Ordinance No. NS-XXX
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA UPDATING ARTICLE II OF THE SANTA
ANA MUNICIPAL CODE RELATING TO CROSS
CONNECTION REGULATIONS AND REPEALING AND
REENACTING ARTICLE VI OF CHAPTER 39 RELATING
TO WATER CONSERVATION AND WATER SHORTAGE
CONTINGENCY REGULATIONS TO CONFORM WITH
ASSEMBLY BILL 1572, THE URBAN WATER
MANAGEMENT PLAN ACT AND HEALTH AND SAFETY
CODE SECTION 116407
WHEREAS, Article X, Section 2 of the California Constitution and Section 100 of the California 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 of which 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; and
WHEREAS, pursuant to California Water Code Section 106, it is the declared policy of the State that the use of water for domestic use is the highest use of water and that the next highest use is for irrigation; and
WHEREAS, cross-connection control in California was previously governed by California Code of Regulations (CCR) Title 17, but is now regulated under the State Water Resources Control Board’s Cross-Connection Control Policy Handbook (CCCPH) pursuant to Assembly Bill 1671; and the City is amending its code to eliminate references to CCR Title 17 and establish compliance under the CCCPH; and
WHEREAS, pursuant to California Water Code Section 375, after holding a public hearing, the City of Santa Ana is authorized to adopt and enforce a water conservation program and demand reduction actions to reduce the quantity of water used by persons within its jurisdiction for the purpose of conserving the water supplies of Santa Ana; and WHEREAS, the City of Santa Ana held a public hearing pursuant to Water Code Section 375 to receive public comments on the proposed amendments to Chapter 39 of the Santa Ana Municipal Code; and
WHEREAS, 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 EXHIBIT 5
Ordinance No. NS-XXX
necessary and appropriate for the City to adopt, implement, and enforce water conservation rules and regulations and demand management measures to reduce water consumption within the City through conservation and efficiency to ensure the reasonable and beneficial use of water and maximize its efficient use within the City; and the City Council further finds and determines it is necessary and appropriate for the City to implement and enforce demand reduction actions 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; and
WHEREAS, pursuant to California Water Code Section 10609, the City of Santa Ana, as an urban water supplier, is required to comply with and annually report on the Urban Water Use Efficiency Standards, Objectives, and Performance Measures defined in the “Making Conservation a California Way of Life” Regulation enforced by the State Water Resources Control Board; and
WHEREAS, the adoption and enforcement of a water conservation and supply shortage program is necessary to manage the city's potable water supply in the short and long-term and to avoid or minimize the effects of drought and shortage within the city. Such program is essential to ensure a reliable and sustainable minimum supply of water for the public health, safety and welfare; and
WHEREAS, California, including Orange County, experiences drought, prolonged dryyear conditions, and other circumstances that reduce water supplies and may result in the declaration of water shortage by local water agencies, requiring the implementation of demand reduction actions to promote water conservation and protect the reliability of available water supplies; and
WHEREAS, the City may experience impacts to the reliability and availability of its water supplies during drought, water shortage, or other conditions that constrain water resources, and may implement customer curtailment and other demand management measures to reduce water use, conserve available supplies, and maintain water supply reliability, as identified in the City's most recently adopted Urban Water Management Plan and Water Shortage Contingency Plan; and
WHEREAS, pursuant to California Water Code Section 350, the City Council is authorized to declare a water shortage declaration to prevail within its jurisdiction; and WHEREAS, pursuant to California Water Code Section 10608, the City of Santa Ana, as an urban water supplier, is required to submit a validated annual water loss system audit to comply with the Water Loss Performance Standard Regulation enforced by the State Water Resources Control Board; and
WHEREAS, the City's Water Shortage Contingency Plan establishes standards and procedures to enable implementation and enforcement of local demand reduction actions.
These actions align with the State of California, Water Code Section 353 which specifies that “when the governing body has so determined and declared the existence of an emergency condition of water shortage within its service area, it shall there upon adopt such regulations Ordinance No. NS-XXX
and restrictions on the delivery of water and the consumption within said area of water supplied for public use as will in the sound discretion of such governing body conserve the water supply for the greatest public benefit with particular regard to domestic use, sanitation, and fire prevention”; and
WHEREAS, the City currently has a water conservation ordinance set forth in Article VI of Chapter 39 of the Santa Ana Municipal Code; and
WHEREAS, the City wishes to update this ordinance to be consistent with the requirements of the California Water Code Section 10632 and the City's most recently adopted Urban Water Management Plan and Water Shortage Contingency Plan; and WHEREAS, the City wishes to update this ordinance to be consistent with the requirements of the AB 1572 regulations and further promote water conservation and efficient water use; and
WHEREAS, to effectively updated the City’s cross-connection regulations, it is necessary to repeal and replace Article VI of Chapter 39 in its entirety.
NOW, THEREFORE, the City Council of the City of Santa Ana does hereby ordain as follows:
SECTION 1. The recitals above are true, correct and each incorporated herein by reference and adopted as findings by the Santa Ana City Council (“City Council”).
SECTION 2. Chapter 39, Article II of the Santa Ana Municipal Code is hereby amended as follows:
ARTICLE II. WATER
Sec. 39-29. – Protection of public water supply.
(a) State regulations adopted. The Cross-Connection Control Policy Handbook (CCCPH), adopted by the State Water Resources Control Board pursuant to California Health and Safety Code Section 116407, as it may be amended from time to time, is hereby adopted and incorporated herein by reference as though set forth in full, and made a part of this chapter insofar as applicable to the protection of the City’s public water supply system. (b) Purpose; applicability.
(1) The purpose of this section is:
(A) To protect the public water supply against actual or potential crossconnection by isolating within the premises contamination that may occur because of some undiscovered or unauthorized cross-connection on the premises;
Ordinance No. NS-XXX
(B) To eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable for human consumption;
(C) To eliminate cross-connections between drinking water systems and sources of contamination; and
(D) To prevent the making of cross-connections in the future. (2) It is unlawful to make or maintain, for any period of time whatsoever, any crossconnection between plumbing pipes or water fixtures being served with water by the agency and any other source of water supply, or to maintain any sanitary fixture or other appurtenances or fixtures which 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 customer of the city.
(3) No water service connection to any premises of a type specified in subsection (i) shall be installed or maintained unless the public water supply is protected as required by applicable state regulations and this section.
(c) Approval.
(1) Each backflow preventer required hereunder shall be approved by the agency prior to installation and shall be installed by and at the expense of the customer for continued service or before a new service will be granted.
(2) The agency shall approve a device when the device has received approval by the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California (or other qualified organization as designated by the agency), and will provide desired service and reliability. The agency shall provide, upon request, to any affected customer, a list of approved devices.
(d) Installation.
(1) Devices shall be installed as close as practical to the customer's service connection and shall be installed above grade in an accessible location approved by the agency. (2) Devices shall have at least the same cross-sectional area as the water meter. In those instances where it is determined that a continuous water supply is necessary, two (2) sets of devices shall be installed in parallel. Where parallel devices are required, the sum of the cross-sectional areas of the devices shall be at least equivalent to the crosssectional area of the meter. (e) Maintenance, testing, and records.
(1) The customer shall test and service such devices at least once a year and immediately after installation, relocation, or repair. A report, in a form acceptable to the agency, which sets forth the results of such test(s) shall be filed immediately with the agency. The agency may require a more frequent testing schedule if it is determined to be necessary and all costs shall be borne by the customer.
Ordinance No. NS-XXX
(2) Devices shall be serviced, overhauled or replaced whenever they are found to be defective. All costs of such service, overhaul or replacement, including testing, repair, and maintenance shall be borne by the customer. The agency may require device information, such as location and pictures, to be submitted with the test forms. (3) The agency will supply affected customers with a list of persons acceptable to the agency to test devices.
(4) The agency will notify affected customers when annual testing of a device is needed.
Failure to notify shall not relieve the customer of the obligation to test and service its devices,
(5) Upon the issuance of a third and final notice to test a device, the agency may impose a backflow preventer third-and-final-notice generation fee in an amount established by resolution of the city council.
(6) The city reserves the right to hire a private tester to test the device and bill the customer for the cost of the test plus a backflow device testing administrative fee as set by resolution of the city council, which shall be the responsibility of the applicant, if a device has not been maintained and tested within six (6) months, or one hundred eighty (180) days, from the date when the first notice regarding testing was mailed. Reasonable efforts to notify the customer of the impending testing will be made. (f) Backflow prevention device removal.
(1) Notification and approval. The agency must be notified and approval must be obtained from the agency before a device is removed.
(2) Removal in general. The use of a device may be discontinued and the device removed from service upon presentation of sufficient evidence to the agency to verify that a hazard no longer exists or is not likely to be created in the future. (3) Removal for relocation. A device may be relocated following confirmation by the agency that the relocation will continue to provide the required protection to satisfy installation requirements. A retest will be required, prior to return to service, following the relocation of the device.
(4) Temporary removal for repair. A device may be removed for repair or service, provided water use is either discontinued until repair is completed and the device is returned to service, or the service connection is equipped with backflow protection approved by the agency. A retest will be required, prior to return to service, following the repair or service of the device.
(5) Temporary removal for replacement. A device may be removed and replaced, provided water use is discontinued until the replacement device is installed. All replacement devices must be approved by the agency prior to being put into service and must be commensurate with the degree of hazard involved. A retest will be required, prior to return to service, following the replacement of the device. (g) Water system survey.
Ordinance No. NS-XXX
(1) Plans and specifications must be submitted to the agency upon request for review of possible cross-connection hazards for new or existing service connections. If it is determined that a device is necessary to protect the public water system, the required device must be installed before service will be provided or continued. (2) The agency may conduct an on-premises inspection or reinspection to evaluate crossconnection hazards. Any customer which cannot or will not allow an on-premises inspection of their piping system shall be required to install the device the agency considers necessary.
(h) User supervisor. At each premises where it is necessary in the opinion of the agency, a user supervisor shall be designated by and at the expense of the customer. This user supervisor shall be responsible for the monitoring of the devices and for avoidance of cross-connections.
In the event of contamination or pollution of the drinking water system due to a cross-connection on the premises, the agency shall be promptly notified by the user supervisor so that appropriate measures may be taken to overcome the contamination. The customer shall inform the agency of the user supervisor's identity on, as a minimum, an annual basis and whenever a change occurs.
(i) Type of protection required.
(1) 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 customer's premises. The type of device shall be one (1) of the following:
(A) Approved air gap separation (hereinafter "AG");
(B) Approved double check valve assembly (hereinafter "DC"); or (C) Approved reduced pressure principle assembly (hereinafter "RP"). (2) The customer may choose a higher level of protection than required by the agency. The minimum types of backflow protection required to protect the approved water supply at the customer's water connection to premises, with varying degrees of hazard, are provided 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 agency.
(3) In those instances where conditions warrant, the agency may modify the minimum installation herein indicated as appropriate to provide a degree of protection commensurate with the degree of hazard.
TABLE 1. TYPE OF BACKFLOW PROTECTION REQUIRED
Ordinance No. NS-XXX
Degree of Hazard Minimum
Type of
Backflow
Protection
1. Aircraft and missile plants RP
2. Automotive plants RP
3. Auxiliary water systems (interconnected) RP
4. Auxiliary water systems (not interconnected) RP
5. Beverage bottling plants RP
6. Boilers RP
7. Breweries RP
8. Buildings greater than three (3) stories or greater than thirty-four (34) feet in height from curb level
DC
9. Buildings with two (2) or more service connections (interconnected) DC
10. Buildings with house pumps and/or potable water storage tank DC
11. Buildings with wastewater pumping and/or treatment plants (not interconnected)
RP
12. Canneries RP
13. Car wash facilities RP
14. Centralized heating and air conditioning plants RP
15. Chemical plants RP
16. Chemically treated potable water systems RP
17. Civil works (facilities not subject to city plumbing inspection) RP Ordinance No. NS-XXX
Degree of Hazard Minimum
Type of
Backflow
Protection
18. Commercial laundries RP
19. Cooling towers AG
20. Dairies and cold storage plants RP
21. Dye works RP
22. Film processing laboratories RP
23. Fire protection system with biological or chemical additives RP
24. Fire protection system with unapproved auxiliary water supply (not interconnected)
DC
25. Fire protection system with unapproved auxiliary water supply (interconnected)
RP
26. Fire protection system with storage tanks or private reservoirs DC
27. Fire protection systems with two (2) or more service connections (interconnected)
DC
28. Food processing plants RP
29. High schools and colleges RP
30. Holding tank disposal stations RP
31. Hospitals (major complexes) RP
32. Irrigation systems RP
33. Laboratories using toxic materials RP
34. Manufacturing, processing, and fabricating plants using toxic materials RP Ordinance No. NS-XXX
Degree of Hazard Minimum
Type of
Backflow
Protection
35. Manufacturing, processing, and fabricating plants using nontoxic materials RP
36. Medical and dental buildings RP
37. Mobile home parks DC
38. Motion picture studios RP
39. Oil and gas production facilities RP
40. Paper and paper production plants RP
41. Plating plants RP
42. Premises where recycled water is used (not interconnected) RP
43. Radioactive materials processing facilities RP
44. Restricted, classified, or other closed facilities RP
45. Rubber plants RP
46. Sand and gravel plants RP
47. Sewage and storm drainage facilities RP
48. Any premises where there is a repeated history of cross-connections being established or reestablished
RP
49. Unapproved water systems or private piping systems constructed without the approval of the agency or the city's planning and building agency AG
50. Premises where entry is restricted so that inspections for cross connections cannot be made with sufficient frequency or at sufficiently short notice to assure that they do not exist
RP
Ordinance No. NS-XXX
(j) Discontinuance of water service.
(1) Service of water to any premises may be discontinued by the agency, after notice, if a device is not installed, tested, and maintained as required by this section, or if any defect is found in an installed device, or it is found that a device has been removed or bypassed, or if unprotected cross-connections exist on the premises, or if the agency determines a hazard or potential hazard exists.
Service will not be restored until such conditions or defects are corrected. (2) When the agency encounters water uses that represent a clear and immediate hazard to the potable water supply, the agency shall institute the procedure for discontinuing the city water service.
(3) Conditions or water uses that create a basis for refusal to provide or termination of water service shall include, but are not limited to, any of the following items:
(A) Refusal to install a required device.
(B) Refusal to test a device.
(C)Refusal to repair a faulty device.
(D)Refusal to replace a faulty device.
(E) Direct or indirect connection between the public water system and a sewer line.
(F) Unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants. (G)Unprotected direct or indirect connection between the public water system and an auxiliary water system.
(H)A situation which presents an immediate health hazard to the public water system.
(4) Water service termination procedures shall include the following items:
(A)For conditions (3)(A), (3)(B), (3)(C) or (3)(D) of subsection (j) above, the agency will terminate service to a customer's premises after written notice has 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.
Ordinance No. NS-XXX
(B)For conditions (3)(E), (3)(F), (3)(G) or (3)(H) of subsection (j) above, the agency will take the following steps:
(i) Make a reasonable effort to advise customer of intent to terminate water service.
(ii) Terminate water supply and lock service valve. The water service will remain inactive until correction of violations has been approved by the agency.
(k) Information requests. Upon request, the agency will provide interested parties with copies of section 39-29, rules and regulations for the testing and maintenance of devices, and such other advice, information, illustrative sketches, drawings and data as may be necessary to familiarize the customers, engineers, architects and others with agency requirements.
SECTION 3. Chapter 39, Article VI of the Santa Ana Municipal Code is hereby repealed in its entirety.
SECTION 4. Chapter 39, Article VI of the Santa Ana Municipal Code is hereby reenacted in its entirety to read as follows:
ARTICLE VI. WATER CONSERVATION DIVISION
1. GENERALLY
Sec. 39-84. - Purpose.
This article establishes water management requirements necessary to conserve water, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, and prevent unreasonable method of use of water within the City of Santa Ana in order to assure adequate supplies of water to meet the needs of the public, and further the public health, safety, and welfare, recognizing that water is a scarce natural resource that requires careful management not only in times of drought, but at all times.
Sec. 39-85- 39-87. - Reserved.
DIVISION 2. - DEFINITIONS
Sec. 39-88. - Definitions.
For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:
“City” shall mean the City of Santa Ana, California.
“City Manager” means the chief administrative officer of the City of Santa Ana, as fully described by Article V of the City Charter.
Ordinance No. NS-XXX
“Cost” means the actual cost to the City, including all labor, material, supplies, equipment and miscellaneous items, together with any applicable indirect and general charges, plus the general administrative overhead, in accordance with the accounting practices of the City.
“Customer” means water customer or water user.
“Common area” means that portion of a common interest development or of a property owned or managed by a homeowners’ association or a community service organization or similar entity that is not assigned or allocated to the exclusive use of the occupants of an individual dwelling unit within the property.
“Common interest development” means any of the following:
(a) A community apartment project.
(b) A condominium project.
(c) A planned development.
(d) A stock cooperative.
“Community service organization or similar entity” means a nonprofit entity, other than an association, that is organized to provide services to residents of the common interest development or to the public in addition to the residents, to the extent community common area or facilities are available to the public. “Community service organization or similar entity” does not include an entity that has been organized solely to raise moneys and contribute to other nonprofit organizations that are qualified as tax exempt under Section 501(c)(3) of the Internal Revenue Code and that provide housing or housing assistance.
“Community space” means an area designated by a property owner or a governmental agency to accommodate human foot traffic for civic, ceremonial, or other community events or social gatherings.
“Disadvantaged community” means a community with an annual median household income that is less than 80 percent of the statewide annual median household income. “Executive Director of Public Works” means the chief administrative officer of the Public Works Agency of the City of Santa Ana, or his or her designee. “Flow restricting device” or “flow restrictor” means a fitting inserted into the service connection to reduce flow capacity.
“Functional turf” means a ground cover surface of turf located in a recreational use area or community space. Turf enclosed by fencing or other barriers to permanently preclude human access for recreation or assembly is not functional turf. “Homeowners’ association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
Ordinance No. NS-XXX
“Landscape Irrigation System” means an irrigation system with pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system. “Nonfunctional turf” means any turf that is not functional turf, and includes turf located within street rights-of-way and parking lots.
“Person” shall mean any natural person, corporation, partnership, government entity or subdivision, trust, estate, cooperative association, joint venture, business entity, or other similar entity, or the agent, employee or representative of any of the above. “Potable Water” means water that is suitable for drinking. “Recreational use area” means an area designated by a property owner or a governmental agency to accommodate human foot traffic for recreation, including, but not limited to, sports fields, golf courses, playgrounds, picnic grounds, areas. This recreation may be either formal or informal.
“Recycled water” or “reclaimed water” means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption.
“Service connection” means the pipe or tubing, fittings, and valves necessary to conduct water from the distribution main to and through the meter. “Single Pass Cooling Systems” means equipment where water is circulated only once to cool equipment before being disposed.
“Valve” means a device used to control the flow of water. “Water Allocation” shall mean the amount of water a customer may use in a billing cycle pursuant to this article.
"Water customer" means the person in whose name service is rendered as evidenced by the signature on the application, contract or agreement for that service, or in the absence of a signed instrument, by the receipt and payment of bills regularly issued in his/her name, regardless of the identity of the actual user of the service. "Water feature" or "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 landscaped area. Constructed wetlands used for on-site wastewater treatment, habitat protection 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. “Water Shortage Contingency Plan” means the plan prepared by the City pursuant to Ordinance No. NS-XXX
Water Code Section 10632, as part of the City’s Urban Water Management Plan. “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.
"Water Shortage Emergency" shall mean a condition existing within the City of Santa Ana in which the ordinary water demands and requirements of persons within the City cannot be satisfied without depleting the water supply of the City to the extent that there would be insufficient water for human consumption, sanitation, and fire protection. A water shortage emergency includes both an immediate emergency, in which the City is unable to meet current water needs of persons within its jurisdiction, as well as a threatened water shortage, in which the City determines that its supply cannot meet an increased future demand.
"Water user" means any user of water including a water customer. “Water System” has the meaning set forth in the City’s Code Section 39-1 or any successor provision thereto.
“Water Waste” has the meaning of wasteful and unreasonable use as defined in the California Water Code or by the City’s permanent water conservation requirements.
DIVISION 3. - RESERVED.
Sec. 39-89 - 39-95. - Reserved.
DIVISION 4. - REGULATIONS GOVERNING WATER CONSERVATION PHASES Sec. 39-96. - Applications.
(a) The provisions of this article apply to any Customer, Person, and property using water provided by and/or used within the City.
(b) The provisions of this article do not apply to uses of water necessary to protect public health and safety or for essential government services, such as police, fire, and other similar emergency services.
(c) The provisions of this article do not apply to the use of Recycled Water, with the exception of Section 39-99, as Recycled Water is considered a valuable source of water.
(d) The provisions of this article do not apply to the use of water from private wells, with the exception of Section 39-99.
(e) This article is intended solely to further the conservation of water. It is not intended to implement any provision of federal, State, or local statutes, ordinances, or regulations Ordinance No. NS-XXX
relating to protection of water quality or control of drainage or runoff.
Sec. 39-97. - Procedures for Determination of Water Supply Shortage and Level Implementation.
(a) Under Water Code Section 10632.1, the City is required to submit a water supply and demand assessment "report" to the California Department of Water Resources by July 1 of each year.
(b) The City will follow a written decision-making process defined in the Water Shortage Contingency Plan (WSCP) to assess water supply reliability on an annual basis. (c) The Executive Director of Public Works will determine if a water shortage exists based on the water shortage levels defined in the WSCP.
(d) In the event a water shortage is triggered according to the procedures and conditions defined in the adopted WSCP, the City Council shall make findings of water supply shortage and declare the applicable water conservation stage by resolution. The implemented stage of the water supply shortage shall be in effect until the City Council declares that the water supply shortage has ended or until another stage has been implemented.
(e) The public will be informed of the shortage according to the Procedures and Protocols for Communication identified in Section 39-98 of this Ordinance.
Subject to subsequent ratification by the City Council, when the Executive Director of Public Works determines that a sudden event has, or threatens to, significantly diminish the reliability or quality of the City's water supply, the Executive Director of Public Works may declare a catastrophic water supply shortage and impose emergency water allocation or conservation actions as deemed necessary, in the Executive Director of Public Works' professional judgment, to protect the reliability and quality of the City's water supply, until the emergency passes or the City takes other action.
Sec. 39-98. - Procedures and Protocols for Communication.
Upon declaration of a Water Shortage Emergency, the City will inform all relevant stakeholders, such as Customers, the public, interested parties, and local, regional, and state governments, of the effective date of the water shortage response actions associated with the relevant level according to the communication procedures identified in the City's WSCP, including:
(a) Any current or predicted shortages as determined by the annual water supply and demand assessment.
(b) Any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment.
(c) Any other relevant communications.
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Sec. 39-99. - Permanent Water Conservation Requirements - Prohibition Against Water Waste.
The following water conservation requirements are effective at all times and are permanent.
Violations of this section will be considered waste and unreasonable use of water.
Noncompliance with restrictions on water waste shall be subject to an administrative citation.
Additionally, the City's WSCP establishes additional demand reduction actions that can be implemented at specified water shortage levels, based on the severity and duration of water shortage conditions.
(a) Washing hard or paved surfaces is prohibited except to alleviate safety or sanitary hazards using a handheld container, hose with an automatic shut off device, or a lowvolume high pressure cleaning machine that recycles used water. (b) Watering vegetated areas in a manner that causes excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter, or ditch is prohibited. (c) No landscape watering shall occur within 48 hours after measurable precipitation. (d) Washing or hosing down vehicles is prohibited except by use of a handheld container, hose with an automatic shut off device, or at a commercial car wash. (e) All decorative water features must re-circulate water or users must secure a waiver from the City.
(f) Fix leaks or faulty sprinklers promptly/within 3 day(s). (g) All new commercial car wash and laundry facilities must re-circulate the wash water or obtain a waiver from the City.
(h) Use a shutoff nozzle on hoses.
(i) Unauthorized use of hydrants is prohibited. Authorization for use must be obtained from water supplier.
(m) The use of potable water for the irrigation of nonfunctional turf located on commercial, industrial, and institutional properties, other than a cemetery, and on properties of homeowners' associations, common interest developments, and community service organizations or similar entities is prohibited as of the following dates:
(1) All properties owned by the Department of General Services, beginning January 1, 2027.
(2) All properties owned by local governments, local or regional public agencies, and public water systems, except those specified in paragraph (5), beginning January 1, 2027.
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(3) All other institutional properties and all commercial and industrial properties, beginning January 1, 2028.
(4) All common areas of properties of homeowners' associations, common interest developments, and community service organizations or similar entities, beginning January 1, 2029.
(5) All properties owned by local governments, local public agencies, and public water systems in a disadvantaged community, beginning January 1, 2031, or the date upon which a state funding source is made available to fund conversion of nonfunctional turf on these properties to climate-appropriate landscapes, whichever is later.
(n) Notwithstanding subdivision (m), the use of potable water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial nonturf plantings, or to the extent necessary to address an immediate health and safety need.
(o) Any landscaping installed pursuant to the requirements of Ch. 41 shall be subject to all requirements imposed by Ch.39-99.
Sec. 39-100. - Water Shortage Levels.
The City's Water Shortage Contingency Plan defines water supply shortage levels based on increasing percentages of water supply reduction.
The City Council by resolution shall require or impose reductions in the use of water if such reductions are necessary in order for the City to comply with water use restrictions imposed by federal, state or regional water agencies, or to respond to local or regional water shortage conditions and emergencies, as defined in the City's Water Shortage Contingency Plan.
Depending on the expected duration and severity of the shortage, these actions may include, but are not limited to, some or all of the demand reduction actions listed for each water supply shortage levels listed in the WSCP.
During each elevated water supply shortage level, the demand reduction action will include the Permanent Water Conservation Requirements and the actions of the previous level(s).
Each level is intended to be more restrictive than the previous level(s). The City may implement other prohibited water uses as determined by the City, after notice to Customers.
In an emergency declaration of Level 6, the City Manager, or designee, may make the declaration, which will be ratified by the City Council at a subsequent public hearing per State law.
Sec. 39-101. - Correlation Between City Water Supply Shortage Levels and California Department of Water Resources Water Supply Shortage Levels.
The City's water supply shortage levels are aligned with theStateWater SupplyShortage Levels Ordinance No. NS-XXX
and therefore comply with Water Code Section 10632(a)(3) as may be updated from time to time.
Sec. 39-102. - Levels of Declared Water Supply Shortage.
The City Council is authorized to require or impose reductions in the use of water by resolution if such reductions are necessary to comply with Water Supply Shortage conditions as defined in the City's Water Shortage Contingency Plan.
Sec. 39-103. - Hardship Waiver.
(a) Waiver: If, due to unique circumstances, a specific requirement of this article would result in undue hardship to a Person using water or to property upon which water is used, then the Person may apply for a waiver from the requirements provided in this section. Unless specified otherwise at the time a waiver is approved, the waiver will apply to the subject property during the period of the mandatory water supply shortage condition.
(1) Application for a Waiver. Application for a waiver must be on a form prescribed by the Executive Director of the Public Works Agency, or his or her designee. (2) Supporting Documentation. The written application shall be accompanied by photographs, maps, drawings, or other pertinent information as applicable, including a written statement of the applicant.
(3) Required Findings for Waiver. Based on the information and supporting documents provided in the application, additional information provided as requested, and water use information for the property as shown by the records of the City, the Executive Director of the Public Works Agency, or designee, in making the waiver determination, will take into consideration the following:
(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 article would have a disproportionate impact on the property or use that exceeds the impacts to water service Customers generally;
(C)That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the City to effectuate the purpose of this article and will not be detrimental to the public interest;
(D)That the condition or situation of the subject property or the intended Ordinance No. NS-XXX
use of the property for which the waiver is sought is not common, recurrent or general in nature; and
(E) That no Person shall be given relief on appeal for hardship unless the water service Customer has installed water saving devices, as determined by the City, and made every reasonable effort to reduce water use.
(b) Approval Authority. The Executive Director of Public Works, or designee, will act upon any completed application after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver will be promptly notified in writing of the action taken. The decision of the Executive Director of Public Works, or designee, is final.
Sec. 39-104. - Penalties, Violations, and Enforcement.
Noncompliance with restrictions on water waste shall be subject to an administrative citation.
The penalties set forth in this section shall be additional to those penalties provided in any other section of this Code. The penalties for failure to comply with any of the prohibited use provisions of this article shall be as follows:
(a) First Violation: The City shall issue a written notice pursuant to section 39-105. (b) Second Violation: A second violation within one year from the date of the first violation is punishable by a fine as adopted in the City’s Miscellaneous Fee Schedule. (c) Third and Subsequent Violation(s): A third violation within one year from the date of the first violation and any subsequent violation is punishable by a fine as adopted in the Miscellaneous Fee Schedule. In addition to the fine and at the discretion of the Executive Director of Public Works, or his or her designee, the City may implement one or more of the following:
(1) Water Flow Restrictor Device: The City may install a water flow restrictor device of approximately one gallon per minute.
(2) Termination of Service: Subject to applicable law, the City may disconnect and/or terminate a Customer's water service for a willful violation of mandatory restrictions in this article.
(3) Cost of Restricting Flow or Disconnecting Service: A Person that violates this article is responsible for payment of the City's charges for disconnecting and/or reconnecting service. All associated costs and fines must be paid in full prior to service restoration. Nonpayment will be subject to the same remedies as nonpayment of basic water rates.
(4) Separate Offenses: Each day that a violation of this ordinance occurs is a separate offense.
Ordinance No. NS-XXX
Sec. 39-105. - Notice of Violation.
(a) If any Person fails or refuses to comply with this article, the Executive Director of Public Works, or his or her designee, shall provide that Person with written notice of the violation and an opportunity to correct the noncompliance. The written notice shall:
(1) Be posted or presented at the site of the noncompliance; (2) State the time, date, and place of violation;
(3) State a general description of the violation;
(4) State the means to correct the violation;
(5) State a date by which correction is required; and,
(6) State the possible consequences of failing to correct the violation. (b) The City will issue a Notice of Violation by mail or personal delivery to the address of the violation, to the party who is billed for the water, or to the owner of the property, as appropriate at least ten (10) calendar days before taking enforcement action. Such notice must describe the violation and the date by which corrective action must be taken.
(c) Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the City may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared Water Shortage Level condition.
Sec. 39-106. - Procedures for Monitoring Compliance and Reporting to the State.
In order to ensure compliance with state reporting requirements and Customer compliance, the City will ensure to collect, track, and analyze relevant data per the procedures defined in the WSCP.
Sec. 39-107. - Reevaluation and Improvement Process of Water Shortage Procedures.
To ensure that water shortage risk tolerance is adequate and appropriate water shortage mitigation strategies are implemented, the WSCP will be reviewed and evaluated as defined by the procedures identified in the WSCP as needed.
Sec. 39-108 - 39-116. - Reserved.
SECTION 5. The City Council finds, in accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, that the introduction and adoption of the proposed ordinance is exempt from environmental review as the ordinance establishes Ordinance No. NS-XXX
regulations and procedures for the maintenance and protection of water resources and the environment pursuant to Title 14 of the California Code of Regulations §§ 15307, 15308. In addition, pursuant to California Water Code § 10652, actions taken to implement water shortage contingency plans are not subject to CEQA. Further, the proposed ordinance is exempt as it contains enforcement actions by a regulatory agency. (14 CCR §15321.) Moreover, the ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the administrative, regulatory, and enforcement provisions of this ordinance may have a significant effect on the environment. (14 CCR § 15061(b)(3).) SECTION 6. Severability. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional.
SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days after its adoption.
SECTION 8. Publication. City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law.
ADOPTED this ___ day of __________________, 2026.
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
_______________________________
Kyle Nellesen
Assistant City Attorney
Ordinance No. NS-XXX
AYES: Councilmembers: ________________________________________ NOES: Councilmembers: ________________________________________ ABSTAIN: Councilmembers: ________________________________________ NOT PRESENT: Councilmembers: ________________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No.
NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on City of Santa Ana_________________, 2026.
Date: ________________ ____________________________________ City Clerk
City of Santa Ana