HomeMy WebLinkAboutOrd 1994ORDINANCE NO. 1994
AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER I5.06 OF
THE BURLINGAME MUNICIPAL CODE TO ESTABLISH LEGAL AUTHORITY TO
IMPLEMENT THE CITY'S WATER SHORTAGE CONTINGENCY PLAN; AND ADDING
CHAPTER 15.07 TO THE BURLINGAITIE MUNICIPAL CODE TO PROHIBIT
WASTEFUL WATER USE PRACTICES
WHEREAS, the City adopted provisions goveming water shortage emergencies in
1988; and
WHEREAS, the 1983 California Urban Water Management Planning Act and
California Water Code states that every urban water supplier shall prepare and adopt a
water shortage contingency plan as part of its urban water management plan; and
WHEREAS, the water shortage contingency plan must describe the legal
authorities that empower the urban water supplier to implement and enforce its shortage
response actions contained within the plan.
WHEREAS, the California Water Code section 10631(exlXBXi) requires urban
water suppliers to implement a water waste prevention ordinance; and
WHEREAS, on April 7,2017, Governor Brown signed Executive Order 8-40-17
which terminated the Drought State of Emergency and maintained conseryation as a
California way of life; and
WHEREAS, our changing climate conditions require the City to adopt and adhere
to changes to use water more wisely and to prepare for more frequent and persistent
periods of limited water supply; and
WHEREAS, increasing long{erm water conservation and improving water use
efficiency in our community are critical to ensure resiliency to climate change.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
DOES ORDAIN AS FOLLOWS:
Section 1. The recitals set forth above are true and correct, and are hereby
incorporated herein by this reference as if fully set forth in their entirety.
Section 2. The City Council hereby finds that the proposed Ordinance is in the
public interest.
Section 3. The proposed Ordinance is not a project within the meaning of
section 15378 of the CEQA Guidelines because it has no potentialfor resulting in physical
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change in the environment, either directly or ultimately. ln the event that this Ordinance
is found to be a project under CEQA, it is subject to the CEQA exemption contained in
CEQA Guidelines section 15061(bX3) because it can be seen with certainty to have no
possibility of a significant effect on the environment.
Section 4. Section 15.06.020 of the Burlingame Municipal Code is amended as
follows. Additions are reflected by underlined text and deletions with 6trke-eut{€xt.
(i) "Water shortaoe continqencv p lan" or "WSCP" means a continoencv olan
includino voluntary and mandatory actions adooted bv the Citv that incoroorates the
provisions d etailed in the California Water Code Section 10632.
Section 5. Section 15.06.040 of the Burlingame Municipal Code is amended, as
noted below.
Section 6. Section 15.07, Wasteful Water Use Restrictions, of the Burlingame
Municipal Code is added as follows. Additions are reflected by underlined text and
deletions with strke€uHe)d.
15.07.0'10 Puroose.
The Dermanent water use restrictions in thi section are desioned to oreserve water as
an essential resource in keeoinq with the vernor of California's Executive Order B-
40-'17, which directed that water conservation become a "California Wav of Life."
(m) Additional water use oractices as described in the water shortaoe
continoencv plan.
't 5.07.020 Defi nitions.
For the purposes of this chaoler. the followino terms. ohrases. words. and their
derivations shall have the meanino oiven in this chaoter:
(a) "Customer" means anv person usino water supplied bv the Citv of
Burlinoame.
(b) 'Directo/ means the Director of Public Works of the Citv.
(c) "Potable watei' means water sold bv the Citv of Burlinoame intended for
human consumotion.
(d) "Recirculated water" means water that is circulated in a svstem that
recirculates water throuoh an internal circulation device.
(e) "Recvcled water." 'reclaimed water.' or "treated sewaoe effluent watei' means
treated or recvcled wastewater of a qualitv suitable for non-ootable uses such as
landscape irriqation and not intended for human mnsumotion.
(f) 'Runoff" means water that is not absorbed bv the surface to which it is apolied
and flows from the area.
(o) "Soecial water feature" means obiects that are artificially suoolied with water.
such as Donds. lakes. waterfalls. and fountains. Soecial water features do not include
recreational water features. such as swimmino oools and sDas.
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(h) "Water shortaqe continqency plan" or "WSCP" means a continqency plan
includinq voluntary and mandatory actions adopted by the City that incorporates the
provisions detailed in the Califo rnia Water Code Section 10632.
15.07.030 Water use restrictions
The followinq uses of ble water are orohibited:
(a) Use of a hose for any purpose withou! ajositive shuloff nozzle.
ble water for cleani fiili oro eratin water atures such a
decorative fountains, except where thetryaleds part !lr re irculati0q system.
(c The a lication of ble water to i ate outdoor lants lawn onnnotafnr]n
n I S I fln I
svstems.
(fl Use in new, added, or altered car wash equipment unless a recirculatino water
landscaoinq. or turf areas durino and within twentv-four (24) hours after measurable
ra infa Il.
(d) The aoolication of potable water to street medians containinq ornamental turf
U mbi rinkl tion
svstem is incoroorated.
(q) The prohibition enumerated in subsection (d) of this section does not applv to
any water treatment features, such as landqcapinqand qreen roofs, to meet the
reouirements of the municioal reoional stormwater National Pollutant Discharqe
Elimination System.
(h) To oromote conservation, hotels and motels shall provide quests with the
ootion of choosino not to have towels and linens laundered dailv and displav notice of
this option in questrooms.
No water shall be taken or used from an fire h rant or an unmetered Ci
water system outlevfittino/fixture unless specificallv authorized bv oermit from the
directo t xceot bv leoallv con sti tuted fi protection aqencies for fire suooression
DUTOOSCS.
1 5.07.040 Enforcement.
(a) lt is unlawful for anv person or entity to violate or to fail to complv with any of
the requirements of this chapter. Unless otherwise provided in this chapter or the
Burlinoame Municioal Code. each such oe rson or entity is quiltv of a seoarate offense
for each and every day durinq any portion of which any violation of any orovision of this
chaoter is continued or oermitted to be continued and shall be punished as herein
provided.
(b) The oenalties for violations of anv o sions of this chaoter are subiect to the
fines and penalties set forth in Title 1 of this code
1 5.07.050 Water shortaqe emeroencv.
Notwithstandino the foreooinq relatino to conservation of water suoplies. in times of a
declared water shortaoe emerqencv oursuant to Sections 350 et seo. of the California
Water Code. certain additional mandatorv water conservation practices will be
necessarv. The water shortaoe continoencv olan shall orovide the basis for such
additional oractices.
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Section 7. lf any section, subsection, clause or phrase of this Ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the remaining
portion or sections of the Ordinance. The City Council of the City of Burlingame hereby
declares that it would have adopted the Ordinance and each section, subsection,
sentence, clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared unconstitutional.
Section 8. This Ordinance shall go into effect 30 days following its adoption. The
City Clerk is directed to publish this ordinance in a manner required by law.
Section 9. Sections 4, 5, and 6 of this Ordinance shall be codified in the
Burlingame Municipal Code. Sections 1,2,3,7,8, and 9 shall not be so codified.
Ann O'Brien Keighran, Mayo I
l, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the foregoing
ordinance was introduced at a public hearing at a regular meeting of the City Council held
on the 21't day of June, 2021 , and adopted thereafter on the 6m day of Julv , 2021 , by lhe
following vote:
AYES:
NOES:
ABSENT:
Councilmembers: BEACH, COLSON, O'BRIEN KEIGHRAN, ORTIZ
Councilmembers: BROWNRIGG
Councilmembers: NONE
Meaghan Hassel-Shearer, City Clerk
o
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