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Big Bear Lake City Zoning Code

CHAPTER 17

11 - WATER CONSERVATION

17.11.010 - Purpose.

The purpose of this chapter is to provide water conservation measures in order to minimize the effect(s) of a water shortage on the citizens of, visitors to, and the economic well-being of the city and, by means of this chapter, to adopt provisions that will significantly reduce the wasteful and inefficient consumption of water over an extended period of time, thereby extending the available water resources required for the domestic, sanitation and fire protection needs of the citizens of, and visitors to, the city, while reducing the hardship of the city and the general public to the greatest extent possible.

(Ord. 87-151 § 1, 1987)

17.11.020 - Policy, objectives and goals.

It is declared that, because of the conditions prevailing in the city of Big Bear Lake and areas elsewhere from which the city of Big Bear Lake obtains its water supplies, the general welfare requires that the water resources available to the city be put to the maximum beneficial use to the extent to which they are capable and that the wasteful, inefficient or unreasonable use or method of use of our limited and finite water resources be prevented. As such, the conservation of such waters is to be exercised with a view to the reasonable and beneficial and efficient use thereof, in the interests of the people of the city and for the public welfare. Therefore, the city of Big Bear Lake declares and establishes the following goals, objectives and policies pertaining to the conservation and use of water:

A.

Goals.

1.

The conservation of water;

2.

The efficient use and distribution of available water supplies;

3.

Adequate and sufficient potable water supply and availability for the greatest public benefit, with particular regard to human consumption, sanitation and fire protection.

B.

Objectives.

1.

To conserve available water supplies;

2.

To achieve an overall water use reduction;

3.

To reduce the volume of wasted water;

4.

To reduce the demand for water and thus to slow down the need for new capital facilities;

5.

To continuously increase consumer awareness about the need for, and benefits of, water conservation;

6.

To reduce or eliminate wasteful and inefficient uses of water;

7.

To assure an adequate supply of potable water sufficient to meet the essential private and public needs of the city's growing population and economy;

8.

To minimize leakage of water from the distribution system;

9.

To assure that all new developments and that existing developments which are resold, remodeled or added to are equipped with water-conserving devices, fixtures and appliances;

10.

To increase the use of native or water-conserving plant species for landscaping purposes;

11.

To assure that development occurring on identified groundwater recharge areas maintains or enhances the site's natural water recharge characteristics and attributes.

C.

Policies.

1.

All new structures shall be (re)equipped with low-flush toilets, as per Section 17921.3 of the California Health and Safety Code, and with low-flow showers and faucets, as per Title 24, Part 6, Article 1, T20-1406F of the California Administrative Code, in addition to the insulating of all hot water lines, according to California Energy Commission regulations;

2.

Prior to project approval, guarantee of an adequate supply of potable water sufficient to meet essential private and domestic, sanitation and fire protection needs for the entire city of Big Bear Lake shall be provided by the local water purveyor or appropriate state agency;

3.

The use of native or water conserving plant species for landscaping purposes is suggested;

4.

The use of lawns shall be minimized in commercial, hotel, condominium and large-scale housing and shall be subject to planning commission review and conditioning of projects;

5.

Leakage of water from storage reservoirs and the distribution system shall be significantly reduced or eliminated;

6.

Cooperate with local water purveyors, appropriate state and other responsible agencies in facilitating a continuous program to increase consumer awareness about the need for and benefits of water conservation;

7.

Increase the efficiency of existing, and facilitate the construction of new, water storage reservoirs;

8.

Require new developments to pay a fair share contribution toward the construction of new water storage reservoirs identified as being needed;

9.

Encourage large water users to implement water recycling and reuse processes;

10.

Make water conservation as reliable a method in reducing water demands as water supply projects are in meeting such demands;

11.

Encourage large water users to submit a water conservation plan to the office of the general manager of the department of water and power and promote implementation of same;

12.

All city departments shall submit to the office of the general manager of the department of water and power a quarterly public report on their water conservation efforts;

13.

Water demand, use and mitigation shall be addresses in every environmental impact report.

(Ord. 89-178 § 1(part), 1989; Ord. 87-151 § 3, 1987)

17.11.030 - Applicability.

A.

The provisions of this chapter shall apply to all customers and property served by the department of water and power and shall also apply to all property and facilities owned, maintained, operated or otherwise under the jurisdiction of the various departments or agencies of the city of Big Bear Lake and the department of water and power.

B.

The prohibited uses of water provided for by this chapter are not applicable to that use of water necessary for public health and safety or for essential government services such as police, fire and similar emergency services.

C.

Nothing contained in this chapter shall be construed to require the curtailment of the supply of water to any person or property affected by this chapter.

(Ord. 89-178 § 1(part), 1989; Ord. 87-151 § 2, 1987)

17.11.040 - Prohibited acts.

These prohibited uses of water are applicable to all corporations, public and private, persons and property affected by this chapter. The following uses of water are hereafter considered nonessential to the public health, safety and welfare and, if allowed, would constitute wastage of water and are prohibited, pursuant to Water Code Section 350 et seq., Water Code Section 71640 et seq., and the common law:

A.

There shall be no hose washing of sidewalks, walkways, driveways, parking areas, patios, porches or verandas, except that flammable or other similar dangerous substances may be washed from said areas by direct hose flushing for the benefit of public health and safety.

B.

No water shall be used to clean, fill, operate or maintain levels in decorative fountains unless such water is part of a recycling system.

C.

No person shall permit water to leak from any facility on his/her premises, including water lines for transmission of water, privately or commercially. Said leak shall be repaired in a timely manner.

D.

Commencing April 1st and terminating August 31st, no person shall sprinkle, water or irrigate any shrubbery, trees, lawns, grass, groundcover, plants, vines, gardens, vegetables, flowers, or any other landscaped or vegetated areas between the hours of nine a.m. and six p.m. In any event, such watering shall not be in excess of needs nor be of a manner which allows water to flow onto streets. Between September 1st and March 31st of each year, the hours herein are nine a.m. to four p.m.

E.

Noncommercial washing of privately owned vehicles, trailers, buses or boats, except from a bucket and except that a hose equipped with a shutoff nozzle may be used for a quick rinse, and only then when such vehicles, trailers, buses or boats are positioned over a surface which will allow water to be returned to the ground.

F.

Any use of water from a fire hydrant, except for fire protection purposes.

G.

Use of water for any purpose, except as provided herein, which results in flooding or runoff in gutters, driveways or streets.

(Ord. 87-151 § 4, 1987)

17.11.050 - Administration—Declaration of emergency.

A.

The general manager of the department of water and power or his designee shall be charged with administration of water conservation measures, subject to review by the city council. The general manager of the department of water and power is empowered to declare the existence of a water emergency and to implement the measures contained in this chapter including, but not limited to, a total ban upon water use and consumption for nonessential purposes. A "nonessential use" shall include the filling, cycling, filtering, or refilling of swimming pools, spas, jacuzzis and like devices, and the watering of any lawn or landscaping. Such declaration shall be made only after approval by a quorum of the board of directors of the department and if a quorum is not available, by approval by a quorum of the city council.

B.

Such declaration of emergency shall be noticed in writing to print and broadcast media within fifteen minutes of its declaration and by telephone communication to the city council, fire, sheriff and board of commissioners of the department of water and power prior to its announcement. The city council shall convene an emergency meeting to review the declaration and underlying conditions as soon as a quorum of the council may be gathered.

C.

The authority approved by this section shall be in addition to those granted under Chapter 2.24 of this code and shall not be considered as a limitation by, or limitation to, the language of that chapter.

D.

A private or public corporation, acting as a commercial water purveyor, shall weekly submit a report to the general manager of the department of water and power, with a list of known or reported leaks in transmission lines. Such list shall include the date of discovery or reporting of such leak, the volume of water being lost from such leak and the date upon which repair crews are assigned to complete repairs. All leaks so reported shall be repaired within ten working days of discovery or reporting, unless the owner of such transmission line shall be regulated by some other provision of law.

(Ord. 89-178 § 1(part), 1989; Ord. 87-151 § 5, 1987)

17.11.060 - Appeals.

A.

Any person who is dissatisfied with the application of any of the provisions of this chapter, as the same relates to him or her, may seek relief as set forth in this section.

B.

The board of commissioners of the department of water and power shall have the power, upon the filing by a person of a letter for relief as provided in this chapter, to take such steps as deemed reasonable and necessary to resolve said request for relief.

C.

In determining whether relief shall be granted, the board of commissioners of the department of water and power shall take into consideration all relevant factors including, but not limited to:

1.

Whether reduction in water consumption will result in unemployment;

2.

Increased number of employees in commercial, industrial, and governmental offices;

3.

Increased production requiring increased process water;

4.

Water uses during new construction;

5.

Adjustments to water use caused by emergency health or safety hazards;

6.

Water use necessary for reasons related to family illness or health.

D.

No relief shall be granted to any person for any reason in the absence of showing by said person that he or she has achieved the maximum practical reduction in water consumption in his or her residential, commercial, industrial or governmental water consumption, as the case may be, other than in the specific area in which relief is being sought.

E.

No relief shall be granted to any person who fails to provide information to substantiate the basis for which relief is being sought.

F.

In the event such person shall file a notice of appeal of an adverse ruling within fifteen days of the date of such notice of ruling on forms prepared by the department of water and power, the city council, at a noticed public hearing, shall hear and determine the issues of appeal, such hearing being limited to the findings of the department of water and power on each of the factors defined in subsection C of this section.

(Ord. 89-178 § 1(part), 1989; Ord. 87-151 § 6, 1987)

17.11.070 - Enforcement authority.

The city code enforcement officer and employees of the department of water and power designated by the general manager shall enforce the provisions of this chapter.

(Ord. 89-178 § 1(part), 1989: Ord. 87-151 § 8, 1987)

17.11.080 - Violation—Penalty.

Violation(s) of any provision(s) of this chapter shall be subject to the following fines and penalties:

Violation Classification Penalty
First Infraction $50.00
Second Infraction 100.00
Third Infraction 250.00
Subsequent, within a six-month period Misdemeanor 90 days in County Jail, or fine of $500.00, or both

 

(Ord. 87-151 § 7, 1987)

17.11.090 - Compliance with state standards.

All landscaping installed in the City of Big Bear Lake shall additionally comply with the State Model Water Efficient Landscape Ordinance (23 California Code of Regulations, § 490 et seq.), as may be amended, if applicable. Nothing in this article is intended to exempt or excuse compliance with applicable state standards. In the event of a conflict between the requirements of this article and the State Model Water Efficient Landscape Ordinance, the more restrictive requirements shall apply.

(Ord. No. 2022-504, § 2, 8-15-2022)