HomeMy WebLinkAboutOrd 18461 CITY
t COUNCIL O �
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ATIONS
The Burlingame City Council does hereby ordain as follows:
�IvflSfl®IIA 1. �lndin se
WHEREAS, a reliable minimum supply of potable water is essential for the
public health, safety and welfare of the people and economy of the City of Burlingame,
California; and
WHEREAS, the greater San Francisco Bay Area as a Semi -Arid region, is
largely dependent upon imported water supplies for its source of water, factors, such as
drought, increasing population, climate change, and environmental and regulatory
concerns affect the Bay Area's water reliability and subject it to water supply challenges;
and
WHEREAS, careful water management requires active water conservation
measures, not only in times of drought but continually, in order to ensure a reliable
minimum supply of water to meet current and future water supply needs; and
WHEREAS, Article X, Section 2 of the California Constitution and Section 100
of the California Water Code declare that the general welfare requires water resources be
put to beneficial use, waste or unreasonable use or unreasonable method of use of water
be prevented, and conservation of water be fully exercised with a view to the reasonable
and beneficial use thereof; and
"VAQ, the San Francisco Public Utilities Commission will
impose an
interim water supply limitation on its wholesale customers, including local water
suppliers such as the City of Burlingame, until at least 2018; and
WHEREAS,
current supply and demand projections for the Bay Area Water
i
Supply and Conservation Agency (BAWSCA) member agences, of wliich the City of
Burlingame is one, indicate that, in the absence of increased water conservation, water
demands will exceed available water supplies in 2015 and implementation of water
conserving ordinances is one mechanism by which agencies can reduce future water
demands and remaito
n within existing supplies; and
�i4J�n�.�.A�, the City Council of the Ci�y of Buriiiigariie finds and determines
that this ®rdinance is consistent witli the provisions of the 2007 California Plumbing
Code and the California Green Building Standards Code, respectively, requiring high
efficiency water conserving fixtures and reductions in indoor water use as such
provisions will be implemented in the coming years; and
WHEREAS, the City Council of the City of Burlingame finds that
implementation of this Ordinance is necessary to expedite the use of high efficiency
water conserving fixtures and to assist BAWSCA member agencies in achieving water
savings; and
WHEREAS, in November 2009, the State Legislature, having identified the
provision of a more reliable water supply and the protection, restoration and enhancement
of the Delta ecosystem as a high priority for the State, passed Senate Bill 7 (7th
Extraordinary Session) requiring certain urban water suppliers to reduce per capita urban
water use by 20% by the year 2020; and
WHEREAS, the City Council of the City of Burlingame finds that the
implementation of this Ordinance is consistent with the policies and goals established by
the State Legislature in enacting Senate Bill 7 (7th Extraordinary Session); and
WHEREAS, the State Legislature, having identified urban water conservation as
a cost-effective approach to addressing water supply needs and having determined that
there are many water conservation practices that produce significant energy and water
resource savings that should be encouraged as a matter of state policy, passed Senate Bill
407 (Chapter 587, Stats. 2009), requiring all residential and commercial property owners
to replace existing plumbing fixtures with water -conserving fixtures by 2017 and 2019,
respectively, and to upgrade existing plumbing fixtures upon any residential remodel
initiated after January, 12014; and
WHEREAS, Senate Bill 407 further authorizes a city, county, or retail water
supplier to enact local ordinances that promote compliant use of water efficient plumbing
fixtures or which will result in a greater amount of water savings than those provided for
in Senate Bill 407; and
WHEREAS, the Co
Council of the City of Burlingame finds and determines
that this Ordinance is consistent with the mandates of Senate Bill 407 and will result in
water savings as provided for in Senate Bill 407; and
WHEREAS, Article XI, Section 7 of the California Constitution states that a city
or county may make and enforce within its limits all local, policy, sanitary, and other
ordinances and regulations not in conflict with general laws; and
WHEREAS, the City Council of the City of Burlingame finds and determines
that the more restrictive building standards for water conserving fixtures provided for in
this Ordinance are reasonably necessary because of local climatic, geological or
topographical conditions; and
f
WHEREAS, the adoption and enforcement of this Ordinance is necessary to
manage the City of Burlingame's potable water supply in the short and long-term, to
avoid or minimize the effects of drought and shortage within the City of Burlingame and
to ensure a reliable and sustainable minimum supply of water for the public health, safety
and welfare.
f ) ( j I�I"I
GAME DOES
DAIN AS FOLLOWS@
Anew Chapter, Chapter 10.19, entitled "Indoor Water Conservation", is hereby
added to the Burlingame Municipal Code, to read as follows.
This Ordinance shall be known as the City of Burlingame "Indoor
Water Conservation Ordinance".
The code of rules and regulations printed in one volume and
published by the International Association of Plumbing and Mechanical
Officials, under the title "California Plumbing Code, 2007 Edition," and
the appendices printed therein, and all supplements subsequently issued
thereto, hereinafter collectively called the "Plumbing Code," prescribing
regulations for the installation of all plumbing fixtures, was adopted as
amended, by the City of Burlingame, in Chapter 18.12 of the Burlingame
Municipal Code, on November 7, 2007. Printed in book form and filed in
the office of the city cleric and the chief building official, the
Burlingame Plumbing Code establishes the rules, regulations,
and standards within the City of Burlingame as to all matters therein
contained; subject however, to the amendments, additions, and deletions
set forth in this chapter. The mandatory requirements of the adopted
appendix to the California Plumbing Code, 2007 Edition, shall be
enforceable to the same extent as if contained in the body of the Plumbing
Code. One' copy of the Plumbing Code shall at all times be kept on file in
the office of the city cleric. To the extent the provisions of this Ordinance
conflict with any provisions in the existing Plumbing Code, the California
Building Standards Code, or any other municipal codes in conflict, then
the provisions of this Ordinance shall supersede and control with regard to
the indoor fixture requirements described herein.
A: The provisions %J this Ordinance shall apply to the following projects:
1. All new construction, regardless of building classification,
requiring a building permit, plan check or design review, or
requiring new or expanded water service.
2. All kitchen and bathroom remodels requiring a building permit,
plan check, design review, new or expanded water service,
except that the provisions of this Ordinance will only apply to
the fixtures normally included in the kitchen or bathroom, as the
case may be, to be remodeled.
B. The provisions of this Ordinance shall not apply to:
1. Existing buildings not seeking a building permit, plan checic or
design review;
2. Registered local, state or federal historical sites;
3. Remodels where, in the discretion of the City, the unique
configuration of the building, its drainage system or portions of
the public sewer, or both, are incompatible with efficiency
standards listed in the Indoor Water Use Efficiency Table and
require a greater quantity of water to flush the system in a
manner that is consistent with public health.
I! ' IAF il• �
A. "certified professional" means a licensed contractor, licensed architect
or licensed professional engineer.
B. "Energy Star Qualified" means that a given fixture meets the United
States Environmental Protection Agency standard for an energy
efficient product.
C. "gal/cycle"
means gallons per cycle.
D. 44
gaU100 lbs ice" means gallons per hundred pounds of ice.
E. "gpf' means gallons per flush.
F. "gpm" means gallons per minute.
G. "local agency" means the City of Burlingame which is responsible for
adopting, implementing and enforcing the Ordinance, including but
not limited to, approval of a permit and plan check or design review of
a project.
H. "LSI" means Langlier, Saturation Index providing an indication of the
degree of saturation of water with respect to calcium carbonate related
to cooling tower efficiency.
I. "local water purveyor" means any entity, including a public agency,
city, county, or private water company that provides retail water
service.
J. " issued by the City in connection with new
permit" means the document
construction, remodels or renovations and which authorizes the lawful
initiation of construction, improvements or repairs to a building or
structure.
K. "Project applicant" means the individual or entity submitting an Indoor
Water Use Efficiency Checklist as required under Section 18. 19.060 B
and requesting a permit, plan check, design review, or new or
expanded water service application from the local agency. A Project
applicant may be the property owner or his or her designee.
L. "RMF" means residential multi -family.
M. "sq. ft." means square feet.
r� 5 iAt-:� ��:t�li(i!� �i•i
All new construction and applicable remodels will have, at a
minimum, fixtures that comply with the efficiency standards listed below
(the "Indoor Water Use Efficiency Table")
INDOOR WATER USE EFFICIENCY TABLE
Fix
c�'�Res�den
ure ; �.......1228
a11. - aeon
.Kes�dential�
.-
gpf, and 350
M'28 gpf, and 350
gramsgrams
Bathroom faucets
Kitchen faucets
..
..
Clothes
.0 Water Factor.0
Water
Dishwashers
< 6.5 gal/cycle, or
Energy -.
- • Qualified
Cooling. -cycles,
LSI
LSI
Food steamers
Boiler - I or Self�
-.
Ice machines
25 .. 00 lbs
Air�cooled
- pray valves
Automatic - -
0% of water
faciliti-
-• on site
Closed loop, .
cooled
Submeters forRMF, and
Submeters,
Separate meter for
Separate meter for
outdoor if landscape
outdoor if landscape
.ftt
>5000
A. The City shall:
l . Provide the Project applicant with a copy of the ®rdi11 and
an Indoor Water Use Efficiency Checklist form when it provides
applicant with the procedures for permits, plan checks, design
reviews or new or expanded water service applications.
2. Review the Indoor Water Use Efficiency Checklist submitted by
the Project applicant.
3. Approve or deny the Project applicant's Indoor Water Use
Efficiency Checklist submittal as part of the application review
process.
4. Upon approval of the Indoor Water Use Efficiency Checklist,
and after all other required permits and approvals have been
obtained by the applicant, issue a permit or approve the plan
check, design review or new or expanded water service
application for the Project applicant.
5. In its discretion, inspect the installation of the water efficient
fixtures and appliances to verify that they have been installed
and are performing at the required use levels.
6. Provide a copy of the complete Indoor Wafer Use Efficiency
Checklist to the City.
B. The Project applicant shall:
l .Meet the mmJmum X
x7ate?' use efficiency standards for indoor
fixtures and appliances provided for in the Indoor Water Use
Efficiency Table and Checklist.
2. Prior to construction, submit all port
ions of the Indoor Water
Use Efficiency Checklist to the City's (ap��•op�•iate official) for
verification.
3. Construct the Project in compliance with the minimum water
use efficiency standards for indoor fixtures and appliances
provided for in the Indoor Water Use Efficiency Table and
Checklist.
100196UO Components of the Indoor Water use Efficiency Checklist
The Indoor Water Use Efficiency Checklist shall require, at a
minimum:
A. Project Information;
B. Quantity and unit water use factors of all indoor fixtures and appliances
relative to the standards listed in the Indoor Water Use Efficiency
Table and Checklist;
C. Contain the following statement to be completed by the Project
applicant: "I certify that the subject project meets the specified
requirements of the Indoor Water Use Efficiency Ordinance"; and
D. Bear the signature of the Project applicant, or that of a certified
professional.
A. Violation.
It is unlawful for any person, firm, partnership, association, or
corporation subject to the requirements of this Ordinance to fail to !
comply with the water use efficiency requirements or to alter or
rN
place the fixtures and appliances required by this Ordinance with
other noncompliant fixtures or appliances after the completion of
construction or remodel.
B. Notice of Correction.
Whenever the City determines that a violation of this
Ordinance has occurred, the City may serve a notice of correction
on the owner(s) of the property on which the violation is situated.
The owner(s) of record shall have ninety (90) days to take
corrective action.
C. Enforcement
If the owner of the property which is the subject of the violation
fails to take corrective action within ninety (90) days, the City may
enforce this ordinance according to the provisions of Chapter 1.12
of this code.
The local agency shall provide information to all applicants
regarding the installation of water efficient fixtures and appliances."
If any section, 0ubsection, provision or part of this Ordinance, or its application to
any person or circumstance, is held to be unconstitutional or otherwise invalid, the
remainder of this Ordinance, and the application of such provision to other person
or circumstances, shall not be affected thereby and shall remain in full force and
effect and, to that end, the provisions of this Ordinance are severable.
The City Council of the City
Ordinance is not subject to the
of Burlingame finds and determines that this
California Environmental Quality Act (Public
seq -"CEQA") pursuant to Section 15307 (the
Resources Code Section 2100 et
activity assures the maintenance, restoration, enhancement, or protection of a
natural resource) and Section 153780(b)(2) (the activity is
involves general policy and procedure making) of the State
California Code of Regulations, Title 14, Chapter 3,
implements policies and procedures for ensuring that wat
conserved by reducing water consumption through the
indoor plumbing fixtures.
not a project as it
CE
This Ordinance shall become effective on March 10, 2010.
Guidelines,
since it snakes and
er resources are
use of water efficient
aylock, Mayor
I, Mary Ellen Kearney, City Cleric of the City of Burlingame, do hereby certify
that the foregoing ordinance was introduced at a regular meeting of the City Council held
on the 1st day of February, 2010, and adopted thereafter at a regular meeting of the City
Council held on the 16th day of February, 2010, by the following vote:
AYES: Councilmembers: BAYLOCK, BROWNRIGG, DEAL, KEIGHRAN, NAGE
L
NOES: Councilmembers: NONE
ABSENT: Councilimenibers: NONE ► , _ a
Mary
,City