1.    It shall be unlawful at any time for any person to make, cause, or use or permit the use of water from the City for residential, commercial, industrial, institutional, agricultural, irrigation, governmental, or any other purpose in a manner contrary to any mandatory provision of this chapter, or in an amount in excess of that use permitted by the water shortage response levels which are in effect pursuant to this chapter or by action taken by the City Council in accordance with this chapter. The water conservation and supply shortage response measures set forth in this section shall be in effect at all times and subject to the penalties herein.

2.    To prevent the waste and unreasonable use of water and to promote water conservation, each of the following actions is prohibited, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a State or Federal agency:

a.    The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, nonirrigated areas, private and public walkways, roadways, parking lots, or structures;

b.    The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use;

c.    The application of potable water to driveways and sidewalks;

d.    The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system;

e.    Watering lawns and/or groundcovers and irrigating landscaping between the hours of 8:00 a.m. and 8:00 p.m.

f.    The application of potable water to outdoor landscapes during and within 48 hours after measurable rainfall;

g.    The serving of drinking water other than upon request in eating or drinking establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served and/or purchased;

h.    The irrigation with potable water of ornamental turf on public street medians; and

i.    The irrigation with potable water of landscapes outside of newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development.

3.    To promote water conservation, operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily. The hotel or motel shall prominently display notice of this option in each guestroom using clear and easily understood language.

4.    Immediately upon this subsection taking effect, all commercial, industrial and institutional properties that use a water supply, any portion of which is from a source other than a water supplier subject to California State Water Resources Control Board Regulation Section 864.5 or 865, shall either:

a.    Limit outdoor irrigation of ornamental landscapes or turf with potable water to no more than two days per week; or

b.    Target potable water use reductions commensurate with those required of the nearest urban water supplier under California State Water Resources Control Board Regulation Section 864.5 or, if applicable, Section 865. Where this option is chosen, these properties shall implement the reductions on or before July 1, 2016.

5.    The taking of any action prohibited in subsection (C)(2) or (6) of this section, or the failure to take any action required in subsection (C)(3) or (4) of this section, is an infraction punishable by a fine of up to $500.00 for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or criminal.

6.a.    To prevent the waste and unreasonable use of water and to promote water conservation, any homeowners’ association or community service organization or similar entity is prohibited from:

1. Taking or threatening to take any action to enforce any provision of the governing documents or architectural or landscaping guidelines or policies of a common interest development where that provision is void or unenforceable under Section 4735, subdivision (a) of the Civil Code; or
2. Imposing or threatening to impose a fine, assessment, or other monetary penalty against any owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during a declared drought emergency, as described in Section 4735, subdivision (c) of the Civil Code.

b.    As used in this subsection:

1. “Architectural or landscaping guidelines or policies” includes any formal or informal rules other than the governing documents of a common interest development.
2. “Homeowners’ association” means an “association” as defined in Section 4080 of the Civil Code.
3. “Common interest development” has the same meaning as in Section 4100 of the Civil Code.
4. “Community service organization or similar entity” has the same meaning as in Section 4110 of the Civil Code.
5. “Governing documents” has the same meaning as in Section 4150 of the Civil Code.
6. “Separate interest” has the same meaning as in Section 4185 of the Civil Code.

c.    If a disciplinary proceeding or other proceeding to enforce a rule in violation of subsection (C)(6)(a) of this section is initiated, each day the proceeding remains pending shall constitute a separate violation of this regulation.

7.    A water shortage response level shall be determined by the City Council in accordance with the provisions of the water conservation program. A water shortage response level shall remain in full force and effect until otherwise determined or discontinued by resolution of the City Council.

8.    The City may declare a water shortage emergency (level 5) during any water shortage response level.

9.    During water shortage response levels 2 through 5, the water conservation and supply shortage response measures are mandatory, and violations are subject to administrative, civil, and criminal penalties and remedies as specified in this section and by State law.

1.    A water shortage response level 1 condition is also referred to as a “water shortage watch” condition. A level 1 condition applies when the City Council requests all water users to voluntarily reduce their water use up to 10 percent to ensure that sufficient supplies will be available to meet anticipated demands. The City Council shall declare the existence of a water shortage response level 1 by the adoption of a resolution, and the City Manager or designee shall implement the level 1 conservation practices;

2.    During a level 1 water shortage watch condition, the City shall increase its public education and outreach efforts to enhance awareness of the need to implement the following water conservation practices:

a.    Do not use water to wash down sidewalks, driveways, parking areas, tennis courts, patios, or other paved areas, except to alleviate immediate safety or sanitation hazards.

b.    Adjust sprinklers and irrigation systems to avoid overspray, runoff, and waste. Customers should also avoid watering on windy days.

c.    Irrigate all landscapes before dawn, if possible, but never between 8:00 a.m. and 8:00 p.m. Use a hand-held hose equipped with a positive shut-off nozzle or bucket to water landscaped areas that are not irrigated by a landscape irrigation system.

d.    Agricultural users are requested to reduce water usage and to consult with the City as needed or industry associations in their area for appropriate water conservation measures and to implement them as soon as possible.

e.    Residents are urged to design and install water-wise landscaping utilizing native and other drought-tolerant plant materials and minimize turf areas for permanent water conservation.

f.    Developers of commercial properties are urged to design and install water-wise landscaping utilizing native and other drought-tolerant plant materials and minimize turf areas for permanent water conservation, as required by City landscape ordinances.

g.    Install water-saving devices in indoor plumbing.

h.    Check faucets, toilets, and pipes, both indoors and outdoors, for leaks and repair them immediately.

i.    Wash motor vehicles, trailers, boats, and all other mobile equipment using a bucket or a hand-held hose with a positive shut-off nozzle, mobile high-pressure/low-volume wash system, or at a commercial site that recirculates (reclaims) water on site. Avoid washing during hot conditions when additional water is required due to evaporation.

1.    A water shortage response level 2 condition is also referred to as a “water shortage caution” condition. A level 2 condition applies when the City Council mandates all water users to reduce their water use more than 10 percent and up to 20 percent to ensure that sufficient supplies will be available to meet anticipated demands. The City Council shall declare the existence of a water shortage response level 2 by the adoption of a resolution, and the City Manager or his/her designee shall implement the level 2 conservation practices.

2.    All persons using water provided from the City shall comply with level 1 “water shortage watch” water conservation practices during a level 2 water shortage and shall also comply with the following additional conservation measures:

a.    Whether irrigated with potable or nonpotable water, limit all ornamental and turf irrigation to four days per week for no more than 10 minutes per station per day. This provision does not apply to functional turf areas such as athletic fields at schools and parks.

b.    Ornamental landscape or turf that utilizes properly operating water-efficient devices which include, but are not limited to, drip/micro irrigation systems, stream rotor sprinklers, and are operated by a functional irrigation controller, may upon verification by the City or its representative, be irrigated for up to 30 minutes per station on the days authorized for landscape irrigation.

c.    Verification and repair of all leaks shall occur within 72 hours of notification by the City unless other arrangements are approved by the City Manager or designee.

1.    A water shortage response level 3 condition is also referred to as a “water shortage alert” condition. A level 3 condition applies when the City Council mandates all water users to reduce their water use more than 20 percent and up to 30 percent to ensure that sufficient supplies will be available to meet anticipated demands. The City Council shall declare the existence of a water shortage response level 3 by the adoption of a resolution, and the City Manager or designee shall implement the level 3 conservation practices.

2.    All persons using water provided from the City shall comply with level 1 “water shortage watch” and level 2 “water shortage caution” conservation practices during a level 3 “water shortage alert” condition and shall also comply with the following additional mandatory conservation measures:

a.    Whether irrigated with potable or nonpotable water, limit all ornamental and turf irrigation to three days per week for no more than 10 minutes per station per day.

b.    Ornamental landscape or turf that utilizes properly operating water-efficient devices which include, but are not limited to, drip/micro irrigation systems, stream rotor sprinklers, and are operated by a functional irrigation controller may upon verification by the City or its representative, be irrigated for up to 20 minutes per station on the days authorized for landscape irrigation.

c.    The following irrigation schedule will be implemented and enforced: odd addresses (the last digit is an odd number) may irrigate on Monday, Wednesday and Friday. Even addresses (the last digit is an even number) may irrigate on Tuesday, Thursday and Saturday. There will be no authorized landscape irrigation on Sunday.

d.    An alternative three-day schedule may be requested for irrigation of functional turf areas at schools and parks.

e.    Vehicles may only be washed at commercial carwashes that recirculate water or by high-pressure/low-volume wash devices.

f.    Potable water may not be used for construction purposes. Nonpotable and/or recycled water must be utilized.

g.    Verification and repair of all leaks shall occur within 48 hours of notification by the City.

1.    A water shortage response level 4 condition is also referred to as a “water shortage critical” condition. A level 4 condition applies when the City Council mandates all water users reduce their water use more than 30 percent and up to 40 percent to ensure that sufficient supplies will be available to meet anticipated demands. The City Council shall declare the existence of a water shortage response level 4 by the adoption of a resolution, and the City Manager or designee shall implement the level 4 conservation practices identified in this chapter.

2.    All persons using water provided by the City shall comply with level 1 “water shortage watch,” level 2 “water shortage caution,” and level 3 “water shortage alert” conservation practices during a level 4 “water shortage critical” condition and shall also comply with the following additional mandatory conservation measures:

a.    Whether irrigated with potable or nonpotable water, limit all irrigation to two days per week for no more than 10 minutes per station per day. Exemptions include:

1. Maintenance of existing landscaping necessary for fire protection as specified by the Fire Marshal of the local fire protection agency having jurisdiction over the property to be irrigated. If fire protection landscaping is not sustainable by irrigation two days per week, irrigation may be increased to not more than three days per week;
2. Maintenance of existing landscaping for erosion control may be irrigated up to three days per week;
3. Watering of livestock and other animals;
4. Public works projects that support public health and safety; and
5. Actively irrigated environmental mitigation projects.

b.    Ornamental landscape or turf that utilizes properly operating water-efficient devices which include, but are not limited to, drip/micro irrigation systems, stream rotor sprinklers and are operated by a functional irrigation controller may upon verification by the City or its representative, be irrigated for up to 10 minutes per station on the days authorized for landscape irrigation.

c.    The following irrigation schedule will be implemented and enforced: odd addresses (the last digit is an odd number) may irrigate on Monday and Thursday. Even addresses (the last digit is an even number) may irrigate on Tuesday and Friday. There will be no authorized landscape irrigation on Wednesday, Saturday, and Sunday.

3.    Upon the declaration of a water shortage response level 4 water shortage critical condition, no new temporary construction meters shall be provided, no statements of immediate ability to serve or provide potable water service such as letters (“will serve”) of water availability shall be issued. No new potable water services or meters shall be provided, except under the following circumstances:

a.    A valid, unexpired building permit has been issued for a portion of a project for which construction is in progress.

b.    The project is necessary to protect the public’s health, safety, and welfare as determined by the City Council; or

c.    The applicant provides substantial evidence to the satisfaction of the City of an enforceable commitment that water demands for the project will be offset by 125 percent prior to the provision of a new water meter(s). This provision shall not be construed to preclude the resetting or turn-on of meters to provide continuation of water service or to restore service that has been interrupted for a period of one year or less.

4.    Upon the declaration of a water shortage response level 4 condition, the City will suspend consideration of annexations to its service area, unless the annexation increases the water supply available to the City by more than the anticipated demands of the property to be annexed.

5.    To increase conservation, the City may establish a water allocation for property served. The following method will be utilized which accounts for general public health and safety.

a.    Residential and Multifamily Customers.

1. City Council will determine the water allocation target percentage for residential accounts in the resolution adopting a level 4 “water shortage response.”
2. This calculation will not apply to any residential account that uses less than 10 units in the billing period to ensure water is provided for public health and safety. A residential water allocation target will be calculated for each account by comparing the current billing period usage to the same period in the previous year.
3. If the residential account uses more water than the water allocation target amount, a penalty will be applied as set forth herein.

b.    Commercial Customers.

1. The City Council will determine the water allocation target percentage for commercial accounts in the resolution adopting a level 4 “water shortage response.”
2. A commercial water allocation target will be calculated for each account by comparing the current billing period usage to the same period in the previous year.
3. If the commercial account uses more water than the water allocation target amount, said commercial account shall be subject to the penalties set forth herein.
4. Dedicated irrigation accounts must reduce their usage by a minimum of 50 percent. The amount may be adjusted by a resolution of the City Council as deemed necessary to meet water supply demands.
5. An application may be made to the City Council for a variance from the water allocation target.

1.    A water shortage response level 5 condition is also referred to as a “water shortage emergency” condition. A level 5 condition applies when the City Council declares a water shortage emergency pursuant to California Water Code Section 350 et seq. or due to other increasing reductions in the City’s water supplies resulting in a shortage of more than 40 percent. Customers are required to reduce their water consumption more than 40 percent to ensure that sufficient supplies will be available to meet anticipated demands. The City Council shall declare a water shortage emergency in the manner and on the grounds provided in California Water Code Section 350 et seq. The City Council shall declare the existence of a water shortage response level 5 by the adoption of a resolution, and the City Manager or designee shall implement the level 5 conservation practices.

2.    All persons using water provided from the City shall comply with conservation measures required during level 1 “water shortage watch,” level 2 “water shortage caution,” level 3 “water shortage alert,” and level 4 “water shortage critical” conditions and shall also comply with the following additional mandatory conservation measures:

3.    To increase conservation, the City may establish a water allocation for the property served. The following method will be utilized which accounts for general public health and safety.

a.    Residential and Multifamily Customers.

1. The City Council will determine the water allocation target percentage for residential accounts in the resolution adopting a level 5 “water shortage response.”
2. This calculation will not apply to any residential accounts that use less than 10 units in the billing period to ensure water is provided for public health and safety.
3. A residential water allocation target will be calculated for each account by comparing the current billing period usage to the same period in the previous year.
4. If the residential account uses more water than the water allocation target amount, said residential accounts shall be subject to the penalties set forth herein.

b.    Commercial Customers.

1. The City Council will determine the water allocation target percentage for commercial accounts in the resolution adopting a level 5 “water shortage response.”
2. A commercial water allocation target will be calculated for each account by comparing the current billing period usage to the same period in the previous year.
3. If the commercial account uses more water than the water allocation target amount, said commercial account shall be subject to the penalties set forth herein.
4. Dedicated irrigation accounts must reduce their usage by 50 percent. The amount may be adjusted by a resolution of the City Council as deemed necessary to meet water supply demands.
5. An application may be made to the City Council for a variance from the water allocation target.