San Bruno Municipal Code Art. III Water Shortage Emergency

Pursuant to California Water Code Section 350, the city council shall conduct a duly noticed public meeting for the purpose of finding and determining that a water shortage emergency condition exists. Upon finding of a water shortage emergency condition, the city council, by resolution, may declare a water shortage emergency and indicate the water shortage condition and implement water use regulations consistent with Section 10.16.050, and enforcement actions and penalties as generally described in Article V of this chapter, and as more specifically declared by the resolution and the then-current water shortage contingency plan. The city council may also adopt a temporary water rate increase and institute an excess water rate surcharge per Section 10.16.100. Water use regulations, enforcement actions and penalties, and water shortage rates shall remain in effect until the city council determines a state of water shortage emergency no longer exists.

A. Notwithstanding the foregoing, in the event of a fire or a breakage or failure of water treatment or distribution facilities, causing an immediate emergency or water shortage, the city manager is hereby authorized to declare a water shortage emergency and, if so declared, shall initiate implementation of the appropriate and necessary provisions of the city's emergency response plan and/or water shortage contingency plan. As soon as possible after such a declaration, the city manager shall make a full report on the water shortage emergency to the city council. During any such water shortage emergency, the city manager and his/her designees may take all steps necessary to protect and preserve the city's water system, and to protect the health and safety of the city's water customers and users, including, but not limited to, locking out nonessential water services, and obtaining and making available temporary water supplies.

B. In implementing subsection A of this section, the city manager shall be guided by the following guidelines applicable to the allocation of water supply during water shortages:

1. No water service shall be extended to new customers until the city council determines that the water shortage no longer exists;

2. Water service to critical community service facilities, including, without limitation, hospitals and emergency shelters, shall take precedence over water service to residential, commercial, institutional, and industrial customers;

3. Water service to residential, commercial, institutional, industrial and non-irrigation customers shall take precedence over water service to irrigation customers;

4. Once residential customers are receiving a water supply sufficient to meet their minimal health and safety requirements, water service to commercial, institutional, and industrial customers (for non-irrigation uses) shall take precedence over other uses of such water;

5. Water service to customers within the city's water service area boundaries shall take precedence over water service outside the city's water service area boundaries.

(Ord. 1522 § 3, 1990; Ord. 1902 § 3, 2021; Ord. 1911 § 1, 2022)

The city council may declare water shortage emergency conditions when it finds that available water supply cannot meet the normal demands of its water customers.

A. A Stage 1 water shortage will be declared when the city has determined that the water supply is not sufficient to meet normal demand and a reduction in water use up to ten percent is required. Water conservation measures set out in Article II, "Water Conservation Regulation," presently enacted or amended, shall be voluntary.

B. A Stage 2 water supply shortage will be declared when the city has determined that the water supply is not sufficient to meet normal demand and a reduction in water use up to twenty percent is required. The following regulations on water use shall be applicable:

1. Water conservation measures set out in Article II, "Water Conservation Regulation," presently enacted or amended, shall be mandatory and enforceable as to all water users under a mandatory Stage 2 declaration.

2. The watering of grass, lawn, groundcover, shrubbery, open ground crops and trees, in a manner that results in runoff into sidewalks, gutters and streets or during periods of precipitation, or to an extent which allows excess water to run to waste, is prohibited.

3. The watering of grass, lawn, groundcover, shrubbery, and trees, between the hours of nine a.m. and four p.m. is prohibited. Odd addresses are permitted to water Monday and Thursday, even addresses are permitted to water Tuesday and Friday, and non-numerical addresses are permitted to water Monday and Thursday. Irrigation shall be limited to fifteen minutes per irrigation station.

4. The escape of water through leaks, breaks, or malfunction within the water user's plumbing or distribution system for any period of time within which such break or leak should reasonably have been discovered and corrected, is prohibited. It shall be presumed that a period of ten days after the water user discovers such break, leak, or malfunction, or receives notice from the city of such condition, whichever occurs first, is a reasonable time within which to correct such condition or to make arrangement for correction.

5. The use of water from a hose for the cleaning of buildings, structures, walkways, sidewalks, driveways, patios, parking lots or hard-surfaced areas is prohibited. The washing of windows or structures with a bucket and squeegee is not prohibited.

6. The operation of a car wash using water from the city's water system is prohibited, unless water for such use is recycled.

7. The use of water from any fire hydrant is prohibited, unless specifically authorized by permit from the public works director, or designee, except by regularly constituted fire protection agencies for fire suppression purposes.

8. The use of water to fill, clean or maintain artificial or decorative lakes, fountains or ponds with a capacity of one thousand gallons or more is prohibited.

9. Using potable water from whatever source, in construction for dust control, or soil compaction is prohibited, unless reclaimed (or "nonpotable") water is not available. Vehicles hauling and spraying such water must have standardized signs indicating "reclaimed" or "nonpotable" water.

C. A Stage 3 water supply shortage will be declared when previous water conservation targets have not been met, or the city has determined that the water supply is not sufficient to meet normal demand and a reduction in water use up to thirty percent is required. The following regulations on water use shall be applicable:

1. All of the Stage 2 regulations, in subsection B, shall continue to be in effect during Stage 3, and shall be mandatory under a mandatory Stage 3 declaration.

2. The filling of any swimming pool is prohibited, unless there are extenuating circumstances as determined by the public works director, or designee.

3. The service of water in restaurants is prohibited, except upon request by the customer.

4. The use of any water for the flushing of fire hydrants and/or fire related drills, and water mains is prohibited, unless there is an emergency as determined by the public works director, the fire chief, or the city manager.

5. The indiscriminate running of water or washing with water is prohibited, that results in flooding or runoff in or on sidewalks, gutters, and streets.

D. A Stage 4 water supply shortage will be declared when previous water conservation targets have not been met, or the city has determined that the water supply is not sufficient to meet normal demand and a reduction in water use up to forty percent is required. The following regulations on water use shall be applicable:

1. All of the Stage 3 regulations, in subsection C, shall continue to be in effect during Stage 4, and shall be mandatory under a mandatory Stage 4 declaration.

2. Substantial planting or replanting of new landscaping which is not drought tolerant will be prohibited until such time the city council has determined that the emergency has passed. For new developments in which water-dependent (not drought-tolerant) landscaping is required as a use permit condition, the city shall require a cash bond or other form of security subject to approval of the public works director, or designee, from the developer in an amount specified which will be placed in an account in which the interest shall accrue to the developer. "Substantial" planting or replanting is hereby defined as planting or replanting in excess of ten percent of the total planted area of the development, parcel, site or lot.

E. A Stage 5 water supply shortage will be declared when previous water conservation targets have not been met, or the city has determined that the water supply is not sufficient to meet normal demand and a reduction in water use up to fifty percent is required. The following regulations on water use shall be applicable:

1. All of the Stage 4 regulations, in subsection D, shall continue to be in effect during Stage 5, and shall be mandatory under a mandatory Stage 5 declaration.

2. Use of water as deemed to be wasteful, as determined by the public works director, or designee, is prohibited.

3. At the direction of the city council, and upon adoption of a resolution implementing water rationing, a mandatory water rationing program shall be implemented, as set forth in Article IV, below.

F. A Stage 6 water supply shortage will be declared when previous water conservation targets have not been met, or the city has determined a reduction in water use greater than fifty percent is required. The following regulations on water use shall be applicable:

1. All of the Stage 5 regulations, in subsection E, shall continue to be in effect during Stage 6, and shall be mandatory under a mandatory Stage 6 declaration.

2. Use of water as deemed to be wasteful, as determined by the public works director, or designee, is prohibited.

(Ord. 1522 § 3, 1990; Ord. 1902 § 3, 2021; Ord. 1911 § 1, 2022)