San Luis Obispo Municipal Code Ch. 13.07 Water Conservation

No person shall cause or allow any water received by such person from the city water system to be wasted due to substandard, leaky or faulty water fixtures or water-using or distributing devices. (Ord. 1089 § 1, 1987)

A. No person shall cause any water delivered by the city water system to flow away from property owned, occupied, or controlled by such person in any gutter, ditch or in any other manner over the surface of the ground, so as to constitute water waste runoff.

B. “Water waste runoff” is water flowing away from property and which is caused by excessive application(s) of water beyond reasonable or practical flow rates, water volumes or duration of application, or due to faulty systems that have not been repaired within seventy-two hours of written notice from the city. (Ord. 1734 § 7, 2024; Ord. 1704 § 9, 2021; Ord. 1089 § 1, 1987)

A. When deemed necessary in the judgment of the city council to conserve water during water shortage periods, as defined by the city’s water shortage contingency plan, the city council may by resolution declare an emergency condition and enact any or all of the following which in its judgment is deemed advisable after publication of notice thereof in a newspaper of general circulation distributed in the city or after reasonable notice thereof is otherwise given by the city to users:

1. Limit irrigation within the city water service area to specified hours, a parcel-specific allocation, or prohibit irrigation entirely within the service area or any portion or portions thereof;

2. Limit all customers inside the city water service area to specified maximum usages of water for each customer classification category.

B. In order to comply with any mandatory actions required by the State Water Board or any other agency having jurisdiction over the waters of the state, the city council may by resolution limit outdoor irrigation of ornamental landscapes or turf with potable water to four, three or two days a week in accordance with the following schedules:

Four-Day a Week Schedule

Three-Day a Week Schedule

Two-Day a Week Schedule

C. In order to comply with any mandatory actions required by the State Water Board or any other agency having jurisdiction over the waters of the state, the city council may by resolution limit outdoor irrigation of ornamental landscapes or turf with potable water between the hours of 7:00 p.m. and 7:00 a.m.

Nothing in this subsection shall limit the use of non-potable water for outdoor irrigation of ornamental landscape or turf with the exception of a non-potable water shortage due to the use of non-potable water as a supplemental water supply during a water shortage emergency.

D. Public facilities that are used in a manner similar to city parks and recreation areas may be exempt from irrigation restrictions, allowed a modified irrigation schedule, or allowed turf renovation during a water shortage emergency due to community health benefits and long-term environmental impacts. These facilities include, but are not limited to, the following:

1. Emerson Field;

2. Meadow Park Field;

3. Mission Plaza Turf;

4. Santa Rosa Center Field;

5. Santa Rosa Softball Field;

6. Sinsheimer Stadium;

7. Stockton Field;

8. Throop Field;

9. Damon Garcia Sports Fields;

10. French Park;

11. Islay Hill Park;

12. Laguna Lake Park;

13. DeVaul Park;

14. Laguna Lake Golf Course; and

15. Local schools.

E. Annual turf renovation, allowed under subsection D of this section, shall include an initial germination period during which daily watering at these, and similar, facilities is allowed for a period of up to six weeks. Following renovation, these facilities will be allowed to be watered up to three days a week in order to sustain them.

F. The use of a hose equipped with a shutoff nozzle for hand watering of established trees will be exempt from irrigation restrictions.

G. Hospitals, healthcare facilities, and other businesses requiring water for the health and safety of at-risk people may apply for an exemption on a case-by-case basis. This exemption may be granted at the discretion of the utilities director or their designee.

H. Nothing in this chapter shall be deemed to allow the use of potable water for the irrigation of nonfunctional turf where prohibited by state law. (Ord. 1734 § 7, 2024; Ord. 1704 § 10, 2021; Ord. 1631 § 2, 2016; Ord. 1619 § 2, 2015; Ord. 1607 § 3, 2014; Ord. 1116 § 2, 1988)

If the city council adopts a resolution declaring a water shortage or any emergency in the water system as set out in Section 13.07.030, the utilities director or designee is authorized and directed to take any appropriate action which in their judgment will best conserve water during the duration of the emergency; such action may include but is not limited to the following:

A. Specify the days and/or hours during which water users may irrigate; and

B. Increase water demand reduction, public outreach and water allotment programs, and impose system and operational changes as necessary;

C. Notify owner or owners of property in writing of leaks in the water line on their private property and require repair of such leaks within forty-eight hours after such notification. During a water shortage or for significant leaks, the water department shall turn off the water on the property until the leak is repaired. Service will be restored after the property owner corrects the leak. (Ord. 1704 § 11, 2021; Ord. 1116 § 2, 1988)

Any person who violates any provision of this chapter is guilty of an infraction and subject to punishment as provided in Chapter 1.12 or may be cited and fined pursuant to the administrative citation provisions of Chapter 1.24. Violations may also subject the property owner or user to discontinuance of water service as provided in Sections 13.04.060 (Discontinuance of service) and 13.04.050 (Initiation of Water Service). (Ord. 1734 § 7, 2024; Ord. 1116 § 2, 1988)

The following words or phrases, whenever used in this chapter, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined within individual sections of this chapter:

A. “Base period” means that period of time over which the base water use is computed.

B. “Customer classification” refers to three categories of water users as shown in the water shortage contingency plan: single-family residential or multifamily residential, commercial and institutional, and landscape meters.

C. “Non-potable water” refers to recycled water, groundwater, gray water, or harvested rainwater as used for irrigation or other non-potable approved purposes.

D. “Functional turf” means a ground cover surface of turf located in a recreational use area or community space. Turf enclosed by fencing or other barriers to permanently preclude human access for recreation or assembly is not functional turf.

E. “Non-functional turf” means any turf that is not functional turf, and includes turf located within street rights-of-way and parking lots. Non-functional turf is solely ornamental and not regularly used for human recreational purposes or for civic or community events. (Ord. 1734 § 7, 2024; Ord. 1704 § 12, 2021; Ord. 1168 § 2, 1990; Ord. 1143 § 2, 1989)

No customer of the city shall make, cause, use or permit the use of potable water from the city for residential, commercial, industrial, agricultural, governmental or any other purpose in a manner contrary to any provision of this chapter.

A. Mandatory Water Conservation. The city will establish by resolution a mandatory water conservation program.

B. Residential Lifeline Allowance. No customer shall be surcharged or otherwise be penalized for failure to reduce water consumption below a lifeline rate as established by the city.

C. Prohibited Water Uses. In addition to any other requirements of this code, all consumers are deemed to have under their control at all times any and all water distribution lines and facilities serving the property benefited by the water service and to know the manner and extent of their water use and any runoff. The following specific uses of water are prohibited and constitute a violation of this code:

1. Use of water from fire hydrants shall not be used for any purpose other than to fight fires or for other activities where such use is immediately necessary to maintain the health, safety and welfare of the residents of San Luis Obispo.

2. Restaurants may not serve water to their customers except on specific request.

3. Potable city water shall not be used for major construction activities, such as grading and dust control, and shall not be used to wash down sidewalks, driveways, or parking areas except to alleviate immediate fire or sanitation hazards.

4. New landscaping may be restricted or prohibited during mandatory water conservation. The council shall adopt by resolution procedures to implement this section.

5. Irrigating outdoors during and within forty-eight hours following measurable rainfall.

6. The use of potable water for the irrigation of nonfunctional turf located on commercial, industrial, and institutional properties, other than a cemetery, and on properties of homeowners’ associations, common interest developments, and community service organizations or similar entities is prohibited as of the following dates:

a. All properties owned by the Department of General Services, beginning January 1, 2027.

b. All properties owned by local governments, local or regional public agencies, and public water systems, except those specified in subsection (C)(5) of this section, beginning January 1, 2027.

c. All other institutional properties and all commercial and industrial properties, beginning January 1, 2028.

d. All common areas of properties of homeowners’ associations, common interest developments, and community service organizations or similar entities, beginning January 1, 2029.

e. All properties owned by local governments, local public agencies, and public water systems in a disadvantaged community, beginning January 1, 2031, or the date upon which a state funding source is made available to fund conversion of nonfunctional turf on these properties to climate-appropriate landscapes, whichever is later.

Notwithstanding subsection (C)(6)(a) of this section, the use of potable water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial nonturf plantings, or to the extent necessary to address an immediate health and safety need. (Ord. 1734 § 7, 2024; Ord. 1395 § 1, 2001; Ord. 1168 § 2, 1990; Ord. 1143 § 2, 1989)

To encourage compliance with mandatory water conservation, there shall be a surcharge added to the water bill if a customer exceeds the established allocation amount. The city will establish by resolution the surcharge method and amount. (Ord. 1168 § 2, 1990; Ord. 1143 § 2, 1989)

The city has the authority to install a flow restrictor or terminate water service to any customer who is in violation of this code, including the failure to meet water conservation reduction requirements. Prior to the termination of a water service, the city will provide a due process hearing before the water conservation adjustment board. The criteria to install a flow restrictor or terminate water service will be established by resolution. (Ord. 1168 § 2, 1990; Ord. 1143 § 2, 1989)

The water conservation adjustment board, consisting of the directors of the city’s finance, utilities and community development departments or their designees, may grant exceptions for uses of water otherwise prohibited by Section 13.07.070. Rules and procedures for filing and hearing requests for exemptions shall be adopted by resolution of the council. Appeals may be taken from decisions of the board in the manner set forth in said resolution. (Ord. 1168 § 2, 1990; Ord. 1143 § 2, 1989)

The rights of the city under this chapter shall be cumulative to any other right of the city to discontinue service. All moneys collected by the city pursuant to the provisions of this chapter shall be deposited in the water fund as reimbursement for the city’s costs and expenses of administering and enforcing this chapter. (Ord. 1168 § 2, 1990; Ord. 1143 § 2, 1989)