1 ORDINANCE NO. ________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING CHAPTER 10.18 (WATER
CONSERVATION AND WATER SHORTAGE CONTINGENCY
RULES AND REGULATIONS) OF THE ANAHEIM
MUNICIPAL CODE TO UPDATE WATER SHORTAGE
RESPONSE PROCESSES AND WATER CONSERVATION
REQUIREMENTS, AND DETERMINING THAT SUCH
ACTION IS NOT SUBJECT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PURSUANT TO
CALIFORNIA WATER CODE SECTION 10652.
WHEREAS, Article X, section 2 of the California Constitutio n and section 100 of the California Water Code (“Water Code”) declare that, because of conditions prevailing in the State of California (the “State”), the State’s policy is that the general welfare requires putting the State’s water resources to beneficial use to the fullest extent the water resources are capable, preventing the waste or unreasonable use of water, and exercising water conservation with a view to the reasonable and beneficial use of water in the interest of the people and the public welfare; and WHEREAS, Article XI, section 7 of the California Constitution declares that a city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws;
WHEREAS, the City of Anaheim (“Anaheim”) is authorized to, by ordinance, prescribe and define restrictions, prohibitions, and exclusions for water use during a threatened or existing water shortage and adopt and enforce a water conservation and regulatory program to: (i) during any threatened or existing shortage, prohibit the waste of water or the use of water for specific uses that Anaheim may from time to time find nonessential and (ii) reduce and restrict the quantity of water used by those persons within Anaheim for the purpose o f conserving the water supplies of Anaheim; and
WHEREAS, pursuant to division 6 of the Water Code, Anaheim, as an urban water supplier, is required to take action and report on water use, water conservation, and water efficiency, such as water loss system audits pursuant to Water Code section 10608.34 and annual water use reports pursuant to Water Code section 10609.24 and the “Making Conservation A California Way of Life” Regulation;
WHEREAS, pursuant to Water Code section 10632, Anaheim, as an urban water supplier, is required to prepare and adopt a Water Shortage Contingency Plan as part of its Urban Water Management Plan, and Chapter 10.18 of the Anaheim Municipal Code establishes Anaheim ’s water conservation program and is integral to the implementation of the Water Shortage Contingency Plan; and
WHEREAS, after holding a public hearing and making appropriate findings of necessity , Anaheim is authorized to adopt and enforce a water conservation program and water shortage 2 measures to reduce the quantity of water used by persons within its jurisdiction for the purpose of conserving the water supplies of Anaheim; and
WHEREAS, on April 22, 2026, the Anaheim Public Utilities Board held concurrent noticed public hearings to receive and consider public comments on the proposed amendments to Chapter
10.18 of the Anaheim Municipal Code, the proposed 2025 Water Shortage Contingency Plan, and the proposed 2025 Urban Water Management Plan; and
WHEREAS, notice of the public hearings was published in the Anaheim Bulletin and the Orange County Register on April 2 and April 9, 2026, and in La Opinión on April 8 and April 15, 2026, and also provided to the County of Orange, the City of Stanton, the City of Placentia, the City of Buena Park, and the City of Fullerton on March 30, 2026; and WHEREAS, pursuant to Water Code section 350, the City Council is authorized to declare a water shortage emergency to prevail within its jurisdiction; and WHEREAS, section 909 of the Charter of Anaheim created the Public Utilities Board and gave the Public Utilities Board the power and duty to perform duties the City Council may prescribe by ordinance or resolution, including the holding of public hearings; and WHEREAS, based on the evidence presented at the public hearing, including the General Manager’s report , the Public Utilities Board determined that adoption of this Ordinance was necessary to further the public health, safety, and welfare by adopting, implementing, and authorizing enforcement of water conservation rules and regulations for the use and conservation of water, establishing efficient processes responding to fluctuating water supply conditions, and implementing and enforcing water shortage contingency rules and regulations during periods of water shortages and water shortage emergencies.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS:
SECTION 1
The City Council hereby finds and determines that the above recitals are true and correct and incorporated herein.
SECTION 2
1. The City Council hereby declares that the Public Utilities Board is authorized to determine and declare non-emergency Water Shortages.
2. The City Council hereby confirms that Section 909 of the Charter of Anaheim authorizes the Public Utilities Board to hold public hearings on behalf of City Council that are required by the Water Code or otherwise required prior to the Public Utilities Board’s making Water Shortage declarations.
3 SECTION 3
The City Council finds and determines that:
1. Because of prevailing water supply conditions in the State of California and the declared policy of the State, it is necessary and appropriate for Anaheim to adopt, implement, and enforce water conservation rules and regulations to manage water consumption in Anaheim to ensure the reasonable and beneficial use of water and maximize its efficient use;
2. It is necessary and appropriate for Anaheim to implement and enforce water shortage contingency rules and regulations during periods of water shortages and water shortage emergencies to ensure that there is sufficient water for human consumption, sanitation, and fire protection;
3. It is necessary to repeal and replace Chapter 10.18 of the Anaheim Municipal Code with the proposed amendment to adopt, implement, and enforce water conservation rules and regulations for the use and conservation of water pursuant to Water Code section 375, to respond quickly to fluctuating water supply conditions, and to implement and enforce water shortage contingency rules and regulations during periods of water shortages and water shortage emergencies; and
4. This Ordinance is a matter of citywide importance and necessary for the preservation and protection of the public peace, health, and safety and is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable state and local laws and requirements.
SECTION 4
When Anaheim declares a Water Shortage (as defined by Chapter 10.18 of the Anaheim Municipal Code), the Anaheim Public Utilities General Manager is authorized to implement Water Shortage response measures, including but not limited to Water Reduction Plans within a declared shortage category as described in Anaheim’s Water Shortage Contingency Plan, and to take actions in response to catastrophic Water Shortages in accordance with the Anaheim Municipal Code.
SECTION 5
Anaheim Municipal Code Chapter 10.18 is repealed in its entirety and replaced with the text set forth in Exhibit A to this Ordinance, which is incorporated herein by this reference.
SECTION 6
The City Council finds and determines that the introduction and adoption of this Ordinance is not subject to the California Environmental Quality Act (CEQA) because:
(a) This Ordinance partially comprises Anaheim’s Water Shortage Continge ncy Plan and involves its implementation; and pursuant to Water Code s ection 10652, CEQA does not 4 apply to the preparation and adoption of a Water Shortage Contingency Plan or to the implementation of the actions taken pursuant to such plans; and (b) This Ordinance is exempt from CEQA pursuant to sections 15060(c)(2) -(3) and 15061(b)(3) of the CEQA Guidelines (Title 14, Division 6, Chapter 3 of the California Code of Regulations) as this Ordinance does not constitute a “project” within the meaning of CEQA Guidelines section 15378 and will not result in a direct or reasonably foreseeable indirect physical change in the environment.
SECTION 7
The City Council hereby declares that should any section, paragraph, sentence, phrase, term, or word of this Ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this Ordinance independent of the elimination of any such portion that may be declared invalid. If any section, subdivision, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have pass ed this Ordinance and each section, subdivision, paragraph, sentence, clause, and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause, or phrase had been declared invalid or unconstitutional.
SECTION 8
The City Clerk shall certify to the passage of this Ordinance and, pursuant to Water Code section 376(b)(1), shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in Anaheim.
SECTION 9
Pursuant to Water Code section 376, this O rdinance shall take effect and be in full force upon adoption.
//
5 THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ___________day of _________________, 2026, and passed and adopted on the _______day of ______________, 2026, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: __________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
_____________________________________
CITY CLERK OF THE CITY OF ANAHEIM
158175
A-1
EXHIBIT A
ANAHEIM MUNICIPAL CODE, CHAPTER 10.18
Chapter 10.18 WATER CONSERVATION AND WATER SHORTAGE
CONTINGENCY RULES AND REGULATIONS
Sections:
10.18.010 Purpose.
10.18.020 Scope of this Chapter.
10.18.030 Definitions.
10.18.040 Authorization.
10.18.050 City Council Determination of Water Shortage.
10.18.060 Public Utilities Board Determination of Water Shortage.
10.18.070 Emergency Declaration of Catastrophic Water Shortage.
10.18.080 Communication.
10.18.090 Water Shortage Reduction Plans.
10.18.100 Alternative Compliance Plan.
10.18.110 Hardship Waiver.
10.18.120 Water Conservation Rate.
10.18.130 Permanent Water Conservation Requirements – Prohibition Against Water Waste.
10.18.140 Violations and Remedies.
10.18.150 Reservation of Rights.
10.18.010 PURPOSE.
The City Council finds and determines that because of prevailing water supply conditions within the State of California and the declared policy of the State, it is necessary and appropriate for the City to adopt, implement, and enforce water conservation rules and regulations to reduce water consumption within the City through conservation to ensure the reasonable and beneficial use of water and maximize its efficient use within the City. The City Council further finds and determines it is necessary and appropriate for the City to
A-2
implement and enforce Water Shortage (defined below) contingency rules and regulations during periods of Water Shortages and Water Shortage Emergencies (defined below) to ensure that there is sufficient water for human consumption, sanitation, and fire protection.
10.18.020 SCOPE OF THIS CHAPTER.
.010 Except as expressly stated within this Chapter, the provisions of this Chapter shall apply to all persons, entities, and property within the City. In addition, this Chapter shall apply to any Customers outside of the City.
.020 The provisions of this Chapter are in addition to, and not in lieu of, the provisions of Section 10.16.380 of this Code relating to curtailed supply of electricity or water. .030 The provisions of this Chapter shall not apply to the following water uses:
.01 Any use of water necessary for (a) the testing and maintenance of the Water System or City fire suppression system or (b) fire suppression or other similar emergency services affecting the public health and safety;
.02 Any use of water necessary to protect public health and safety as determined in the sole discretion of those persons or entities identified in Section 10.18.040.040 of this Chapter; and
.03 Any use of Recycled Water.
.040 The mandatory provisions of Sections 10.18.080, 10.18.090, and 10.18.100 shall not apply to the application of potable water to a food source between the hours of 9:00 a.m. and 5:00 p.m., provided that the potable water is applied through drip irrigation or a hand- held hose with a self-closing water shut-off device.
10.18.030 DEFINITIONS.
Unless specifically defined in this Section, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter the most reasonable application.
.010 “Alternative Compliance Plan” means a plan approved in accordance with Section
10.18.100 of this Chapter.
.020 “City” means the City of Anaheim located in California. .030 “City Council” means the governing legislative body of the City. .040 “Code” means the Anaheim Municipal Code.
.050 “Customer” has the meaning set forth in Rule 1 of the Rates, Rules and Regulations or any successor provision thereto.
A-3
.060 “Department” means the Public Utilities Department of the City. .070 “General Manager” means the General Manager of the Department. .080 “Large Landscape Area” means an area of vegetation at least three (3) acres in size supporting a business necessity or public benefit uses, including, without limitation, parks, golf courses, schools, and cemeteries.
.090 “Public Utilities Board” means that board described in Section 909 of the City Charter. .100 “Rates, Rules and Regulations” means the rate structure, the rules, and any regulations approved by the City Council that govern the use and delivery of water within the Department’s service area.
.110 “Recycled Water” means water that is approved for purposes other than human consumption and meets the criteria set forth in Division 4 of Title 22 of the California Code of Regulations, as may be amended from time to time. Recycled Water does not include gray water.
.120 “Sidewalk” means that portion of the roadway set apart by curbs, barriers, markings, or other delineation for pedestrian travel.
.130 “Water Reduction Plan” means the actions the City will take in response to a Water Shortage and that are described in the City’s Water Shortage Contingency Plan. .140 “Water Shortage” means the City’s current or anticipated water supply cannot or will not meet water Customers’ ordinary demands or requirements without depleting the City’s water supply.
.150 “Water Shortage Contingency Plan” means the plan prepared by the City pursuant to Water Code section 10632 and that is incorporated into the City’s Urban Water Management Plan.
.160 “Water Shortage Emergency” means, as described in California Water Code section 350, a Water Shortage declared by the City Council after it finds and determines that the City’s current or anticipated water supply cannot or will not meet water Customers’ ordinary demands or requirements without depleting the City’s water supply to the extent that there would be insufficient water for human consumption, sanitation, and fire protection.
.170 “Water System” has the meaning set forth in Rule 1 of the Rates, Rules and Regulations or any successor provision thereto.
A-4
10.18.040 AUTHORIZATION.
.010 The City is authorized to adopt and enforce a water conservation program and Water Shortage measures to reduce the quantity of water used by persons within its jurisdiction for the purpose of conserving the water supplies.
.020 The Department shall monitor and evaluate the projected water supply and demands. .030 The City is authorized to declare a Water Shortage within its jurisdiction. .040 Except where expressly delegated to a specific officer, department, board, or commission of the City, the various officers, departments, or commissions of the City are authorized and directed to implement the applicable provisions of this Chapter upon the effective date hereof.
.050 When water supply conditions require additional actions, the City may implement Water Shortage response actions beyond those described in the Water Reduction Plans in the City’s Water Shortage Contingency Plan, consistent with this Chapter.
10.18.050 CITY COUNCIL DETERMINATION OF WATER SHORTAGE. .010 The City Council may, by motion, declare any non-emergency Water Shortage category.
.020 If water supply conditions indicate that the ordinary demands and requirements of water Customers cannot be satisfied without depleting the City’s water supply to the extent that there would be insufficient water for human consumption, sanitation, and fire protection, the General Manager may recommend that the City Council declare a Water Shortage Emergency. After holding any required public hearing pursuant to California Water Code section 350, the City Council shall, by resolution, declare a Water Shortage Emergency if it finds that the conditions specified in Section 10.18.030.160 exist. .030 If shortage conditions improve such that the declared Water Shortage Emergency category can be deescalated, the City Council may rescind or modify the Water Shortage Emergency declaration, or may allow automatic rescission upon the Public Utilities Board’s declaration of a non-emergency Water Shortage.
10.18.060 PUBLIC UTILITIES BOARD DETERMINATION OF WATER SHORTAGE.
.010 The Public Utilities Board is authorized to declare any Water Shortage category except for the category of Water Shortage Emergency.
.020 If water supply conditions indicate that the City’s current or anticipated water supply cannot or will not meet water Customers’ ordinary demands or requirements without depleting the City’s water supply, but not to the extent of a Water Shortage Emergency, the
A-5
General Manager may recommend that the Public Utilities Board declare a Water Shortage.
The Public Utilities Board shall declare a Water Shortage and indicate the Water Shortage category as described in the Water Shortage Contingency Plan if it finds that the conditions described for the declared category exist.
.030 If shortage conditions improve such that the Public Utilities Board’s declared Water Shortage category can be reduced, or if conditions worsen beyond the declared category but not to the extent of a Water Shortage Emergency, the Public Utilities Board may rescind or modify the Water Shortage declaration.
.040 If a City Council declaration of a Water Shortage category has an effective period concurrent with a Public Utilities Board declaration of a Water Shortage category, the City Council declaration shall govern during the concurrent effective period.
10.18.070 EMERGENCY DECLARATION OF CATASTROPHIC WATER
SHORTAGE.
.010 When the General Manager determines that a sudden event has, or threatens to, significantly diminish the reliability or quality of the City’s water supply, the General Manager may declare a catastrophic Water Shortage and impose emergency water allocations or Water Shortage response actions as necessary to protect the reliability and quality of the City’s water supply, until the emergency passes or the City takes other action.
The General Manager’s declaration shall not be considered a Water Shortage Emergency and shall be presented to the City Council as a recommendation to declare a Water Shortage Emergency as soon as reasonably feasible.
.020 If there is an emergency or local emergency, as both are defined in Section 6.04.020 of the Code, and the authority granted to the General Manager in Section 10.18.070.010 conflicts with Chapter 6.04, Chapter 6.04 shall govern.
10.18.080 COMMUNICATION.
Upon declaration of a Water Shortage, the City will inform all relevant stakeholders, such as Customers; the public; and local, regional, and state governments of the effective date of the Water Shortage response actions associated with the relevant shortage category according to the communication procedures identified in the Water Shortage Contingency Plan.
10.18.090 WATER SHORTAGE REDUCTION PLANS.
Upon declaration of a Water Shortage, the General Manager is authorized to implement any Water Reduction Plans within the declared Water Shortage category as appropriate to address the extent of shortages. To the extent water shortage conditions vary during the declared Water Shortage category, the General Manager may implement any Water Reduction Plan appropriate for responding to the conditions in accordance with this Chapter and the City’s Water Shortage Contingency Plan, as may be amended.
A-6
10.18.100 ALTERNATIVE COMPLIANCE PLAN.
Any person or entity with a Large Landscape Area may deviate from the designated watering days of the week, as specified in the Water Shortage Contingency Plan, if the person or entity obtains an Alternative Compliance Plan approved by the General Manager or designee. The Alternative Compliance Plan must demonstrate implementation of alternative water conservation measures to achieve comparable water savings as specified in the Water Shortage Contingency Plan.
10.18.110 HARDSHIP WAIVER.
.010 If, due to unique circumstances, enforcement of a specific requirement of this Chapter would result in undue hardship to a person using water or to property upon which water is used, the person may appeal to the Department for an exemption by applying for a waiver from the requirements:
.01 Application for a waiver must be on a form prescribed by the Department. .02 The written application shall be accompanied by photographs, maps, drawings, or other pertinent information as applicable.
.03 Based on the information and supporting documents provided in the application, any additional information provided as requested, and water use information for the property as shown by the records of the City, the General Manager, or designee, will take into consideration the following in making the waiver determination:
a. That the waiver does not constitute a grant of special privilege inconsistent with the limitation upon other City water service Customers;
b. That because of special circumstances applicable to the property or its use, the strict application of this Chapter would have a disproportionate impact on the property or use that exceeds the impacts on water service Customers generally; c. That the authorization of such waiver will not be of substantial detriment to adjacent properties, will not materially affect the ability of the City to effectuate the purpose of this Chapter, and will not be detrimental to the public interest; d. That the condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent, or general in nature. .020 The General Manager, or designee, may approve or deny the waiver. If approved, the waiver will apply for the duration indicated in the waiver. The Department will give the applicant written notice of the determination. The decision of the General Manager, or designee, is final. If denied, any resulting violation is subject to enforcement pursuant to section 10.18.140.
A-7
10.18.120 WATER CONSERVATION RATE.
The City may adopt a rate structure designed to reduce water consumption in accordance with the requirements of State law.
10.18.130 PERMANENT WATER CONSERVATION REQUIREMENTS –
PROHIBITION AGAINST WATER WASTE.
.010 To prevent the unreasonable use of water and to promote water conservation, the following uses of water are permanently prohibited:
.01 Washing down Sidewalks, walkways, driveways, buildings, structures, patios, parking areas, or other hard or paved surfaces, except to alleviate safety or sanitary hazards and only by use of a handheld container, hose with an automatic shut-off device, or a low-volume high-pressure cleaning machine that recycles used water. .02 Watering or irrigating of any lawn, landscape, or other vegetated area in a manner that causes or allows more than incidental runoff or water flow such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, driveways, streets, alleys, gutters, ditches, or structures. “Incidental runoff” means unintended amounts (volume) of runoff, such as unintended, minimal overspray from sprinklers that escapes the area of intended use. Water leaving an intended use area is not considered incidental if it is part of the facility or system design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence. .03 Using water to irrigate outdoor landscapes during or within forty-eight (48) hours after measurable rainfall of one-fourth of one inch (.25”) or more. .04 Using water to wash or clean a vehicle, including, but not limited to, any automobile, truck, van, bus, motorcycle, boat, or trailer, except by use of a hand-held bucket or hand- held hose equipped with a self-closing device or water shut-off nozzle. This subsection does not apply to any commercial car washing facility.
.05 Using water to clean, fill, or maintain levels in decorative fountains, ponds, lakes, or other similar aesthetic structures, unless such water is part of a re-circulating system. The only exceptions shall be a water feature currently listed in the National Register of Historic Places, where water use is deemed necessary for the integrity of the feature, or a water feature that has been issued a waiver from the City.
.06 Installation of non-recirculating water systems in commercial conveyor car wash and commercial laundry systems unless a waiver from the City has been obtained. .020 All leaks, breaks, or other malfunctions in the Customer’s plumbing, irrigation, or distribution system must be repaired within seventy-two (72) hours after the Customer is made or becomes aware, unless other arrangements are made with the City.
A-8
10.18.140 VIOLATIONS AND REMEDIES.
.010 It shall be unlawful for any person to violate the mandatory provisions of this Chapter. .020 A willful violation of any mandatory provision of this Chapter shall be a misdemeanor and shall be punishable upon conviction as authorized by Section 1.01.370 of this Code, or any successor provision thereto.
.030 In addition to any remedies or enforcement measures provided by State law or in this Chapter, any violation of this Chapter is subject to civil fines in accordance with Chapter
1.20 of this Code, or any successor provision thereto. Pursuant to Chapter 1.20, any person receiving a civil citation may contest (appeal) it by filing a request for an administrative review.
.040 In addition to any other remedies provided in this Code or available under applicable law, the City can alternatively seek injunctive relief in the Superior Court or take enforcement actions for violations of this Chapter.
10.18.150 RESERVATION OF RIGHTS.
The rights of the Department hereunder shall be cumulative to any other right of the Department to discontinue service.