation establishments:
   1. All establishments shall provide customers the option of choosing not to have towels and linens laundered daily and shall prominently display notice of this option in each bathroom and sleeping room using clear and easily understood language.
   2. All establishments that provide on-premises facilities for laundering towels or linens shall comply with Subsection J of this Section.
   3. All establishments that provide food services shall comply with Subsection H of this Section.
10. Laundry businesses. New commercial laundry businesses shall install and use water recycling systems. When washing machines in existing businesses are replaced, water-efficient laundry washing or water recycling systems shall be installed. All existing laundry businesses shall install and use only water-efficient laundry washing machines or water recycling systems by January 1, 2014.
11. Commercial car wash facilities. New commercial conveyor-type car wash facilities shall install water recycling systems. All existing conveyor car wash systems shall install and operate only water recycling systems by January 1, 2012. All existing commercial car wash operations, including those accessory to another use, shall use high pressure, low volume wash systems, bucket or similar container, and/or a hand-held hose equipped with a positive action quick-release shutoff valve or nozzle, or similar low-flow device by January 1, 2012.
12. Exceptions. The provisions of this Section are not applicable to uses of water that are necessary to protect public health and safety or for essential governmental services when such uses of water cannot be reduced, such as for fire-fighting and other similar emergency services.

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8.56. 080 Drought Response Level 1 – Drought Alert Condition.

1. The City Council may by Resolution declare a Drought Alert condition and implement the Level 1 conservation measures set forth in this Section on the grounds that, due to water supply cutbacks caused by drought or reduction in supplies for other reasons, an overall consumer demand reduction of up to ten (10) percent is required in order to have sufficient water supplies available to meet anticipated demands.
2. Except as otherwise stated in this Chapter, during a Level 1 Drought Alert condition all persons using water shall comply with the following additional conservation measures:
   1. Watering days and duration. Limit lawn and landscape watering or irrigation to no more than three (3) days per week. Above-ground spray irrigation shall be limited to no more than fifteen (15) minutes per watering station or area; this limitation shall not apply to the use of recycled water to maintain public parks and facilities. The City Council may by Resolution establish a schedule of permissible watering days. This provision shall not apply to commercial nurseries, drip irrigation systems, use of a hand-held bucket or similar container and/or a hand-held hose equipped with a positive action quick-release shutoff valve or nozzle.

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8.56. 090 Drought Response Level 2 – Drought Critical Condition

1. The City Council may by Resolution declare a Drought Critical condition and implement the Level 2 conservation measures set forth in this Section on the grounds that, due to water supply cutbacks caused by drought or reduction in supplies for other reasons, an overall consumer demand reduction of ten (10) to twenty (20) percent is required in order to have sufficient water supplies available to meet anticipated demands.
2. During a Drought Critical condition all persons using water shall comply the following additional conservation measures:
   1. Watering days and duration. Limit lawn and landscape watering or irrigation to no more than two (2) days per week, provided that the City Council may by Resolution limit lawn and landscape watering or irrigation to no more than one (1) day per week to achieve a reduction of up to twenty (20) percent. Above-ground spray irrigation shall be limited to no more than fifteen (15) minutes per watering station or area; this limitation shall not apply to the use of recycled water to maintain public parks and facilities. The City Council may by Resolution establish a schedule of permissible watering days. This provision shall not apply to commercial nurseries, drip irrigation systems, use of a hand-held bucket or similar container and/or a hand-held hose equipped with a positive action quick-release shutoff valve or nozzle.

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8.56. 100 Drought Response Level 3 – Drought Emergency Condition

1. The City Council may by Resolution declare a Drought Emergency condition and implement the Level 3 conservation measures set forth in this section on the grounds that overall consumer demand reduction of more than twenty (20) percent is required because the ordinary demands and requirements of water consumers cannot be satisfied without depleting water supplies to the extent that there would be insufficient water for human consumption, sanitation, and fire protection.
2. During a Drought Emergency condition all persons using water shall comply with Sections 8.56.070 (Water Conservation Requirements) and the following additional mandatory conservation measures:
   1. Irrigation and watering prohibition. No lawn or landscaping watering or irrigation shall be allowed. This subsection shall not apply to the following, provided that watering days and watering duration shall comply with Subsection B of Section 8.56.090:
      1. Irrigation or watering using recycled water.
      2. Irrigation necessary to establish new plantings of low water usage plants or commercial nurseries.
      3. Water efficient landscape irrigation systems using water efficient devices, including but not limited to weather based controllers, drip/micro-irrigation systems with emitters that emit no more than two (2) gallons per hour and stream rotor sprinklers that meet a seventy (70) percent or greater efficiency standard.
      4. Maintenance of trees and shrubs that are watered by using a bucket or other watering container, hand-held hose equipped with positive action quick-release shutoff valve or nozzle, or similar low-volume non-spray irrigation.
      5. Maintenance of existing landscaping necessary for fire protection as specified by the Fire Chief.
      6. Maintenance of existing landscaping on slopes exceeding ten (10) percent for erosion control.
      7. Maintenance of landscaping within active public parks and playing fields, day care center play areas, and school grounds.
      8. Public works projects.
      9. Maintenance of plant materials identified to be rare, threatened or endangered or essential to the health of documented rare, threatened or endangered animals.
   2. Cleaning surfaces. Water shall not be used to wash, clean or clear any sidewalks, walkways, patios, driveways, alleys, parking or similar areas, whether paved or unpaved; except commercial or industrial establishments may use water broom, pressure washer or similar low flow technology or water recycling systems when necessary to comply with health, safety, water quality or other regulations verified by the approval authority. Pressure washers may be used to clean surfaces in preparation for painting, construction, or occasional seasonal maintenance when other methods are not practical.
   3. Car Washing. Vehicles shall not be washed, except at commercial car wash facilities that recycle water or use high pressure, low volume wash systems. Subject to Subsection E of Section 8.56.070, this provision shall not apply to car washes held as fund raising activities for bona fide community organizations, washing of garbage trucks, or washing of vehicles used to transport food and perishables, and washing of other mobile equipment for which frequent cleaning is essential for the protection of the public health, safety and welfare.
   4. Ornamental Ponds and Lakes. Ornamental ponds or lakes if empty shall not be filled, and if filled shall not be refilled or replenished.
   5. Hotels and Motels: Mandatory Laundry Opt-Out. Hotels, motels, hostels, bed and breakfasts and similar establishments shall not provide daily towel and linen laundering service to customers, except upon a specific request.

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8.56. 110 Procedures for Declaration and Notification of Drought Response Level and Additional Water Conservation Measures.

1. The City Council shall declare a Drought Response Level 1, 2 or 3 by Resolution in the manner required by law and City procedures.
2. The City Council shall declare the end to any Drought Response Level by the adoption of a Resolution in the manner required by law and City procedures.

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8.56. 120 Exception

1. An exception to any water conservation requirement of this Chapter may be granted or conditionally granted in accordance with the following requirements.
   1. Application. Any water user may file an application with the Community Development Department for an exception from one or more water conservation measures on a form provided by the City, including supporting documents and information demonstrating the grounds for the requested exception, accompanied by a fee set by Resolution of the City Council.
   2. Findings. The approving authority may approve, conditionally approve or deny an application for an exception from water conservation measures. An application for an exception shall be denied unless the approval authority finds, based on the information provided in the application, supporting documents or such additional information as may be requested, all of the following:
      1. That, due to special circumstances applicable to the property or its use, the strict application of this Ordinance would disproportionately impact the property or use when compared to similar types of uses or properties; and
      2. That other water conserving measures to substantially off-set the proposed water use have been or will be employed as a condition of the approval, or the lack of such measures will not materially affect the ability of the City to achieve the purposes of this Chapter; and
      3. That the exception does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses.
   3. Approval authority. The approval authority shall act upon any application no later than ten (10) days after receipt of a complete application, and may approve, conditionally approve, or deny the exception. The applicant requesting the exception shall be promptly notified in writing of any action taken. Unless otherwise specified at the time an exception is approved, the exception shall only apply during the period of the specific circumstances from which an exception is requested.
   4. Appeals. An applicant may appeal the approval authority's decision, or any conditions placed on the approval, to the City Council within ten (10) days of the date of decision. A written request shall be submitted to the City Clerk stating the grounds for the appeal accompanied by a fee adopted by Resolution of the City Council. The City Council shall review the appeal at the next available meeting that the item may be heard.

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8.56. 130 Penalties and Remedies

Violations of the provisions of this Chapter are subject to the administrative penalty provisions of Chapter 1.10.