Tehachapi Municipal Code Ch. 13.20 Water Conservation

Water is a precious commodity and finite resource in limited supply in southern California and especially within the city; and

The city may be coming perilously close to exceeding the safe yield of the groundwater basin available to the city; and

The city obtains the entirety of its municipal water supply from groundwater wells in the groundwater basin of the Tehachapi Valley; and

Said pumping may continue to increase to the point where the city may not be able to assure a sufficient supply of water to provide for its municipal demand without immediate change in demand or import of water; and

The Tehachapi Basin is a closed water basin dependent on the limited natural recharge and it is important to conserve these limited water resources of the Tehachapi Valley.

(Ord. 90-14-576 § 1(part), 1990)

Where static service pressure may exceed fifty pounds per square inch, a pressure- regulating valve shall be installed and maintained by the consumer in the consumer's piping between the meter and the first point of water use, and set at not more than fifty pounds per square inch when measured at the highest fixture in the structure served. This requirement may be waived if the consumer presents evidence satisfactory to the city that excessive pressure has been considered in the design of water-using devices and that no water will be wasted as a result of high pressure operation.

(Ord. 90-14-576 § 1 (part), 1990)

A. New Construction. All interior plumbing for new construction shall meet, and continue to meet, these minimum requirements:

1. Toilets shall use not more than two-and-one-half gallons of water per flush.

2. Shower heads shall use not more than two-and- one-half gallons of water per minute.

3. Kitchen and lavatory faucets shall use not more than two-and-one-half gallons of water per minute.

4. Hot water pipes shall be thermally insulated.

5. Multiple shower and lavatory installations within nonresidential facilities shall be equipped with self- closing valves, except where necessary to protect the public health and safety.

6. The manufacturer's name and model of each type of water saving fixture to be utilized shall be supplied to the building department before installation.

B. Retrofit of Existing Commercial Uses. All nonresidential water users within the city, including existing hotels, motels, other commercial and industrial uses, that undergo expansion or remodeling or any improvements that require any permit issued by the building department, shall retrofit all shower and washbasin faucet plumbing fixtures which are installed, but which do not meet low water-use plumbing fixture standards, with shower heads with a maximum flow capacity of two-and-one-half gallons per minute (gpm), and washbasin faucets with aerators which limit the flow rate to a maximum of two-and-one-half gpm. Further, all toilets which exceed three-and-four-tenths gallons per flush shall be retrofitted with toilet water-use reduction devices capable of reducing flow by at least one gallon per flush. The city administrator shall defer the retrofit requirement of this section for any plumbing fixture for which present technology is not available to cause the required flow reduction, such as in flushometer-style toilet fixtures, or where retrofitting is not otherwise feasible. When feasible, retrofit shall be required at the time technology becomes available.

(Ord. 90-14-576 § 1(part), 1990)

A. For services other than single-family residences, applicants shall submit landscape and irrigation plans for review by the city. Said new landscapes shall meet, and continue to meet, these following minimum requirements:

1. Turf areas shall be limited to the lesser of twenty-five percent of the total developed landscape or fifteen percent of the total project area in services irrigated with potable water. In landscapes irrigated with reclaimed water, turf areas shall be limited to not more than forty percent of the total landscaped area. The city may waive this requirement if sufficient evidence is presented documenting the functional need for additional turf (e.g., parks).

2. Other highwater use plant materials (e.g., annual beds, containers) and water features (e.g., pools, fountains) shall be limited to not more than ten percent of the total developed landscape area.

3. Turf and other highwater use plant materials are prohibited in median strips, parking islands, and areas that cannot be irrigated efficiently (e.g., narrow strips, beds with sharply curved perimeters).

4. All other plantings shall be composed of low water-use plant materials (as found in the city's low water- use plant list, or other qualified sources), used in appropriate application with respect to exposure, slope, soil and other site specific criteria. The city, at its sole discretion, may waive this requirement if sufficient evidence is presented that the site is not suitable for such plants.

5. All landscaped areas shall be irrigated by an automatic irrigation system designed or approved by a registered landscape architect or other irrigation professional. Plans shall include calculated precipitation rates for each valve circuit, which shall be compatible with soil texture. Irrigation system requirements include:

a. Electric controller with repeat start time and multiple program potential, set for night and/or early morning irrigation;

b. Automatic rain shut-off valve for each controller;

c. Low precipitation rate sprinkler heads in areas of slopes exceeding ten percent;

d. Efficient sprinkler head layout and system design for minimum runoff and overspray onto non-landscaped areas;

e. Check valves for low head drainage, where elevation differential between heads may cause runoff;

f. Matched precipitation rates within each valve circuit;

g. Separate valves for the following:

i. Turf areas,

ii. Plant materials with similar water needs,

iii. Exposure variations, and

iv. Slope variations, where appropriate,

h. Drip irrigation, where appropriate.

6. Site preparation shall be suitable to encourage healthy growing conditions for low water-use plant material, including:

a. Scarifying of existing soil to a minimum depth of six inches;

b. Amendment of existing soil with organic material at a minimum rate of five cubic yards per one thousand square feet or as otherwise recommended by soil analysis; and

c. Mulching of nonturf areas with a minimum two inches of organic material.

B. The city will consider and may allow the substitution of well-designed conservation alternatives or innovations which may equally reduce water consumption for any of these requirements.

(Ord. 90-14-576 § 1(part), 1990)

No water user shall waste any water supplied through the distribution facilities of the city. The following uses of water constitute "waste" as used in this chapter:

A. The watering of grass, lawns, groundcover, shrubbery, open ground, crops and trees, including agricultural irrigation, in a manner or to an extent which allows substantial amounts of excess water to run off the area being watered. Every water user is deemed to have under his control at all times his water distribution lines and facilities and to know the manner and extent of his water use and excess runoff.

B. The washing of sidewalks, walkways, driveways, parking lots and all other hard-surfaced areas by direct hosing, except such as may be necessary to dispose of flammable or otherwise dangerous liquids or substances or otherwise necessary to prevent or eliminate matters dangerous to the public health and safety.

C. The escape of water through breaks or leaks within the water user's plumbing or distribution system for any substantial period of time within which such break or leak should reasonably have been discovered and corrected. It shall be presumed that a period of eight hours after the water user discovers such leak or break, whichever occurs first, is a reasonable time within which to correct such leak or break.

D. The use of water by governmental entities or agencies for (1) routine water system flushing for normal maintenance; (2) routine sewer system flushing for normal maintenance; and (3) fire personnel training, except as approved in advance in writing by the city administrator.

E. The watering of grass, lawns, groundcover, shrubbery and open ground within any portion of the city between the hours of ten a.m. and four p.m. daily, except as provided in subdivisions (1) through (3) of this subsection. The city administrator may, in his discretion, grant an exception if:

1. The city consumer is now using, or will as a condition to the granting of an exception, use water-conserving irrigation practices approved by the city administrator that minimize water evaporation losses and assure that no substantial amount of water is permitted to run off the area of application.

2. In lieu of granting any such exception, the city administrator may refer any specific exemption request directly to the city council for its decision, where due to peculiar circumstances, such action is appropriate.

3. As a condition to the granting of any exception under this subsection, the city administrator may require the consumer to post at locations conspicuous to view, notices of the exception.

(Ord. 90-14-576 § 1(part), 1990)

City occasionally receives requests from property owners to use inexpensive nonpotable water from the Tehachapi-Cummings County water district (the "water district") for watering landscape on properties within city, typically for the purpose of reducing water costs or to allow for additional planting of landscape without significantly increasing costs. In order to accommodate some such requests and to further promote conservation of city's potable water supply, city hereby establishes the following landscape watering program.

A. Voluntary Program. City makes available on a voluntary basis to those persons who satisfy the minimum requirements described hereinafter the use of nonpotable water which city may obtain from time-to-time from the water district for the irrigation of landscape. This program is expressly declared to be a temporary program which can be terminated in whole or in part at any time by city with or without notice to the participants and without any liability to city for any damage or injury caused to a participant by such termination.

B. Qualification. In order to qualify for the program, a person must own property within the city which contains a minimum of five-tenths acres (as determined by city in its sole discretion) of landscape. As used herein, the term "landscape" shall mean grass, lawn, ground cover, shrubbery, and crops and trees, but shall not include open ground. Additionally, for protection of the health, safety, and welfare of the public, no properties zoned residential shall be eligible for the program except for median landscape and parks located within such areas.

C. Permit. A person wishing to participate in the program may apply for the program by filling out an application for same with the city. City shall have the right to impose a filing fee which city, in its sole discretion, deems reasonable. As a part of the application, the applicant shall authorize city to enter the property for the purpose of determining the amount of landscape on the property. City shall have the right, in its sole and absolute discretion, either to reject an application or approve it with conditions. If city rejects the application, city shall notify the applicant in writing of same. If city approves the application, city shall notify the applicant in writing and shall advise the applicant of the conditions imposed. If the conditions are acceptable to the applicant, city will issue a permit to the applicant setting forth the terms and conditions of the permit and applicant shall execute a consent to same and such other documents as city may require.

D. Permit Conditions. Subject to any other conditions which may be imposed on the permit by city, all permits issued under the program shall be subject to the following conditions:

1. Each permit shall be for successive one year terms and, upon the expiration of each one year period, shall automatically renew for a subsequent one year period unless either city or applicant, prior to any such renewal, notifies the other party in writing that the permit will not be renewed (the "notice of nonrenewal"). Either city or applicant may, in its sole and absolute discretion, terminate the automatic renewal by sending the other party a notice of nonrenewal prior to the effective date of an automatic renewal and, in that even, there shall be no automatic renewal and the permit shall terminate at the end of the existing year.

2. A minimum of five-tenths acres of landscape shall be maintained at all times.

3. All costs of the meter and its installation, extension of any pipelines, purchase of the water from the water district, physical connection to the property, costs of providing the water to the property, all regulatory costs, and all other costs related thereto shall be at applicant's sole expense.

4. Applicant shall release city from any damages or injuries caused to applicant or the property, including but not limited to the landscape, arising out of applicant's participation in the program and applicant shall assume the risk of same.

5. Applicant shall agree to indemnify, defend, and hold harmless the city, its officers, councilpersons, employees, and agents from all claims of injury or damage arising out of applicant's participation in the program, or the delivery of water to the premises, including but not limited to any unauthorized use of the water, whether with applicant's knowledge or not, and whether due to the sole act or omission of city.

6. Posting of the property where deemed appropriate by city advising of the use of nonpotable water on the landscape.

7. Applicant's participation in the program shall also be subject to all other federal, state, local, and city statutes, ordinances, resolutions, minute orders, and rules and regulations.

E. Termination. Either applicant or city may, in their sole discretion, terminate the applicant's participation in the program. Applicant may do so upon thirty days written notice to city. City may do so upon ninety days written notice to applicant. Upon such termination, applicant shall have no further liability with regard to participation in the program nor be liable for any fees or costs other than those incurred prior to termination. Notwithstanding the foregoing, city may terminate water service without notice upon applicant's failure to comply with the conditions herein or in the permit.

F. Fees and Billings. By resolution, city may impose such fees or charges at such intervals as city determines is reasonable in its sole discretion, without applicant's consent and upon such notice as city, in its sole discretion, deems reasonable. City may bill all costs, fees and charges for the program on the same billing used by city for billing its fees, costs, and charges for its potable water service, sewer service, and refuse collection. In that event, city shall have all rights of enforcement described in Chapter 13.04 of this title, including, but not limited to, the right to terminate water service pursuant to Section 13.04.110.

G. Other Obligations. The program shall also be governed by and participants in it shall comply with the following provisions of Chapter 13.04 of this title, which are incorporated herein by this reference: Sections 13.04.060, 13.04.070, 13.04.080, 13.04.130, 13.04.140, 13.04.150, 13.04.180, 13.04.190, 13.04.210, 13.04.220, 13.04.230, 13.04.240 and 13.04.250.

H. Compliance Inspection. The superintendent of public works, city building inspector, or other duly authorized officer of city shall be admitted at all reasonable hours to all parts of the premises supplied with water in the program to determine whether the conditions set out in this chapter and in the permit are being observed.

I. Inadequate Water Supply. In addition to any other termination rights by city or participant, city may also terminate water service at any time either temporarily or permanently to any applicant to whom a permit has been issued without notice upon determination that insufficient quantities of water are available.

(Ord. 01-02-656 § 2, 2001; Ord. 99-09-651 § 1, 1999)