Milpitas Municipal Code Ch. 6 Water Conservation (CA)

Footnotes:

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Editor's note— Ord. No. 240.7, § 2, adopted August 5, 2021, amended the Code by repealing former Ch. 6, §§ VIII-6-1.00—VIII-6-6.00, and adding a new Ch. 6. Former Ch. 6 pertained to similar subject matter, and derived from Ord. 240, adopted May 3, 1994; Ord. 240.1, adopted August 16, 2005; Ord. No. 240.4, adopted October 20, 2015; Ord. No. 290, adopted May 17, 2016; and Ord. 240.6, adopted June 20, 2017.

VIII-6-1.00 - Purpose¶

The City Council of the City of Milpitas has found that the limited supply of City waters are subject to ever increasing demands; that the City's economic prosperity depends on adequate supplies of water; and that the City policy promotes conservation and efficient use of potable water.

Consistent with the above findings, the purpose of this chapter is to promote the values and benefits of conservation and efficient use of potable water; and establish provisions for water management practices to enable effective water supply planning and prevention of potable water waste.

A. This chapter outlines processes and procedures to implement during times of declared water shortage.

(Ord. No. 240.7, § 2, 8/5/21)

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VIII-6-2.00 - Definitions¶

The words used in this chapter have the meaning set forth below:

2.01 "Recycled water," "Reclaimed Water," or "Treated Sewage Effluent Water" means treated or recycled wastewater of a quality suitable for non-potable uses such as landscape irrigation, and not intended for human consumption.

2.02 "Runoff" means water that is not absorbed by the surface to which it is applied and flows from the area.

2.03 "Potable Water" means water sold by the City of Milpitas intended for human consumption.

2.04 "Recirculated Water" means water that is circulated in a system that recirculates water through an internal circulation device.

2.05 "2020 Water Shortage Contingency Plan" or "WSCP" means the adopted plan that establishes standards and procedures to enable implementation and enforcement of local water shortage contingency measures and defines six water shortage levels.

2.06 "Pools and Spas" means a design element where open water performs a recreational function for which water is supplied through a City potable water meter.

2.07 "Water feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams for which water is supplied through a City potable water meter. Pools and Spas are not considered water features and are defined separately.

2.08 "Annual Water Supply and Demand Assessment" or "Annual Assessment" means an annual report with information for anticipated shortage, triggered shortage response actions, compliance and enforcement actions, and communication actions consistent with the City's WSCP.

2.09 "Measurable rainfall" means at least one fourth of one inch of rain.

2.10 "Ornamental turf" means grass grown for decorative purposes.

(Ord. No. 240.7, § 2, 8/5/21)

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VIII-6-3.00 - Permanent Water Use Restrictions¶

The following water conservation requirements are effective at all times and are permanent as outlined in the City's WSCP, incorporated herein by reference as if fully set forth herein. More restrictive measures may be in place depending on the declared water shortage level. Violations of this section will be considered waste and an unreasonable use of water.

The table entitled "Table 3-1. Retail: Water Shortage Contingency Plan Levels (DWR Submittal Table 8-1)" is adopted as part of the WSCP and is attached as Exhibit "A."

EXHIBIT "A"

Table 3-1. Retail: Water Shortage Contingency Plan Levels (DWR Submittal Table 8-1)

DWR Submittal Table 8-1 Retail Water Shortage Contingency Plan Levels

Shortage Levels	Percent Shortage Range	Water Shortage Condition
0	0% (Normal)	A Level 0 Water Supply Shortage - Condition exists when the City notifies its water users that no supply reductions are anticipated in this year. City proceeds with planned water efficiency best practices to support consumer demand reduction in line with state mandated requirements and local City goals for water supply reliability. Permanent water waste prohibitions are in place as stipulated in the City's Water Shortage Response Ordinance.
1	Up to 10%	A Level 1 Water Supply Shortage - Condition exists when the City notifies its water users that due to drought or other supply reductions, a consumer demand reduction of up to 10% is necessary to make more efficient use of water and respond to existing water conditions. The City shall implement the mandatory Level 1 conservation measures identified in this WSCP. The type of event that may prompt the City to declare a Level 1 Water Supply Shortage may include, among other factors, a finding that its wholesale water provider calls for extraordinary water conservation.
2	11% to 20%	A Level 2 Water Supply Shortage - Condition exists when the City notifies its water users that due to drought or other supply reductions, a consumer demand reduction of up to 20% is necessary to make more efficient use of water and respond to existing water conditions. Upon declaration of a Level 2 Water Supply Shortage condition, the City shall implement mandatory Level 2 conservation measures identified in this WSCP.
3	21% to 30%	A Level 3 Water Supply Shortage - Condition exists when the City declares a water shortage emergency condition pursuant to California Water Code section 350 and notifies its residents and businesses that up to 30% consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The City must declare a Water Supply Shortage Emergency in the manner and on the grounds provided in California Water Code section 350.
4	31% to 40%	A Level 4 Water Supply Shortage - Condition exists when the City declares a water shortage emergency condition pursuant to California Water Code section 350 and notifies its residents and businesses that up to 40% consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The City must declare a Water Supply Shortage Emergency in the manner and on the grounds provided in California Water Code section 350.
5	41% to 50%	A Level 5 Water Supply Shortage - Condition exists when the City declares a water shortage emergency condition pursuant to California Water Code section 350 and notifies its residents and businesses that up to 50% or more consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The City must declare a Water Supply Shortage Emergency in the manner and on the grounds provided in California Water Code section 350.
6	>50%	A Level 6 Water Supply Shortage - Condition exists when the City declares a water shortage emergency condition pursuant to California Water Code section 350 and notifies its residents and businesses that greater than 50% or more consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The City must declare a Water Supply Shortage Emergency in the manner and on the grounds provided in California Water Code section 350.

The table entitled "Table 3-2. Demand Reduction Actions (DWR Submittal Table 8-2)" is adopted as part of the WSCP and is attached as Exhibit "B."

EXHIBIT "B"

Table 3-2. Demand Reduction Actions (DWR Submittal Table 8-2)

DWR Submittal Table 8-2: Demand Reduction Actions

Shortage Level	Demand Reduction Actions	How much is this going to reduce the shortage gap?	Additional Explanation or Reference	Penalty, Charge, or Other Enforcement?
0	Other water feature or swimming pool restriction	Statewide prohibition is required	Cleaning, filling, or operating water features, such as decorative fountains, except where the water is part of a recirculating system.	No
0	Other	Statewide prohibition is required	Washing or hosing down vehicles is prohibited except by use of a hand held container, hose with an automatic shut off device, or at a commercial car wash.	No
0	Other - Prohibit use of potable water for washing hard surfaces	Statewide prohibition is required	Washing hard or paved surfaces is prohibited except to alleviate safety or sanitary hazards using a hand held container, hose with an automatic shut off device, or a low-volume high pressure cleaning machine that recycles used water.	No
0	Landscape - Restrict or prohibit runoff from landscape irrigation	Statewide prohibition is required	Watering vegetated areas in a manner that causes excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter, or ditch is prohibited.	No
0	Landscape - Other landscape restriction or prohibition	Statewide prohibition is required	Irrigating ornamental turf on public street medians is prohibited.	No
0	Landscape - Other landscape restriction or prohibition	Statewide prohibition is required	No landscape watering shall occur within 48 hours after measurable precipitation.	No
0	Landscape - Other landscape restriction or prohibition	On-going long-term conservation savings measure. Not applicable to water shortage contingency plan quantifiable savings.	Prohibited use of broken or defective plumbing, sprinkler, watering or irrigation systems	No
0	Landscape - Other landscape restriction or prohibition	On-going long-term conservation savings measure. Not applicable to water shortage contingency plan quantifiable savings.	Prohibited use of potable water for outdoor irrigation in newly constructed homes and buildings, except with drip or microspray irrigation systems.	No
0	CII - Restaurants may only serve water upon request	On-going long-term conservation savings measure. Not applicable to water shortage contingency plan quantifiable savings.	CII - Restaurants may only serve water upon request	No
0	CII - Other CII restriction or prohibition	On-going long-term conservation savings measure. Not applicable to water shortage contingency plan quantifiable savings.	No water in new, added or altered cooling system equipment unless at least fifty percent (50%) of the water is recycled.	No
0	Other - Prohibit vehicle washing except at facilities using recycled or recirculating water	On-going long-term conservation savings measure. Not applicable to water shortage contingency plan quantifiable savings.	All new commercial car wash and laundry facilities must recirculate the wash water.	No
0	Landscape - Limit landscape irrigation to specific times	On-going long-term conservation savings measure. Not applicable to water shortage contingency plan quantifiable savings.	Watering or irrigation of vegetated areas is prohibited between 9 am and 6 pm except by use of a hand held device, hose equipped with an automatic shutoff device, or for adjusting or repairing an irrigation system for short periods of time.	No
0	Other - Require automatic shutoff hoses	On-going long-term conservation savings measure. Not applicable to water shortage contingency plan quantifiable savings.	Use a shutoff nozzle on hoses.	No
0	Pools and spas - Require covers for pools and spas	On-going long-term conservation savings measure. Not applicable to water shortage contingency plan quantifiable savings.	Pools and spas shall be covered when not in use to prevent evaporation.	No
0	Other - Prohibit use of potable water for construction and dust control	On-going long-term conservation savings measure. Not applicable to water shortage contingency plan quantifiable savings.	Require a construction water use plan be submitted to the water supplier that addresses how impacts to existing water users will be mitigated (such as dust control).	No
0	Landscape - Limit landscape irrigation to specific days	On-going long-term conservation savings measure. Not applicable to water shortage contingency plan quantifiable savings.	Irrigation shall be limited to 4 days per week turf watering when using potable water.	No
0	Landscape - Other landscape restriction or prohibition	On-going long-term conservation savings measure. Not applicable to water shortage contingency plan quantifiable savings.	Prohibited use of potable water for outdoor irrigation in newly constructed homes and buildings, except with drip or microspray irrigation systems.	No
1	Landscape - Limit landscape irrigation to specific times	0—5%	Watering or irrigation of vegetated areas is prohibited between 9 am and 6 pm except by use of a hand held device, hose equipped with an automatic shutoff device, or for adjusting or repairing an irrigation system for short periods of time.	Yes
1	Landscape - Limit landscape irrigation to specific days	0—5%	Irrigation shall be limited to 4 days per week turf watering when using potable water.	Yes
1	Expand public information campaign	0—1%	Community outreach and messaging (expand public information campaign)	Yes
1	Reduce system water loss	0—5%	Real loss reduction - Pressure management and more aggressive leak detection and repair	Yes
1	Increase water waste patrols	0—1%	Increase water waste patrols	Yes
1	Expand public information campaign	0—1%	Expand promotion and outreach about rebates available	No
2	Improve customer billing	0—1%	Improve AMI leak reports to include more details on water use	No
2	Other - Customers must repair leaks, breaks, and malfunctions in a timely manner	0—1%	Fix leaks or faulty sprinklers promptly/within 5 days.	Yes
2	Landscape - Other landscape restriction or prohibition	0—1%	Prohibited use of broken or defective plumbing, sprinkler, watering or irrigation systems.	Yes
2	Landscape - Limit landscape irrigation to specific days	5-10%	Irrigation shall be limited to 3 days per week turf watering when using potable water. Plant containers, trees, shrubs and vegetable gardens may be watered additional days using only drip irrigation or hand watering.	Yes
2	Water features - Restrict water use for decorative water features, such as fountains	0—1%	Filling or refilling ornamental lakes and ponds is prohibited. Ornamental lakes and ponds that sustain aquatic life of significant value and were actively managed prior to the storage declaration are exempt.	Yes
2	Pools and spas - Require covers for pools and spas	0—1%	Pools and spas - Require covers for pools and spas	Yes
2	Decrease line flushing	0—1%	Decrease line flushing	Yes
2	CII - Restaurants may only serve water upon request	0—1%	CII - Restaurants may only serve water upon request	Yes
2	Pools - Allow filling of swimming pools only when an appropriate cover is in place.	0—1%	Pools - Allow filling of swimming pools only when an appropriate cover is in place.	Yes
3	Other - Customers must repair leaks, breaks, and malfunctions in a timely manner	0—1%	Fix leaks or faulty sprinklers within 4 days.	Yes
3	Other - Prohibit vehicle washing except at facilities using recycled or recirculating water	0—1%	Car washing is only permitted using a commercial carwash that recirculates water or by high pressure/low volume wash systems.	Yes
3	Other - Prohibit use of potable water for construction and dust control	0—1%	Require a construction water use plan be submitted to the water supplier that addresses how impacts to existing water users will be mitigated (such as dust control).	Yes
3	Landscape - Limit landscape irrigation to specific days	10—25%	Irrigation shall be limited to 2 days per week turf watering when using potable water. Plant containers, trees, shrubs and vegetable gardens may be watered additional days using only drip irrigation or hand watering.	Yes
3	Other water feature or swimming pool restriction	0—1%	Decorative water features that use potable water must be drained and kept dry.	Yes
3	CII - Other CII restriction or prohibition	0—1%	No water in new, added or altered cooling system equipment unless at least fifty percent (50%) of the water is recycled.	Yes
4	Other - Customers must repair leaks, breaks, and malfunctions in a timely manner	0—1%	Fix leaks or faulty sprinklers within 3 days.	Yes
4	Landscape - Limit landscape irrigation to specific days	5—20%	Irrigation shall be limited to 1 day per week turf watering when using potable water. Plant containers, trees, shrubs and vegetable gardens may be watered additional days using only drip irrigation or hand watering.	Yes
4	Other water feature or swimming pool restriction	0—1%	Existing pools shall not be emptied and refilled using potable water unless required for public health and safety purposes.	Yes
4	Other water feature or swimming pool restriction	0—1%	No new permits for pools will be issued.	Yes
4	Landscape - Prohibit certain types of landscape irrigation	0—1%	Irrigation of golf courses only allowed for greens and tees area.	Yes
5	Other - Customers must repair leaks, breaks, and malfunctions in a timely manner	0—1%	Fix leaks or faulty sprinklers within 2 days.	Yes
5	Landscape - Prohibit all landscape irrigation	5—20%	All irrigation is prohibited.	Yes
5	Landscape - Prohibit certain types of landscape irrigation	0—1%	Watering of all golf course areas is prohibited.	Yes
5	Landscape - Prohibit certain types of landscape irrigation	0—1%	Watering of parks, school grounds, and recreation fields is prohibited, except for rare plant or animal species.	Yes
6	Other - Customers must repair leaks, breaks, and malfunctions in a timely manner	0—1%	Fix leaks or faulty sprinklers within 1 day.	Yes
6	Other	0-50%	Water use for public health and safety purposes only.	Yes
6	Landscape - Prohibit all landscape irrigation	0—5%	The City may shut off all nonessential water services. All irrigation is prohibited.	Yes
6	CII - Other CII restriction or prohibition	0-15%	Water for commercial, manufacturing, or processing purposes shall be reduced in volume by up to 50% or exceeded if necessary for public health and safety purposes.	Yes
6	Other	0-70%	Water use for public health and safety purposes only. Customer rationing may be implemented.	Yes

The following uses of potable water are prohibited at all times and are permanent:

3.01 Use that results in flooding or runoff in gutters, waterways, patios, sidewalks, driveways, or streets except as permitted in Section 3.02(a) and (b).

3.02 Use of pressure washer or hand-held hose not equipped with a positive self-closing water shutoff device for:

(a) Washing cars, buses, boats, aircraft, trailers or other vehicles or mobile equipment;

(b) Watering outside plants, lawn, landscape, and turf areas.

3.03 Except upon the request of a customer, service of water by any establishment including but not limited to restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served and/or purchased.

3.04 Use through broken or defective plumbing, sprinkler, watering, or irrigation systems.

3.05 Use in new, added, or altered commercial car wash equipment unless a recirculating water system is incorporated.

3.06 Use in new, added, or altered cooling system equipment unless at least fifty percent (50%) of the water is recirculated. A waiver to allow less than fifty percent (50%) recirculating may be granted by the Building Official due to water quality concerns only. Cost is not an acceptable reason to request or receive a waiver.

3.07 Use for irrigation if recycled water, reclaimed water, or treated sewage effluent water is available, except in the following situations as deemed necessary by City Engineer/Public Works Director:

(a) Irrigation of City Cultural Resources;

(b) Where recycled water, reclaimed water, and treated sewage effluent water use is prohibited under Title 22 of the California Water Code;

(c) Other situations where recycled water, reclaimed water, or treated sewage effluent water use is deemed inappropriate by the City Engineer/Public Works Director.

3.08 Use for hosing of sidewalks, driveways, walkways, parking areas and other paved surfaces.

3.09 Use for construction purposes, including dust control and compaction.

3.10 Use for cleaning, filling, or operating water features, such as decorative fountains, ponds, lakes or other similar aesthetic structures, except where the water is part of a recirculating system. The only exception may be a water feature currently listed in the National Register of Historic Places, where water use deemed necessary for integrity of the feature.

3.11 Use to irrigate outdoor plants, lawn, grass, landscaping, or turf areas during and within forty-eight (48) hours after measurable rainfall.

3.12 Use for outdoor irrigation in newly constructed homes and buildings, except with drip or microspray irrigation systems.

3.13 Use for watering street medians containing ornamental turf.

3.14 Uncovered pools and spas when not in use.

3.15 The prohibitions enumerated in 3.11, 3.12, and 3.13 do not apply to any water treatment features, such as landscaping and green roofs, to meet the requirements of Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit No. CAS612008, C3 Provision.

3.16 Use for watering or irrigation of any plants, lawn, grass, landscaping or turf areas except between the hours of 6:00 p.m. through 9:00 a.m. and for no more than four (4) days during any seven-day period. The days of watering shall be:

Address Ending in Odd Number: Monday, Wednesday, Thursday, and Saturday;

Address Ending in Even Number: Tuesday, Thursday, Friday, and Sunday;

No address: Monday, Tuesday, Thursday, and Sunday.

The following activities are exempt from the day and time restrictions on watering or irrigation (only in WSCP shortage levels 0 and 1):

(a) Use for short periods during timer adjustment and repair of irrigation system are exempt from the time and day restriction set forth above.

(b) Watering by hand.

(d) Watering using drip irrigation systems.

(e) Landscape irrigation zones that are controlled by an activated weather-based irrigation controller.

3.17 Exceptions to the prohibitions enumerated in 3.09, 3.10, 3.11, 3.12, 3.13, 3.14, 3.15 and 3.16 may be granted where necessary to address an immediate health and safety need, or to comply with a term or condition in a permit issued by a state or federal agency, or where otherwise allowed by law.

(Ord. No. 315, § 2, 1/7/25; Ord. No. 240.7, § 2, 8/5/21)

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VIII-6-4.00 - Procedures for Determination of Water Supply Shortages, Emergencies, and…¶

A. Under California Water Code Section 10632, the City is required to conduct an Annual Water Supply and Demand assessment (Annual Assessment). The Annual Assessment must be submitted to the Department of Water Resources by July 1st of each year.

B. If the City's water supply availability remains unchanged from the prior year's Annual Assessment, the City Manager or designee shall approve the Annual Assessment and submit the findings to the Department of Water Resources, by the July 1st deadline.

C. If the water shortage level per the Annual Assessment is expected to increase, the City Manager or designee shall present to the City Council, for adoption by resolution, the Annual Assessment and recommended demand reduction actions commensurate to the WSCP water shortage level required to achieve the demand reductions as determined by the Annual Assessment.

D. Upon the adoption of any such resolution, the restrictions and/or reductions in water use set forth in the WSCP for the identified water shortage level shall be in effect immediately.

E. Subsequent to the adoption of the water shortage level and demand reduction actions, the Annual Assessment and resolution adopting the appropriate WSCP water shortage level shall be formally submitted to the Department of Water Resources per California Water Code Section 10632.

F. City Staff shall inform the public of the water shortage level and demand reduction actions according to the procedures and protocols for communication identified in the WSCP.

G. In the event of an emergency which threatens to significantly diminish the reliability or quality of the City's water supply, the City Council may declare a water shortage emergency. In such an event, the City Manager or designee shall present to the City Council, for adoption by resolution, the appropriate WSCP water shortage level and demand reduction actions needed to address the water supply shortage in stages of up to and in-excess of 50%, until the emergency passes or the City Council takes other actions.

(Ord. No. 240.7, § 2, 8/5/21)

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VIII-6-5.00 - Non-Compliance¶

Any violation of this Chapter shall be subject to the penalties provision set forth in Section I-1-4.09 (Penalty Provision), Sections I-21-1.01 through I-21-1.14 (Administrative Citation), or any other penalty provisions in the Municipal Code or State law.

(Ord. No. 240.7, § 2, 8/5/21)

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VIII-6-6.00 - Water Meter Loan Program¶

Water meters shall be made available by the City to loan to industrial and commercial customers for use in water audits. The industrial and commercial customers shall use the meters to conduct audits in various segments of their plant or process for identifying and implementing water conservation measures.

(Ord. No. 240.7, § 2, 8/5/21)

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VIII-6-7.00 - Applicability¶

The prohibitions and rationing requirements identified in this Chapter are not applicable to fountains, irrigation systems, cooling towers, and dual-plumb sites that use non-potable water such as recycled water.

(Ord. No. 240.7, § 2, 8/5/21)

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