St. Helena Municipal Code Art. 2 Water Shortage Emergencies, Drought and Water Conservation

At any time that the city council finds and determines that a water shortage emergency condition exists within the criteria of Sections 13.04.230 through 13.04.250, and that it is necessary to limit usage by the customers of the municipal water department, the city council shall adopt a resolution setting forth the applicable phase. As soon as is practicable after adoption of such resolution, the city clerk shall cause to be published at least once, in a newspaper of general circulation published and circulated in the city, a notice declaring the establishment of such regulatory phase. Such notice shall set forth the limitations of water use applicable to the particular phase being established and shall further declare that violations of such limitations are punishable in accordance with the provisions of Sections 13.04.230 and 13.04.310. The establishment of a particular phase shall be completed and effective as described in the resolution adopting the water shortage phase.

Whenever the cumulative rainfall for the current water year (beginning November 1st) is less than the median amount for the same time period, the director of public works or designee shall report at least monthly to the city council and recommend whether the city should enter into a water shortage phase, and if so, which phase is recommended.

At any time the state of California may require the city to conform with emergency drought regulations. Notwithstanding any other provisions of this article, the city council may, at the recommendation of the director of public works, activate a water shortage phase as a means of compliance with emergency drought regulations adopted by the state. (Ord. 16-13 § 5 (Att. 6); Ord. 15-5 § 1; Ord. 11-7; Ord. 02-7A § 1; prior code § 18.23)

St. Helena has limited water resources and has adopted both required and encouraged conservation measures. All customers shall comply with all mandatory water use efficiency requirements within this chapter for water conservation. Any customer who fails to comply with the mandatory water conservation measures shall immediately stop the water waste by installing the appropriate water-saving devices in their plumbing, appliances, or improvements, or take other such actions as directed by the city to bring about full compliance.

• A. All persons are encouraged to use the following water use efficiency guidelines to minimize water waste:

  1. Establish procedures in the home and business to recycle water;

  2. Install water-saving devices in existing facilities including low flow showerheads, faucet aerators, ULF (ultra low flush) toilets, and WaterSense certified (or successor certification) appliances;

  3. Refrain from additional irrigation and unnecessary use of water, such as car washing, when the temperature exceeds ninety (90) degrees Fahrenheit;

4. Limit the expansion or installation of new water-using appliances, plumbing or improvements, such as lawns, landscaping, pools, sprinkler irrigation systems, wash-down equipment, larger washing machines or garbage disposal units. In the event that a new water-using appliance is necessary, installation of water efficient devices are encouraged;

5. All schools, social and professional groups, churches, etc., should discuss water conservation as a regular agenda item and forward worthwhile suggestions to the department for consideration and implementation;

6. Limit irrigation of potable water to landscaping between the hours of eight a.m. and eight p.m.; and

7. All sites with irrigated landscapes or gardens are encouraged to establish the following irrigation practices:

   • a. Turn off irrigation systems during the off-peak season (November through April) as defined in Section 13.04.080;

   • b. Reduce the amount of time for all outdoor irrigation.

B. Mandatory Conservation Measures. The following water conservation prohibitions and limitations are required by all persons:

1. The application of potable water to any driveway or sidewalk is prohibited, unless the person proposing such application of potable water documents to the director of public works’ satisfaction that application is necessary to abate a condition constituting a public health hazard.

2. Using a hose that dispenses potable water to wash a motor vehicle is prohibited, unless the hose is fitted with a shut-off nozzle.

3. Customers shall install new landscaping in existing or new development that is water efficient within the meaning of the state’s water efficient landscape ordinance.

4. Using potable water to water outdoor landscapes in a manner that causes runoff to adjacent property, nonirrigated areas, private and public walkways, roadways, parking lots or structures is prohibited.

5. Using potable water in a fountain or decorative water feature is prohibited, unless the water is part of a recirculating system.

6. Withdrawing water from fire hydrants, except for firefighting, firefighting training, and water system maintenance purposes, is prohibited.

7. Use of potable water for grading, dust control, street, pipeline or similar construction is prohibited.

8. The application of potable water to outdoor landscapes during and up to forty-eight (48) hours after measurable rainfall is prohibited.

9. No person shall use potable water to irrigate ornamental turf on public street medians.

10. Restaurants, hotels, cafes, cafeterias, bars or other public places where food or drink is served and/or purchased shall supply water to patrons only upon request.

11. Operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily. The hotel or motel shall prominently display notice of this option in each bathroom using clear and easily understood language.

12. All projects for which the planning department requires approved landscape plans must adhere to the city’s xeriscape standards or the state’s Model Water Efficient Landscape Ordinance, whichever is stricter, in order to obtain plan approval.

13. Any new water connection for new development must offset new demand by an amount of water equal to the new demand on the city water system using the methodology defined in Section 13.12.030. The offset must be clearly demonstrated, to the satisfaction of the director of public works. (Ord. 16-13 § 5 (Att. 6))

• A. The criteria for establishing Phase I shall be any or all of the following:

  1. The supply/usage balance, as calculated at the beginning of the fiscal year, is in deficit;

  2. The volume of water to be delivered by the city of Napa in any fiscal year will not exceed four hundred (400) AF;

  3. The volume of water anticipated to be available prior to the next May 1st, as determined by the director of public works based on a reasonable projection of the rainfall for the next rainy season, is not sufficient to meet projected demand through May 1st without demand reduction measures being implemented; or

  4. Conditions requiring the establishment of a Phase II water emergency, as determined by the director of public works, appear to be imminent.

• B. During the Phase I water emergency, the following mandatory conservation measures by customers of the department shall be enforced by the department and publicized by the city:

1. All customers must be in compliance with all water conservation requirements of Section 13.04.221(B) (Water Conservation). If a customer is found to be out of compliance with any part of Section 13.04.221 or provisions of these water shortage emergency requirements, the customer must immediately stop the water waste by installing the appropriate water-saving devices in their plumbing, appliances, or improvements, or take other such actions to bring about full compliance.

2. All customers are prohibited from expanding or installing landscaping or appliances that will increase the overall water use of the property. Replacement of existing appliances, landscaping, plumbing, or improvements shall be allowed only if the change can be documented to the satisfaction of the director of public works to result in more efficient water-using fixtures or systems.

3. Customers shall cease the operation of air-cooling outdoor misting systems using treated water supplied by the city, unless on a timer.

4. Outdoor irrigation of ornamental landscapes or turf with potable water is limited to no more than two days a week. The director of public works shall specify the two days per week in accordance with the needs of any geographical area within the city.

5. No person shall use potable water to irrigate landscaping between the hours of eight a.m. and eight p.m.

6. Irrigation with potable water of landscapes outside of newly constructed homes and buildings shall be in a manner consistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development. If irrigation systems are installed as a part of new development, they shall be drip or microspray irrigation systems or a system determined by the director of public works or designee to be more efficient.

7. Draining and refilling of swimming pools shall be permitted only as needed for the purpose of pool repair or to correct a severe chemical imbalance. Draining and refilling of decorative ponds and lakes shall be permitted only as needed for the purpose of lining the bottom to prevent absorption.

8. All new or replacement industrial and commercial clothes washers shall be high efficiency as defined by the U.S. Environmental Protection Agency. All new or expanded car washing facilities shall include watersaving methods.

9. In accordance with Section 864 of Title 23 of the California Code of Regulations or any successor regulation, the taking of any action prohibited in this subsection B, in addition to any other applicable civil or criminal penalties (including the penalties set forth in Sections 13.04.230 and 13.04.310), is an infraction, punishable by a fine of up to five hundred dollars ($500.00) for each day in which the violation occurs.

• C. During the Phase I water emergency, the following actions shall be carried out by the city:

  1. The city shall notify customers that one or more of the criteria for Phase I has been met, and shall identify and explain in sufficient detail each criterion that forms a basis for establishing a Phase I water emergency.

  2. The city shall notify customers of the water usage allocation for each account that would be allowed under a Phase II water emergency if a Phase II water emergency appears to be imminent.

3. The city shall advise customers of the Phase I water shortage and of restrictions and opportunities for exception permits that are available under Section 13.04.280 if a Phase II water emergency appears to be imminent.

4. Any applicant for, or holder of, a building permit for construction that may be affected by the existence of this or future water emergency phases shall be informed of the impact of such phases, but lack of such notice shall not permit a new water connection that is otherwise prohibited.

5. The city shall not issue permits for construction of any new swimming pool unless the pool is to be supplied with water other than treated water supplied by the city. Customers are encouraged to fill existing pools from water other than treated water.

6. If a Phase II water emergency appears to be imminent, the city shall make plans for implementation of a water shortage disaster plan, which shall include provisions for:

   • a. Emergency water stations;

   • b. Acquisition of private property under the right of eminent domain, with immediate possession to alleviate the emergency; and

• c. Application for relief assistance from county, state, and federal sources.

7. The city council shall give notice to any customer that has a terminable contract with the department (whereby the department is the supplier) that such contract will be terminated upon implementation of Phase III by the city council.

8. If the declaration of a Phase II emergency appears reasonably imminent, the city council shall cause a water advisory board to be formed consisting of one city council member, one planning commissioner, one winery customer, and two public members, one of whom shall be solely a residential customer. The director of public works shall be an ex officio member of this board. Unless the city council otherwise directs, the board will disband when the water emergency is no longer in effect. The water advisory board shall have access to all records in the possession of the water enterprise necessary in its judgment to perform its duties, including customer records. The board shall maintain the confidentiality of individual customer records unless the board determines by resolution that release of such information is necessary in the pursuit of its duties.

• D. In addition to the mandatory measures defined in subsection B of this section, customers of the department and members of the community are encouraged to do the following:

  1. Reduce all indoor water use to not more than an average of seventy-five (75) gallons per person per day within the residence, including single-family residences, apartments, condominiums, townhomes, mobile homes and manufactured homes.

  2. Reduce indoor water use in the work place and commercial establishments by a minimum of ten percent (10%) from customary consumption.

  3. Eliminate or defer all nonessential water use such as topping off swimming pools.

  4. All schools, social and professional groups, churches, etc., are encouraged to discuss water conservation as a regular agenda item and to forward worthwhile suggestions to the department for consideration. (Ord. 21-4 § 2; Ord. 16-13 § 5 (Att. 6); Ord. 15-5 § 1; Ord. 14-11 § 3 (Exh. A); Ord. 14-9 § 5 (Exh. A); Ord. 11-7; Ord. 02-7A § 1; prior code § 18.23.1)

• A. The criteria for establishing Phase II shall be:

  1. The volume of water anticipated to be available prior to the next May 1st from all potable water sources, as determined by the director of public works based on a reasonable projection of the rainfall for the next rainy season, is not sufficient to meet the projected demands through May 1st without demand reduction measures beyond the Phase I reductions being implemented; or

  2. Conditions requiring the establishment of a Phase III water emergency appear imminent.

  3. In assessing the need to impose Phase II restrictions, due weight shall be accorded to the trigger system developed by the safe yield committee for use by the director of public works. The trigger system is based on water levels in Bell Canyon Reservoir, with the level necessary to trigger a water emergency being adjusted each month to reflect the supply capacity of groundwater and water to be delivered by the city of Napa at that time. Details of the system can be obtained from the director of public works.

• B. All mandatory and voluntary measures established by Section 13.04.221, Water Conservation, and Phase I, Section 13.04.230(B), (C) and (D) shall be included in Phase II and publicized by the city except insofar as they are inconsistent with subsections C and D of this section.

C. The following mandatory conservation measures by customers of the department shall be enforced by the department:

1. Commercial, industrial, and institutional users other than dedicated irrigation accounts will receive an allocation per billing period which will be ten percent (10%) less than the average use during the same billing period from the three preceding nonshortage years; provided, that no commercial, industrial, or institutional user will be required to reduce usage to less than sixty (60) gallons per day. Users with no prior record of use shall be governed by comparable facilities’ usage records as determined by the department. Commercial, industrial, and institutional customers with irrigation and domestic use provided by the same water meter may receive an additional landscape allocation of up to seventy (70) gallons per day per thousand (1,000) square feet of landscaped area during April through October by documenting the landscaped square footage served by city water to the satisfaction of the director of public works. For purposes of landscape allocation, the April allocation period will begin on the date the water meter is read in April, and the October allocation period will end on the date the water meter is read in November. Landscape allocations are provided for established nonturf plants only.

2. Residential users in the single-family residential, multifamily residential, mobile home and manufactured homes customer classes will receive an allocation per billing period which will be limited to sixty-five (65) gallons per person per day. Single-family residences will receive an additional twenty-five hundred (2,500) gallons per month from April through October for landscape irrigation. Multifamily residential, mobile home and manufactured homes customers may receive a landscape allocation of up to seventy (70) gallons per day per thousand (1,000) square feet of landscaped area during April through October by documenting the landscaped square footage served by city water to the satisfaction of the director of public works. For purposes of landscape allocation, the April allocation period will begin on the date the water meter is read in April, and the October allocation period will end on the date the water meter is read in November.

   3. For a lawn, landscaping, vineyard or field watered or irrigated through a meter dedicated to that use, usage shall be limited to sixty percent (60%) of current reference evapotranspiration as established in the California Model Water Efficient Landscape Ordinance (MWELO) or successor regulations.

   4. No new water connections shall be permitted during a Phase II water emergency.

• D. During the Phase II water emergency, the following actions shall be carried out by the city:

  1. The city shall notify customers of the water usage allocation for each account that would be allowed under a Phase III water emergency.

2. The department of public works shall make available, or arrange to have delivered, nonpotable water from either lower reservoir or, if permitted and available, tertiary treated wastewater to city-owned properties for irrigation purposes.

3. Nothing herein shall restrict the authority of the director of public works from imposing more severe usage restrictions on each class of water customer if circumstances so warrant. (Ord. 21-4 §§ 3, 4; Ord. 16-13 § 5 (Att. 6); Ord. 15-5 § 1; Ord. 11-7; Ord. 02-7A § 1)

• A. The criteria for establishing Phase III shall be:

  1. The volume of water anticipated to be available prior to the next May 1st from all potable water sources, as determined by the director of public works based on a reasonable projection of the rainfall for the next rainy season, is not sufficient to meet the projected demands through May 1st without demand reduction measures beyond the Phase II reductions being implemented.

  2. In assessing the need to impose Phase III restrictions, due weight shall be accorded the trigger system developed and defined by the safe yield committee for use by the director of public works. The trigger system is based on water levels in Bell Canyon Reservoir, with the level necessary to trigger a water emergency being adjusted each month to reflect the supply capacity of groundwater and water to be delivered by the city of Napa at that time. Details of the system can be obtained from the director of public works.

B. All mandatory and voluntary measures established by Section 13.04.221, Water Conservation, and Phases I and II, Sections 13.04.230(B), (C) and (D) and 13.04.240(B), (C) and (D), shall be included in Phase III and publicized by the city, except insofar as they are inconsistent with subsections C and D of this section.

C. The following mandatory conservation measures by customers of the department shall be enforced by the department:

1. Commercial, industrial, and institutional users other than dedicated irrigation accounts will receive an allocation per billing period which will be twenty percent (20%) less than the average use during the same billing period from the three preceding nonshortage years; provided, that no commercial, industrial, or institutional user will be required to reduce usage to less than fifty (50) gallons per day. Users with no prior record of use shall be governed by comparable facilities’ usage records as determined by the department. The allocation for landscape irrigation will be fifty percent (50%) of the allocation in Phase II and will be based on the same meter reading period as for Phase II. Landscape allocations are provided for established nonturf plants only.

2. Residential users in single-family residential, multifamily residential, mobile home and manufactured homes customer classes will receive an allocation per billing period which will be limited to sixty (60) gallons per person per day. The allocation for landscape irrigation will be fifty percent (50%) of the allocation in Phase II and will be based on the same meter reading period as for Phase II. Landscape allocations are provided for established nonturf plants only.

3. For a vineyard or approved field (as approved by the water advisory board) watered or irrigated through a meter dedicated to that use, the allocation shall be limited to thirty percent (30%) of current reference evapotranspiration as established in the California Model Water Efficient Landscape Ordinance (MWELO) or successor regulations, and irrigation will be allowed for established nonturf plants only.

4. All nonessential uses of water shall be prohibited. Nonessential uses shall include, but not be limited to, the following:

   • a. The use of water for irrigation of turf, lawns, or landscaping;

   • b. The refilling of swimming pools, hot tubs and spas, except as required by the fire chief for use as standby neighborhood fire protection. The fire chief shall maintain a list of such pools to be on file at the fire department.

   5. No new water connections for new development shall be permitted.

• D. During the Phase III water emergency, the following actions shall be carried out by the city:

  1. The department shall terminate all nonessential contracts which are terminable. (Ord. 21-4 §§ 5, 6; Ord. 16-13 § 5 (Att. 6); Ord. 15-5 § 1; Ord. 11-7; Ord. 02-7A § 1; prior code § 18.25)

• A. Definitions. As used in this section:

  1. “City” shall mean the city of St. Helena.

2. “Contiguous parcels” means parcels which abut, adjoin or otherwise touch each other at more than one point along a common boundary or which would do so except for separation by a strip of land over which some person or entity, other than the owner of the parcels, has some property interest, including fee title or some lesser interest, such as a leasehold or easement. Examples of such strips of land include, but are not limited to, roads, streets, utility easements, railroad rights-of-way, canals and drainage channels.

3. “Department” means the city department of public works.

4. “Director” means the city director of public works or his or her designee.

5. “Contaminated groundwater” means groundwater that has been altered by waste, seawater intrusion or other material to a degree which creates a hazard to the public health through actual or potential poisoning or through actual or potential spreading of disease.

6. “Export” means the extraction of groundwater underlying the city for use outside of the parcel from which it originates.

7. “Groundwater” means water beneath the surface of the earth within the zone below the water table in which the soil is completely saturated with water but does not include water that flows in known and definite channels.

8. “Groundwater basin” means a groundwater basin or subbasin identified and defined in Bulletin 118 or as modified pursuant to Water Code Section 10722 et seq.

9. “Person” means any person, firm, association, organization, partnership, business, trust, corporation, limited liability company, or local public agency, including any city, county, city and county, district or joint powers authority.

10. “Recharge” means flow to groundwater storage from precipitation, irrigation, infiltration from steams, spreading basins and other sources of water.

11. “Site” means any lot or parcel of land or contiguous combination thereof having the same owner, the same lessee or the same controlling entity in existence on the effective date of the ordinance codified in this chapter.

12. “Usable storage capacity” means the quantity of groundwater of acceptable quality that can be economically withdrawn from storage.

13. “Water year” means the year beginning January 1st and ending December 31st.

B. Permit. Unless otherwise exempt, during a Phase II or Phase III water emergency, no person shall export groundwater underlying the city without first obtaining a permit as provided in this section. In order to apply for a permit, the person must be in compliance with any conditional use permits or other city land use regulations applicable to the property.

• C. Exemptions. This section shall not apply to the export of groundwater in the following circumstances:

  1. To prevent the flood of lands;

2. To prevent the saturation of the root zone for agricultural land;

   3. Movement of groundwater consistent with historical practice within a parcel or between contiguous parcels having the same owner, the same lessee or the same controlling entity in existence on the effective date of this section;

3. Movement of contaminated groundwater required by compliance orders issued by local, state or federal agencies that is pumped and treated to remove contaminants that are in violation of the standards for beneficial use. The extracted and treated water may be exported without a permit if the release complies with discharge permits issued by the local, state or federal resource agencies.

D. Application for an Export Permit. An application for an export permit shall be filed with the city on a form specified by the director, which shall include all information specifically requested thereon and other information required by the director to address specific aspects of the proposed groundwater export. Information to support the requirements listed in subsection F of this section must be provided in order for the director to deem the application complete. The application for an export permit shall be accompanied by the deposit of fees for these purposes, as established by city council resolution.

• E. Procedures for Processing.

1. As determined in the judgment of the director, the director shall review the application with potentially affected city departments, with the staff of applicable state and federal agencies, with local water agencies and with any potentially affected party. In reviewing the application, the director shall consider any relevant groundwater management plan, including, without limitation, any groundwater management plan adopted pursuant to California Water Code Section 10750 et seq., or Section 10720 et seq., or any other relevant information provided by the applicant.

2. Upon completion of the export permit application review process, a public hearing before the director on the export permit application shall be noticed and conducted as follows:

   • a. Notice of Hearing. Notice of public hearing shall be given as provided in Government Code Sections 65090 and 65091, except as follows:

     • i. Content of Notice. In addition to the information required by Government Code Section 65094, the notice shall declare that the application will be acted on without a public hearing if no request for a hearing is made in compliance with subsection (E)(2)(b) of this section.

ii. Method of Notice Distribution. Notice of public hearings shall be given as provided by Government Code Sections 65090 and 65091.

iii. Additional Notice Provided. The public notice shall include mailed notice to all owners of property located within a one-mile radius of the exterior boundaries of the site from which the export is to occur.

b. Public Hearing. A public hearing on an export permit shall occur only when a hearing is requested by the applicant. This request shall be made in writing to the director no later than seven days after the date of the public notice provided in compliance with subsection (E)(2)(a) of this section. In the event that a public hearing is required, the export permit application shall be scheduled for a hearing on the date and time as defined in the public notice. Any person may provide written comments relevant to the impact of the exportation of groundwater on the groundwater resources within the city. The hearing shall be conducted under such rules as set by the director.

c. Final Decisions on Export Permit Applications. After the conclusion of public testimony in the case of a public hearing, or after the time period within which a hearing may be requested under subsection (E)(2)(b) of this section if no hearing is requested, the director shall:

• i. Announce his or her decision on the export permit application;

• ii. Announce that his or her decision is final unless appealed pursuant to subsection (E)(4) of this section.

Notwithstanding the foregoing, the director may continue the hearing to a date certain to provide additional time to evaluate information obtained at the hearing prior to a final decision.

3. The director’s decision may be appealed to the city council consistent with subsection I of this section.

   4. Notice of the director’s decision shall be mailed within five calendar days of final action to the person that has applied for the permit, any person who requested a hearing, and all other persons or entities referred to in subsection (D)(1) of this section.

• F. Evidence Required for Export Permit Approval.

1. An export permit shall be approved only if the applicant provides evidence demonstrating to the satisfaction of the director that the proposed export will not cause or contribute to significant detrimental impacts to groundwater resources within the city or on the groundwater basin from which the groundwater is exported. An application must include evidence demonstrating to the satisfaction of the director the following:

a. The proposed export will not adversely affect the long-term ability for storage or transmission of groundwater within the groundwater basin from which the groundwater is exported;

b. The proposed export will not (together with other extractions) result in chronic lowering of groundwater levels and will not result in well interference with wells owned or relied upon by others or create a cone of depression that extends beyond the applicant’s land or otherwise operate to the injury of the reasonable and beneficial uses of overlying groundwater users;

c. The proposed export will not result in, expand or significantly exacerbate groundwater quality degradation;

d. The proposed export will not result in injury to a water replenishment or recharge, storage, restoration or conveyance project;

• e. The proposed export will not result in, expand or significantly exacerbate land subsidence;

• f. The proposed export will not result in, expand, or significantly exacerbate depletions of interconnected surface water; and

g. The proposed export will not otherwise be detrimental to the environment or to the health, safety and welfare of property owners overlying or in the vicinity of the proposed exportation site.

G. Conditions of Export Permit Approval. If the export permit is to be approved, the director may impose appropriate conditions of permit issuance so as to prohibit and prevent any significant detrimental impacts to groundwater resources within the city described in subsection F of this section or other adverse conditions and may impose other conditions that the director deems necessary to promote or maintain the health, safety and welfare of the people of the city. The director may incorporate into each export permit a monitoring and/or reporting program.

H. Reapplication After Director Denial. Reapplication for an export permit which has been denied by the director may not be filed with the director until the following water year and must be accompanied with information that demonstrates a significant change in circumstances from those which caused the denial of the previous export permit application.

• I. Appeal of Director Action.

1. The applicant may appeal a decision of the director by filing a written request with the clerk of the city council within fifteen (15) days of issuance of the director’s decision. Any such appeal shall specifically set forth the procedural and substantive reasons for the appeal or be deemed incomplete and ineffectual. The clerk shall set a city council hearing within thirty (30) days of receipt of a complete request for appeal which shall be heard within ninety (90) days of notice thereof. Written notice of appeal shall be given to the director, the permit applicant, and the appellant, and the appeal hearing shall be published pursuant to Government Code Section 6061.

2. The city council shall hear the appeal de novo except where the appeal is confined to a condition imposed by the director in which event the hearing and the decision of the city council shall relate only to such condition. The appeal before the city council shall be conducted under such rules as set by the city council. At its discretion, the city council may impose conditions for approval as it finds necessary to protect the interests of the city and its citizens. The decision of the city council shall be final.

J. Review of Export Permit. The permit granted pursuant to this section shall be subject to periodic staff review in consultation with the permittee. In the event that the department determines that a material violation of the conditions of the permit has occurred, the permittee shall immediately bring itself into compliance. A determination of violation shall be in writing and include specific findings in support of the decision. A determination of violation may be appealed to the city council by the permittee using the appeal process as described in subsection I of this section.

K. Export Permit Term. Approved permits shall be valid for a term, as determined by the director, not to exceed one year from the date of issuance of the export permit. If a permittee presents information demonstrating that there has been no significant change in circumstances from those which caused the approval of the previous export permit application, the export permit may be renewed by the director for a term, as determined by the director, not to exceed one year from the date of issuance of the renewed export permit. The permittee shall submit the written request for the renewal to the director at least ninety (90) days prior to the export permit expiration date along with information as requested by the director and with the deposit of fees for these purposes, as established by city council resolution. The director shall consider the request for renewal in accordance with the procedures set forth in subsections D through G of this section. The permittee may appeal the decision of the director in the manner described in subsection I of this section. The director may renew a permit an unlimited number of times following the procedures contained herein for each renewal.

L. Inspection. After providing written notice to the permittee, the director or designee, with good cause, may at any reasonable time enter any and all places, property, enclosures and structures, for the purpose of making examinations and investigations to determine whether any provision of this section or an approved permit is being violated.

M. Notice of Violation. Upon receiving knowledge of an alleged violation of this section, the city will provide written notice of the alleged violation to the violating party. The notice shall detail the alleged violation and require the violating party to cease and desist immediately upon receipt of such notice from the alleged violating activities or within five working days prove to the city, by meeting with the director or his or her designee, that the alleged violating activities, in fact, do not violate this section, or that there are mitigating reasons surrounding the alleged violating activities. The notice shall also include details of the potential penalties for violations of this section.

N. Penalty for Violation.

1. If, within five working days, after receipt of a notice issued in accordance with subsection M of this section, the violating party has not complied with subsection M of this section, the city may elect to proceed with any or all of the following remedies for violation of this section:

   • a. Any person who exports water during water emergencies without a valid permit issued by the city in violation of this chapter is guilty of a misdemeanor for each day in which such well is used or operated in violation of this chapter. Such violation shall be punishable pursuant to Chapter 1.20.

b. Any person who knowingly makes any false statements, representation, record, report, plan or other document filed with the city, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter, shall be punished by a fine of not more than ten thousand dollars ($10,000.00) or by imprisonment in a county jail for not more than six months, or by both. The city attorney, upon order of the city council, shall petition the superior court to impose, assess, and recover such sums.

O. Limitation of Permit. Nothing contained in this section or in the conditions of an issued permit shall be construed as giving the permittee an exclusive right to groundwater extraction. Any issued permit shall not exempt, supersede or replace any requirements of federal, state, and local laws and regulations, including but not limited to California Water Code Section 10720 et seq., and California Water Code Section 1200 et seq.

P. Severability. If any section, subsection, sentence, clause or phrase of this section is for any reason held illegal, invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The city council hereby declares that it would have passed this section and each subsection, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared illegal, invalid or unconstitutional. (Ord. 21-5 § 2)

Water emergency phases shall be terminated or changed to a less critical phase in the same manner as they are established in accordance with criteria set forth in the preceding sections and at the discretion of the city council. (Ord. 16-13 § 5 (Att. 6); Ord. 15-5 § 1; Ord. 11-7; Ord. 02-7A § 1; prior code § 18.28)

A. Under a Phase II or Phase III water emergency, the director of public works shall, with such conditions as seem to him or her to be reasonable, grant exception permits in addition to any basic allocation, on application of a water customer submitted under penalty of perjury, based on the conditions defined in this section. The city may provide a process for certification of efficiency, lot size, medical condition, or efficient and essential use prior to declaration of a water shortage emergency condition which could result in a customer being prequalified for exception.

1. For any customer with an allocation based on previous water use, if it can be demonstrated to the satisfaction of the director of public works that water conservation measures beyond those required in Chapter 13.12 were in place prior to the preceding nonshortage year, an additional quantity of water may be allocated to recognize the higher efficiency in place prior to the water emergency condition.

2. For single-family residential parcels exceeding seven thousand (7,000) square feet in area, the quantity of up to twenty (20) gallons per day for each one thousand (1,000) square feet that the property area exceeds seven thousand (7,000) square feet for the purpose of maintaining mature landscape or orchard plants. For purposes of this subsection, multiple parcels maintained and fully landscaped as one property may be computed as being one parcel. An exception granted based on this subsection shall allow the use of no more than an additional two hundred fifty (250) gallons per day for this purpose.

3. For medical conditions of a resident, a quantity as required to maintain health standards.

4. For any customer with an allocation based on previous winter water use, if it can be demonstrated to the satisfaction of the director of public works that efficient and essential water uses are not represented in average winter water use, an additional quantity of water may be allocated to provide for these efficient and essential needs.

• B. The water advisory board shall meet at least monthly and may grant permits for uses of water or for exceptions to water conservation measures or for water connections otherwise prohibited by Sections 13.04.230, 13.04.240, and 13.04.250 if it finds and determines that such regulations would:

  1. Cause an unnecessary and undue hardship to the applicant or to the public;

  2. Cause an emergency condition affecting the health, sanitation, fire protection, or safety of the applicant or public; or

  3. Promote water conservation by providing for the establishment of water efficient landscaping meeting the standards of Section 17.112.140 and such policies and regulations as have been adopted to implement the provisions of that chapter, replacing more water-intensive landscaping.

• C. The water advisory board of the city shall prescribe necessary procedures for application for and use of exception permits.

D. Any decision of the director of public works in granting or denying exceptions may be appealed by the applicant or any other person to the water advisory board by filing a written appeal with the city clerk within ten (10) calendar days after the date of mailing of written notice to the applicant of the decision rendered. The water advisory board shall use its best efforts to hear and determine such appeal within twenty (20) days, and shall affirm, reverse, or modify the decision.

E. Any decision of the water advisory board may be appealed by the applicant to the city council according to the provisions of Chapter 1.16. (Ord. 16-13 § 5 (Att. 6); Ord. 15-5 § 1; Ord. 11-7; Ord. 02-7A § 1; prior code § 18.28.1)

Notwithstanding any provision of this code to the contrary, the provisions of Section 377 of the California Water Code shall be applicable to any violation of this article. Any person violating any of the provisions of this article shall be guilty of a misdemeanor. Upon conviction thereof, such person shall be punished by imprisonment in the county jail and/or fined in accordance with the penalties as set forth in the provisions of Section 377 of the California Water Code. (Ord. 16-13 § 5 (Att. 6); Ord. 15-5 § 1; Ord. 11-7; Ord. 02-7A § 1; prior code § 18.30)