Santa Ana Municipal Code § 39-99 Permanent water conservation requirements—Prohibition against water waste

(a) The provisions of this article apply to any customer, person, and property using water provided by and/or used within the city.

(b) The provisions of this article do not apply to uses of water necessary to protect public health and safety or for essential government services, such as police, fire, and other similar emergency services.

(c) The provisions of this article do not apply to the use of recycled water, with the exception of section 39-99, as recycled water is considered a valuable source of water.

(d) The provisions of this article do not apply to the use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale, with the exception of section 39-99.

(e) The provisions of this article do not apply to the use of water from private wells, with the exception of section 39-99.

(f) This article is intended solely to further the conservation of water. It is not intended to implement any provision of federal, state, or local statutes, ordinances, or regulations relating to protection of water quality or control of drainage or runoff.

(Ord. No. NS-3016, § 2, 4-5-22)

(a) Under Water Code Section 10632.1, the city is required to submit a water shortage assessment "report" to the California Department of Water Resources by July 1 of each year.

(b) The city will follow a written decision-making process defined in the Water Shortage Contingency Plan (WSCP) to assess water supply reliability on an annual basis.

(c) The executive director of public works will determine if a water shortage exists based on the water shortage criteria and levels defined in the WSCP.

(d) In the event a water shortage is triggered according to the procedures and conditions defined in the adopted WSCP, the city council shall make findings of water supply shortage and declare the applicable water conservation phase by resolution. The implemented phase of the water supply shortage shall be in effect until the city council declares that the water supply shortage has ended or until another phase has been implemented.

(e) The public will be informed of the shortage according to the procedures and protocols for communication identified in section 39-98 of this article.

(f) Subject to subsequent ratification by the city council, when the executive director of public works determines that a sudden event has, or threatens to, significantly diminish the reliability or quality of the city's water supply, the executive director of public works may declare a catastrophic water supply shortage and impose emergency water allocation or conservation actions as deemed necessary, in the executive director of public works' professional judgment, to protect the reliability and quality of the city's water supply, until the emergency passes or the city takes other action.

(Ord. No. NS-3016, § 2, 4-5-22)

Upon declaration of a water shortage, the city will inform all relevant stakeholders, such as customers, the public, interested parties, and local, regional, and state governments, of the effective date of the water shortage response actions associated with the relevant level according to the communication procedures identified in the city's WSCP, including:

(a) Any current or predicted shortages as determined by the annual water supply and demand assessment.

(b) Any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment.

(c) Any other relevant communications.

(Ord. No. NS-3016, § 2, 4-5-22)

The following water conservation requirements are effective at all times and are permanent. Violations of this section will be considered waste and an unreasonable use of water. Noncompliance with restrictions on water waste shall be subject to an administrative citation.

(a) Watering of a lawn, landscape or other vegetated area between the hours of 8:00 a.m. and 6:00 p.m. is prohibited. Hand-held water cans, buckets, or similar containers reasonably used to convey water for irrigation purposes are not subject to these time restrictions. Similarly, a hand-held hose equipped with a fully functioning, positive self-closing water shut-off nozzle, may be used during the otherwise restricted period. If necessary, and for very short periods of time, for the express purpose of adjusting or repairing a landscape irrigation system, one may operate a landscape irrigation system during the otherwise restricted period.

(b) Washing down sidewalks, walkways, driveways, parking areas, or other hard or paved surfaces is prohibited, except to alleviate safety or sanitary hazards using a handheld container, hose with an automatic shut-off device, or a low-volume high-pressure cleaning machine that recycles used water.

(c) Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff from the property onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited.

(d) The use of water to irrigate outdoor landscapes during or within forty-eight (48) hours after measurable rainfall is prohibited.

(e) Using water to wash or clean a vehicle, including, but not limited to, any automobile, truck, van, bus, motorcycle, boat or trailer, is prohibited, except by use of a hand-held bucket or hand-held hose equipped with a positive self-closing device or water shut-off nozzle. This subsection does not apply to any commercial car washing facility.

(f) The use of water to clean, fill, or maintain levels in decorative fountains, ponds, lakes, or other similar aesthetic structures, unless such water is part of a re-circulating system, is prohibited. The only exceptions shall be a water feature currently listed in the National Register of Historic Places, where water use is deemed necessary for the integrity of the feature, or a water feature that has been issued a waiver from the city.

(g) All leaks, breaks, or other malfunctions in the water user's plumbing, irrigation or distribution system must be repaired within seventy-two (72) hours, unless other arrangements are made with the city.

(h) No restaurant, hotel, café, cafeteria or other public place where food is sold, served or offered for sale shall serve drinking water to any customer unless expressly requested.

(i) Hotels, motels and other commercial lodging establishments must provide customers the option to opt out of towels and linen laundering service. Commercial lodging establishments must prominently display notice of this option in each bathroom using simple and easily understood language.

(j) Food preparation establishments such as restaurants or cafes are prohibited from using non-water efficient kitchen pre-rinse spray valves.

(k) Installation of single pass cooling systems is prohibited in any new or remodeled buildings.

(l) Commercial car wash system: Effective on January 1, 2012, all commercial conveyor car wash systems must have installed operational re-circulating water systems or must have secured a waiver of this requirement from the city.

(m) Installation of non-recirculating water systems is prohibited in new commercial conveyor car wash and new commercial laundry systems unless a waiver from the city has been obtained.

(n) Watering or irrigation with a device that is not continuously attended is limited to fifteen (15) minutes per day per valve. Low flow drip type systems, water efficient stream rotor systems, and sensor/weather-controlled systems are exempt.

(o) Any new planting should be performed with drought tolerant plants, as listed in the Metropolitan Water District of Southern California's list of California friendly plants.

(p) Irrigating ornamental turf on public street medians is prohibited.

(q) Use a shutoff nozzle on hoses is required at all times.

(r) Unauthorized use of hydrants is prohibited. Authorization for use must be obtained from the city.

(Ord. No. NS-3016, § 2, 4-5-22)

The city's Water Shortage Contingency Plan defines six (6) water supply shortage levels corresponding to progressive ranges of up to ten (10), twenty (20), thirty (30), forty (40), and fifty (50) percent shortages and a greater than fifty (50) percent shortage.

The city council by resolution shall require or impose reductions in the use of water if such reductions are necessary in order for the city to comply with water use restrictions imposed by federal, state or regional water agencies, or to respond to local or regional water shortage conditions and emergencies, as defined in the city's Water Shortage Contingency Plan. Depending on the expected duration and severity of the shortage, these measures may include, but are not limited to, some or all of the water conservation management measures listed for each of the six (6) water supply shortage levels listed below and in the WSCP, which shall take effect upon declaration by the city council. In an emergency, the executive director of public works may make the declaration, which will be ratified by the city council at a subsequent meeting.

During each elevated water supply shortage level, the water conservation/demand management measures will include the permanent water conservation requirements and the water conservation management measures of the previous level(s). Each level is intended to be more restrictive than the previous level(s). The city may implement other prohibited water uses as determined by the city, after notice to customers.

(a) Water Shortage Level 0.

Water shortage level 0 exists during periods when the city anticipates no supply reductions. City's permanent water conservation requirements (section 39-99) are in place at all times to prevent waste and unreasonable use of water.

(b) Water Shortage Level 1.

Water shortage level 1 exists when the city determines, in its sole discretion, that due to drought or other water supply restrictions, a water supply shortage exists and a consumer demand reduction of up to ten (10) percent is necessary to make more efficient use of water and appropriately respond to existing water restrictions. In addition to the permanent water conservation requirements, the demand reduction actions provided in the most recent WSCP apply, including, but not limited to:

(1) Watering of a lawn, landscape or other turf areas between the hours of 6:00 a.m. and 6:00 p.m. is prohibited, except by use of hand-held device, hose equipped with an automatic shutoff device, or for adjusting or repairing an irrigation system for short periods of time.

(2) All leaks, breaks, or other malfunctions in the water user's plumbing, irrigation or distribution system must be repaired within seventy-two (72) hours of notification by the city, unless other arrangements are made with the city.

(3) All non-essential water use for public entities shall cease.

(c) Water Shortage Level 2.

Water Shortage Level 2 exists when the city determines, in its sole discretion, that due to drought or other water supply restrictions, a water supply shortage exists and a consumer demand reduction of eleven (11)—twenty (20) percent is necessary to make more efficient use of water and appropriately respond to existing water restrictions. In addition to the above-mentioned requirements and Permanent Water Conservation Requirements, the demand reduction actions provided in the most recent WSCP apply, including, but not limited to:

(1) All leaks, breaks, or other malfunctions in the water user's plumbing, irrigation or distribution system must be repaired within forty-eight (48) hours of notification by the city, unless other arrangements are made with the city.

(2) Irrigation shall be limited to two (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.

(3) Filling or re-filling ornamental lakes is prohibited. Ornamental lakes and ponds that sustain aquatic life of significant value and were actively managed prior to the shortage declaration are exempt.

(4) Subject to applicable law, the city may impose drought rates and surcharges if deemed necessary.

(5) The city may reduce potable water allocations in all categories to meet the available water supply.

(d) Water Shortage Level 3.

Water shortage level 3 exists when the city determines, in its sole discretion, that due to drought or other water supply restrictions, a water supply shortage exists and a consumer demand reduction of twenty-one (21)—thirty (30) percent is necessary to make more efficient use of water and appropriately respond to existing water restrictions. In addition to the above-mentioned requirements and permanent water conservation requirements, the demand reduction actions provided in the most recent WSCP apply, including, but not limited to:

(1) Decorative water features that use potable water must be drained and kept dry.

(2) Car washing is only permitted using a commercial car wash that recirculates water or by high-pressure/low-volume wash systems.

(3) Any new construction will be required to submit a water use plan to the city that addresses the impacts to the existing water users and how they will be mitigated (such as dust control, etc.).

(4) Except for landscapes watered with non-potable water, the installation of new landscaping is limited to drought tolerant trees, shrubs and groundcovers. Installation of new turf or hydroseed is prohibited. Customers may apply for a waiver to irrigate during an establishment period for the installation of new turf or hydroseed.

(5) Turf irrigation shall be limited to 2 days per week when using potable water. Plant containers, trees, shrubs and vegetable gardens may be watered additional days using only drip irrigation or hand watering.

(e) Water Shortage Level 4.

Water shortage level 4 exists when the city determines, in its sole discretion, that due to drought or other water supply restrictions, a water supply shortage exists and a consumer demand reduction of thirty-one (31)—forty (40) percent is necessary to make more efficient use of water and appropriately respond to existing water restrictions. In addition to the above-mentioned requirements and permanent water conservation requirements, the demand reduction actions provided in the most recent WSCP apply, including, but not limited to:

(1) Irrigation shall be limited to one (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.

(2) Existing pools shall not be emptied and refilled using potable water, unless required for public health and safety purposes.

(3) No new permits for pools will be issued.

(4) No new landscape installations or renovations will be permitted.

(5) Previous waivers for watering during an establishment period will be revoked.

(f) Water Shortage Level 5.

Water shortage level 5 exists when the city determines, in its sole discretion, that due to drought or other water supply restrictions, a water supply shortage exists and a consumer demand reduction of forty-one (41)—fifty (50) percent is necessary to make more efficient use of water and appropriately respond to existing water restrictions. In addition to the above-mentioned requirements and permanent water conservation requirements, the demand reduction actions provided in the most recent WSCP apply, including, but not limited to:

(1) All leaks, breaks, or other malfunctions in the water user's plumbing, irrigation or distribution system must be repaired within twenty-four (24) hours of notification by the city, unless other arrangements are made with the city.

(2) All irrigation is prohibited.

(3) Watering for agricultural or commercial nursery purposes is prohibited.

(4) Watering of all golf course areas is prohibited.

(5) Watering of parks, school grounds and recreation fields is prohibited, except for rare plant or animal species.

(6) No new potable water service connections will be permitted.

(7) Water use is only permitted for public health and safety purposes.

(g) Water Shortage Level 6.

Water shortage level 6 exists when the city determines, in its sole discretion, that due to drought or other water supply restrictions, a water supply shortage exists and a consumer demand reduction of greater than fifty (50) percent is necessary to make more efficient use of water and appropriately respond to existing water restrictions. In addition to the above-mentioned requirements and permanent water conservation requirements, the demand reduction actions provided in the most recent WSCP apply, including, but not limited to:

(1) Water can only be used for public health and safety purposes. Customer rationing may be implemented.

(2) Water usage for air conditioning is prohibited.

(3) The city may shut off all non-essential water services.

(4) Water for commercial manufacturing or processing purposes shall be reduced in volume by up to fifty percent (50) or more if necessary for public health and safety purposes.

(5) The City of Santa Ana may discontinue service to consumers who willfully violate any water conservation provisions.

(Ord. No. NS-3016, § 2, 4-5-22)

The city's water supply shortage levels are aligned with the state water supply shortage levels and therefore comply with Water Code Section 10632(a)(3) as may be updated from time to time.

(Ord. No. NS-3016, § 2, 4-5-22)

The city council is authorized to require or impose reductions in the use of water by resolution if such reductions are necessary to comply with water supply shortage conditions as defined in the city's Water Shortage Contingency Plan.

(Ord. No. NS-3016, § 2, 4-5-22)

(a) Waiver. If, due to unique circumstances, a specific requirement of this article would result in undue hardship to a person using water or to property upon which water is used, then the person may apply for a waiver from the requirements as provided in this section. Unless specified otherwise at the time a waiver is approved, the waiver will apply to the subject property during the period of the mandatory water supply shortage condition.

(1) Application for a waiver. Application for a waiver must be on a form prescribed by the executive director of the public works agency, or his or her designee.

(2) Supporting documentation. The written application shall be accompanied by photographs, maps, drawings, or other pertinent information as applicable, including a written statement of the applicant.

(3) Required findings for waiver. Based on the information and supporting documents provided in the application, additional information provided as requested, and water use information for the property as shown by the records of the city, the executive director of the public works agency, or designee, in making the waiver determination, will take into consideration the following:

(A) That the waiver does not constitute a grant of special privilege inconsistent with the limitation upon other city water service customers;

(B) That because of special circumstances applicable to the property or its use, the strict application of this article would have a disproportionate impact on the property or use that exceeds the impacts to water service customers generally;

(C) That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the city to effectuate the purpose of this article and will not be detrimental to the public interest;

(D) That the condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent or general in nature; and

(E) That no person shall be given relief on appeal for hardship unless the water service customer has installed water saving devices, as determined by the city, and made every reasonable effort to reduce water use.

(b) Approval authority. The executive director of the public works agency, or designee, will act upon any completed application after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver will be promptly notified in writing of the action taken. The decision of the executive director of the public works agency, or designee, is final.

(Ord. No. NS-3016, § 2, 4-5-22)

Noncompliance with restrictions on water waste shall be subject to an administrative citation. The penalties set forth in this section shall be additional to those penalties provided in any other section of this Code. The penalties for failure to comply with any of the prohibited use provisions of this article shall be as follows:

(a) First violation: The city shall issue a written notice pursuant to section 39-105.

(b) Second violation: A second violation within one (1) year from the date of the first violation is punishable by a fine of two hundred fifty dollars ($250.00).

(c) Third and subsequent violation(s): A third violation within one (1) year from the date of the first violation and any subsequent violation is punishable by a fine of five hundred dollars ($500.00) per notice. In addition to the fine and at the discretion of the executive director of public works, or his or her designee, the city may implement one (1) or more of the following:

(1) Water flow restrictor device: The city may install a water flow restrictor device of approximately one (1) gallon per minute.

(2) Termination of service: Subject to applicable law, the city may disconnect and/or terminate a customer's water service for a willful violation of mandatory restrictions in this article.

(3) Cost of restricting flow or disconnecting service: A person that violates this article is responsible for payment of the city's charges for disconnecting and/or reconnecting service. All associated costs and fines must be paid in full prior to service restoration. Nonpayment will be subject to the same remedies as nonpayment of basic water rates.

(4) Separate offenses: Each day that a violation of this article occurs is a separate offense.

(Ord. No. NS-3016, § 2, 4-5-22)

(a) If any person fails or refuses to comply with this article, the executive director of public works, or his or her designee, shall provide that person with written notice of the violation and an opportunity to correct the noncompliance. The written notice shall:

(1) Be posted or presented at the site of the noncompliance;

(2) State the time, date, and place of violation;

(3) State a general description of the violation;

(4) State the means to correct the violation;

(5) State a date by which correction is required; and,

(6) State the possible consequences of failing to correct the violation.

(b) The city will issue a notice of violation by mail or personal delivery to the address of the violation, to the party who is billed for the water, or to the owner of the property, as appropriate at least ten (10) calendar days before taking enforcement action. Such notice must describe the violation and the date by which corrective action must be taken.

(c) Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the city may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared water shortage level condition.

(Ord. No. NS-3016, § 2, 4-5-22)

In order to ensure compliance with state reporting requirements and customer compliance, the city will ensure to collect, track, and analyze relevant data per the procedures defined in the WSCP.

(Ord. No. NS-3016, § 2, 4-5-22)

To ensure that water shortage risk tolerance is adequate and appropriate water shortage mitigation strategies are implemented, the WSCP will be reviewed and evaluated as defined by the procedures identified in the WSCP as needed.

(Ord. No. NS-3016, § 2, 4-5-22)