Tustin Municipal Code Ch. 10 Water Management Plan

EDITOR'S NOTE: Section 3 of Ord. No. 1477, adopted Mar. 21, 2017, amended Ch. 10 to read as herein set out. Former Ch. 10 pertained to the same subject matter, consisted of sections 4950—4956, and derived from Ord. 1457, adopted June 2, 2015.

The California Water Code permits public entities which supply water at retail to adopt and enforce a water conservation program to reduce the quantity of water used by the people therein for the purpose of conserving the water supplies of such public entity. The City Council of the City of Tustin hereby establishes a comprehensive Water Conservation Program pursuant to the California Water Code based upon the need to conserve water supplies and to avoid or minimize the effects of any future shortages. This Chapter establishes permanent water use restrictions and regulations to be implemented during times of declared water shortages. It establishes six (6) levels of drought response actions to be implemented in times of shortage, with increasing restrictions on water use in response to worsening drought conditions and decreasing available supplies.

(Ord. No. 1477, Sec. 3, 3-21-17; Ord. No. 1516, Sec. 3, 12-7-21)

The provisions of this Article shall apply to all persons, customers, and property served by the City of Tustin water service.

(Ord. No. 1477, Sec. 3, 3-21-17; Ord. No. 1516, Sec. 3, 12-7-21)

The City Manager and his or her designated representatives are hereby authorized and directed to implement the provisions of this Ordinance. Each "Enforcement Officer" as that term is used in Part 6 of Chapter 1 of Article 1 of the Tustin City Code are authorized to enforce this Chapter through administrative citation proceedings.

(Ord. No. 1477, Sec. 3, 3-21-17; Ord. No. 1516, Sec. 3, 12-7-21)

No customer of the City shall knowingly make, cause, use, or permit the use of water supplied by the City for residential, commercial, industrial, institutional, manufacturing, agricultural, governmental or any other purpose in a manner, or during a period of time, prohibited by this Chapter. AT NO TIME SHALL WATER BE WASTED OR USED UNREASONABLY. The following water use restrictions shall apply at all times except when reclaimed or recycled water is used:

A. Between April 1 and October 31, lawn watering and landscape irrigation will be limited to four (4) days a week. Watering may only occur on Sunday, Tuesday, Thursday, and Saturday.

Between November 1 and March 31, lawn watering and landscape irrigation will be further limited to three (3) days a week. Watering may only occur on Tuesday, Thursday and Saturday.

B. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 8:00 a.m. and 4:00 p.m., except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting, maintaining, or repairing an irrigation system.

Any high efficiency sprinkler nozzle that qualifies for a rebate from the Metropolitan Water District of Southern California and drip irrigation or a similar water efficient watering system shall be limited to a maximum of fifteen (15) minutes per irrigation station. All other irrigation is limited to a maximum of five (5) minutes per irrigation station.

C. Irrigation of landscapes shall not occur during and forty-eight (48) hours following measurable precipitation. "Measurable precipitation" shall mean a one-quarter (¼) inch or more of rainfall falling within the City of Tustin within any twenty-four-hour period.

D. No customer of the City shall water or irrigate any lawn, landscape, or other vegetated area in a manner that causes or allows water flow or runoff onto an adjoining sidewalk, driveway, street, gutter or ditch.

E. Water shall not be used to wash down streets, gutters, sidewalks, driveways, parking areas, tennis courts, patios, pool decks, or other paved areas, except to alleviate immediate fire or sanitation hazards. Water shall not be used in a manner that causes runoff such that water flows onto adjacent property, non-irrigated areas, private or public walkways, roadways, parking lots, or structures.

F. Washing of autos, trucks, mobile homes, buses, trailers, boats, airplanes and other types of mobile equipment shall be limited to quick rinses and be done with a hand-held bucket or a hand-held hose equipped with a positive shut-off nozzle. Washing is permitted at any time on the immediate premises of a commercial car wash. Further, such washing is exempted from these regulations where health, safety and welfare of the public is contingent upon frequent vehicle cleaning such as solid waste collection vehicles.

G. Watering parks, school grounds, public facilities, and recreational fields is not permitted between the hours of 8:00 a.m. and 4:00 p.m.

H. The operation of any ornamental fountain or similar structure is prohibited unless the fountain or structure internally recycles the water it uses.

I. Restaurants shall not serve water to their customers except when specifically requested.

J. Hotels and motels must provide guests with the option of choosing not to have towels and linens laundered daily and shall prominently display notice of this option in each guestroom.

K. All water leaks shall be repaired immediately.

L. Customers that utilize turf for beneficial public use may apply for an exemption from the permanent four-day watering restriction. A water management plan shall be provided that demonstrates specific actions that will be taken to manage potable water use. Irrigation schedules shall be in accordance with Section 4953A until the City has reviewed and approved the customer water management plan. Exemptions shall be revoked if customer does not comply with the approved plan.

(Ord. No. 1477, Sec. 3, 3-21-17; Ord. No. 1516, Sec. 3, 12-7-21)

The following levels of restrictions shall take effect upon declaration as provided in Section 4955:

A. LEVEL 1 - MANDATORY COMPLIANCE - WATER WATCH. LEVEL 1 applies during periods when the City determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. The Declaration and Notice of the reduction required of City customers shall be given in accordance with Section 4955. During LEVEL 1, all permanent water use restrictions listed in Section 4953 shall remain in effect in addition to, and except as amended by, the following mandatory water conservation measures. These restrictions continue to apply except when reclaimed or recycled water is used.

1. Between April 1 and October 31, lawn watering and landscape irrigation will be limited to four (4) days a week. Watering may only occur on Sunday, Tuesday, Thursday, and Saturday.

Between November 1 and March 31, lawn watering and landscape irrigation will be further limited to three (3) days a week. Watering may only occur on Tuesday, Thursday and Saturday.

2. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 8:00 a.m. and 4:00 p.m., except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting, maintaining, or repairing an irrigation system.

Any high efficiency sprinkler nozzle that qualifies for a rebate from the Metropolitan Water District of Southern California and drip irrigation or a similar water efficient watering system shall be limited to a maximum of fifteen (15) minutes per irrigation station. All other irrigation is limited to a maximum of five (5) minutes per irrigation station.

3. Customers that utilize turf for beneficial public use may apply for an exemption from the designated irrigation day provision of LEVEL 1. A conservation plan shall be provided that demonstrates specific actions that will be taken to reduce potable water use. Designated irrigation days shall remain in effect until the City has reviewed and approved the customer conservation plan. Exemptions shall be revoked if customer does not comply with the approved plan.

B. LEVEL 2 - MANDATORY COMPLIANCE - WATER ALERT. LEVEL 2 applies during periods when the City determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a mandatory consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. The Declaration and Notice of the reduction required of City customers shall be given in accordance with Section 4955. During LEVEL 2, all permanent water use restrictions listed in Section 4953 and all provisions of LEVEL 1 shall remain in effect or take effect in addition to, and except as amended by, the following mandatory water conservation measures. These restrictions continue to apply except when reclaimed or recycled water is used.

1. Between April 1 and October 31, lawn watering and landscape irrigation will be limited to three (3) days a week. Watering may only occur on Tuesday, Thursday, and Saturday.

Between November 1 and March 31, lawn watering and landscape irrigation will be further limited to two (2) days a week. Watering may only occur on Tuesday and Saturday.

2. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 8:00 a.m. and 4:00 p.m., except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting, maintaining, or repairing an irrigation system.

Any high efficiency sprinkler nozzle that qualifies for a rebate from the Metropolitan Water District of Southern California and drip irrigation or a similar water efficient watering system shall be limited to a maximum of fifteen (15) minutes per irrigation station. All other irrigation is limited to a maximum of five (5) minutes per irrigation station.

3. Agriculture users and commercial nurseries as defined in the Metropolitan Water District Code are exempt from LEVEL 2 irrigation restrictions, but will be required to curtail all non-essential water use.

4. Swimming pools may only be filled when an appropriate pool cover is in place.

5. Customers that utilize turf for beneficial public use may apply for an exemption from the designated irrigation day provision of LEVEL 2. A conservation plan shall be provided that demonstrates specific actions that will be taken to reduce potable water use. Designated irrigation days shall remain in effect until the City has reviewed and approved the customer conservation plan. Exemptions shall be revoked if customer does not comply with the approved plan.

6. Exceptions: The restrictions in LEVEL 2, subsections 1 through 4 above are not applicable to that use of water necessary for public health and safety or for essential governmental services such as police, fire and other similar emergency services, or when the use is necessary to comply with a term or condition in a permit issued by a City, state or federal agency.

C. LEVEL 3 - MANDATORY COMPLIANCE - WATER WARNING. LEVEL 3 applies during periods when the City determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a further consumer demand reduction is necessary beyond that which is likely to be achieved through LEVEL 2 restrictions, in order to make more efficient use of water and appropriately respond to existing water conditions. Declaration and Notice of the reductions required of City customers shall be given in accordance with Section 4955. During LEVEL 3, all permanent water use restrictions listed in Section 4953 and all provisions of LEVELS 1 and 2 shall remain in effect or take effect in addition to, and except as amended by, the following mandatory water conservation measures. These restrictions continue to apply except when reclaimed or recycled water is used.

1. Between April 1 and October 31, lawn watering and landscape irrigation will be limited to two (2) days a week. Watering may only occur on Tuesday and Saturday.

Between November 1 and March 31, lawn watering and landscape irrigation will be further limited to one (1) day a week. Watering may only occur on Tuesday.

2. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 8:00 a.m. and 4:00 p.m., except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting, maintaining, or repairing an irrigation system.

Any high efficiency sprinkler nozzle that qualifies for a rebate from the Metropolitan Water District of Southern California and drip irrigation or a similar water efficient watering system shall be limited to a maximum of fifteen (15) minutes per irrigation station. All other irrigation is limited to a maximum of five (5) minutes per irrigation station.

3. Washing of autos, trucks, mobile homes, buses, trailers, boats, airplanes and other types of mobile equipment is prohibited. Washing is permitted at any time on the immediate premises of a commercial car wash. Further, such washings are exempted from these regulations where the health, safety and welfare of the public is contingent upon frequent vehicle cleaning such as solid waste collection vehicles.

4. The operation of any ornamental fountain or similar structure utilizing potable water is prohibited at all times.

5. Construction water shall not be used for earthwork or road construction purposes unless authorized as a mitigation or erosion control, compaction or backfilling earthwork or as required by the Air Quality Management Plan (AQMP) Control Measure F-4.

6. Pools shall not be emptied or refilled using potable water unless required for public health and safety purposes. Pools utilizing an appropriate pool cover may be topped off to prevent damage to pump and filter equipment.

7. Customers that utilize turf for beneficial public use may apply for an exemption from the designated irrigation day provision of LEVEL 3. A conservation plan shall be provided that demonstrates specific actions that will be taken to reduce potable water use. Designated irrigation days shall remain in effect until the City has reviewed and approved the customer conservation plan. Exemptions shall be revoked if customer does not comply with the approved plan.

8. Exceptions: The restrictions in LEVEL 3, subsections 1 through 7 above are not applicable to that use of water necessary for public health and safety or for essential governmental services such as police, fire and other similar emergency services, or when the use is necessary to comply with a term or condition in a permit issued by a City, state or federal agency.

D. LEVEL 4 - MANDATORY COMPLIANCE - WATER SHORTAGE. LEVEL 4 applies when the City determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a further consumer demand reduction is necessary beyond that which is likely to be achieved through LEVEL 3 restrictions, in order to make more efficient use of water and appropriately respond to existing water conditions, or a major failure of any supply or distribution facility, whether temporary or permanent, occurs in the water distribution system of the State Water Project, Metropolitan Water District of Southern California, Municipal Water District of Orange County, East Orange County Water District or City facilities. Notice of the reduction required of City customers shall be promptly given in accordance with Section 4955. During LEVEL 4, all permanent water use restrictions listed in Section 4953 and all provisions of LEVELS 1, 2, and 3 shall remain in effect or take effect in addition to, and except as amended by, the following additional mandatory water conservation measures. These restrictions shall continue to apply except when reclaimed or recycled water is used:

1. Lawn watering and landscape irrigation will be limited to one (1) day a week. Watering may only occur on Tuesday.

2. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 8:00 a.m. and 4:00 p.m., except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting, maintaining, or repairing an irrigation system.

3. Any high efficiency sprinkler nozzle that qualifies for a rebate from the Metropolitan Water District of Southern California and drip irrigation or a similar water efficient watering system shall be limited to a maximum of fifteen (15) minutes per irrigation station. All other irrigation is limited to a maximum of five (5) minutes per irrigation station.

4. Washing of autos, trucks mobile homes, buses, trailers, boats, airplanes and other types of mobile equipment is prohibited. Washing is permitted at any time upon the immediate premises of a commercial car wash. The use of water by all types of commercial car washes shall be reduced in volume by twenty (20) percent. Further, such washings are exempted from these regulations where the health, safety and welfare of the public is contingent upon frequent vehicle cleaning such as solid waste collection vehicles.

5. Filling, refilling or adding of water to swimming pools, spas, ponds and artificial lakes is prohibited.

6. Agricultural users and commercial nurseries shall use water only between the hours of 6:00 p.m. and 6:00 a.m. and may be subject to additional restrictions if the state, regional or local agency or jurisdiction deems necessary. The City will make a good faith effort to inform agricultural users and commercial nurseries of any such restrictions. Monetary penalties will be passed through to agricultural customers, if assessed by the State Water Resources Control Board, Metropolitan Water District of Southern California, or Municipal Water District of Orange County.

7. New construction meters or permits for unmetered service will not be issued. Construction water shall not be used for earth work or road construction purposes, except to maintain the health, safety and welfare of the public or as required by the Air Quality Management Plan (AQMP) Control Measure F-4.

8. The use of water for commercial, industrial, institutional, manufacturing or processing purposes shall be essential use only. All outdoor irrigation is prohibited.

9. No water shall be used for air conditioning purposes.

10. Exceptions: The restrictions in LEVEL 4 subsections 1 through 8 above are not applicable to that use of water necessary for public health and safety or for essential governmental services such as police, fire and other similar emergency services, or when the use is necessary to comply with a term or condition in a permit issued by a City, state or federal agency.

E. LEVEL 5 - MANDATORY COMPLIANCE - WATER EMERGENCY. LEVEL 5 applies when the City determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a further consumer demand reduction is necessary beyond that which is likely to be achieved through LEVEL 4 restrictions, in order to make more efficient use of water and appropriately respond to existing water conditions, or a major failure of any supply or distribution facility, whether temporary or permanent, occurs in the water distribution system of the State Water Project, Metropolitan Water District of Southern California, Municipal Water District of Orange County, East Orange County Water District or City facilities. Notice of the reduction required of City customers shall be promptly given in accordance with Section 4955. During LEVEL 5, all permanent water use restrictions listed in Section 4953 and all provisions of LEVELS 1, 2, 3, and 4 shall remain in effect or take effect in addition to, and except as amended by, the following additional mandatory water conservation measures. These restrictions shall continue to apply except when reclaimed or recycled water is used:

1. All outdoor irrigation is prohibited.

2. Washing of autos, trucks mobile homes, buses, trailers, boats, airplanes and other types of mobile equipment is prohibited. Washing is permitted at any time upon the immediate premises of a commercial car wash. The use of water by all types of commercial car washes shall be reduced in volume by fifty (50) percent. Further, such washings are exempted from these regulations where the health, safety and welfare of the public is contingent upon frequent vehicle cleaning such as solid waste vehicles and vehicles used to transport food and perishables.

3. Watering of parks, school grounds, public facilities and recreation fields is prohibited with the exception of plant materials classified to be rare, exceptionally valuable, or essential to the wellbeing of rare animals.

4. The use of water from fire hydrants shall be limited to firefighting or related activities necessary to maintain the health, safety and welfare of the public.

5. Use of water for agricultural or commercial nursery purposes, except for livestock watering, is prohibited.

6. Exceptions: The restrictions in LEVEL 5 subsections 1 through 5 above are not applicable to that use of water necessary for public health and safety or for essential governmental services such as police, fire and other similar emergency services, or when the use is necessary to comply with a term or condition in a permit issued by a City, State or Federal agency.

F. LEVEL 6 - MANDATORY COMPLIANCE - EXTREME WATER EMERGENCY. LEVEL 6 applies when the City determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a further consumer demand reduction is necessary beyond that which is likely to be achieved through LEVEL 5 restrictions, in order to make more efficient use of water and appropriately respond to existing water conditions, or a major failure of any supply or distribution facility, whether temporary or permanent, occurs in the water distribution system of the State Water Project, Metropolitan Water District of Southern California, Municipal Water District of Orange County, East Orange County Water District or City facilities. Notice of the reduction required of City customers shall be promptly given in accordance with Section 4955. During LEVEL 5, all permanent water use restrictions listed in Section 4953 and all provisions of LEVELS 1, 2, 3, 4, and 5 shall remain in effect or take effect in addition to, and except as amended by, the following additional mandatory water conservation measures. These restrictions shall continue to apply except when reclaimed or recycled water is used:

1. Potable water is for public health and safety purposes only. Customer rationing may be implemented.

2. All irrigation is prohibited. The City may shut-off all non-essential water services.

3. The use of water for commercial, industrial, institutional, manufacturing or processing purposes shall be reduced in volume by fifty (50) percent and limited to off-peak hours, whichever is greater.

4. Water for air conditioning is prohibited.

5. Exceptions: The restrictions in LEVEL 6 subsections 1 through 4 above are not applicable to that use of water necessary for public health and safety or for essential governmental services such as police, fire and other similar emergency services, or when the use is necessary to comply with a term or condition in a permit issued by a City, State or Federal agency.

(Ord. No. 1477, Sec. 3, 3-21-17; Ord. No. 1516, Sec. 3, 12-7-21)

A. The City shall monitor the projected supply and demand for water by its customers on a monthly basis.

B. 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.

C. The City will follow the written decision-making process defined in the Water Shortage Contingency Plan to assess water supply reliability on an annual basis.

D. City Staff will determine if a water shortage exists based on the water shortage criteria and defined in the Water Shortage Contingency Plan.

E. In the event a water shortage is triggered according to the procedures and conditions defined in the adopted Water Shortage Contingency Plan, the City Manager and/or City Council will declare a shortage according to the defined water shortage levels.

F. The City Manager shall determine the extent of the conservation required through the implementation and/or termination of particular conservation levels in order for the City to prudently plan for the supply water to its customers and/or to comply with regulations and/or restrictions implemented by the State Water Resources Control Board, Metropolitan Water District of Southern California, Municipal Water District of Orange County, Orange County Water District, or East Orange County Water District. Thereafter, the City Manager may order that the appropriate level of water conservation be implemented or terminated in accordance with the applicable provision of this Ordinance.

G. The declaration of any level shall be made by public announcement and notice shall be published a minimum of once per week for three (3) consecutive weeks in a newspaper of general circulation. The level designated shall become effective immediately upon announcement.

H. The declaration of any level shall be reported to the City Council at its next regular meeting. The City Council shall thereupon ratify the declaration, rescind the declaration, or direct the declaration of a different level.

(Ord. No. 1477, Sec. 3, 3-21-17; Ord. No. 1516, Sec. 3, 12-7-21)

A. Each day a violation of this Chapter occurs is a separate offense subject to a separate fine.

B. Following a declaration of a levels 1, 2, 3, 4, 5, or 6 condition, administrative citations shall be issued to violators of the applicable restrictions of such level. Administrative citations shall be issued in accordance with the procedures set forth in Part 6 of Chapter 1 of Article 1 of the Tustin City Code.

C. The first violation of this Chapter by any violator shall subject the violator to a fine of one hundred dollars ($100.00). Upon a second violation of any provision of this Chapter within one (1) year from the date of the first violation, the violator shall be subject to a fine of two hundred dollars ($200.00). Upon a third and each subsequent violation of any provision of this Chapter within one (1) year from the date of the first violation, the violator shall be subject to a fine of five hundred dollars ($500.00).

D. Upon the fifth violation of any provision of this Chapter within any two (2) year period, the City may install a flow restricting device in the customer's water service line for a period not less than forty-eight (48) hours and until the customer satisfies the City that the failure to comply will not continue. In addition to demonstrating to the City's satisfaction that the failure to comply will not continue, the customer shall pay all applicable fines prior to removal of the flow restricting device.

E. For the sixth and each subsequent violation of any provision of this Chapter within any two (2) year period, the City may discontinue water service for a period of not less than twenty-four (24) hours and until the customer satisfies the City that the failure to comply will not continue. In addition to demonstrating to the City's satisfaction that the failure to comply will not continue, the customer shall pay all applicable fines and service charges for restoration of service prior to the restoration of water service.

F. Nothing herein limits the availability of any other civil or criminal remedy, sanction, penalty, fine, or order, that is authorized, or that may hereafter be authorized, for violation of the Tustin City Code, or for violation of any Federal or State law.

(Ord. No. 1477, Sec. 3, 3-21-17; Ord. No. 1516, Sec. 3, 12-7-21)

To the extent that a City water customer causes or contributes to causing a regulatory agency to levy a fine against the City resulting from that customer's violations of one (1) or more provisions of this Chapter, the customer shall, within thirty (30) days of mailing of written demand from the City, reimburse the City for the fine, or such portion of the fine as such customer contributed to causing, and associated administrative costs, if any.

(Ord. No. 1477, Sec. 3, 3-21-17; Ord. No. 1516, Sec. 3, 12-7-21)

A. Appeals of any administrative citations or other, fine, penalty, or notice issued pursuant to this Chapter shall be made in accordance with the procedures set forth in Part 6 of Chapter 1 of Article 1 of the Tustin City Code.

B. A declaration of any water conservation level may be appealed by any individual and may be appealed only to the City Council. An appeal of a declaration of water conservation level shall be filed with the City Clerk during normal business hours within ten (10) calendar days of the date of the declaration and shall be accompanied by a deposit or fee as required by City Council resolution or ordinance. Any such appeal shall be made in writing and shall specify the declaration appealed from, the specific action or relief sought by the appellant in the appeal, and the reasons why the declaration should be modified or reversed. Filing of a written appeal shall not stay the effective date of a declaration. A hearing date shall be set within sixty (60) calendar days of filing of the appeal for the City Council to decide whether a sufficient basis exists for the existing declaration of the water conservation level, or if a different level should be declared. At the conclusion of the hearing, the City Council may uphold, modify or reverse the declaration, or may decide to take no further action on the appeal. A decision of the City Council on such appeal shall be final.

(Ord. No. 1477, Sec. 3, 3-21-17; Ord. No. 1516, Sec. 3, 12-7-21)