* For state law as to water systems generally, see H. & S.C., §§ 4010 to 4035. As to pollution of water, see H. & S.C., §§ 4400 to 4461.
As to water supply in trailer camps, see § 6.26 of this Code.
Prior ordinance history: Ords. 592, 642, 770, 790, 913, 950, 971, 1057, 1234, 1330, 1425, 1442, 1460, 1620, 1640 and 1665.

ARTICLE I. GENERAL REGULATIONS

35.1 Notice and permit to tap, open, etc., city pipes.

No person shall tap, open or connect with any water main or pipe which forms any part of the city water system without obtaining written permission to do so from the water department of the public works department. The department will issue no such permit to or for any person whose indebtedness to the department for water or damage to fire hydrants is delinquent, or who has on one or more occasions taken water from the distribution system without having received the permission required, even though such person has paid for water so taken. (Ord. No. 1680, § 1.)

35.2 New service lateral and meter charges.

Before water is supplied to any premises, the owner or user shall make application to the department. The department, as a condition to granting such application and furnishing water to the premises, is authorized to and shall require a payment therefor at the following rates:

One-inch service or larger, cost plus twenty percent.

Installing a meter on an existing service lateral which has already been paid for by a subdivider or a customer, the following rates shall apply:

One-inch meter or larger, cost plus twenty percent.

Size of service shall be determined by the department in accordance with the Uniform Plumbing Code as adopted by the city and with the approval of the superintendent. (Ord. No. 1680, § 1.)

35.3 Domestic water rates inside city.

All water supplied for domestic use inside the city shall be subject to such rates as may be from time to time established by resolution. (Ord. No. 1680, § 1; Ord. No. 1685, § 1.)

35.4 Domestic water rates outside city.

All water supplied for domestic use outside the city shall be subject to such rates as may be from time to time established by resolution. (Ord. No. 1680, § 1; Ord. No. 1685, § 1.)

35.5 Same—For industrial use.

All water for industrial use shall be subject to the monthly charge prescribed by Section 35.3. (Ord. No. 1680, § 1.)

35.6 Same—For waste in absence of meter.

Any person using, wasting or permitting water to run from any water main, tap, fire hydrant or other connection in a manner not authorized by this chapter shall pay to the city for all such water at the rates fixed in Section 35.3 for domestic use of water, notwithstanding the fact that such water is not metered. (Ord. No. 1680, § 1.)

35.7 Minimum rate to be charged—Exception.

The regular minimum monthly rate for all classes of service listed in this chapter shall be charged, unless the customer specifically requests the department to discontinue service. (Ord. No. 1680, § 1; Ord. No. 2066, § 1.)

35.8 No charge for turning on or shutting off service at customer’s request.

No charge shall be made by the department if a customer requests water service to be shut off or turned on during regular working hours. During other hours, water will not be shut off or turned on except in case of emergency or upon the customer’s payment of the city’s extra costs, including overtime, which result from the off-hours activity. (Ord. No. 1680, § 1; Ord. No. 2066, § 2.)

35.9 Customer to be charged for all water passing through meter.

Every customer shall be held responsible and charged for all water passing through the meter supplying his or her premises. (Ord. No. 1680, § 1.)

35.10 Authority of city manager to resolve complaints concerning water charges and disputes regarding the rates.

Subject to the exercise of reasonable discretion, the city manager, or designee, is authorized to resolve complaints concerning water charges and disputes regarding the rate imposed. (Ord. No. 1680, § 1; Ord. No. 1983, § 93; Ord. No. 2066, § 3.)

35.11 Application for water delivery and deposit required.

To obtain water service, a customer shall submit a:

(a) Written application on a form furnished by the department and signed by the applicant; or

(b) Telephonic application, including submission of valid credit card account information, acceptable to the director of finance, or designee; and

(c) Deposit for each water service meter in an amount reasonably determined by the director of finance; provided that the deposit may be waived if the customer has established credit with the city or provides a letter of credit reasonably acceptable to the director of finance or designee. (Ord. No. 1680, § 1; Ord. No. 1983, § 93; Ord. No. 2066, § 4.)

35.12 When service bills are due.

Bills for municipal service (water meter service charge, sewer, rubbish, waste and applicable taxes) furnished by the city are due and payable when transmitted and shall become delinquent thirty days after that date. (Ord. No. 1680, § 1; Ord. No. 1858, § 1; Ord. No. 2066, § 5.)

35.13 Discontinuance of service—For failure to pay bill.

If a customer fails to pay for water service within thirty days after the date the bill is due and payable, pursuant to Section 35.12, water service may be discontinued with twenty-four-hour prior written notice delivered to the premises where the bill for water service was provided. Service will not be resumed unless a fee established by resolution of the city council is paid by the customer for the expense of turning the water off and on. The department shall resume service on weekdays during regular working hours. (Ord. No. 1680, § 1; Ord. No. 1858, § 2; Ord. No. 1983, § 94; Ord. No. 2066, § 6; Ord. No. 2268, § 2, 2014.)

35.14 Discontinuance of service—For noncompliance with rules and regulations.

Discontinuance of service for a fourth or subsequent violation of this chapter may only occur following a hearing held in accordance with SPMC Section 35.93. Any disconnected service may be restored upon application of the customer evidencing that the customer is ready, willing and able to comply with the provisions of this chapter and department rules and regulations regarding water service. Service will not be resumed unless a fee established by resolution of the city council is paid by the customer for the expense of turning the water off and on. Resumption of service shall be accomplished by the department on weekdays during regular working hours. (Ord. No. 1680, § 1; Ord. No. 1983, § 94; Ord. No. 2066, § 7; Ord. No. 2268, § 3, 2014.)

35.15 Unauthorized turn-on prohibited.

Should the occupant of any premises or any person for him or her or on his or her behalf turn on water or suffer or cause it to be turned on after it has been shut off by the department, the service lateral will be plugged and a charge as established by resolution of the city council shall be paid by occupant. (Ord. No. 1680, § 1; Ord. No. 1983, § 94.)

35.16 Authority to shut off water from mains and pipes.

The department shall have the power to turn off water from mains and pipes of the city’s water system without notice. (Ord. No. 1680, § 1.)

35.17 Installation of meters.

The department may attach a meter to any service or service pipe or replace the same at any time it is deemed expedient to do so, and render a corrected bill from the date of installation of such meter according to the meter rates set forth in this chapter. (Ord. No. 1680, § 1.)

35.18 Damaging or interfering with meters.

After a meter is so attached in accord with Section 35.17, any damage to such meter resulting from malice, carelessness or neglect of the customer or any member of his family, or anyone employed by him, and any damages which may result from hot water or steam from a boiler or otherwise, shall be paid for by the customer to the department on presentation of a bill therefor. In case such bill is not paid, the water shall be shut off from the premises and shall not be turned on until all charges are paid.

It is unlawful to interfere with or remove a water meter from any service where it has been attached without receiving permission from the department. Such permission shall be granted only in case of emergency. (Ord. No. 1680, § 1.)

35.19 Services and meters are property of water department—Maintenance of services and meters.

All services and water meters installed by the department shall remain at all times the property of the department and shall be maintained, repaired and renewed by the department when rendered unserviceable through fair wear and tear. Where replacement, repairs or adjustments of any meter or service are rendered necessary by the act, negligence or carelessness of the customer or any member of his family or person in his employ any expense caused to the department thereby shall be charged against and collected from the customer. (Ord. No. 1680, § 1.)

35.20 Shut-off valves.

All shut-off valves installed in the meter box by the department are for the use of the department. Such shut-off valves shall not be used or in any way molested or manipulated by a water customer, except in case of emergency. For ordinary usage, all customers shall provide their own valves. Such shut-off valves shall not be installed within the meter boxes or within six inches of the meter boxes. (Ord. No. 1680, § 1.)

35.21 Cross-connections.

(a) It is unlawful for any person, firm or corporation at any time to make or maintain or cause to be made or maintained, temporarily or permanently, for any period of time whatsoever, any cross-connection between plumbing pipes or water fixtures being served with water by the city and any other source of water supply or to maintain any sanitary fixture or other appurtenances or fixtures which by reason of their construction may cause or allow backflow of water or other substances into the water supply system of the city and/or the service of water pipes or fixtures of any consumer of the city.

(b) Definitions.

(1) Air-Gap Separation. The term “air-gap separation” means a physical break between a supply pipe and a receiving vessel. The air-gap shall be at least double the diameter of the supply pipe measured vertically above the top rim of the vessel, in no case less than one inch.

(2) Approved Backflow Prevention Device. The term “Approved backflow prevention device” shall mean devices which have passed laboratory and field evaluation tests performed by a recognized testing organization which has demonstrated their competency to perform such tests to the California Department of Health Service.

(3) Approved Water Supply. The term “approved water supply” means any water supply whose potability is regulated by a state or local health agency.

(4) Auxiliary Supply. The term “auxiliary supply” means any water supply on or available to the premises other than the approved water supply.

(5) AWWA Standard. The term “AWWA standard” means an official standard developed and approved by the American Water Works Association (AWWA).

(6) Backflow. The term “backflow” shall mean a flow condition, caused by a differential in pressure, that causes the flow of water or other liquids, gases, mixtures or substances into the distributing pipes of a potable water from any source or sources other than an approved water supply source. Backsiphonage is one cause of backflow; backpressure is the other cause.

(7) Contamination. The term “contamination” means a degradation of the quality of the potable water by any foreign substance which creates a hazard to the public health or which may impair the usefulness or quality of the water.

(8) Cross-Connection. The term “cross-connection” as used in this chapter, means any unprotected actual or potential connection between a potable water system used to supply water for drinking purposes and any source or system containing unapproved water or a substance that is not or cannot be approved as safe, wholesome, and potable. By-pass arrangements, jumper connections, removable sections, swivel or changeover devices, or other devices through which backflow could occur, shall be considered to be cross-connections.

(9) Designated Agent. The term “designated agent” shall mean the person appointed by the public works director to represent the city and shall act on the behalf of the public works director in all aspects and duties of this chapter.

(10) Double Check Valve Assembly. The term “double check valve assembly” means an assembly of at least two independently acting check valves including tightly closing shut-off valves on each side of the check valve assembly and test cocks available for testing the watertightness of each check valve.

(11) Health agency. The term “health agency” means the California Department of Health Services, or the local health agency with respect to a small water system.

(12) Person. The term “person” means an individual, corporation, company, association, partnership, municipality, public utility, or other public body or institution.

(13) Premise. The term “premise” means any and all areas on a customer’s property which are served or have the potential to be served by the public water system.

(14) Public Water System. The term “public water system” means a system for the provision of piped water to the public for human consumption which has five or more service connections or regularly serves an average of twenty-five individuals daily at least sixty days out of the year.

(15) Public Works Director. The public works director in charge of the water division of the city is vested with the authority and responsibility for the implementation of an effective cross-connection control program and for the enforcement of the provisions of this chapter.

(16) Reclaimed Water. The term “reclaimed water” means a wastewater which as a result of treatment is suitable for uses other than potable use.

(17) Service Connection. The term “service connection” refers to the point of connection of a user’s piping to the water supplier’s facilities.

(18) Water Supplier. The term “water supplier” means the person who owns or operates the approved water supply system.

(19) Water User. The term “water user” means any person obtaining water from an approved water supply system.

(1) General Provisions.

(A) Unprotected cross-connections with the public water supply are prohibited.

(B) Whenever backflow protection has been found necessary, the city water division, will require the water user to install an approved backflow prevention device by and at his/her expense for continued services or before a new service will be granted.

(C) Wherever backflow protection has been found necessary on a water supply line entering a water user’s premises, then any and all water supply lines from the city’s mains entering such premises, buildings, or structures shall be protected by an approved backflow prevention device. The type of device to be installed will be in accordance with the requirements of this chapter.

(2) Where Protection is Required.

(A) Each service connection from the city’s water system for supplying water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the public water system unless the auxiliary water supply is accepted as an additional source by the city, and is approved by the public health agency having jurisdiction.

(B) Each service connection from the city’s water system for supplying water to any premises on which any substance is handled in such fashion as may allow its entry into the water system shall be protected against back-flow of the water from the premises into the public system. This shall include the handling of process waters and waters originating from the city’s water system which have been subjected to deterioration in sanitary quality.

(C) Backflow prevention devices shall be installed on the service connection to any premises having (i) internal cross-connections that cannot be permanently corrected and controlled to the satisfaction of the state or local health department and the city water division, or (ii) intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not cross-connections exist.

(3) Type of Protection Required.

(A) The type of protection that shall be provided to prevent backflow into the approved water supply shall be commensurate with the degree of hazard that exists on the consumer’s premises. The type of protective device that may be required (listing in an increasing level of protection) includes: double check vale assembly (DC), reduced pressure principle backflow prevention device (RP), and an air-gap separation (AG). The water user may choose a higher level of protection than required by the city. The minimum types of backflow protection required to protect the approved water supply, at the user’s water connection to premises with varying degrees of hazard are given in table 1. Situations which are not covered in Table 1 shall be evaluated on a case-by-case basis and the appropriate backflow protection shall be determined by the city, water division or health agency.

	Table 1 TYPE OF BACKFLOW PROTECTION REQUIRED
	Degree of Hazard	Minimum Type of Backflow Prevention

(a)	Sewage and Hazardous Substances
(1)	Premises where the public water system is used to supplement the claimed water supply.	AG
(2)	Premises where there are wastewater pumping and/or treatment plants and there is no interconnection with the potable water system. This does not include a single-family residence that has a sewage lift pump. An RP may be provided in lieu of an AG if approved by the health agency and the city water division.	AG
(3)	Premises where reclaimed water is used and there is no interconnection with the potable water system. An RP assembly may be provided in lieu of an AG assembly if approved by the health agency and the city water division.	AG
(4)	Premises where hazardous substances are handled in any manner in which the substances may enter a potable water system. This does not include a single-family residence that has a sewage lift pump. An RP may be provided in lieu of an AG if approved by the health agency and the city water division.	AG
(5)	Premises where there are irrigation systems into which fertilizers, herbicides, or pesticides are, or can be, injected.	RP
(b)	Auxiliary Water supplies.
(1)	Premises where there is an unapproved auxiliary water supply which is interconnected with the public water system. An RP assembly or DC assembly may be provided in lieu of an AG assembly if approved by the health agency and the city water division.	AG
(2)	Premises where there is an unapproved auxiliary water supply and there are no interconnections with the public water system. A DC assembly may be provided in lieu of an RP assembly if approved by the health agency and the city water division.	RP
(c)	Fire Protection Systems.
(1)	Premises where the fire system is directly supplied from the public water system and there is an unapproved auxiliary water supply on or to the premises (not interconnected).	DC
(2)	Premises where the fire system is supplied from the public water system and interconnected with an unapproved auxiliary water supply. An RP assembly may be provided in lieu of an AG assembly if approved by the health agency and the city water division.	AG
(3)	Premises where the fire system is supplied from the public water system and where either elevated storage tanks or fire pumps which take suction from the private reservoirs or tanks are used.	DC

(B) Two or more services supplying water from different street mains to the same building, structure, or premises through which an interstreet main flow may occur, shall have at least a standard check valve or each water service to be located adjacent to and on the property side of the respective meters. Such check valve shall not be considered adequate if backflow protection is deemed necessary to protect the city’s mains from pollution or contamination; in such cases the installation of approved backflow devices at such service connections shall be required.

(d) Backflow Prevention Devices.

(1) Approved Backflow Prevention Devices.

(A) Only backflow prevention devices which have been approved by the city water division, shall be acceptable for installation by a water user connected to the city’s potable water system.

(B) The city water division will provide, upon request, to an affected customer a list of approved backflow prevention devices.

(2) Backflow Prevention Device Installation.

(A) Backflow prevention devices shall be installed as close as possible to the water user’s building or structure. The city water division shall have the final authority in determining the required location of a backflow prevention device.

i. Air-gap Separation (AG). The air-gap separation shall be located on the user’s side of and as close to the user’s building or structure is practical. All piping from the service connection to the receiving tank shall be above grade and be entirely visible. No water use shall be provided from any point between the service connection and the air-gap separation. The water inlet piping shall terminate a distance of at least two pipe diameters of the supply inlet, but in no case less than one inch above the overflow rim of the receiving tank.

ii. Reduced Pressure Principle (RP). The approved reduced pressure principle backflow prevention device shall be located as close as practical to the user’s connection. The device shall be installed a minimum of twelve inches above grade and not more than thirty-six inches above grade measured from the bottom of the device and with a minimum of twelve inches side clearance. The device shall be installed so that it is readily accessible for maintenance and testing. Water supplied from any point between the service connection and the RP device shall be protected in a manner approved by the city.

iii. Double Check valve Assembly (DC). The approved double check valve assembly shall be located as close as practical to the user’s connection and be installed above grade, if possible and in a manner where it is readily accessible for testing and maintenance. If a double check valve assembly is put below grade, it must be installed in a vault such that there is a minimum of six inches between the bottom of the vault and the bottom of the device, so that the top of the device is no more than a maximum of eight inches below grade, so there is a minimum of six inches of clearance between the side of the device with the test cocks and the side of the vault. Special consideration must be given to double check valve assemblies of the “Y” type. These devices must be installed on their “side” with the test cocks in a vertical position so that either check valve may be removed for service without removing the device. Vaults which do not have an integrated bottom must be placed on a three-inch layer of gravel.

(3) Backflow Prevention Device Testing and Maintenance.

(A) The owners of any premises on which, or on account of which, backflow prevention devices are installed, shall have the devices tested by a person who has demonstrated their competency in testing of these individuals to the city. Backflow prevention devices must be tested at least annually and immediately after installation, relocation, or repair. The city may require a more frequent testing schedule if it is determined to be necessary. No device shall be placed back in service unless it is functioning as required. A report in a form acceptable to the city shall be filed with the city water division each time a device is tested, relocated, or repaired whenever they are found to be defective and all costs of testing, repairs, and maintenance shall be borne by the water user.

(B) The city will supply affected water users with a list of persons acceptable to the city to test backflow prevention devices. The city will notify affected customers by mail when annual testing of a device is needed and also supply users with necessary forms which must be filled out each time a device is tested or repaired

(4) Backflow Prevention Device Removal.

(A) Approval must be obtained from the city water division before a backflow prevention device is removed, relocated, or repaired.

i. Removal. The use of a device may be discontinued and the device removed from service upon presentation of sufficient evidence to the city water division to verify that a hazard no longer exists or is not likely to be created in the future.

ii. Relocation. A device may be relocated following confirmation by the city water division that the relocation will continue to provide the required protection and satisfy installation requirements. A retest will be required following the relocation of the device.

iii. Repair. A device may be removed for repair, provided the water use is either discontinued until the repair is completed and the device is returned to service, or the service connection is equipped with other backflow protection approved by the city. A retest will be required following the repair of the device.

iv. Replacement. A device may be removed for repair and replaced provided the water use is discontinued until the replacement device is installed. All replacement devices must be approved by the city water division. and must be commensurate with the degree of hazard involved.

(e) User Supervisor. At each premises where it is necessary, in the opinion of the public works director, a user supervisor shall be designated by and at the expense of the water user. This user supervisor shall be responsible for the monitoring of the backflow prevention devices and for avoidance of cross-connections. In the event of contamination or pollution of the drinking water system due to cross-connection on the premises, the public works director shall be promptly notified by the user supervisor so that appropriate measures may be taken to overcome the contamination. The water user shall inform the public works director of the user supervisor’s identity on, as a minimum, an annual basis and whenever a change occurs.

(f) Administrative Procedures.

(1) Water System Survey.

(A) The city water division shall review all requests for new services to determine if backflow protection is needed. Plans and specifications must be submitted to the water division upon request for review of possible cross-connection hazards as a condition of service for new service connections. If it is determined that a backflow prevention device is necessary to protect the public water system, the required device must be installed before service will be granted.

(B) The city water division, may require an on-premises inspection to evaluate cross-connection hazards. The water division will transmit a written notice requesting an inspection appointment to each affected water user. Any customer which cannot or will not allow an on-premise inspection of their piping system shall be required to install the backflow prevention device the city deems necessary.

(C) The water division, at its discretion, may require a reinspection for cross-connection hazards of any premise to which it serves water. The water division will transmit a written notice requesting inspection appointment to each affected water user. Any customer which cannot or will not allow an on-premise inspection of their piping system shall be required to install the backflow prevention device the city considers necessary.

(2) Customer Notification—Device Installation.

(A) The water division will notify the water user of the survey findings, listing corrective action to be taken if required. A period of sixty days will be given to complete all corrective action required including installation of backflow prevention devices.

(B) A second notice will be sent to each water user which does not take the required corrective action prescribed in the first notice within the sixty-day period allowed. The second notice will give the water user a two-week period to take the required corrective action. If no action is taken within the two-week period, the city may terminate water service to the affected water user until the required corrective actions are taken.

(3) Customer Notification Testing and Maintenance.

(A) The city will notify each affected water user when it is time for the backflow prevention device installed on their premises to be tested. This written notice shall be give the water user thirty days to have the device tested and supply the water user with the necessary form to be completed and resubmitted to the city.

(B) A second notice shall be sent to each water user which does not have his/her backflow prevention device tested as prescribed in the first notice within thirty-day period allowed. The second notice will give the water user a two-week period to have his/her backflow prevention device tested. If no action is taken within the two week period, the city may terminate water service to the affected water user until the subject device is tested.

(g) Water Service Termination.

(1) General. When the city encounters water uses that represent a clear and immediate hazard to the potable water supply that cannot be immediately abated, the city shall institute the procedure for discontinuing the city’s water service.

(2) Basis for Termination. Conditions or water uses that create a basis for water service termination shall include, but are not limited to, the following items:

(A) Refusal of entry to premises for the purpose of inspections, examinations and tests of the pipes, fixtures, or attachments used in connection with the water supply;

(B) Refusal to install a required backflow prevention device;

(D) Refusal to repair a faulty backflow prevention device;

(E) Refusal to replace a faulty backflow prevention device;

(F) Direct or indirect connection between the public waste system and a sewer line;

(G) Unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants;

(H) Unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants;

(I) A situation which presents an immediate health hazard to the public water system.

(3) Water Service Termination Procedures.

(A) For condition (A) above, the city will terminate service to a customer’s premises after giving a twenty-four hours’ notice to the owner or occupant of said premises of his intention to do so.

(B) For conditions (B), (C), (D) or (E) above, the city will terminate service to a customer’s premise after two written notices have been sent specifying the corrective action needed and the time period in which it must be done. If no action is taken within the allowed time period, water service may be terminated.

(1) Make reasonable effort to advise water user of intent to terminate water service;

(2) Terminate water supply and lock service valve. The water service will remain inactive until correction of violations has been approved by the public works director or his designated agent.

(D) Notice of termination shall include time and place of hearing to allow the customer to provide proof that the violation has been cured or evidence that the termination is based on erroneous information. (Ord. No. 1964, § 2.)

35.22 Repealed by Ordinance No. 1964.

35.23 Meters not to be bypassed.

All city water used on any premises where a meter is installed must pass through the meter, except as provided in case of private fire services. No bypass or connection between the meter and the main shall be made or maintained by the customer. (Ord. No. 1680, § 1.)

35.24 Testing of meters.

Any customer may demand that the meter through which water is being furnished be examined and tested by the department for the purpose of ascertaining whether or not it is correctly registering the amount of water which is being delivered through it. Such demand shall be made in writing to the department and shall be accompanied by a deposit in an amount established by resolution of the city council. Upon receipt of such demand, it shall be the duty of the department to cause the meter to be examined and tested for the purpose of ascertaining whether or not it is correctly registering the water being delivered through it. If, on such examination and test, the meter is found to register over three percent more water than what actually passes through it, another meter shall be substituted therefor and a fee as established by resolution of the city council shall be repaid by the person making the application, and the water bill for the current period adjusted in such a manner as the city engineer may deem fair and just. If the meter is found to register not over three percent fact, the deposit shall be forfeited to the department and the water bill paid as rendered. (Ord. No. 1680, § 1; Ord. No. 1983, § 95.)

35.25 Use of fire hydrants.

Fire hydrants are provided for the purpose of extinguishing fires, and shall be opened and used only by the department and the fire department or such persons as may be authorized to do so by the chief of the fire department and the city engineer. Persons using water, for purposes other than extinguishing fires, through fire hydrants or other hydrants owned or controlled by the city shall be required to obtain a permit to do so from the department, who shall issue no such permit to any person who has violated any of the provisions of this chapter or whose indebtedness to the city of water used or damage to hydrants is delinquent. Every person authorized to open fire hydrants will be required to replace the caps on the outlets when the same are not in use. Failure to do so will be sufficient cause to prohibit further use of the hydrants and the refusal to grant subsequent permission for the use of such fire hydrants. (Ord. No. 1680, § 1; Ord. No. 1983, § 96.)

35.26 Private fire protection.

Where a service is provided for private fire protection, a charge shall be made of time and material as established by resolution of the city council, which charge shall include the cost of installing a proportional meter. Such service shall be used only in case of fire. If any person uses such fire service for other than fire purposes, the department is authorized to collect a fee as established by resolution for each such use, and to enforce this provision by cutting of all water from the property whereon such use occurs until such fee is paid.

Fire service rates. The city council shall establish rates by resolution to apply to those requiring service, for private fire lines used exclusively for fire protection, whether the lines are connected to an automatic sprinkling system or to a hose attachment. (Ord. No. 1680, § 1; Ord. No. 1983, § 96.)

35.27 Water not to be drawn from city pipes into steam boiler, power pump, etc.

No person shall draw water from the city pipes directly into any stationary steam boiler, hydraulic elevator, power pump or similar apparatus. Where city water is used to supply a steam boiler, hydraulic elevator or power pump, its owner shall provide a tank of sufficient capacity to afford a supply for at least twelve hours, into which the service pipe shall be discharged. (Ord. No. 1680, § 1.)

35.28 Contamination of supply.

It is unlawful for any person to connect, cross-connect, maintain or install any device, receptacle, fixture, tank or any other form of installation in any building or any premises which is connected to any water line, pipe or conduit which conveys or carries any water used for domestic or human consumption, if the plan, arrangement, connection, maintenance or installation is such as to make possible any contamination or pollution of such water supply. (Ord. No. 1680, § 1.)

35.29 Inlet must discharge above high water level of tanks, cisterns, etc.—Exception.

It is unlawful for any person to install or allow to exist any inlet discharging water supplied by the department in or into any tank, cistern, reservoir or receptacle for storage or use of water on the customer’s water system, unless such inlet discharges such water above the maximum possible high water level of such tank, cistern, reservoir or other receptacle for the storage or use of water on the customer’s system.

Tanks used for the flushing of water closets equipped with an approved automatic check valve shall be exempt from the provisions of this section. (Ord. No. 1680, § 1.)

35.30 Identification of and inspections by water department employees.

Employees of the department whose duty it may be to enter upon private premises to make inspection and examination of the pipes, fixtures or attachments used in connection with the water supply shall be provided with a badge, uniform or other credentials to identify them as authorized agents of the department. Any officer or authorized employee of the department shall, upon presentation of this badge or other credentials provided for in this section, have free access at all reasonable hours to any premises supplied with city water for the purpose of making any inspection of the entire water system upon the premises. In case any authorized employee is refused admittance to any premises, or being admitted is hindered or prevented from making such examination, the city engineer may cause the water to be turned off from the premises after giving twenty-four hours’ notice to the owner or occupant of the premises of his or her intention to do so.

No person not an authorized officer or employee of the department shall have, wear or exhibit any name or credentials of the department. It shall be the duty of each officer and employee of the department, upon resignation or dismissal, forthwith to surrender and deliver at the office of the department all badges, uniforms and credentials of the department. (Ord. No. 1680, § 1; Ord. No. 1983, § 97.)

35.31 Water department to retain revenue.

All revenues received by the department under this chapter shall be retained in and used by the department. (Ord. No. 1680, § 1.)

35.32 Certain department records to be kept at least five years.

The department shall retain storeroom requisition and computerized records for a period of five years after the date appearing on the face of the records and, thereafter, shall destroy such records in accordance with applicable law. (Ord. No. 1680, § 1; Ord. No. 2066, § 8.)

35.33 Repealed by Ordinance No. 2268.

35.34 Temporary meter.

When a temporary meter is installed on a service lateral, the customer shall pay the rate established by resolution of the city council. Water rates are the same as listed in Section 35.3. (Ord. No. 1680, § 1; Ord. No. 1983, § 98.)

35.35 Exchange services.

The city engineer shall determine in all cases the credit, if any, to be allowed for an increase or decrease in service size. (Ord. No. 1680, § 1; Ord. No. 1983, § 99.)

35.36 Service lateral and meter relocations.

The customer shall pay to the department all costs incurred in moving the lateral and/or meter. The customer, in addition to the actual costs, shall pay to the department twenty percent of those costs as and for overhead. (Ord. No. 1680, § 1.)

35.37 Water pressure.

The department will endeavor to maintain above minimum pressure as recommended by the insurance services notice. In event any customer deems that pressures are inadequate, the customer may, with the approval of the department, furnish at his or her own expense whatever devices are necessary to boost the pressure for his or her own premises. The installation of such devices will require the installation of an approved backflow protective device as set forth in Section 35.21. In the event water pressures are in excess of the customer’s normal requirements, it shall be the responsibility of such customer to install such devices on his or her own premises as are necessary to reduce the pressure for his or her normal needs. (Ord. No. 1680, § 1.)

35.38 More than one service.

Two or more services supplying water to the same building, structure or premises through which a circulating flow may occur shall have an approved backflow protective device on each water service to be located adjacent to and on the property side of the respective meters. The type of devices to be installed will be determined by the department in compliance with the requirements of the county health department as deemed necessary to protect the department’s mains from pollution or contamination. (Ord. No. 1680, § 1.)

35.39 Services classes.

All services installed by the department shall be classified in one of the following categories:

(1) Domestic Service. Domestic service means the provision of water to any property for use other than fire protection.

(2) Fire Protection. Fire protection service means the provision of water to any property for standby purposes for fire sprinkler systems or fire hydrants only.

(3) Temporary Service. Temporary service means the installation of a meter on a service lateral or fire hydrant that will not be used permanently. (Ord. No. 1680, § 1.)

35.40 Supplying another person.

Each house or building under separate ownership must be provided with a separate service connection and meter. Two or more houses under one ownership and on the same lot or parcel of land must be supplied by individual or separate service connections and meters except in the case of a court, or in case a house is located on the rear of an inside lot, one service and meter may be installed by the owner to cover more than one house or building.

The department, however, reserves the right to limit the number of houses or the area of land under one ownership to be supplied by one service connection. Not more than one service connection for domestic or commercial supply shall be installed for one building, except under special conditions and with approval of the city engineer.

If property provided with a service connection is subdivided, such service connection shall be considered as belonging to the lot or parcel of land which it directly enters.

A service connection shall not be used to supply property of a different owner, or to supply property of the same owner across a street or alley. (Ord. No. 1680, § 1; Ord. No. 1983, § 100.)

ARTICLE II. WATER CONSERVATION

35.41 Hose use.

It shall be unlawful for any person to use water in any fashion to hose down any area that can be swept with a broom, except for sanitary purposes. (Ord. No. 1992, § 1.)

35.42 Runoff.

It shall be unlawful for any reason to allow water to run in such a manner so as to have runoff overflowing the walkway on private property or the sidewalk on public property. Where no sidewalk exists, water shall not be used in any way so as to flow over the curb or into any gutter or street, private or otherwise. (Ord. No. 1992 § 2.)

35.43 Water landscape.

It shall be unlawful for any person to water landscaping, including lawn area, between the hours of nine a.m. and five p.m. Lawn areas shall be deep soaked, but in no case longer than fifteen minutes per station or location or in violation of Section 35.42 of this chapter. Drip irrigation is exempt. (Ord. No. 1992, § 3; Ord. No. 1995, § 1.)

35.44 Washing vehicles.

It shall be unlawful for anyone to wash any vehicle, trailer or boat by allowing any hose to run continuously. For the purpose of this section, continuously shall mean three minutes or more. Said hose shall be equipped with a position shutoff nozzle. (Ord. No. 1992, § 4.)

35.45 Serving water in restaurants.

No restaurant or other public place where food is sold, served or offered for sale shall serve drinking water to any customer unless expressly requested by the customer. (Ord. No. 1992, § 5.)

35.46 Repair all leaks.

All customers shall repair all leaks from indoor and outdoor plumbing fixtures within twenty-four hours of discovery or notification either verbally or in writing by any city employee. (Ord. No. 1992, § 6.)

35.47 Decorative structures.

No water shall be used to clean, fill or maintain levels in decorative fountains, ponds or other similar aesthetic structures unless such water is a part of a recycling system. (Ord. No. 1992, § 7.)

35.48 Enforcement.

The city may, after one written warning, install a flow-restricting device on the service line of any customer observed by city personnel to be using water for any nonessential or unauthorized use as defined in this chapter. The restricting device may be removed only by the city and only after a two-day period following payment of removal charges. Removal charges will be fifty dollars for meter size five-eighths inch to one inch; one hundred dollars for meter size one and one-half inches to two inches; actual cost for meter size three inches and larger. This section shall not limit the city from seeking other legal remedies. (Ord. No. 1992, § 8.)

ARTICLE III. WATER EFFICIENT LANDSCAPE

35.50 Purpose.

(a) On April 1, 2015, Governor Brown issued Executive Order No. B-29-15 directing the California Department of Water Resources to update the state’s model water efficient landscape ordinance, previously adopted in 2010 under the Water Conservation in Landscaping Act (Cal. Gov’t Code § 65591 et seq.). Local agencies, consistent with the Department of Water Resources’ regulations and the Water Conservation in Landscaping Act, must adopt the model ordinance (as set forth in Cal. Code Regs. Title 23, Division 2, Chapter 2.7) or a water efficient landscape ordinance that is, based on evidence in the record, at least as effective in conserving water as the model ordinance. With this Article III of Chapter 35 SPMC, the city has adopted the state’s 2015 model ordinance.

(b) The Legislature, in the Water Conservation in Landscaping Act, found:

(1) That the waters of the state are of limited supply and are subject to ever increasing demands;

(2) That the continuation of California’s economic prosperity is dependent on the availability of adequate supplies of water for future uses;

(3) That it is the policy of the state to promote the conservation and efficient use of water and to prevent the waste of this valuable resource;

(4) That landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development;

(5) That landscape design, installation, maintenance and management can and should be water efficient;

(6) That Section 2 of Article X of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served and the right does not and shall not extend to waste or unreasonable method of use.

(b) Consistent with the legislative findings, the purpose of this article is to:

(1) Promote the values and benefits of landscaping practices that integrate and go beyond the conservation and efficient use of water;

(2) Establish a structure for planning, designing, installing, maintaining and managing water efficient landscapes in new construction and rehabilitated projects by encouraging the use of a watershed approach that requires cross-sector collaboration of industry, government and property owners to achieve the many benefits possible;

(3) Establish provisions for water management practices and water waste prevention for existing landscapes;

(4) Use water efficiently without waste by setting a maximum applied water allowance as an upper limit for water use and reduce water use to the lowest practical amount;

(5) Promote the benefits of consistent landscape ordinances with neighboring local and regional agencies;

(6) Encourage local agencies and water purveyors to use economic incentives that promote the efficient use of water, such as implementing a tiered-rate structure; and

(7) Encourage local agencies to designate the necessary authority that implements and enforces the provisions of the model water efficient landscape ordinance or its local landscape ordinance.

(c) Landscapes that are planned, designed, installed, managed and maintained with the watershed based approach can improve California’s environmental conditions and provide benefits and realize sustainability goals. Such landscapes will make the urban environment resilient in the face of climatic extremes. Consistent with the legislative findings and purpose of this article, conditions in the urban setting will be improved by:

(1) Creating the conditions to support life in the soil by reducing compaction, incorporating organic matter that increases water retention, and promoting productive plant growth that leads to more carbon storage, oxygen production, shade, habitat and aesthetic benefits.

(2) Minimizing energy use by reducing irrigation water requirements, reducing reliance on petroleum based fertilizers and pesticides, and planting climate appropriate shade trees in urban areas.

(3) Conserving water by capturing and reusing rainwater and graywater wherever possible and selecting climate appropriate plants that need minimal supplemental water after establishment.

(4) Protecting air and water quality by reducing power equipment use and landfill disposal trips, selecting recycled and locally sourced materials, and using compost, mulch and efficient irrigation equipment to prevent erosion.

(5) Protecting existing habitat and creating new habitat by choosing local native plants, climate adapted nonnatives and avoiding invasive plants. Utilizing integrated pest management with least toxic methods as the first course of action. (Ord. No. 2293, § 1, 2016.)

35.51 Applicability.

(a) After December 1, 2015, and consistent with Executive Order No. B-29-15, this article shall apply to all of the following landscape projects:

(1) New construction projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check or design review;

(2) Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, or design review;

(3) Existing landscapes limited to SPMC 35.70, 35.71 and 35.72; and

(4) Cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to SPMC 35.56, 35.63, and 35.64; and existing cemeteries are limited to SPMC 35.70, 35.71, and 35.72.

(b) For local land use agencies working together to develop a regional water efficient landscape ordinance, the reporting requirements of this article shall become effective December 1, 2015, and the remainder of this article shall be effective no later than February 1, 2016.

(c) Any project with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements of this article or conform to the prescriptive measures contained in SPMC 35.76.

(d) For projects using treated or untreated graywater or rainwater captured on site, any lot or parcel within the project that has less than 2,500 square feet of landscape and meets the lot or parcel’s landscape water requirement (estimated total water use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to SPMC 35.76(b)(5).

(e) This article does not apply to:

(1) Registered local, state or federal historical sites;

(2) Ecological restoration projects that do not require a permanent irrigation system;

(3) Mined land reclamation projects that do not require a permanent irrigation system; or

(4) Existing plant collections, as part of botanical gardens and arboretums open to the public. (Ord. No. 2293, § 1, 2016.)

35.52 Definitions.

The terms used in this article have the meaning set forth below:

“Applied water” means the portion of water supplied by the irrigation system to the landscape.

“Automatic irrigation controller” means a timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers are able to self-adjust and schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data.

“Backflow prevention device” means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

“Certificate of completion” means the document required under SPMC 35.61.

“Certified irrigation designer” means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the U.S. Environmental Protection Agency’s WaterSense irrigation designer certification program and Irrigation Association’s Certified Irrigation Designer program.

“Certified landscape irrigation auditor” means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the U.S. Environmental Protection Agency’s WaterSense irrigation auditor certification program and Irrigation Association’s Certified Landscape Irrigation Auditor program.

“Check valve” or “anti-drain valve” means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.

“Common interest developments” means community apartment projects, condominium projects, planned developments, and stock cooperatives per Cal. Civil Code § 1351.

“Compost” means the safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth.

“Conversion factor (0.62)” means the number that converts acre-inches per acre per year to gallons per square foot per year.

“Distribution uniformity” means the measure of the uniformity of irrigation water over a defined area.

“Drip irrigation” means any nonspray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

“Ecological restoration project” means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

“Effective precipitation” or “usable rainfall” (Eppt) means the portion of total precipitation which becomes available for plant growth.

“Emitter” means a drip irrigation emission device that delivers water slowly from the system to the soil.

“Established landscape” means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth.

“Establishment period of the plants” means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. Native habitat mitigation areas and trees may need three to five years for establishment.

“Estimated total water use” (ETWU) means the total water used for the landscape as described in SPMC 35.56.

“ET adjustment factor” (ETAF) means a factor of 0.55 for residential areas and 0.45 for nonresidential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (nonrehabilitated) special landscape areas shall not exceed 1.0. The ETAF for existing nonrehabilitated landscapes is 0.8.

“Evapotranspiration rate” means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.

“Flow rate” means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second.

“Flow sensor” means an inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller, or flow monitor capable of receiving flow signals and operating master valves. This combination flow sensor/controller may also function as a landscape water meter or submeter.

“Friable” means a soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded.

“Fuel modification plan guideline” means guidelines from a local fire authority to assist residents and businesses that are developing land or building structures in a fire hazard severity zone.

“Graywater” means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. “Graywater” includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers. Cal. Health & Safety Code § 17922.12.

“Hardscapes” means any durable material (pervious and nonpervious).

“Hydrozone” means a portion of the landscaped area having plants with similar water needs and rooting depth. A hydrozone may be irrigated or nonirrigated.

“Infiltration rate” means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).

“Invasive plant species” means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database.

“Irrigation audit” means an in-depth evaluation of the performance of an irrigation system conducted by a certified landscape irrigation auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation Association’s Landscape Irrigation Auditor certification program or other U.S. Environmental Protection Agency WaterSense labeled auditing program.

“Irrigation efficiency” (IE) means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of this article are 0.75 for overhead spray devices and 0.81 for drip systems.

“Irrigation survey” means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system.

“Irrigation water use analysis” means an analysis of water use data based on meter readings and billing data.

“Landscape architect” means a person who holds a license to practice landscape architecture in the state of Cal. Bus. & Prof. Code § 5615.

“Landscape area” means all the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or nonpervious hardscapes, and other nonirrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation).

“Landscape contractor” means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

“Landscape documentation package” means the documents required under SPMC 35.55.

“Landscape project” means total area of landscape in a project as defined in “landscape area” for the purposes of this article, meeting requirements under SPMC 35.51.

“Landscape water meter” means an inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use.

“Lateral line” means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.

“Local agency” means a city or county, including a charter city or charter county, that is responsible for adopting and implementing this article. The local agency is also responsible for the enforcement of this article, including but not limited to, approval of a permit and plan check or design review of a project.

“Local water purveyor” means any entity, including a public agency, city, county, or private water company that provides retail water service.

“Low volume irrigation” means the application of irrigation water at low pressure through a system of tubing or lateral lines and low volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

“Main line” means the pressurized pipeline that delivers water from the water source to the valve or outlet.

“Master shut-off valve” is an automatic valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve.

“Maximum applied water allowance” (MAWA) means the upper limit of annual applied water for the established landscaped area as specified in SPMC 35.56. It is based upon the area’s reference evapotranspiration, the ET adjustment factor, and the size of the landscape area. The estimated total water use shall not exceed the maximum applied water allowance. Special landscape areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0. MAWA = (ETo) (0.62) [(ETAF x LA) + ((1 - ETAF) x SLA)].

“Median” is an area between opposing lanes of traffic that may be unplanted or planted with trees, shrubs, perennials, and ornamental grasses.

“Microclimate” means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces.

“Mined land reclamation projects” means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.

“Mulch” means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

“New construction” means, for the purposes of this article, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building.

“Nonresidential landscape” means landscapes in commercial, institutional, industrial and public settings that may have areas designated for recreation or public assembly. It also includes portions of common areas of common interest developments with designated recreational areas.

“Operating pressure” means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate.

“Overhead sprinkler irrigation systems” or “overhead spray irrigation systems” means systems that deliver water through the air (e.g., spray heads and rotors).

“Overspray” means the irrigation water which is delivered beyond the target area.

“Parkway” means the area between a sidewalk and the curb or traffic lane. It may be planted or unplanted, and with or without pedestrian egress.

“Permit” means an authorizing document issued by local agencies for new construction or rehabilitated landscapes.

“Pervious” means any surface or material that allows the passage of water through the material and into the underlying soil.

“Plant factor” or “plant water use factor” is a factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this article, the plant factor range for very low water use plants is 0 to 0.1, the plant factor range for low water use plants is 0.1 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this article are derived from the publication “Water Use Classification of Landscape Species.” Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR).

“Project applicant” means the individual or entity submitting a landscape documentation package required under SPMC 35.55, to request a permit, plan check, or design review from the local agency. A project applicant may be the property owner or his or her designee.

“Rain sensor” or “rain sensing shutoff device” means a component which automatically suspends an irrigation event when it rains.

“Record drawing” or “as-built” means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.

“Recreational area” means areas, excluding private single family residential areas, designated for active play, recreation or public assembly in parks, sports fields, picnic grounds, amphitheaters or golf course tees, fairways, roughs, surrounds and greens.

“Recycled water,” “reclaimed water,” or “treated sewage effluent water” means treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation and water features. This water is not intended for human consumption.

“Reference evapotranspiration” or “ETo” means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in SPMC 35.75, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowances so that regional differences in climate can be accommodated.

“Regional water efficient landscape ordinance” means a local ordinance adopted by two or more local agencies, water suppliers and other stakeholders for implementing a consistent set of landscape provisions throughout a geographical region. Regional ordinances are strongly encouraged to provide a consistent framework for the landscape industry and applicants to adhere to.

“Rehabilitated landscape” means any relandscaping project that requires a permit, plan check, or design review, meets the requirements of SPMC 35.51, and the modified landscape area is equal to or greater than 2,500 square feet.

“Residential landscape” means landscapes surrounding single or multifamily homes.

“Runoff” means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, run off may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.

“Soil moisture sensing device” or “soil moisture sensor” means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.

“Soil texture” means the classification of soil based on its percentage of sand, silt, and clay.

“Special landscape area” (SLA) means an area of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water, or water features using recycled water.

“Sprinkler head” or “spray head” means a device which delivers water through a nozzle.

“Static water pressure” means the pipeline or municipal water supply pressure when water is not flowing.

“Station” means an area served by one valve or by a set of valves that operate simultaneously.

“Swing joint” means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.

“Submeter” means a metering device to measure water applied to the landscape that is installed after the primary utility water meter.

“Turf” means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue, and tall fescue are cool season grasses. Bermudagrass, Kikuyugrass, seashore paspalum, St. Augustine grass, zoysiagrass, and buffalo grass are warm season grasses.

“Valve” means a device used to control the flow of water in the irrigation system.

“Water conserving plant species” means a plant species identified as having a very low or low plant factor.

“Water feature” means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or storm water best management practices that are not irrigated and used solely for water treatment or storm water retention are not water features and, therefore, are not subject to the water budget calculation.

“Watering window” means the time of day irrigation is allowed.

“WUCOLS” means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension and the Department of Water Resources 2014. (Ord. No. 2293, § 1, 2016.)

35.53 Provisions for new construction or rehabilitated landscapes.

A local agency may designate by mutual agreement, another agency, such as a water purveyor, to implement some or all of the requirements contained in this article. Local agencies may collaborate with water purveyors to define each entity’s specific responsibilities relating to this article. (Ord. No. 2293, § 1, 2016.)

35.54 Compliance with landscape documentation package.

(a) Prior to construction, the local agency shall:

(1) Provide the project applicant with this article and procedures for permits, plan checks or design reviews;

(2) Review the landscape documentation package submitted by the project applicant;

(3) Approve or deny the landscape documentation package;

(4) Issue a permit or approve the plan check or design review for the project applicant; and

(5) Upon approval of the landscape documentation package, submit a copy of the water efficient landscape worksheet to the local water purveyor.

(b) Prior to construction, the project applicant shall:

(1) Submit a landscape documentation package to the local agency.

(1) Receive a permit or approval of the plan check or design review and record the date of the permit in the certificate of completion;

(2) Submit a copy of the approved landscape documentation package along with the record drawings, and any other information to the property owner or his/her designee; and

(3) Submit a copy of the water efficient landscape worksheet to the local water purveyor. (Ord. No. 2293, § 1, 2016.)

35.55 Elements of the landscape documentation package.

(a) The landscape documentation package shall include the following six elements:

(1) Project information:

(A) Date;

(B) Project applicant;

(D) Total landscape area (square feet);

(E) Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed);

(F) Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well;

(G) Checklist of all documents in landscape documentation package;

(H) Project contacts to include contact information for the project applicant and property owner;

(I) Applicant signature and date with statement, “I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete landscape documentation package”;

(2) Water efficient landscape worksheet:

(A) Hydrozone information table;

(B) Water budget calculations:

1. Maximum applied water allowance (MAWA);

2. Estimated total water use (ETWU);

(3) Soil management report;

(4) Landscape design plan;

(5) Irrigation design plan; and

(6) Grading design plan. (Ord. No. 2293, § 1, 2016.)

35.56 Water efficient landscape worksheet.

(a) A project applicant shall complete the water efficient landscape worksheet, available from the city, which contains information on the plant factor, irrigation method, irrigation efficiency, and area associated with each hydrozone. Calculations are then made to show that the evapotranspiration adjustment factor (ETAF) for the landscape project does not exceed a factor of 0.55 for residential areas and 0.45 for nonresidential areas, exclusive of special landscape areas. The ETAF for a landscape project is based on the plant factors and irrigation methods selected. The maximum applied water allowance is calculated based on the maximum ETAF allowed (0.55 for residential areas and 0.45 for nonresidential areas) and expressed as annual gallons required. The estimated total water use (ETWU) is calculated based on the plants used and irrigation method selected for the landscape design. ETWU must be below the MAWA.

(1) In calculating the maximum applied water allowance and estimated total water use, a project applicant shall use the ETo values from the reference evapotranspiration table in SPMC 35.75.

(b) Water budget calculations shall adhere to the following requirements:

(1) The plant factor used shall be from WUCOLS or from horticultural researchers with academic institutions or professional associations as approved by the California Department of Water Resources (DWR). The plant factor ranges from 0 to 0.1 for very low water using plants, 0.1 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants.

(2) All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone.

(3) All special landscape areas shall be identified and their water use calculated in the water efficient landscape worksheet, available from the city.

(4) ETAF for new and existing (nonrehabilitated) special landscape areas shall not exceed 1.0. (Ord. No. 2293, § 1, 2016.)

35.57 Soil management report.

(a) In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or his/her designee, as follows:

(1) Submit soil samples to a laboratory for analysis and recommendations.

(A) Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants.

(B) The soil analysis shall include:

1. Soil texture;

2. Infiltration rate determined by laboratory test or soil texture infiltration rate table;

3. pH;

4. Total soluble salts;

5. Sodium;

6. Percent organic matter; and

7. Recommendations.

(C) In projects with multiple landscape installations (i.e., production home developments) a soil sampling rate of one in seven lots or approximately 15 percent will satisfy this requirement. Large landscape projects shall sample at a rate equivalent to one in seven lots.

(2) The project applicant, or his/her designee, shall comply with one of the following:

(A) If significant mass grading is not planned, the soil analysis report shall be submitted to the local agency as part of the landscape documentation package; or

(B) If significant mass grading is planned, the soil analysis report shall be submitted to the local agency as part of the certificate of completion.

(3) The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans.

(4) The project applicant, or his/her designee, shall submit documentation verifying implementation of soil analysis report recommendations to the local agency with certificate of completion. (Ord. No. 2293, § 1, 2016.)

35.58 Landscape design plan.

(a) For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the landscape documentation package.

(1) Plant Material.

(A) Any plant may be selected for the landscape, providing the estimated total water use in the landscape area does not exceed the maximum applied water allowance. Methods to achieve water efficiency shall include one or more of the following:

1. Protection and preservation of native species and natural vegetation;

2. Selection of water-conserving plant, tree and turf species, especially local native plants;

3. Selection of plants based on local climate suitability, disease and pest resistance;

4. Selection of trees based on applicable local tree ordinances or tree shading guidelines, and size at maturity as appropriate for the planting area;

5. Selection of plants from local and regional landscape program plant lists; and

6. Selection of plants from local fuel modification plan guidelines.

(B) Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in SPMC 35.59(a)(2)(D).

(C) Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. Methods to achieve water efficiency shall include one or more of the following:

1. Use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate;

2. Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure (e.g., buildings, sidewalks, power lines); allow for adequate soil volume for healthy root growth; and

3. Consider the solar orientation for plant placement to maximize summer shade and winter solar gain.

(D) Turf is not allowed on slopes greater than 25 percent where the toe of the slope is adjacent to an impermeable hardscape and where 25 percent means one foot of vertical elevation change for every four feet of horizontal length (rise divided by run x 100 = slope percent).

(E) High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians.

(F) A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Cal. Pub. Res. Code § 4291, subdivisions (a) and (b). Avoid fire-prone plant materials and highly flammable mulches. Refer to the local fuel modification plan guidelines.

(G) The use of invasive plant species, such as those listed by the California Invasive Plant Council, is strongly discouraged.

(H) The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group.

(2) Water Features.

(A) Recirculating water systems shall be used for water features.

(B) Where available, recycled water shall be used as a source for decorative water features.

(C) Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation.

(D) Pool and spa covers are highly recommended.

(3) Soil Preparation, Mulch and Amendments.

(A) Prior to the planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need meet this requirement.

(B) Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected (see SPMC 35.57).

(C) For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than six percent organic matter in the top six inches of soil are exempt from adding compost and tilling.

(D) A minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to five percent of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.

(E) Stabilizing mulching products shall be used on slopes that meet current engineering standards.

(F) The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement.

(G) Organic mulch materials made from recycled or post-consumer shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.

(b) The landscape design plan, at a minimum, shall:

(1) Delineate and label each hydrozone by number, letter, or other method;

(2) Identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation;

(3) Identify recreational areas;

(4) Identify areas permanently and solely dedicated to edible plants;

(5) Identify areas irrigated with recycled water;

(6) Identify type of mulch and application depth;

(7) Identify soil amendments, type, and quantity;

(8) Identify type and surface area of water features;

(9) Identify hardscapes (pervious and nonpervious);

(10) Identify location, installation details, and 24-hour retention or infiltration capacity of any applicable storm water best management practices that encourage on-site retention and infiltration of stormwater. Project applicants shall refer to the local agency or regional water quality control board for information on any applicable storm water technical requirements. Storm water best management practices are encouraged in the landscape design plan and examples are provided in SPMC 35.68;

(11) Identify any applicable rain harvesting or catchment technologies as discussed in SPMC 35.68 and their 24-hour retention or infiltration capacity;

(12) Identify any applicable graywater discharge piping, system components and area(s) of distribution;

(13) Contain the following statement: “I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan”; and

(14) Bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. (See Cal. Bus. & Prof. Code §§ 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, and 7027.5, Cal. Code Regs. Title 16, § 832.27, and Cal. Food & Agric. Code § 6721.) (Ord. No. 2293, § 1, 2016.)

35.59 Irrigation design plan.

(a) This section applies to landscaped areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers’ recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the landscape documentation package.

(1) System.

(A) Landscape water meters, defined as either a dedicated water service meter or private submeter, shall be installed for all nonresidential irrigated landscapes of 1,000 square feet but not more than 5,000 square feet (the level at which Cal. Water Code § 535 applies) and residential irrigated landscapes of 5,000 square feet or greater. A landscape water meter may be either:

1. A customer service meter dedicated to landscape use provided by the local water purveyor; or

2. A privately owned meter or submeter.

(B) Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing nonvolatile memory shall be required for irrigation scheduling in all irrigation systems.

(C) If the water pressure is below or exceeds the recommended pressure of the specified irrigation devices, the installation of a pressure regulating device is required to ensure that the dynamic pressure at each emission device is within the manufacturer’s recommended pressure range for optimal performance.

1. If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure-regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system.

2. Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation.

(D) Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain.

(E) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair.

(F) Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the applicable local agency code (i.e., public health) for additional backflow prevention requirements.

(G) Flow sensors that detect high flow conditions created by system damage or malfunction are required for all on nonresidential landscapes and residential landscapes of 5,000 square feet or larger.

(H) Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features.

(I) The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto nontargeted areas, such as adjacent property, nonirrigated areas, hardscapes, roadways, or structures.

(J) Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems.

(K) The design of the irrigation system shall conform to the hydrozones of the landscape design plan.

(L) The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in SPMC 35.56 regarding the maximum applied water allowance.

(M) All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers’/International Code Council’s (ASABE/ICC) 802-2014 Landscape Irrigation Sprinkler and Emitter Standard. All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.

(N) It is highly recommended that the project applicant or local agency inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system.

(O) In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone.

(P) Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer’s recommendations.

(Q) Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer’s recommendations.

(R) Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to hardscapes or in high traffic areas of turf grass.

(S) Check valves or anti-drain valves are required on all sprinkler heads where low point drainage could occur.

(T) Areas less than 10 feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray.

(U) Overhead irrigation shall not be permitted within 24 inches of any nonpermeable surface. Allowable irrigation within the setback from nonpermeable surfaces may include drip, drip line, or other low flow nonspray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if:

1. The landscape area is adjacent to permeable surfacing and no runoff occurs; or

2. The adjacent nonpermeable surfaces are designed and constructed to drain entirely to landscaping; or

3. The irrigation designer specifies an alternative design or technology as part of the landscape documentation package and clearly demonstrates strict adherence to irrigation system design criteria in subsection (a)(1)(I) of this section. Prevention of overspray and runoff must be confirmed during the irrigation audit.

(V) Slopes greater than 25 percent shall not be irrigated with an irrigation system with an application rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the landscape documentation package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit.

(2) Hydrozone.

(A) Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use.

(B) Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.

(C) Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree.

(D) Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if:

1. Plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or

2. The plant factor of the higher water using plant is used for calculations.

(E) Individual hydrozones that mix high and low water use plants shall not be permitted.

(F) On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. The irrigation design plan shall also designate the areas irrigated by each valve, and assign a number to each valve. This valve number must be identified in the hydrozone information table of the water efficient landscape worksheet available from the city. This table can also assist with the irrigation audit and programming the controller.

(b) The irrigation design plan, at a minimum, shall contain:

(1) Location and size of separate water meters for landscape;

(2) Location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices;

(3) Static water pressure at the point of connection to the public water supply;

(4) Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station;

(5) Recycled water irrigation systems as specified in SPMC 35.66;

(6) The following statement: “I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan”; and

(7) The signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. (See Cal. Bus. & Prof. Code §§ 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, and 7027.5, Cal. Code Regs. Title 16, § 832.27, and Cal. Food & Agric. Code § 6721.) (Ord. No. 2293, § 1, 2016.)

35.60 Grading design plan.

(a) For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan shall be submitted as part of the landscape documentation package. A comprehensive grading plan prepared by a civil engineer for other local agency permits satisfies this requirement.

(1) The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including:

(A) Height of graded slopes;

(B) Drainage patterns;

(D) Finish grade; and

(E) Storm water retention improvements, if applicable.

(2) To prevent excessive erosion and runoff, it is highly recommended that project applicants:

(A) Grade so that all irrigation and normal rainfall remains within property lines and does not drain onto nonpermeable hardscapes;

(B) Avoid disruption of natural drainage patterns and undisturbed soil; and

(3) The grading design plan shall contain the following statement: “I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the grading design plan” and shall bear the signature of a licensed professional as authorized by law. (Ord. No. 2293, § 1, 2016.)

35.61 Certificate of completion.

(a) The certificate of completion, for which the form is available from the city, shall include the following six elements:

(1) Project information sheet that contains:

(A) Date;

(B) Project name;

(D) Project address and location; and

(E) Property owner name, telephone, and mailing address;

(2) Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved landscape documentation package.

(A) Where there have been significant changes made in the field during construction, these “as-built” or record drawings shall be included with the certification;

(B) A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes;

(3) Irrigation scheduling parameters used to set the controller (see SPMC 35.62);

(4) Landscape and irrigation maintenance schedule (see SPMC 35.63);

(5) Irrigation audit report (see SPMC 35.64); and

(6) Soil analysis report, if not submitted with landscape documentation package, and documentation verifying implementation of soil report recommendations (see SPMC 35.57).

(b) The project applicant shall:

(1) Submit the signed certificate of completion to the local agency for review;

(2) Ensure that copies of the approved certificate of completion are submitted to the local water purveyor and property owner or his or her designee.

(1) Receive the signed certificate of completion from the project applicant;

(2) Approve or deny the certificate of completion. If the certificate of completion is denied, the local agency shall provide information to the project applicant regarding reapplication, appeal, or other assistance. (Ord. No. 2293, § 1, 2016.)

35.62 Irrigation scheduling.

(a) For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria:

(1) Irrigation scheduling shall be regulated by automatic irrigation controllers.

(2) Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the local water purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

(3) For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the estimated total water use. Total annual applied water shall be less than or equal to maximum applied water allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data.

(4) Parameters used to set the automatic controller shall be developed and submitted for each of the following:

(A) The plant establishment period;

(B) The established landscape; and

(5) Each irrigation schedule shall consider for each station all of the following that apply:

(A) Irrigation interval (days between irrigation);

(B) Irrigation run times (hours or minutes per irrigation event to avoid runoff);

(D) Amount of applied water scheduled to be applied on a monthly basis;

(E) Application rate setting;

(F) Root depth setting;

(G) Plant type setting;

(H) Soil type;

(I) Slope factor setting;

(J) Shade factor setting; and

(K) Irrigation uniformity or efficiency setting. (Ord. No. 2293, § 1, 2016.)

35.63 Landscape and irrigation maintenance schedule.

(a) Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the certificate of completion.

(b) A regular maintenance schedule shall include, but not be limited to, routine inspection; auditing, adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; topdressing with compost, replenishing mulch; fertilizing; pruning; weeding in all landscape areas; and removing obstructions to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

(c) Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components with greater efficiency.

(d) A project applicant is encouraged to implement established landscape industry sustainable best practices for all landscape maintenance activities. (Ord. No. 2293, § 1, 2016.)

35.64 Irrigation audit, irrigation survey, and irrigation water use analysis.

(a) All landscape irrigation audits shall be conducted by a local agency landscape irrigation auditor or a third party certified landscape irrigation auditor. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape.

(b) In large projects or projects with multiple landscape installations (i.e., production home developments) an auditing rate of one in seven lots or approximately 15 percent will satisfy this requirement.

(c) For new construction and rehabilitated landscape projects installed after December 1, 2015, as described in SPMC 35.51:

(1) The project applicant shall submit an irrigation audit report with the certificate of completion to the local agency that may include, but is not limited to: inspection, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure and any other factors necessary for accurate programming;

(2) The local agency shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the maximum applied water allowance. (Ord. No. 2293, § 1, 2016.)

35.65 Irrigation efficiency.

For the purpose of determining estimated total water use, average irrigation efficiency is assumed to be 0.75 for overhead spray devices and 0.81 for drip system devices. (Ord. No. 2293, § 1, 2016.)

35.66 Recycled water.

(a) The installation of recycled water irrigation systems shall allow for the current and future use of recycled water.

(b) All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and state laws.

(c) Landscapes using recycled water are considered special landscape areas. The ET adjustment factor for new and existing (nonrehabilitated) special landscape areas shall not exceed 1.0. (Ord. No. 2293, § 1, 2016.)

35.67 Graywater systems.

Graywater systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable local ordinance standards. Refer to SPMC 35.51(d) for the applicability of this article to landscape areas less than 2,500 square feet with the estimated total water use met entirely by graywater. (Ord. No. 2293, § 1, 2016.)

35.68 Stormwater management and rainwater retention.

(a) Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on-site rainwater retention and infiltration are encouraged.

(b) Project applicants shall refer to the local agency or regional water quality control board for information on any applicable stormwater technical requirements.

(c) All planted landscape areas are required to have friable soil to maximize water retention and infiltration. Refer to SPMC 35.58(a)(3).

(d) It is strongly recommended that landscape areas be designed for capture and infiltration capacity that is sufficient to prevent runoff from impervious surfaces (i.e. roof and paved areas) from either: (1) the one-inch, 24-hour rain event or (2) the eighty-fifth percentile, 24-hour rain event, and/or additional capacity as required by any applicable local, regional, state or federal regulation.

(e) It is recommended that storm water projects incorporate any of the following elements to improve on-site storm water and dry weather runoff capture and use:

(1) Grade impervious surfaces, such as driveways, during construction to drain to vegetated areas.

(2) Minimize the area of impervious surfaces such as paved areas, roof and concrete driveways.

(3) Incorporate pervious or porous surfaces (e.g., gravel, permeable pavers or blocks, pervious or porous concrete) that minimize runoff.

(4) Direct runoff from paved surfaces and roof areas into planting beds or landscaped areas to maximize site water capture and reuse.

(5) Incorporate rain gardens, cisterns, and other rain harvesting or catchment systems.

(6) Incorporate infiltration beds, swales, basins and drywells to capture storm water and dry weather runoff and increase percolation into the soil.

(7) Consider constructed wetlands and ponds that retain water, equalize excess flow, and filter pollutants. (Ord. No. 2293, § 1, 2016.)

35.69 Public education.

(a) Publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management and maintenance that save water is encouraged in the community.

(1) A local agency or water supplier/purveyor shall provide information to owners of permitted renovations and new, single-family residential homes regarding the design, installation, management, and maintenance of water efficient landscapes based on a water budget.

(b) Model Homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this article.

(1) Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme. Signage shall include information about the site water use as designed per the local ordinance; specify who designed and installed the water efficient landscape; and demonstrate low water use approaches to landscaping such as using native plants, graywater systems, and rainwater catchment systems.

(2) Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes. (Ord. No. 2293, § 1, 2016.)

35.70 Provisions for existing landscaping.

A local agency may by mutual agreement designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this article. Local agencies may collaborate with water purveyors to define each entity’s specific responsibilities relating to this article. (Ord. No. 2293, § 1, 2016.)

35.71 Irrigation audit, irrigation survey, and irrigation water use analysis—Existing landscapes.

(a) This section shall apply to all existing landscapes that were installed before December 1, 2015, and are over one acre in size.

(1) For all landscapes described in subsection (a) of this section that have a water meter, the local agency shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the maximum applied water allowance for existing landscapes. The maximum applied water allowance for existing landscapes shall be calculated as: MAWA= (0.8) (ETo) (LA) (0.62).

(2) For all landscapes described in subsection (a) of this section that do not have a meter, the local agency shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste.

(b) All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. (Ord. No. 2293, § 1, 2016.)

35.72 Water waste prevention.

(a) Local agencies shall prevent water waste resulting from inefficient landscape irrigation by prohibiting runoff from leaving the target landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, parking lots, or structures. Penalties for violation of these prohibitions shall be established locally.

(b) Restrictions regarding overspray and runoff may be modified if:

(1) The landscape area is adjacent to permeable surfacing and no runoff occurs; or

(2) The adjacent nonpermeable surfaces are designed and constructed to drain entirely to landscaping. (Ord. No. 2293, § 1, 2016.)

35.73 Effective precipitation.

A local agency may consider effective precipitation (25 percent of annual precipitation) in tracking water use and may use the following equation to calculate maximum applied water allowance:

MAWA = (ETo - Eppt) (0.62) [(0.55 x LA) + (0.45 x SLA)] for residential areas.

MAWA = (ETo - Eppt) (0.62) [(0.45 x LA) + (0.55 x SLA)] for nonresidential areas. (Ord. No. 2293, § 1, 2016.)

35.74 Penalties.

In addition to any other authority available to enforce violations of this municipal code, the city may establish and administer additional penalties to the project applicant for noncompliance with this article to the extent permitted by law. (Ord. No. 2293, § 1, 2016.)

35.75 Reference evapotranspiraton (ETo) table.

Table A — South Pasadena Reference Evapotranspiration (2015)
Jan	Feb	Mar	Apr	May	Jun	Jul	Aug	Sept	Oct	Nov	Dec	Year
2.1	2.7	3.7	4.7	5.1	6.0	7.1	6.7	5.6	4.2	2.6	2	52.3

(Ord. No. 2293, § 1, 2016.)

35.76 Prescriptive compliance option.

(a) This section contains prescriptive requirements which may be used as a compliance option to the model water efficient landscape ordinance.

(b) Compliance with the following items is mandatory and must be documented on a landscape plan in order to use the prescriptive compliance option:

(1) Submit a landscape documentation package which includes the following elements:

(A) Date;

(B) Project applicant;

(D) Total landscape area (square feet), including a breakdown of turf and plant material;

(E) Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed);

(F) Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well;

(G) Contact information for the project applicant and property owner;

(H) Applicant signature and date with statement, “I agree to comply with the requirements of the prescriptive compliance option to the MWELO.”

(2) Incorporate compost at a rate of at least four cubic yards per 1,000 square feet to a depth of six inches into landscape area (unless contraindicated by a soil test).

(3) Plant material shall comply with all of the following:

(A) For residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for 75 percent of the plant area excluding edibles and areas using recycled water. For nonresidential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for 100 percent of the plant area excluding edibles and areas using recycled water;

(B) A minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated.

(4) Turf shall comply with all of the following:

(A) Turf shall not exceed 25 percent of the landscape area in residential areas, and there shall be no turf in nonresidential areas;

(B) Turf shall not be planted on sloped areas which exceed a slope of one foot vertical elevation change for every four feet of horizontal length;

(C) Turf is prohibited in parkways less than 10 feet wide, unless the parkway is adjacent to a parking strip and used to enter and exit vehicles. Any turf in parkways must be irrigated by subsurface irrigation or by other technology that creates no overspray or runoff.

(5) Irrigation systems shall comply with the following:

(A) Automatic irrigation controllers are required and must use evapotranspiration or soil moisture sensor data and utilize a rain sensor.

(B) Irrigation controllers shall be of a type which does not lose programming data in the event the primary power source is interrupted.

(C) Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure of the system is within the manufacturer’s recommended pressure range.

(D) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be installed as close as possible to the point of connection of the water supply.

(E) All irrigation emission devices must meet the requirements set in the ANSI standard, ASABE/ICC 802-2014 “Landscape Irrigation Sprinkler and Emitter Standard,” All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.

(F) Areas less than 10 feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray.

(6) For nonresidential projects with landscape areas of 1,000 square feet or more, a private submeter(s) to measure landscape water use shall be installed.

(c) At the time of final inspection, the permit applicant must provide the owner of the property with a certificate of completion, certificate of installation, irrigation schedule and a schedule of landscape and irrigation maintenance. (Ord. No. 2293, § 1, 2016.)

ARTICLE IV. WATER CONSERVATION AND SUPPLY SHORTAGE PLANS

35.80 Policy and purpose.

The purpose of this article is to establish a water conservation and supply shortage program that will reduce water consumption within the city of South Pasadena through conservation, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, and maximize the efficient use of water within the city of South Pasadena to avoid and minimize the effect and hardship of water shortage to the greatest possible extent. (Ord. No. 2268, § 5, 2014.)

35.81 Application.

The provisions of this chapter apply to any person in the use of any potable water provided by the department except for the following water uses:

(a) Water necessary for water system or fire suppression system testing and maintenance, or fire suppression and other similar emergency services affecting public health and safety;

(b) Water necessary to protect public health and safety as determined in the sole discretion of the department;

(d) The use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for resale; and

(e) Hillside areas recovering from fire. To qualify for this exemption, a customer must obtain verification from the agency requiring erosion control measures. The duration of the exemption is limited to two years, or establishment of the vegetation, whichever is the lesser time period. (Ord. No. 2268, § 5, 2014.)

35.82 Permanent water conservation requirements.

The following water conservation requirements are effective at all times and are permanent. Violations of this section constitute waste and an unreasonable use of water.

(a) No Washing Hard or Paved Surfaces. Washing hard or paved surfaces, including, but not limited to, sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except as follows: (1) where necessary to alleviate safety or sanitary hazards and then only by use of a hand-held bucket or similar container, a hand-held hose equipped with a water shut-off nozzle or device; or (2) when using a low-volume high-pressure cleaning machine equipped to recycle any water used, or a low-volume, high-pressure water broom.

(b) Runoff. Except as permitted under the preceding subsection, it shall be unlawful for any reason to allow water to run in such a manner so as to have water migrate onto an adjoining sidewalk, driveway, street, alley, gutter or ditch.

(c) Spray Irrigation Hours. Spray irrigation shall be scheduled between five p.m. and nine a.m. Operation of the spray irrigation system outside the normal watering window is allowed for testing and system maintenance and for thirty days following installation of new plants, trees or grass if necessary to prevent the plants, trees or grass from dying.

(d) No Spray Irrigation During Periods of Rain. Spray irrigation of lawn, landscape or other vegetated area during periods of rain is prohibited.

(e) Washing Vehicles. It shall be unlawful for anyone to wash any vehicle, trailer or boat by allowing any hose to run continuously. For the purpose of this section, continuously shall mean three minutes or more. Said hose shall be equipped with a position shutoff nozzle.

(f) Repair All Leaks. Loss or escape of water through breaks, leaks or other malfunctions in the water user’s plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected and in no event more than seven days of receiving notice from the department is prohibited.

(g) Serving Water in Restaurants. No restaurant or other public place where food is sold, served or offered for sale shall serve drinking water to any customer unless expressly requested by the customer.

(h) Restaurants Required to Use Water Conserving Dish Wash Spray Valves. Food preparation establishments, such as restaurants, cafÈs and cafeterias, are prohibited from using non-water conserving dish washing spray valves.

(i) Decorative Structures. No water shall be used to clean, fill or maintain levels in decorative fountains, ponds or other similar aesthetic structures unless the structure uses a recirculating water system.

(j) No Installation of Non-Recirculating Equipment in Commercial Car Wash and Laundry Systems. Installation of non-recirculating water systems is prohibited in new commercial conveyor car washes and new commercial laundry systems.

(k) No Installation of Single Pass Cooling Systems. Installation of single pass cooling systems is prohibited in buildings requesting new water service. (Ord. No. 2268, § 5, 2014.)

35.83 Water shortage plan implementation.

The department shall monitor and evaluate the projected supply and demand for water by its customers. In the event of a water shortage as determined below, the city manager or designee shall recommend that the city council make a determination that a water shortage exists and declare an appropriate stage be established to permit the department to prudently supply water to its customers. Prior to implementation of a water shortage stage as provided in this chapter, the city council shall hold a public hearing for the purposes of determining: (a) whether and to what extent a water shortage exists; and (b) which stage of water supply shortage is appropriate to address the water shortage. Notice of the time and place of said public hearing shall be published not less than ten days before the hearing on the city’s website and in a newspaper of general circulation within the city. The city council’s determination shall be made by public notice on the city’s website and in a newspaper of general circulation within the city and shall become effective immediately upon such publication. At any time during the water shortage period, the city council may discontinue any declared stage or may implement another stage in accordance with this chapter. Upon a finding by the city council that a water shortage no longer exists, any water shortage stage then in effect shall terminate.

A water shortage may be declared based upon, but not limited to, the following considerations: a call for extraordinary water conservation by a wholesale water provider to the city, planned or actual disruption to water system facility components for maintenance or construction, or planned or actual interruption to sources of the city’s water supply. (Ord. No. 2268, § 5, 2014.)

35.84 Stage 1: Moderate water supply shortage.

(a) A Stage 1 water supply shortage exists when the city council determines, in its sole discretion, that due to drought or other water supply conditions a water supply shortage or threatened shortage exists and demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the city council of a Stage 1 moderate water supply shortage, the department shall implement the mandatory Stage 1 conservation measures identified in this section.

(b) Stage 1 Water Conservation Measures. The following water conservation requirements apply during a declared Stage 1 water supply shortage:

(1) Limits on Watering Days. Watering or irrigating of lawn, landscape or other vegetated area is limited to three designated days per week. This subsection does not apply to landscape irrigation zones that exclusively use low flow drip type irrigation systems where no emitter produces more than two gallons of water per hour. This subsection also does not apply to watering or irrigating by use of a hand-held bucket or similar container; watering for very short periods of time for the express purpose of adjusting or repairing an irrigation system; or for maintenance of vegetation, including vegetable gardens, fruit trees and shrubs, intended for consumption.

(2) Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks or other malfunctions in the water user’s plumbing or distribution system shall be repaired within seventy-two hours of notification by the department unless other arrangements are made with the department.

(3) Stage 1 includes a recommended ten percent water reduction for all customers. The ten percent reduction shall be calculated on an annual consumption basis. (Ord. No. 2268, § 5, 2014.)

35.85 Stage 2: Serious water supply shortage.

(a) A Stage 2 water supply shortage exists when the city council determines, in its sole discretion, that due to drought or other water supply conditions a water supply shortage or threatened shortage exists and demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the city council of a Stage 2 water supply shortage, the department shall implement the mandatory Stage 2 conservation measures identified in this section.

(b) Stage 2 Water Conservation Measures. The following water conservation requirements apply during a declared Stage 2 water supply shortage:

(1) Limits on Watering Days. Watering or irrigating of lawn, landscape or other vegetated area with water is limited to two designated days per week. This subsection does not apply to landscape irrigation zones that exclusively use low flow drip type irrigation systems where no emitter produces more than two gallons of water per hour. This subsection also does not apply to watering or irrigating by use of a hand-held bucket or similar container; watering for very short periods of time for the express purpose of adjusting or repairing an irrigation system; or for maintenance of vegetation, including fruit trees and shrubs, intended for consumption.

(2) Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks or other malfunctions in the water user’s plumbing or distribution system shall be repaired within forty-eight hours of notification by the department unless other arrangements are made with the department.

(3) Limits on Filling Ornamental Lakes or Ponds. Filling or re-filling ornamental lakes or ponds is prohibited, except to the extent needed to sustain aquatic life.

(4) Stage 2 includes a recommended twenty percent water reduction for all customers. The twenty percent reduction shall be calculated on an annual consumption basis. (Ord. No. 2268, § 5, 2014.)

35.86 Stage 3: Extreme water supply shortage.

(a) A Stage 3 water supply shortage exists when the city council determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the city council of a Stage 3 water supply shortage, the department shall implement the mandatory Stage 3 conservation measures identified in this section.

(b) Stage 3 Water Conservation Measures. The following water conservation requirements apply during a declared Stage 3 water supply shortage:

(1) Limits on Watering Days. Watering or irrigating of lawn, landscape or other vegetated area is limited to one designated day per week. This subsection does not apply to the following categories of use, as determined by the department in its sole discretion:

(A) Landscape irrigation zones that exclusively use low flow drip type irrigation systems where no emitter produces more than two gallons of water per hour.

(B) Watering or irrigating by use of a hand-held bucket or similar container.

(D) Maintenance of vegetation, including fruit trees and shrubs, intended for consumption.

(E) Maintenance of existing landscape necessary for fire protection.

(F) Maintenance of existing landscape for soil erosion control.

(G) Maintenance of plant materials identified to be rare or essential to the well-being of protected species.

(H) Maintenance of landscape within active public parks and playing fields, school grounds, golf course greens, cemeteries and day care centers, provided that such irrigation does not exceed two days per week, according to a schedule established and posted by the department.

(I) Actively irrigated habitat restoration or environmental mitigation projects.

(2) Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks or other malfunctions in the water user’s plumbing or distribution system shall be repaired within thirty-six hours of notification by the department, unless other arrangements are made with the department.

(3) Limits on Filling Ornamental Lakes or Ponds. Filling or re-filling ornamental lakes or ponds is prohibited, except to the extent needed to sustain aquatic life.

(4) Stage 3 includes a recommended thirty percent water reduction for all customers. The thirty percent reduction shall be calculated on an annual consumption basis. (Ord. No. 2268, § 5, 2014.)

35.87 Stage 4: Emergency water supply shortage.

(a) A Stage 4 condition exists when the city council declares a Stage 4 water supply shortage. Upon the declaration by the city council of a Stage 4 water supply shortage, the department will implement the mandatory Stage 4 conservation measures identified in this section.

(b) Stage 4 Water Conservation Measures. The following water conservation requirements apply during a declared Stage 4 water supply shortage:

(1) No Watering or Irrigating. Watering or irrigating of lawn, landscape or other vegetated area is prohibited. This restriction does not apply to the following categories of use, as determined by the department in its sole discretion:

(A) Maintenance of vegetation, including fruit trees and shrubs, intended for consumption.

(B) Maintenance of existing landscape necessary for fire protection.

(D) Maintenance of plant materials identified to be rare or essential to the well-being of protected species.

(E) Maintenance of landscape within active public parks and playing fields, school grounds, golf course greens, and day care centers, provided that such irrigation does not exceed two days per week, according to a schedule established and posted by the department.

(F) Actively irrigated environmental mitigation projects.

(2) Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks or other malfunctions in the water user’s plumbing or distribution system shall be repaired within twenty-four hours of notification by the department, unless other arrangements are made with the department.

(3) Limits on Filling Ornamental Lakes or Ponds. Filling or re-filling ornamental lakes or ponds is prohibited, except to the extent needed to sustain aquatic life.

(4) Limits on Filling Residential Swimming Pools and Spas. Refilling of more than one foot and initial filling of residential swimming pools or outdoor spas is prohibited.

(5) No New Potable Water Service. Upon declaration of a Stage 4 water supply shortage, no new potable water service will be provided, no new temporary meters or permanent meters will be provided, and no statements of immediate ability to service or provide potable water service will be issued, except under the following circumstances:

(A) A valid, unexpired building permit has been issued for the project; or

(B) The project is necessary to protect the public health, safety and welfare; or

(C) The applicant provides substantial evidence of an enforceable commitment that water demands for the project will be offset prior to the provision of a new water meter(s) to the satisfaction of the department.

This subsection does not preclude the resetting or turn-on of meters to provide continuation of water service or the restoration of service that has been interrupted for a period of one year or less. (Ord. No. 2268, § 5, 2014.)

35.88 Sudden catastrophic water supply shortage.

When the city manager or designee determines that a sudden event has, or threatens to, significantly diminish the reliability or quality of the city’s water supply, the city manager or designee may declare a catastrophic water supply shortage and impose whatever emergency water allocation or conservation actions deemed necessary, in the professional judgment of the director of public works, to protect the reliability and quality of the city’s water supply, until the emergency passes or city council takes other action. (Ord. No. 2268, § 5, 2014.)

ARTICLE V. VIOLATIONS AND PENALTIES

35.90 Violations and penalties—Residential customers and all other customers with water meters less than two inches.

(a) Violation. A customer shall be responsible for all uses of water served by the customer’s water meter. Violation of any of the provisions of this chapter shall be the responsibility of the customer.

(b) Penalties. Monetary penalties imposed under this chapter shall be collected by adding the same to the customer’s water bill and shall be payable at the same time and in the same manner as such bills or by such other method of collection and payment as established by the department. Penalties for failure to comply are as follows:

(1) First Violation. The department will issue a written notice of violation. Said notice shall contain, in addition to the facts of the violation, a statement of the possible penalties for each violation and a statement informing the customer of his or her right to a hearing on the merits of the alleged violation.

(2) Second Violation. A second violation within the preceding twelve calendar months is punishable by a fine of one hundred dollars.

(3) Third Violation. A third violation within the preceding twelve calendar months is punishable by a fine of two hundred dollars.

(4) Fourth and Subsequent Violations. After a fourth or subsequent violation, the department may elect to impose a fine of five hundred dollars and disconnect a customer’s service, in addition to the financial surcharges provided for herein. Disconnection of service may be undertaken only after a public hearing held by the department in accordance with SPMC Section 35.93. All costs incurred to reconnect service shall be the responsibility of the customer. (Ord. No. 2268, § 6, 2014.)

35.91 Violations and penalties—Nonresidential customers with water meters two inches or larger.

(2) Second Violation. A second violation within the preceding twelve calendar months is punishable by a fine of two hundred dollars.

(3) Third Violation. A third violation within the preceding twelve calendar months is punishable by a fine of four hundred dollars.

(4) Fourth and Subsequent Violations. After a fourth or subsequent violation, the department may elect to impose a fine of one thousand dollars and disconnect a customer’s service, in addition to the financial surcharges provided for herein. Disconnection of service may be undertaken only after a public hearing held by the department in accordance with SPMC Section 35.93. All costs incurred to reconnect service shall be the responsibility of the customer. (Ord. No. 2268, § 6, 2014.)

35.92 Notice.

The department shall give notice of each violation of this chapter to the customer committing such violation as follows:

(a) For any violation of said provisions the department may give written notice of the fact of such violation to the customer personally, by posting a notice at a conspicuous place on the customer’s premises, or by United States mail, first class, postage prepaid, addressed to the customer’s billing address.

(b) If the penalty assessed is, or includes, the termination of water service to the customer, notice of the violation shall be given in the following manner:

(1) By giving written notice thereof to the customer personally; or

(2) If the customer is absent from or unavailable at either his or her place of residence or his or her place of business, by posting a notice at a conspicuous place on the customer’s premises, and sending a copy through the United States mail, first class postage prepaid, addressed to the customer at his or her place of business, residence, or such other address provided by the customer for bills for water or electric service if such can be ascertained. (Ord. No. 2268, § 6, 2014.)

35.93 Right to hearing and stay.

Any customer receiving a notice of violation shall have a right to a hearing by the city manager or his/her designee on the merits of the alleged violation upon that customer’s written request to the department. Customer’s written request for a hearing must be received by the department within ten days of the date of notification of the violation or customer’s right to a hearing shall be deemed waived. The customer’s timely written request for a hearing shall automatically stay the imposition of penalty until the hearing officer renders a decision. No other or further stay shall be granted by the department. Any customer dissatisfied with the hearing officer’s dispute determination may appeal that determination within ten days of issuance to the Natural Resources and Environmental Commission whose decision shall become final within fifteen days of its issuance unless appealed to city council. The city may issue regulations to govern the contents of the request for hearing and the manner in which such hearings may be conducted. (Ord. No. 2268, § 6, 2014.)

35.94 Reservation of rights.

The rights of the department hereunder shall be cumulative to any other right of the department to discontinue service. All monies collected pursuant to the penalty provisions of this chapter shall be deposited in the water fund. (Ord. No. 2268, § 6, 2014.)

35.95 Willful misrepresentation.

Notwithstanding any other provision of law, and in addition thereto, and not in lieu thereof, any willful misrepresentation of a material fact by any person to the department, made for the purpose of securing relief from the provisions of this chapter for any customer, is unlawful. A violation of this chapter shall be punishable by a fine not exceeding the sum of one thousand dollars. (Ord. No. 2268, § 6, 2014.)

APPENDIX A

Maximum Applied Water Allowance (MAWA)

MAWA = (ETo)(0.62)[0.7 x LA) + 0.3 x SLA)]

Where:

ETo = Annual Reference Evapotranspiration of 52.3

0.7 = ET Adjustment Factor

LA = Landscaped Area

0.62 = Conversion factor (to gallons per square inch)

SLA = Portion of the Landscaped Area identified as Special Landscaped Area (square feet)

0.3 = the additional ET Adjustment Factor for SLA (1.0 – 0.7 = 0.3)

Estimated Annual Applied Water Use (EAWU)

EAWU = (ETo)(0.62)[(Σ PF x HA)/0.71) + SLA]

Where:

ETo = Annual Reference Evapotranspiration of 52.3

0.62 = Conversion factor (to gallons per square inch)

PF = Plant Factor for each Hydrozone Area

HA = Hydrozone Area (square feet)

Σ PF x HA = the sum of each PF x HA product

0.71 = Irrigation Efficiency factor

SLA = Special Landscaped Area (square feet) (Ord. No. 2242, § 2, 2013.)

CHAPTER 35WATER*

35.1 Notice and permit to tap, open, etc., city pipes.

35.2 New service lateral and meter charges.

35.3 Domestic water rates inside city.

35.4 Domestic water rates outside city.

35.5 Same—For industrial use.

35.6 Same—For waste in absence of meter.

35.7 Minimum rate to be charged—Exception.

35.8 No charge for turning on or shutting off service at customer’s request.

35.9 Customer to be charged for all water passing through meter.

35.10 Authority of city manager to resolve complaints concerning water charges and disputes regarding the rates.

35.11 Application for water delivery and deposit required.

35.12 When service bills are due.

35.13 Discontinuance of service—For failure to pay bill.

35.14 Discontinuance of service—For noncompliance with rules and regulations.

35.15 Unauthorized turn-on prohibited.

35.16 Authority to shut off water from mains and pipes.

35.17 Installation of meters.

35.18 Damaging or interfering with meters.

35.19 Services and meters are property of water department—Maintenance of services and meters.

35.20 Shut-off valves.

35.21 Cross-connections.

35.22 Repealed by Ordinance No. 1964.

35.23 Meters not to be bypassed.

35.24 Testing of meters.

35.25 Use of fire hydrants.

35.26 Private fire protection.

35.27 Water not to be drawn from city pipes into steam boiler, power pump, etc.

35.28 Contamination of supply.

35.29 Inlet must discharge above high water level of tanks, cisterns, etc.—Exception.

35.30 Identification of and inspections by water department employees.

35.31 Water department to retain revenue.

35.32 Certain department records to be kept at least five years.

35.33 Repealed by Ordinance No. 2268.

35.34 Temporary meter.

35.35 Exchange services.

35.36 Service lateral and meter relocations.

35.37 Water pressure.

35.38 More than one service.

35.39 Services classes.

35.40 Supplying another person.

35.41 Hose use.

35.42 Runoff.

35.43 Water landscape.

35.44 Washing vehicles.

35.45 Serving water in restaurants.

35.46 Repair all leaks.

35.47 Decorative structures.

35.48 Enforcement.

35.50 Purpose.

35.51 Applicability.

35.52 Definitions.

35.53 Provisions for new construction or rehabilitated landscapes.

35.54 Compliance with landscape documentation package.

35.55 Elements of the landscape documentation package.

35.56 Water efficient landscape worksheet.

35.57 Soil management report.

35.58 Landscape design plan.

35.59 Irrigation design plan.

35.60 Grading design plan.

35.61 Certificate of completion.

35.62 Irrigation scheduling.

35.63 Landscape and irrigation maintenance schedule.

35.64 Irrigation audit, irrigation survey, and irrigation water use analysis.

35.65 Irrigation efficiency.

35.66 Recycled water.

35.67 Graywater systems.

35.68 Stormwater management and rainwater retention.

35.69 Public education.

35.70 Provisions for existing landscaping.

35.71 Irrigation audit, irrigation survey, and irrigation water use analysis—Existing landscapes.

35.72 Water waste prevention.

35.73 Effective precipitation.

35.74 Penalties.

35.75 Reference evapotranspiraton (ETo) table.

35.76 Prescriptive compliance option.

35.80 Policy and purpose.

35.81 Application.

35.82 Permanent water conservation requirements.

35.83 Water shortage plan implementation.

CHAPTER 35
WATER*