Chapter 15.10

WATER WASTE PREVENTION AND WATER SHORTAGE MEASURES

Parts:

• 1 General Provisions 2 Water Waste Prevention 3 Water Shortage Measures 4 Water Management

Part 1

GENERAL PROVISIONS

Sections:

15.10.010 Purpose.

15.10.020 Definitions.

15.10.030 Potable water. 15.10.040 Graywater.

15.10.045 Food service establishment.

• 15.10.050 Reclaimed water.

15.10.060 Water from dewatering operations.

15.10.070 Syringing.

15.10.080 Landscape irrigation audit.

15.10.090 Automatic positive self-closing valve.

The City of San José is dedicated to long-term water conservation to address the chronic water

• A. "Potable Water" means water of a quality which meets California State Water Resources Control Board requirements for water suitable for human consumption.

• B. "Potable Water" does not include bottled drinking water; Reclaimed Water; recycled or socalled "graywater;" water brought into the County of Santa Clara by truck; Water from Dewatering Operations; Water Pollution Control Plant effluent; or water pumped for remediation purposes pursuant to a permit from the Santa Clara Valley Water District or the San Francisco Bay Regional Water Quality Control Board.

(Ords. 24600, 30765.)

"Graywater" means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful process-

ing, manufacturing, or operating wastes. "Graywater" includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers.

(Ords. 24600, 30765.)

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§ 15.10.045

"Food service establishment" means a user that prepares and/or sells food for consumption either on or off the premises or washes utensils or dishes on premises, including, but not limited to, restaurants, sandwich shops, delicatessens, bakeries, cafeterias, markets, bed and breakfast inns, motels, hotels, meeting halls, caterers, retirement and nursing homes or pizzerias. (Ord. 28597.)

"Reclaimed water" means water which, as a result of treatment of domestic wastewater, or groundwater cleanup discharge, is suitable for direct beneficial use or a controlled use that would not otherwise occur.

(Ord. 24600.)

"Water from dewatering operations" means water which is extracted from the ground or a sump to prevent the flooding of a building, structure, or excavation.

(Ord. 24600.)

"Syringing" means the watering of golf course greens, golf course tees, lawn bowling greens, or tennis greens, for a period not to exceed ten minutes per hour.

(Ord. 24600.)

"Landscape irrigation audit" means a process to perform site inspections, evaluate irrigation systems, and develop efficient irrigation schedules. (Ord. 24600.)

Except as otherwise explicitly stated, "director" means the director of the environmental services department.

(Ord. 24600.)

Part 2

WATER WASTE PREVENTION

Sections:

• 15.10.220 Water run-off prohibited.

• 15.10.230 Food service establishments.

• 15.10.235 Hotels, motels and other lodgings.

• 15.10.240 Cleaning of structures and surfaces.

• 15.10.260 Building and construction.

• 15.10.270 Hydrants.

• 15.10.290 Landscape irrigation.

• 15.10.295 Use of reclaimed water.

• A. The regulations in this part are intended to be permanent water conservation measures and to apply to the use of water from all sources on an on-going basis.

• B. No person shall waste water from any source nor shall any person allow such water wastage.

• C. No person shall use any water from any source, or continue the use of any water from any source, in any way prohibited by this chapter.

• (Ord. 24600.)

"Automatic positive self-closing valve" is a valve that requires a person using a hose to apply and maintain pressure at the outlet end of the hose to activate the flow of water. (Ord. 24600.)

• A. No owner or manager or other person responsible for the day-to-day operation of any premises shall fail to initiate repair of any leaking,

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§ 15.10.260

broken or defective water pipes, faucets, plumbing fixtures, other water service appliances, sprinklers, watering or irrigation systems within five (5) working days after the owner, manager or other responsible person knew or should have known of such leaks, breaks or defects.

• B. No owner or manager or other person responsible for the day-to-day operation of any premises shall fail to complete repair of any leaking, broken or defective water pipes, faucets, plumbing fixtures, other water service appliances, sprinklers, watering or irrigation systems, as soon as practical after initiation of such repair.

• (Ord. 24600.)

• A. No person shall use any water in any manner which results in run-off onto sidewalks, driveways, gutters or streets, except for water used in accordance with Sections 15.10.240 or 15.10.250.

• B. No person shall use any water in any manner which results in run-off beyond the immediate area of use, or the pooling or puddling of water, except for water used in accordance with Sections 15.10.240 or 15.10.250.

• (Ord. 24600.)

• A. No person shall provide any water to any customer at any food service establishment unless and until the customer requests water.

• B. No person shall use any non-water conserving dish wash spray valve in any food service establishment

• (Ords. 24600, 28597.)

The owner and manager of every hotel, motel, inn, guest house, bed and breakfast facility, and every other short-term commercial lodging shall prominently display a written notice in each bath-

room of the facility providing customers or guests with the option of helping to conserve water by not having towels and linens laundered daily. (Ord. 28597.)

No person shall use water through a hose to clean the exterior of any building or any structure or to clean sidewalks, driveways, patios, decks, tennis courts, parking lots or any other exterior paved or hard-surfaced areas, unless such hose is equipped with an automatic positive self-closing valve. (Ord. 24600.)

No person shall use any water through a hose to wash any car, truck, boat, trailer, bus, recreational vehicle, camper, or any other vehicle, or any portion thereof, unless such hose is equipped with an automatic positive self-closing valve. (Ord. 24600.)

No owner, manager or employee of a commercial car wash facility shall use any water to wash, or allow or permit the use of any water to wash, any car, truck, boat, trailer, bus, recreation vehicle, camper or any other vehicle, or any portion thereof, except if such person can demonstrate that such washing is exclusively by one of the following methods:

• A. Use of mechanical automatic car wash facilities utilizing water recycling equipment.

• B. Use of a bucket and handwashing.

• C. Use of a hose equipped with an automatic positive self-closing valve.

• (Ord. 24600.)

No person shall use, permit or allow the use of potable water for building or construction purposes, such as consolidation of backfill or dust control, without a prior approved written exception from the city.

(Ord. 24600.)

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§ 15.10.270

No person, except a water company for the purpose of necessary hydrant or water distribution system maintenance, or under the direction of the city's fire chief for firefighting or fire sprinkler maintenance, shall use, permit or allow the use of any water or flushing of any water from any fire hydrant, without a prior approved written exception from the city. (Ord. 24600.)

• A. No person shall use, permit or allow the use of Potable Water to irrigate any outdoor landscaping at any time between the hours of 10:00 a.m. and 8:00 p.m., unless the person using, permitting or allowing the use of the water is using a bucket, hand-carried container, a hose equipped with an Automatic Positive SelfClosing Valve, or a Drip Irrigation system.

• B. No person shall use, permit or allow the use of Potable Water to irrigate any outdoor landscaping or other vegetated area more than fifteen (15) minutes per day per Station when using a landscape irrigation system. This restriction does not apply to the following:

  1. A hose equipped with an Automatic Positive Self-Closing Valve that is continuously attended;

  2. Landscape irrigation systems that exclusively use very low-flow drip-type irrigation systems when no Emitter produces more than two gallons of water per hour;

  3. Irrigation systems employing weatherbased controllers; and

  4. Stream rotor sprinklers that meet a seventy-one percent (71%) efficiency standard.

• C. The restrictions on landscape irrigation contained in this Section do not apply to the following activities or during the following periods of time:

  1. Syringing of golf course greens, golf course tees, lawn bowling greens or lawn tennis courts;

  2. The conduct of a landscape water management audit to provide for the evaluation and adjustment of a landscape irrigation system; or

3. During plant Establishment Periods as defined in Section 15.11.390 of this Code.

(Ords. 24600, 28597, 29243, 30765.)

No person shall use, permit or allow the use of potable water to irrigate any outdoor landscaping, where an irrigation system has been installed to allow for use of reclaimed water and reclaimed water is available to the property for irrigation use. (Ord. 24600.)

Part 3

WATER SHORTAGE MEASURES

Sections:

• 15.10.310 Landscape irrigation restrictions.

• 15.10.320 Ornamental lakes and ponds.

• 15.10.325 Car washing.

• 15.10.330 Residential swimming pools and outdoor spas.

• 15.10.340 Cleaning of structures and surfaces.

• 15.10.350 Operation of decorative fountains.

• 15.10.355 Leak repair.

• 15.10.360 New landscape installation.

• 15.10.365 Hydrants.

• 15.10.370 Reserved.

• 15.10.375 Filling pools, spas and fountains.

• 15.10.380 Exception requests.

• 15.10.390 Fee for placards.

• A. The City Council may, by resolution, declare a state of water shortage whenever it finds that water supplies are expected to be inadequate to meet at least ninety percent (90%) of pro-

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§ 15.10.340

jected water demand, or whenever a minimum conservation level of ten percent (10%) or more has been established by the Santa Clara Valley Water District.

• B. In adopting such a resolution, the City Council may declare whether the water shortage is a ten percent (10%) shortage; a twenty-five percent (25%) shortage; a thirty percent (30%) shortage; or a forty percent (40%) shortage. In the event that a water shortage resolution adopted by the City Council fails to declare the level of water shortage, the resolution shall be deemed to be a resolution of a ten percent (10%) water shortage.

• C. In addition to the requirements of Part 2 of this Chapter, the provisions of this Part 3 shall apply to all uses of water for such period of time as a water shortage resolution adopted by the Council remains in effect.

• D. In addition to the foregoing, the City Council may adopt a resolution implementing water conservation measures whenever it finds the actions are necessary and appropriate under the current or anticipated climate conditions regardless of the drought or water shortage level.

sustain aquatic life that is of significant value and which has been actively managed within the water feature prior to declaration of a supply shortage level by the city council.

(Ords. 24600, 28597.)

Upon adoption by the City Council of a resolution declaring a twenty-five percent or greater water shortage, no person shall cause, permit or allow the use of water to wash or clean a vehicle, except at a commercial car washing facility that utilizes a re- circulating water system to capture or reuse water.

(Ords. 24600, 28597.)

Upon adoption by the city council of a resolution declaring a thirty percent or greater water shortage, no person shall cause, permit or allow initial filling or re-filling of more than one foot except for re-filling after repair for leaks, of residential swimming pools or outdoor spas with potable water, except for re-filling after repair for leaks. (Ords. 24600, 28597, 29555, 29556.)

(Ords. 24600, 28597, 30765.)

After adoption by the city council of a resolution declaring a ten percent or greater water shortage, it shall be unlawful for any person to use or allow the use of potable water to irrigate any outdoor landscaping more than zero to four days per week, according to the schedule and with such exceptions, as may be set forth in the council resolution declaring such drought.

(Ords. 24600, 29555, 29556.)

Upon adoption by the City Council of a resolution declaring a twenty-five percent or greater water shortage, no person shall cause, permit or allow filling or re-filling ornamental lakes or ponds with potable water, except to the extent needed to

After adoption by the city council of a resolution declaring a twenty-five percent or greater water shortage, it shall be unlawful for any person to:

• A. Use potable water, to clean sidewalks, driveways, patios, decks, tennis courts, parking lots or any other exterior paved or hard-surfaced areas, except by the use of a bucket or pursuant to a prior approved written exception from the director.

• B. Use potable water, to clean the exterior of any building or structure, except as surface preparation for the application of any architectural coating, or in connection with waxing, except by the use of a bucket or pursuant to a prior approved written exception from the director. For

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§ 15.10.340

purposes of this section, "structures" includes mobile homes and manufactured homes.

(Ords. 24600, 28597.)

After the adoption by the city council of a resolution declaring a twenty-five percent or greater water shortage, it shall be unlawful for any person to operate any decorative fountain with potable water unless such decorative fountain is recirculating, non- misting and fully lined. (Ords. 24600, 28597.)

• A. Upon adoption by the city council of a resolution declaring a forty percent or greater water shortage no owner or manager or other person responsible for the day-to-day operation of any premises shall fail to initiate repair of any leaking, broken or defective water pipes, faucets, plumbing fixtures, other water service appliances, sprinklers, watering or irrigation systems within forty eight hours after the owner, manager or other responsible person knew or should have known of such leaks, breaks or defects.

• B. Upon adoption by the city council of a resolution declaring a forty percent or greater water shortage no owner or manager or other person responsible for the day-to-day operation of any premises shall fail to complete repair of any leaking, broken or defective water pipes, faucets, plumbing fixtures, other water service appliances, sprinklers, watering or irrigation systems, as soon as practical after initiation of such repair.

overhead irrigation system unless the overhead irrigation system is disconnected, removed or converted to drip irrigation as defined in Section 15.11.340 of Part 2 of Chapter 15.11 of this Title 15, except for:

• A. Installation of drought-tolerant or native plants, or plants or trees grown for consumption; or

• B. Installation that has been commenced prior to the date of the council resolution declaring the thirty percent water shortage pursuant to a development permit or building permit for which a landscape documentation package has been submitted to the city; or

• C. Installation on a project for which a development permit application has been filed prior to the date of the council resolution declaring the thirty percent water shortage, and which is located in an employment lands area, as designated in the City of San José Envision 2040 General Plan or subsequent equivalent document.

• (Ords. 24600, 29555, 29556.)

After adoption by the city council of a resolution declaring a thirty percent or greater water shortage, it shall be unlawful for any person, except a water company for the purpose of necessary hydrant or water distribution system maintenance, or under the direction of the city's fire chief for firefighting or fire sprinkler maintenance, to use or allow the use of any water or flushing of any water from any fire hydrant.

(Ord. 24600.)

• (Ord. 28597.)

After adoption by the city council of a resolution declaring a thirty percent or greater water shortage, it shall be unlawful for any person to install new outdoor landscaping, or plantings, during the months of May through October in an area with an

Editor’s note— Ord. 29555, § 4, adopted April 21, 2015, repealed § 15.10.370, which pertained to prohibition on landscape irrigation and derived from Ords. 24600, 28597. Section 15.10.370 was also subsequently repealed by Ord. 29556, § 4, adopted May 5, 2015.

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§ 15.10.410

After adoption by the city council of a resolution declaring a forty percent or greater water shortage, it shall be unlawful for any person to fill any swimming pool, fountain or spa. (Ord. 24600.)

• A. Any person seeking an exception to the use of potable water under any provision of this chapter shall file a written request for exception on a form provided by the city, documenting the reasons why there is no other alternative to the use of potable water for the specified purpose, and why no other source of water, such as reclaimed water or water from dewatering operations, can be used.

• B. Any request for exception filed under this section shall be accompanied by an exception review fee. The amount of the exception review fee shall be as set forth in the schedule of fees established by resolution of the city council.

• C. No request for an exception shall be accepted for review until the fee has been paid.

• D. Requests for exceptions shall be filed with the director of environmental services, except that requests under Section 15.10.260 shall be filed with the director of public works.

• E. No exception shall be granted unless the director of the department with which it is required to be filed determines that there is no other alternative to potable water reasonably available for the specified purpose, and that no other source of water, such as reclaimed water or water from dewatering operations, can reasonably be used.

• F. The directors of environmental services and public works are authorized to promulgate joint guidelines for determining when other alternative sources of water will be considered reasonably available.

• (Ord. 24600.)

Whenever the director provides placards or decals to businesses for use in compliance with this

chapter, the director shall first collect from such businesses a fee as set forth in the schedule of fees adopted by resolution of the city council. (Ord. 24600.)

Part 4

WATER MANAGEMENT

Sections:

15.10.400 Landscape irrigation audit required.

• 15.10.410 Certificate in lieu of landscape irrigation audit.

• 15.10.420 Format and filing of audits and certificates.

• 15.10.430 Due date for audits and certificates.

The owner of any property that is subject to the requirements of Chapter 15.11 of this Code, and any owner of property having a landscaped area (as defined in Section 15.11.126) of one acre or more, including golf courses, green belts, common areas, multifamily housing, schools, businesses, parks, cemeteries, and publicly owned landscapes, shall cause a landscape irrigation audit of the property to be performed at least every five years. (Ord. 24600.)

• A. If a landscaped area is using no more than twenty-two and one-half gallons of water per year per square foot, in lieu of an audit, the owner of the property may file a certificate, under penalty of perjury, stating that the area is using no more than twenty-two and onehalf gallons of water per square foot per year.

• B. The certificate shall be supported by a calculation of the average annual water usage for the area, based on water bills, covering at least one year, and no more than five years, imme-

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§ 15.10.410

diately preceding the date on which a landscape irrigation audit would otherwise be due. (Ord. 24600.)

Landscape irrigation audits and certificates shall be filed with the director. The form of the audit and certificate and the information and data to be provided thereby shall be as prescribed by the director.

(Ord. 24600.)

• A. For landscaped areas in existence on January 1, 1993, landscape irrigation audits shall be due on June 1, 1998, and every five years thereafter.

• B. For landscaped areas installed after January 1, 1993, audits shall be due sixty-six months after installation of the landscaped area, and every five years thereafter.

• (Ord. 24600.)