O 631 ORDINANCE NO. 631
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AMENDING SECTIONS 13.05.010 — 13.05.070 OF CHAPTER
13.05 OF TITLE 13 OF THE ARROYO GRANDE MUNICIPAL CODE
REGARDING MANDATORY WATER CONSERVATION MEASURES
WHEREAS, a reliable minimum supply of potable water is essential to the public health,
safety and welfare of the people and economy of the City of Arroyo Grande ( "City "); and
WHEREAS, careful water management that includes active water conservation measures
not only in times of drought, but at all times, is essential to ensure a reliable minimum
supply of water to meet current and future water supply needs of the City; and
WHEREAS, the adoption and enforcement of mandatory water conservation measures is
necessary to manage the City's potable water supply in the short and long -term and to
avoid or minimize the effects of drought and shortage within the City; and
WHEREAS, the City adopted Ordinance No. 540 in May 2003 to add Chapter 13.05 to the
Municipal Code to implement water conservation measures subject to water supply
conditions; and
WHEREAS, the City adopted Resolution No. 4118 in August 2008 declaring a severely
restricted water supply condition and enacting mandatory water conservation measures;
and
WHEREAS, water supply conditions in the City improved from a severely restricted
water supply condition in 2008 to a normal water supply condition in 2010 due largely
the City's tiered rate structure, successful water conservation program and mandatory
water conservation measures; and
WHEREAS, it is projected that an increase in water supply of about 10% is needed to
accommodate the City's General Plan buildout population; and
WHEREAS, it has been determined that the City must make the existing mandatory
water conservation measures permanent in order to help meet the City's goal of
maintaining water usage at 90% or less of supply at buildout; and
WHEREAS, after consideration of all testimony and all evidence, the City Council has
determined that the following findings can be made in an affirmative manner
A. The proposed revision to the Municipal Code is consistent with the goals,
objectives, policies and programs of the General Plan including C /OS6 (manage
and use and limit its urban development potential to that which can be sustained
by the available water resources and serviced by circulation and other
infrastructure), and is necessary and desirable to implement to provisions of the
General Plan.
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B. The proposed revision to the Municipal Code will not adversely affect the public
health, safety, and welfare or result in an illogical land use pattern since the
proposed changes allow more efficient utilization of the City's water supply.
C. The proposed revision to the Municipal Code is consistent with the purpose and
intent of the water conservation section.
D. The City has conducted an environmental review and has found that it can be
seen with certainty that there is no possibility that the proposed Ordinance will
have an effect on the environment and therefore this project is exempt from the
provisions of CEQA, pursuant to CEQA Guidelines Section 15307.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande,
as follows:
SECTION 1: The above recitals and findings are true and correct.
SECTION 2: Arroyo Grande Municipal Code Sections 13.05.010 — 13.05.070 are hereby
repealed and replaced in its entirety as follows:
13.05.010 - Water conservation measures established
Mandatory water conservation measures are hereby established as set forth in
this article.
13.05.020 — Application
A. To the extent authorized by law, this article shall apply to all customers
and property within the City and the City's water service area.
B. The provisions of this article do not apply to uses of water necessary to
protect public health and safety or for essential health care or government
services such as police, fire and other similar emergency services.
C. The city council may adopt resolutions designed to implement the
provisions of this chapter.
13.05.030 — Water conservation requirements
The following water conservation requirements are effective at all times, except
during critical water supply conditions as outlined in Section 13.05.040.
Violations of this section shall be considered waste and an unreasonable use of
water. Penalties for noncompliance are listed in Sections 13.05.050 and
13.05.060.
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A. Use of water which results in excessive gutter runoff is prohibited.
B. Outdoor Water Use — Except Irrigation.
1. No water shall be used for cleaning driveways, patios, parking lots,
sidewalks, streets or other such use except where necessary to
protect the public health and safety;
2. Outdoor water use for washing vehicles shall be attended and have
hand - controlled watering devices.
C. Outdoor Irrigation.
1. Outdoor irrigation is prohibited between the hours of ten a.m. and four
p.m.
2. Irrigation of private and public landscaping, turf areas and gardens is
permitted at even - numbered addresses only on Mondays and
Thursdays and at odd - numbered addresses only on Tuesdays and
Fridays. No irrigation of private and public landscaping, turf areas
and gardens is permitted on Wednesdays. Irrigation is permitted at
all addresses on Saturdays and Sundays however, in all cases
customers are directed to use no more water than necessary to
maintain landscaping.
D. Emptying and refilling swimming pools and commercial spas is prohibited
except to prevent structural damage and /or to provide for the public health
and safety.
E. Use of potable water for soil compaction or dust control purposes in
construction activities is prohibited unless specifically approved by the City.
13.05.040 — Critical water supply condition
A. A critical water supply condition is defined as consuming one hundred
(100) percent of the annually available water supply. The city council may
adopt a resolution declaring a critical water supply condition, which would
determine additional mandatory water conservation measures in effect at
any particular time within the city.
B. The following water restrictions and measures shall be in effect during
critical water supply conditions:
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1. Outdoor irrigation of private or public landscaping, turf areas and
gardens using potable water is prohibited.
2. Outdoor water use for washing vehicles is prohibited except at a
public car wash facility.
3. The city council may also impose any water - rationing requirements
as it deems appropriate to protect public health, safety, welfare,
comfort and convenience.
C. Upon adoption of the required resolution, the restrictions and measures
identified in this chapter shall take effect immediately.
13.05.050 — Penalties for noncompliance.
A. Violation of any provision of this chapter may result in termination of water
service until such violation is corrected, and until penalties are paid in full
and will be subject to the following administrative procedure:
1. Written notice to the alleged offender, including the furnishing of
informational material and advice where appropriate;
2. Recovery of all city staff costs, including overhead, or any second
or greater offense within any one -year period;
3. Additional civil administrative penalties for any third or greater
offense within any one -year period;
4. The right to appeal first to the utility billing adjustment committee
and then to the city council.
13.05.060 — Violation - Penalty.
In addition to, and completely separate from, the civil enforcement provisions of
the ordinance codified in this chapter, any person who knowingly and willfully
violates the provisions of this chapter shall be guilty of a criminal misdemeanor
as provided in the general penalty provisions of this code. All previous attempts
by the city to obtain compliance by the defendant may be introduced as evidence
of the offender's knowledge and willfulness.
SECTION 3: If any section, subsection, subdivision, paragraph, sentence, or clause of this
Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not
affect the validity of the remaining portion of this Ordinance or any part thereof. The City
Council hereby declares that it would have passed each section, subsection, subdivision,
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thereof, irrespective of the fact that any sentence, or clause p y one or more
section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional.
SECTION 4: A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full
text of the proposed Ordinance shall be posted in the office of the City Clerk. Within
fifteen (15) days after adoption of the Ordinance, the summary with the names of those
City Council Members voting for and against the Ordinance shall be published again,
and the City Clerk shall post a certified copy of the full text of such adopted Ordinance.
SECTION 5: This Ordinance shall take effect thirty (30) days after its adoption.
On motion by Council Member Brown, seconded by Council Member Guthrie, and by the
following roll call vote, to wit:
AYES: Council Members Brown, Guthrie, Costello, Ray, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Ordinance was adopted this 10 day of May, 2011.
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TONY FERA, AYOR
ATTEST:
D Wtc4aeM —
KELLY W MO , CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADA , ITY MANAGER
APPROVED AS TO FORM:
TIMO Y J. CARMEL ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
the attached is a true, full, and correct copy of Ordinance No. 631 which was
introduced at a regular meeting of the City Council on April 26, 2011; was passed
and adopted at a regular meeting of the City Council of the City of Arroyo Grande
on the 10 day of May 2011; and was duly published in accordance with State
law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11
day of May 2011.
'i /_ - i .[...t
KELLY • E' ORE, CITY CLERK