Recorded by:
27 *Resource Name or # (Assigned by recorder)
*Date 0911412023
Sarah Morrison House
fi Continuation Lorie Garcia fi Update
(Continued from page 2, Form 5231)
Opening on Lexington Street, a short, bick paved, driveway leads to a small, gable roofed, one-car garage that faces Lexington Street.
The garage is sheathed in wood board and batten siding and the roof is shingled. lt has a garage door constructed of horizontal siding that is hinged on bpth sldes and opens in the middle. A paneled wood man-door, set near the rear of the garage's wesf side elevation, allows access to the garage from the immediately adjacent rear yard and a small 9-paned wood window provides light inside the garage. The garage remains as originally constructed.
Characteized by an A-frame shape, this wooden, single-family residence was designed in a symmetical plan with a rectangular footprint, both the shape and form of an Eastem Shingle Cottage style home, which was specifically created to fit on narrow deep lots. /f is sef on a foundation over a basement, which elevates the living area approximately 4 feet above the ground. As is specifically characteistic of the English Shingle Cottage architectural style, it has a dominant front-facing, gable roof that is slightly belled at the boftom, the front and sides of which meet in a perfect seam. The roof, which large enough to cover the entire upper story, is punctuated with an elongated pent roof dormer that projects from each side of the prominent gable. The gable's narrow eaves are enclosed, finished with simple flat boards, as are those of the pent roof dormers. Both the main roof and dormer roofs are sheathed with cedar wood shingles. Near the rear, a brick fireplace chimney projects through the roof. The rear facade is punctuated by a shingle roofed one-story, enclosed sun porch.
The most obvious feature of a Shingle Style home is the generous and continuous use of wood shrng/es on the siding which, according to McAlester, might occur on the second story only where a near uniform sheath of rows of wooden shrngles covers the second story, white first sfo47 is sheathed in narrow horizontal wood siding with the walls of each story, uninterrupted at the corners (no corner boards). The upper story of this Eastern Shingle Cottage, including the dormers, is covered with shingles, while narrow horizontal wood siding sheathes the both first floor, the basement and foundation area below. The rear sun porch is sheathed in narrow, hoizontal siding from the foundation to the main floor level and then with vertical siding (beadboard) to the eaves. A nanow band of molding, in emulation of a water table wraps around a// sides of the house, ending on either side of the prolecting sun porch.
Porches in Shingle houses were integrated fully into the overall design rather than built as separate attachments. The small front porch of this house was designed in this manner, absorbed within the peimeter of the house and offset to the left. Located at the north, open end of the porch, the roof rests on a thick support column that is sheathed in the same narrow, horizontal wood siding that covers the house. Between the house and column is a low knee wall, trimmed at the top with the same "water table" molding.
The main entry is on the front (west) fagade and ls accessed by 7 wide, bull-nosed wood steps that lead from the walkway from Monroe Street to the front porch. Stoops flank the front entry steps. The front door is centered on the porch and faces Monroe Street. The wooden door (original) consisfs of a large sfarned-glass window, set into the top half , over two large, rectangular, horizontally oientated wood panels in the bottom half. Plain wide wooden molding with back banded tim, surrounds the entry door. A secondary entry, accessed by 6 wood sfeps, ls located at the rear. The rear entry door, which is wood with a window containing 9 g/ass panes, separated by muntins, in the top half and 2 large veftically oriented wood panels in the bottom half, leads into the sun porch and ls sef flush with the top entry step. There is no landing. A simple wood railing with plain wood balusters, ls sef on either side of the rear entry sfeps. Af the rear of the house, set at ground level adjacent to sun porch's south side, is the extemal entry to the basement. A simple, wo.oden, shed-style double door provides access to the 6 wood sfeps, which provide entry into the partially finished basement.
Other character-defining features of this home fnctude its windows, which are typicat English Shingle Cottage style where one-over-one sash windows are the most common. Fenestration of this home's first and second sfon'es is rectangular in form, vertically oiented,lover-l , double-hung wooden windows both paired and single with casement and fixed windows set into the rear sun porch. A character-defining feature of the English Shingle Cottage is that the gable face is pierced by one or two windows which serve to break up its bulky expanse. The front fagade gable face of this house has a pair of large, vertically orientated 1-over-1 windows centered on it.
There is a projecting sill and unlike the other windows on the main body of the house, which are timmed with wide, flat, back-banded boards, fupical of this architectural style, this pair of gable-face windows are trimmed with decorative molding and have an apron also made of decorative molding. This upper story window is further enhanced by a row of shingles that curve over the top of the window tim This row of shingles is omamented with a row of sawtooth shingles laid on top of the squared shingles below and which extend across the gable face. Note: the use of a row of shingles that curve above the window head was not just for ornamental purposes.
Shingle style homes were an experiment in throwing off rigid stylistic rules of earlier architectural styles and rather than employing metal (Continued on page 4, Form 523L)
DPR 5231 (1/95) xRequired information
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary #
HRI #
Trinomial
Recorded by:
27 xResource Name or # (Assigned by recorder)
*Date 0911412023
Sarah Monison House
Lorie Garcia I Continuation fi UpOate
(Continued from page 3, Form 5231)
flashing above the window head trim to prevent water from getting behind the thick wood trim, as had been used previously, the Shingle styleldesigners employed a row of shlng/es to simply curve out above the window head to shield the top trim from rain. Located, slightly off-center in the rear gable face, is a single, vertically oientated l-over-l window, with a projecting sill, an apron and with window trim similar to the pair on the front gable face.
The north-facing dormer has two large, rectangular, vertically orientated windows, with projecting sill, aprons and trim similar to that of the pair of gable face windows. The south facing dormer, with windows visible from Lexington Sfreel a/so has two windows. However, while the one to the rear is similar to those on the nofth facing dormer, the window towards the front is highly distinctive and provides an eye-catching feature. Here a triangular bay window, with a 1-over-1 window timmed with molding, set in each slanted side, proiects from the body of the dormer. The bay is supported undemeath by a solid triangular platform, trimmed at the top with wide decorative molding. All of the dormer windows, both on the north and south facing dormers, are enhanced by an architrave.
On the front fagade, centered in the wall plane, the first story has a pair of large, 1-over-l , vertically oriented windows. The south sideelevation has a single large, 1-over-1 , vertically oiented window towards the front, followed by a pair in the middle and a smaller, square 1-over-l window towards the rear. The front and the south side-elevation windows are trimmed with flat, wide back-banded boards (a character-defining feature), have no s//s or aprons and rest on the water table molding. Fenestration of the first story on the north side-elevation consists of a medium-height,1-over-1 vertically orientated window centered on the wall plane, followed by a large,lover-l vertically oientated window and then a small window with a single pane at the rear. The nofth side-elevation windows are timmed with flat, wide back-banded boards and have wide decorative molding underneath. They are set above the water table. At the rear of the house, a pair of casement windows ls sef rnfo the wall plane adjacent to the sun porch. Like the rest of the first story windows the pair of casement windows are timmed with flat, wide back-banded boards, however there is a narrow sill. AII of the windows of the main body of the house are wood and all of the windows appear to be original.
The south side-elevation of the rear sun porch has a large window, consisting of six large panes of glass separafed by muntins, that fills the top half (above the veftical beadboard siding) of the wall. The sun porch's rear has tvvo pair of casement windows. With the exception of the left middle one, which can open, they have been fixed in place. On the nofth side-elevation of the sun porch, occupying the same wall space as on the sun porch's south side-elevation, is a ibbon of three tall, narrow windows each of which conslsfs of 2 rectangular panes of g/ass separated by muntins. AII of the windows of the sun porch are wood framed and all of the wi ndows appe ar o rig in al.
Small basement windows, sef c/ose to the ground, are located in both the nofth and south side-elevations. Ihese are also trimmed with wide, flat boards, which on the nofth side elevation are plain while those on the south side elevation are back-banded.
The rear of the property's open space was altered with the 1915 construction of a second home (1255 Lexington Street) and subsequent division of the oiginal lot into two separate properties. However, the subject home is in good condition and appears to have had minimal to no external alteration sr'nce lfs construction in 1903.
DPR s23L (1/95) *Required information
State of California C The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
BUILDING. STRUCTURE. AND OBJECT RECORD
81. Historic Name: None
B.2. Common Name: None
*NRHP Status Code N/A
*Resource Name or # (Assigned by recorde| Sarah Morison House
83. Original Use: Sinqle family residential 84. Present Use: Stng/e family residential *85. Architectural Style: Shingle - Eastem Shingle Cottage/First Bay Tradition *B5. Construction History: (Construction date, alterations, and date of alterations) The residence was constructed in 1903.
*B7'iMoved?ffiNonYes!UnknownDate:-originalLocation:
*B8. Related Feftures: Garage
B9a. Architect: Not known b. Builder: Morrison Brothers (Kenneth & Angus Morison). *B10. Significance: Theme Architecture and Shelter Area Santa Clara Old Quad Period of Significan ce 1903-1964 Property Type Residential Applicable Criteria none (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.) The parcel located at 81 1 Monroe Sfreef is a poftion of a larger parcel that had oiginally been identified as Lot 3 of Block 2 South, Range 3 West of the oiginal survey of the City of Santa Clara. This survey was done July 1866 by J. J. Bowen and recorded on August 22 of that same year. (t is this survey that forms fhe basls for the part of Santa Clara known as the "OId Quad.") Block 25, R3W, framed by Liberty (Homestead Rd.), Jackson, Lexington and Monroe Sfreefs, had been subdivided into three lots by 1866.
According to the list of property owners and their impravements, which accompanied the 1 866 survey, Lot 1 , a 47190 sq. ft. parcel, was owned by Abraham Madan, who had a frame house and orchard on his propefty. Caleb Ran owned Lot 2, a 22948 sq. ft. parcel, and had a frame house and a bam. Lot 3, a 22126 sq. ft. parcel, was owned by John Sgulres and a frame house and an orchard were listed as the improvements shown on his property.
John Squires, his wife, Martha and their young son, Uiah, settled in Santa Clara in the 1850s. Here they purchased the land that in 1855 would be designated Lot 3 of Block 25. R3W. Circa 1867, following his mothef s death, Uiah Squires, now a teacher, bought Lot 2 from Caleb Ran and moved into the house on it, near that of his aging father. The 1869 Poll List for the Sanfa Clara Election District (taken in October1868)recordsthatbyOctober3, 1868, whileJohnSquires,anSS-year-oldfarmerfromVirginia,residedonLot3,bynowhlsson, lJiah Erastus Sgulres, a 28-year-old teacher, was living on Lot 2. They are also shown living on this property on the 1870 Census. (Continued on page 6, Form 523L)
Bl 1. Additional Resource Attributes: (List attributes and codes) HP2 - Single Family Propefty *812. References: Garcia, Lorie, "Santa Clara: From Mission to MunicipaliA," 1997; Garcia Lorie, Geoff Goodfellow and George Giacomini, "A Place of Promise: The City of Santa Clara 1 852-2002," 2002; Map of the Town of Santa Clara, drawn by C. E. Moore, 1893; McAlester, Virginia Savage, 'A Field Guide to American Houses, " Reylsed ed., 2013; Polk and Husted City Directories,1898-1960; Morrison Family Archives, Pol/ Lisfs of the Santa Clara County Election Districts, Santa Clara Precinct, 1868; Prentice, Helene Kaplan and Blair Prentice, "Rehan Right," 1986; San Jose Mercury Herald 5/26/1903,3/7/1915; Sanborn Fire lnsurance Maps,1887,1892,1901,1915,1950; Santa Clara Commercial League, "Progressive Santa Clara," 1904; State of California, "California, State Couri Naturalization Records, 1850-1986;" Sunday Mercury & Herald 4/26/1903; The Evening News 9/7/1887, 1/9/1896, 12/2/1899, 3/18/1903,4/21/1903, 6/11/1909,4/16/1912,716/1917, 4E//1932; Warburton, Austen D., "The Morrison Family/Santa Clara Sagas," n.d.; WWll Draft Registsation Card No.2362,1942; United Sfafes Census, 1 870, 1 880, 1900, 1910, 1920, 1930, 1940. 813. Remarks:
t
.814. Evaluator: Lorie Garcia
*Date of Evaluation: September 14, 2023
(This space reserved for official comments.)
DPR 5238 (1/95)
HOMES1EAD
LEXINGTOII
u pt3o?, i* * *l* t2t g
I' lai l-- ll-l l;84 92 I
lt
(Sketch Map with north arrow required.)
lr, o
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2()
=
*Required information
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary #
HRI #
Trinomial
Recorded by:
Sarah Morison House
Lorie Garcia
(Continued from page 5, Form 5238, B10. Significance)
As shown on the Plat map of Santa Clara, drawn between 1873 and 1875, the configuration of Block 25, R3W was the same as delin,eated nine years earlier on the 1866 survey. On t he 1887 Sanborn Map a decade later, although a portion of Lot 2 appeared to have been divided,into 3 parcels, Lot 3 remained intact. However by now, John Squires had passed away and Uriah Erastus Sguires had sold his Lot 2 and Lot 3 property to George P. Thurston and his wife, Dora, and moved to Southern Califomia.
As the end of 1880s approached, the Town of Santa Clara was being descibed as a highly desirable place to live. lt was considered to have "All fhe Necessifles and Conveniences of a Modern Town," with public transpoftation readily available 1o San Jose, Santa Cruz, San Francisco, Oakland and from there to all points south and back east, a growing agricultural and manufacturing economic base, lfs own electic system, increasing housing stock and good schools. As a result, the number of people investing in real estate grew at a very rapid rate. Among fhese was George P. Thurston.
The son of avery affluentfamily, George P. Thurston had been born and raised in Bangor, Maine. There, in 1885, he married Dora.
Following their marriage George and Dora moved west, where they settled in San Francisco. He established his business as a Rea/ Estate Broker in San Francisco and stafted acquiring land. The Town of Santa Clara among the places he purchased property and here George P. Thurston bought Lots 2 and 3 of B2S R3W fro4n Erastus Squlres.
The C. E. Moore Map of the Town of Santa Clara, drawn in December 1893, indicates Dora Thurston as the owner of most of lot 2 and her husband, George P. Thurston, as owning a 75' x 150' portion of Lot 3. By then, he had sold the nofthem 76.5' x 150' section of Lot 3 to Margie A. A. Holmes. (A local Real Estate Broker, throughout the 1890s and eady 1900s, M. A. A. Holmes was engaged in the purchase and sale of propefty in the Santa Clara area.) George P. Thurston had also become acquainted with James P. Pierce, a very wealthy man who lived in Santa Clara. Besldes fhe numerous properties he owned throughout Califomia, in Santa Clara J. P. Pierce was the owner of the estate called New Park, a founder of the Bank of Santa Clara and the owner of the Pacific Manufacturing Company, the largest millworks on the Pacific Coast.
George P. Thurston became a member of the Board of Directors for James Pierce's Pacific Manufacturing Company (also called the P.M.Co.) and it was in this capacity that he probably became acquainted with John Cameron Morrison, who, since 1890 had been employed as Superintendent of the Pacific Manufactuing Company. lt would be John Cameron Morrison's father who would purchase Thurston's B2S R3W, Lot 3 property in 1903.)
Born in Apflj862 in Glengarry County, Ontaio, Canada, to John Donald and Mary Cameron Morison, John Cameron Morrison was the eldest of their 12 children. Growing up, John Cameron Morrison learned the carpentels trade from his fatherwho, a carpenter himself, trained hls sons in this trade. J. C. Morrison also had some fufther education in architecture and drafting and had worked as supeintendent of a Mill in Maxville, Ontario, before he immigrated to Los Angeles in 1886. ln 1887, John Cameron Morrison came north, where he settled in Oakland and gained employment as the foreman of the Robert Smilie Construction Company. A couple of years later, J. C. Morrison Ieft Oakland and moved to Santa Clara, where he went to work at the P.M.Co. (John Cameron Morison would be emptoyed as the Superintendent-of the Pacific Manufacturing Company untit 1932, when he teft to estabtish his own busrness, the Morrison Realty Company.)
In'1891, two of John C. Morrison's younger brothers 25-year-old Kenneth and 23-year-old Angus, left Canada and arived in Oakland, wiere they also went to work for the Smilie Ccinstruction Company. By 1893, they had moved to Santa Clara where they established their own construction company, the Morrison Brothers.
Two years later, in 1895, John, Kenneth and Angus were joined in Santa Clara by their 20-year-old brother, Norman. Norman Morrison was a/so a carpenter. He gained employment as such and then held several other positions at the Pacific Manufactuing Company until he entered Cooper Medical School. (Note: ln 1905, Norman graduated medical school and set up a practice in San Mateo, where he continued to practice until he was in his early 80s.)
ln 1898, the four brothef s sisfers, 25-year-old Sarah, and 20-year-old Anna, "Annie" (Monison) Wallace, and Annie's husband, David Wallace, arrived from Canada. After their arival, Sarah joined Norman in living with John Cameron Morrison and his wife and children in their home. In 1899, Sarah finished her nursing training at Stanford and the following year went to work at St, Luke's Sanitaium in (Continued on page 7, Form 523L
27 *Resource Name or # (Assigned by recorder)
*Date 0911412023 I Continuation I Update
DPR s23L (1/95) *Required information
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary #
HRI #
Trinomial
Recorded by:
27 *Resource Name or # (Assigned by recorder)
*Date 0911412023
Sarah Morison House
Lorie Garcia
(Continued from page 6, Form 5231)
San Jose. lt is not known where David and Annie (Morison) Wallace resided after their arrival but David became employed as a shipping clerk at the Pacific Manufactuing Company.
1 By the tum-of-the-Century, John Cameron and Angus were living in homes that they had erected and while Kenneth had purchased an existing house, he had almost immediately remodeled it. AII were located on Monroe Street within a block and one-half of each other.
Angus' home, one of the first four homes built on the block recently subdivided by C. C. Morse in 1893, lived at 726 Monroe Street.
Kenneth, who had purchased the old Deeing House in November 1899, had extensively reconstructed it into a large Colonial Revival dwetling and moved in by February 1900, resided at 894 Monroe Street on the SW comer of Monroe Street and Homestead (today,1310 Homestead Road). Located diagonally across the street from Kenneth's house was John Cameron's imposing Queen Anne home at 901 Monroe Sfreef, on the NE comer of Homestead and Monroe Street, (where Wilson's Bakery was located many years Iater).
tn 1902, the Morrison brothers and siste/s father, 67-year-old John Donald Morrison, their 60-year-old mother, Mary Cameron Morrison, their youngest brother and sister,l8-year-old Louis and 19-year-old Flora Mary [olla), Ieft Glengarry County, Ontaio, Canada and arrived in Santa Clara on September 3dh. They moved into a home at 99 Monroe Street and John Donald Morrison went to work at the P.M.Co.
On March 18, 1903 notice appeared in the Real Estate section of The Evening News (San Jose) thatfor$676 Dora Thurston et. ux., had sold John D. Morison the parcel of land located at the NE corner of Monroe and Lexington Sfreefs, which fronted 75 ft. on Monroe St. and 150 ft. on Lexington Sf. and was part of Lot 3 in Block 2 South, Range 3 West. The location of the property was ideal as lf was central to the area in which the three existing Morison homes were located. Then later in March, the San Jose Mercury reported that the Morison Brothers, the well-known Santa Clara building contractors, "intend to build two cottages" on the property.
The fotlowing month, the April 16, 1903 Sunday Mercury and Herald Real Estate Transactions section included the information about John D. Morrison's sa/e fo his daughter Annie's husband, David N. Wallace, of a 37 % ft. by 150 ft. section of the 75' x 150' parcel he had purchased the previous month. This would be the site 823 Monroe Street. The remaining 37 % ft. by 150 ft. section on the corner of Monroe and Lexington Sfreefs would be the site of 81 1 Monroe Street.
By the end of May the Morrison Brothers had received permits to connect to the Monroe Sfreef sewer line and a couple of months later, the two nearly identical houses, constructed by Angus and Kenneth Morrison on these sifes were ready for their occupants. The house at 823 Monroe was built for their sister, Annie, and brother-in-law, David Wallace and they erected the house at 81 1 Monroe for their parents, John Donald and Mary Cameron Morison, who moved into it along their son, Louis, and daughters, Sarah, who by now was working as a private nurse, and Lolta. The 1904 City Directory lists John Donald, Mary Cameron, Sarah (a nurse) and Louis (a student) atl living at 81 1 Monroe Street, which confirms that they had moved into the house in 1903, as the information printed in the City Directoies was gathered at least two months prior to their publication in January of each year. .f
On September 16, 1907, John Donald Morrison passed away and fotlowing his death, Mary Cameron, Sarah, Lota and Louis continued Iiving at 81 1 Monroe Street, The U. S. Census of Santa Clara Township, taken on April 21 , 1910 /lsfs Louis living at 81 1 Monroe Street as.Head of Household, along with hls slsfe4 Sqrah, and mother, Mary Cameron Morrison. The previous year Lolla had maried William HowardBult andmovedaway. Afterfinishing*chool LouishadgonetoworkasadraftsmanattheP.M.Mill. Now26,in1910Louis was sf// employed at the Pacific Manufactuing Company, but now working as an architect. Thirty-five-year-old Sarah was still working for a family as a pivate nurse and spent time engaged in activities for the benefit of those in the nursing profession. For, example, the previous year she had been one of the three leaders in establishing an organization of the graduate nurses of Santa Clara County.
Around 1911 Sarah married Afthur Jewell. He was a Railroad Engineer and when his job transferred him to Chicago, Sarah Morison Jewell and her husband would leave Santa Clara for a new home there. A notice in the January 12, 1912 Mercury stated that "Mr. Mrs.
A. Jewett have left for Chicago where they will remain." Now only Mary Cameron Morrison and Louis remained living in the home, which John Donald and Mary Cameron Morrison and three of their children had moved into nine years earlier. On October 4, 191 3, Louis maried Mabel Nelson of Sunnyvale. (Note: Dora Thurston hosted the marriage announcement party for them.) The couple (Continued on page 8, Form 5231)
I Continuation I Update
DPR 5231 (1/95) *Required information
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary #
HRI #
Trinomial
Recorded by:
27 xResource Name or # (Assigned by recorder)
*Date 0911412023
Sarah Morison House
Lorie Garcia
(Continued from page 7, Form 523L)
moved into a home in Mountain View, leaving Mary Cameron Morrison as fhe so/e occupant of 81 1 Monroe Sfreet Then, in 1914 when Worp War I broke out, Louis signed up for the Canadian Service, even though he was living in the United Sfafes. He would serue until 1918 and fottowinq his discharge instead of retuming here, Louis Morrison went to Chicago where he moved in with hls, sisfe4 Sarah, and Arthur Jewell. The 1920 Census shours him still living in hls sisfe/s home, employed as a candymaker and /isfs him as single.
In 191 5, the Morrison Brothers had built a small, 900 sq. ft. craftsman cottage for their mother, Mary Cameron. Sited on the 81 1 Monroe Street lot behind the subject house, Kenneth and Angus constructed the cottage facing Lexington Street (1255 Lexington St.).
Mary Cameron Morison moved into the cottage, where she was joined by her now widowed daughter Lolla, who lived with her until she remarried in Juty 181 8, and then in 1919, by her S1-year-old son, Donald, who had immigrated that year from Canada and moved in with his mother. Donald tived with her for a year then moved to Minnesota where he spent the remainder of his life. Following Mary Cameron Morrison's move lnto her Lexington Street house, the Morrison's home at 81 1 Monroe had stayed vacant until it was rented out in 1 917 and the Hart family moved into it.
Originatty from Pennsylvania, Frank and Minnie Haft and their 4 children, Evelyn, Alice, Fenton and Maian, became the first people to live as renters in the home at 81 1 Monroe Street. At the time-they moved into the home, Frank L. Hart was employed as an Engineer for the Enterprise Laundry and their oldest daughter, Evelyn, was a private nurse, as had been Sarah Morrison before her marriage. By 1922, the Hafts had saved enough money to purchase their own house at 924 Lincoln Street. They moved out of 81 1 Monroe Street into their new home and the home was rented to Peter N. Smith and his family for $27.50 a month.
When Peter and Hester Smith and their children 18-year-old Frances, 14-year-old Raymond and baby Elinor moved from Berkeley to Santa Clara and into the home at 811 Monroe Sfreel he was a self-employed salesman, who was working in the Wholesale Fumiture Industry. Later he dealt in the sale of extracts and medicines.
The year following the Smith family's move into the home, Louis Morrison returned from Chicago to Santa Clara and moved in with his mother, Mary Cameron Morison in her home at 1255 Lexington Street. At that time, in paftnership with Annie's husband, David Wallace, Louis opened Wallace & Morrison, a confectionary store at 1210 Franklin Street. On January 20, 1924, Louis maried his 2nd wife, Hazel Wallace, in Fresno and then they moved to Oakland, where he went to wotk as a draftsman.
During the six years that the Smith family lived here, the older two children moved out and by 1928 only Peter, Frances and Elinor still resided in the home at 811 Monroe Street. Since moving to Chicago, over the passing years Sarah and Afthur had peiodically come back home to visit and that year, when Arthur Jewell retired, Sarah Morrison Jewell and her husband, Arthur, retumed from Chicago and moved back into 811 Monroe Sfreef. Sarah's motherMary Cameron Morison passed away on April 17, 1928 and herhome at 1255 Lexington Street soon became vacant. Circa 1930, the home at 1255 Lexington that Angus and Kenneth Morrison had built for their mother, would pass out of the Morrison family and be purchased by E. B. Walker.
By the time of Sarah Morison's retum to herhome at 81 1 Monroe Street, Louis had already returned to the area with Hazel, bought a house on Magnolia Street in San Jose and was once again working as a draftsman at the Pacific Manufacturing Company. In 1931 , he became the last member of the Morrison family, who had immigrated here at the turn-of-the-Century, to become a naturalized citizen of thetJnited Sfafes. Althoughinlg42,hewasstilt livingwithHazet at131 5MagnoliaStreetin SanJose, whenhefilledouthisWWll Draft Registration Card, Louis listed both his &iting and residence address as 81 1 Monroe Street, Santa Clara, and his next of kin as Mrs. Jewell. By 1950, Louis and Hazel Morrison had moved to a home in Santa Cruz, where Louis would pass away on Apil 15, 1968. tn 1945, David Wallace passed away and Annie Morrison Wallace continued living in their home at 823 Monroe Sfreef. The following year, Afthur Jewell died and like her sister next door, Sarah Morison Jewell continued to reside in her home at 811 Monroe Street. For many people in Santa Clara in the 1950s, these two houses were associated with the two widowed Morison sisfers, and known simply as Annie's and Sarah's homes. Annie Morison Wallace died on July 26,1960, when she was 88, and four years later, on December 5, 1964, Sarah Morrison Jewell, now 94, passed away. Following Sarah's death, the tvvo Morrison homes were sold outside the family.
By the 1970s the Reid family were the owners of Sarah Morrison's home at 81 1 Monroe Street and here Peggy Reid raised her 3 children, a daughter and 2 sons, Ben and Gabe. ln 1987, duing the period that the Reid family owned the subiect home, the 37 % ft. (Continued on page 9, Form 5231)
I Continuation I Update
DPR 5231 (1/95) *Required information
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary #
HRI #
Trinomial
Recorded by:
27 *Resource Name or # (Assigned by recorder)
*Date 0911412023
Sarah Monison House
Lorie Garcia I Continuation E Update
(Continued from page 8, Form 5231)
by 150 ft. tot on which the homes at 81 1 Monroe and 1255 Lexington had been constructed, was split into two separate lots with the homp at 81 1 Monroe now occupying a 37 % ft. by 94 ft. section of the oiginal lot. /
Peggy Reid was dedicated to her children's education, and while living here was, among other activities, instrumental in the establishment of the "Open Classroom" at Westwood School (today it's at Washington School)) as an alternative to the traditional education format that existed in the Santa Clara Unified School District. When she passed away in the 1990s, a memorial service for her was held in the redwood grove at Westwood School, which was attended by scores of people whose children had benefifted by her commitment to early education.
Foltowing their mothefs death, Ben and Gabe Reid retained ownership of their home. Then on November 27, 1997, they sold it to Marieand JasonRosd. ThatpurchasebroughtthehomeatSl 1 MonroeSfreef backintotheMorrisonFamilyasMarie Ros6wasfhe great, great granddaughter of Mary Cameron and John Donald Morrison, the original ownerc of the home. They lived here for a little over 8 years. In February 2006, Maie and Jason Rosd so/d 81 1 Monroe Sfreef to Reuben and Ashley Qualls and they in tum sold it to the current owners, Daniel A. Kirstein and Stacey L. Kirstein in 201 5.
Historic Evaluation
ln order to be considered historically or culturally significant, a property must satisfu certain requirements. lt must be 50 years old or older (except in cases of exceptional significance); it must retain hlstoric integrity; it must meet one or more of the National Register of Historic Places criteria for significance, and/or the California Register of Historic Resources criteria for significance, and/or the criteria for listing in a local historic resource inventory.
Age Requirement.
Constructed in 1903, the subject residence at 81 1 Monroe Sfreef ls over 50 years old and thus meets the age requirement.
I ntegritv Requi rement.
lntegrity refers to a property's ability to convey its significance. Significance is conveyed by the retention of a resource's visual and physical characteristics and its surroundings. The National Register of Historic Places criteria recognize seven aspects to integrity.
These are location, design, setting, materials, workmanship, feeling and association. To retain historic integrity, a property will always possess several and usually most of these d'spects. Both the California Register of Historic Resources and the City of Santa Clara Criteria for Local Significance follow the National Register integrity criteria.
The property at 81 1 Monroe Streef has been well maintained and, as there have been no alterations to the home's exteior since itwas constructed, its design, mateials and workmanship, the visual and character defining features of the histoic building, have been preserved. Thus, the architectural integity of the structure has been retained. The residence retains its original configuration and location and the historical use of the building has not changed; it remains a single-family home. The subject property is set within a historic residential setting in the area of Santa Clara known as the "Old Quad," and the immediate surroundings retain the majoity of the qualities that reflect the peiod in which it was constructed.
The subject property retains enough of its historic character and appearance to be recognizable as a histoic propefty and to convey the reason for its significance (integrity).
National Register of Historic Places Criteria.
(Continued on page 10, Form 5231)
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Sarah Morrison House
Recorded by: Lorie Garcia
(Continued from page 9, Form 523L)
There are not any events assoclafed with the residence at 81 1 Monroe Sfreef which have made a significant contribution to the broad paftgms of history or cultural heritage. lt woutd therefore appear that the building would not be eligible for the National Register of Histoic Places ba,sed on Criterion A (associated with events that have made a significant contibution to the broad patterns of our history). The buiiding has had 5 known sets of owners over the 120 years of its existence and none appear to reach the level of significant influence required under Criterion B to be considered eligible for the National Regisfer. Neither do any of the other occupants appear to be significant to the history of the region, Nation or State of Califomia. lt would therefore appear that the building at 81 1 Monroe Street would not be eligible for the National Reglster based on Citeion B (associated with the lives of persons significant in our past). Originating in the 1890s in Nofthem Califomia's East Bay Area (Oakland and Alameda), as the perfect solution for residential architecture that woutd fit on deep, narrow lots, the Eastem Shingle Cottage architectural style was the genesis of a regional style that became known as the First Bay Tradition. With its pronounced front-facing gable roof which is sheathed in shingles, the front and srdes of which meet in a perfect seam, lfs gable face pierced by the two double-hung windows, which are surrounded by broad, flat trim, a large pent roof dormer that projects from each side of the prominent gable and its front porch, which is absorbed into the main body of the house, this house has not been altered slnce lfs construction in 1903 and all of the character-defining features remain. Thus, as an unmodified, example of the Eastem Shingle Cottage/First Bay Tradition vaiety of the Shingle architectural style thatwas constructed in 1903 by Angus and Kenneth Monison.(Morrison Bros. Contractors and Builders), prominant, early 2dh Century contractors and builders in the region, under National Register Citerion C the residence at 81 1 Monroe does "embody the distinctive characteistics of a type, period, or method of construction" and "represents the wofu of a master" and "represent[s] a significant and distinguishable entitiy whose components may lack individual diatinction." Therefore, it does appear that the building may be eligble for the National Register of Historic Places under Criterion C.
California Register of Historic Resources Criteria
The Criteria for tisting in the Califomia Register of Histoical Places are consistent with those for listing in the National Register.
However, they have been modified to better reflect the history of Califomia at both a local and State level. Citerion 1 is the Califomia Register equivalent of the National Register Citerion A (events), Califomia Reglsfer Criterion 2 is the equivalent of National Reglsfer Citerion B (persons) and Criterion 3, the California Register equivalent of the National Register Citerion C, addresses the distinctive characteristics of a type, period, region, or method of construction. The property at 811 Monroe Sfreef does not appear to be eligible for the Catifornia Register based on Criteion 1. Angus and Kenneth Morrison (Morrison Bros. Contractors and Builders) were prominant, early 20th Century contractors and builders, who constructed govemment, educational and residential buildings throughout the Santa Ctara Vattey and as far away as Stockton and Santa Barbara. ln 1903, they constructed this home specifically for their parents, John Donatd and Mary Cameron Morrison, slsfers Sarah and Lola and brother Louls. As the Morrison Brotherswere builders significant to the history of the region and they constructed the residence at 811 Monroe Sfreef specifically for their immediate family members, it appears to reach the level of significance necessary to be eligible individually for the California Register of Histoic Resources under Criterion 2. The Shingle architectural sfy/e ls a transitional style for domestic building from 1880-1910 and the Eastem Shingte Cottage (1590-1910), which originated in Northem California's East Bay Area, was the West Coast version of the Shingte style and the genesis of what became known locally as the First Bay Tradition. lt is characterized by an A-frame shape with a dominantfront-facing gable roof, which is sheathed in shingles, the front andsides of which meet in a perfect seam, with a large pent rotof dormer that projects from the side of the prominent gable. Constructed in 1903, the subiect building is a fine example of the Eastem Shingle Cottage The property remair# as designed with no alterations and the integity of the residence is intact. Thus, it appears to reach the level of significance necessary to be eligible individually for the Califomia Register under Criterion 3.
City of Santa Clara Criteria for Local Siqnificance
ln2004,TheCityofSantaClaraadoptedCriteriaforLocal Significance. Underthesecriteria,"anybuilding,site,orpropertyinthecity that is 50 years old or older and meets certain criteria of architectural, cultural, historical, geographical or archaeological significance is potentially eligible," to be a "Qualified Historic Resource." The evaluator finds that the property meets the following criteria:
(Continued on page 11, Form 5231)
I Continuation I Update
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(Continued from page 10, Form 5231)
Griteria for Historically or Cultural Significance:
To bp Historically or culturally significant a propefty must meet at least one of the following citeia:
t
1. The site, building or property has character, interest, integrity and reflects the heritage and cultural development of the city, region, state or nation.
This property has character, interest and integrity and reflects the City of Santa Clara's architectural heitage.
3. The property is associated with an important individual or group, who contributed in a significant way to the political, social, and/or cultural life of the community.
This propefty is directly assocrafed with the Morison Family, whose family members, contibuted in a significant way to the cultural life of the city. Angus and Kenneth Morrison, who built this house, along with being impoftant well-known contractors were both actively involved in several seNice clubs in Santa Clara, i.e., l.A.O.F., Redmen, Woodmen of the World, Masons etc., groups who themselves contibuted in a significant way to the social and cultural life of..the community. Kenneth Morrison a/so was elected to the school board, where he served for several terms and his and Angus'sisfe4 Sarah Morrison, when she was living here in 1909 was the first person to organize the County's graduate nurses.
5. A building's direct association with broad patterns of local area history, including development and settlement patterns, early or important transportation routes or social, political, or economic trends and activities.
At the staft of the 2dh Century, Santa Clara was entering a peiod of growth that would see the population rapidly ise and thus the need for additional housing. Prominently located on a corner lot, this building was one of the first fuvo constructed on the newly developed residential lots located on what up to now had been undeveloped land on this quarter of its block. This building was constructed by the well-known master builders, Angus and Kenneth Morrison who built it for their parents and siblings and who constructed many of the substantial homes built in Santa Clara in the last paft of the 19th Century and first part of the 20th Century for owners who were people of means with a solid center and traditional values. Built in 1903, this building reflects these types of homes and thus, does have a direct associaflon with the broad pafterns of Sanfa Clara's history and its development paftems.
The subject property does meet Criteria 1, 3. and 5 for Historically or Cultural Significance of the City of Santa Clara Criteria for Local Significance. However, it does not meet Criteria 2, 4 or 6 for Historically or Cultural Significance.
Criteria for Architectural Significance
To be architecturally significant, a property must meet at least one of the following criteria:
,-
1. The property characterizes an architectural style associated with a particular era and/or ethnic group.
Ihg genesls of what became known locally as the First Bay Tradition, the Eastem Single Cottage architectural style oiginated in Nofthern California's East Bay Area and wasilthe West Coast version of the Shingte architectural style. Associated with the peiod froml 890 to1910, this style, provided the ideal architectural response to the rising need for affordable housing on narrow deep lots.
Constructed in 1903, this house is unaltered and is an excellent example of the Eastem Shingle Cottage architectural style.
2. The property is identified with a particular architect, master builder or craftsman.
This residence was constructed by Morison Bros. Contractors and Builders, who ln 1903 constructed the home for their parents and siblings, who had recently arrived from Canada. Angus and Kenneth Morrison were well-known, master Santa Clara contractors and builders, who in the late 19th and early 20th Century constructed government, educational, commercial and residential structures in Santa Clara, San Jose, Sfockfon and Santa Barbara, including the Chauncey Goodrich home in Saratoga, which was one of the largest resldences ever designed by architect Julia Morgan. Along with the numerous residences that they constructed in Santa (Continued on page 12, Form 5231)
Sarah Morison House
[l Continuation [l Update
DPR 5231 (1/95) *Required information
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DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
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Page t2 ol 27 xResource Name or # (Assigned by recorder) Sarah Morison House Recorded by: Lorie Garcia *Date 0911412023 [l Continuation fi Update (Continued from page '11, Form 5231)
Clara, they built Fremont grammar school, Washington elementary school, Santa Clara High School, the Telephone Building and in 1911, they constructed the new City Hall on the corner of Franklin and Washingfon Sfreets, which stood until it was demolished during Urban Redeveloprpent.
1. The property is architecturally unique or innovative.
The Eastem Shingle Coftage is an architecturally unique style within the City of Santa Clara. This residence at 811 Monroe Street and the neighboing identical house at 823 Monroe Street are the only two houses in Santa Clara, known to have been constructed in the Eastem Shingle Cottage architectural style. Thus, this propefty meets this criterion.
5. The property has a visual symbolic meaning or appeal for the community.
Prominently located on a comer lot next to an identically constructed house, both of which are often referred to as the "twin houses," this house with its unusual architectural style provides a strong symbolic and visual appeal for the Santa Clara community.
7. A building's notable or special attributes of an aesthetic or functional nature. These may include massing, proportion, materials, details, fenestration, ornamentation, artwork or functional layout.
The building's dominant wood shingled gable, as a wide as the house itself with the front and the sides of the gable meeting at a perfect seam and a large pent roof dormer-like projection on either side of the roof distinguishes this building as an example of an Eastem Shingle Cottage style residence
The subject property does meet Criteria for Architectural Significance 1,2,3 5 and 7 of the City of Santa Clara Criteria for Local Significance. However, it does not meet Criteria for Architectural Significance 4 or 6.
Criterion C: Geographic significance
To be geographically significant a property must meet at least one of the following criteria:
1. A neighborhood, group or unique area directly associated with broad patterns of local area history.
This property is located in the Santa Clara neighborhood called the Old Quad, which is the original quadrangle surveyed in 1866 and this area encompasses the City of Santa Clara's early development history.
2. A building's continuity and compatibility with adjacent buildings and/or visual contribution to a group of similar buildings. -
Most of the homes on this immediate area were constructed in the last decade of the 19th and first decade of the 20th Century, accounting for the compatibility of the building sfy/es in the neighborhood. The home at 81 1 Monroe Sfreef, constructed in 1903, in an architectural style reflective of that peiod,'b compatible to the neighboing residential structures. lt is representative of the development of the OId Quad during this period and important to the integity of the historic area in which it is located.
The subject property does meet both 1 and 2 of the Criteria for Geographic Significance of the City of Santa Clara Criteria for Local Significance.
Criteria for Archaeological Significance:
As the property at 811 Monroe Street is not known to contain any known or unknown prehistoric or historic archaeological resources, it would not be Archaeologically Significant under any of the five of the City of Santa Clara's Criteria for Archaeological Resources. (Continued on page '13, Form 5231)
DPR 5231 (1/95) *Required information
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DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
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Recorded by: Lorie Garcia *Date O911412023 I Continuation I Update (Continued from page 12, Form 523L)
However, should any prehistoric or historic archaeological resources be uncovered in the future, this would be subject to change.
I
Conclusions and Recommendations
Currently, this property is on The City of Santa Clara Architecturally or Historically Significant Properties list. ln this update of the July, 'l 981 Historic Resources lnventory for the City of Santa Clara, the evaluator finds 81 'l Monroe Street to be a excellent example of the Eastern Shingle Cottage/First Bay Tradition variety of the Shingle architectural style and, as it has not undergone alteration since the time of its construction, to retain sufficient integrity to qualify as a historic property. lt appears to continue to be, based on compliance with the National Register of Historic Places Criteria, the California Register of Historic Resources Criteria and the City of Santa Clara's Local Significance Criteria, eligible for listing on the City of Santa Clara Architecturally or Historically Significant Properties List.
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*Resource Name or # (Assigned by recorder) Sarah Morison House *Date 0911412023 I Continuation I Update
HISTORIC MAPS
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1866 J.J. Bowen Survey of the Town of Santa Clara
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LEXINGTON STREET
Plat of Santa Clara circa 1873-75
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1893 C.E. Moore Map of the Town of Santa Clara
NOTE: LIBERTY STREET was later repamed HOMESTEAD ROAD.
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*Recorded by: Lorie Garcia xDate 09fi42023 [ Continuation E UpOate
SANBORN FIRE INSURANCE MAPS
April 1887 SANBORN MAP (Partial)
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1892 SANBORN MAP
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Writing in open space reads: FR. DW'G & STABLE
1901 SANBORN MAP
ruot", t indicates 811 Monroe Street
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SANBORN FIRE INSURANCE MAPS
Continued
1950 SANBORN MAP
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NOTE: By 1950, the property with both 811 Monroe St. and 1255 Lexington St. had notyet been split into 2 lots. --N-=a:ggLIBERTY
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DPR 5231(1/95) xRequired information
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary #
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*Recorded by: Lorie Garcia
xResource Name or # (Assigned by recorder) Sarah Morison House *Date 0911412023 I Continuation ! Update
HISTORIC PHOTOS - 811 Monroe Street
Taken in 1903-4, the above photo shows 811 Monroe Street, shortly after it was constructed.
Taken from the corner of Monroe & Lexington Streets, this photo shows 811 Monroe Street in Spring 1979.
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of 27 *Resource Name or # (Assigned by recorder) Sarah Monison House Lorie Garcia *Date 0911412023 I Continuation I Update
HISTORIC PHOTOS and lnformation - MORRISON FAMILY
1899 - L. to R. Kenneth, Norman, Angus, Sarah and John Gameron Morrison.
Pictured on the front porch of John Cameron Morrison's house. \lrikl{li,'\
J. C. Morrison's house at 1391 Homestead Road (NE corner of Homestead and Monroe Streets.) DPR 5231(1/95) *Required information
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*Resource Name or # (Assigned by recorder) Sarah Morison House xDate 0911412023 I Continuation I Update
HISTORIC PHOTOS and lnformation - MORRISON FAMILY continued .\
rb
a $l#r ; "sfl / tln{ry. a
*i'.. ,L
'E
John Donald Morrison
Sarah Morrison
Left: Flora Mary (Lolla)
Morrison
Below:
Anna Gatherine Morrison
Wallace (in 1945)
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HISTORIC PHOTOS and lnformation - MORRISON FAMILY continued Rlctsilffl0ll CItRD-(ller born on or rfta lyit lf, tf?'I ani m or bdor t !{Aruxs ADDa$s
1. e E 6 +-w DlrE ot Drxr!
LIsa "l.-4
OF out
A4!.rr:Jt
trD t[rl TIEY .trEr Trur.
D.g.g.Ibm1 (R€vbod {-r-{jl)
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Lewis (Louis)J. Morrison's \lVWll Draft Registration Card Louis Morrison's first name was alternately spelled Louis or Lewis on both family and legal documents, here he uses Lewis and when he registered for the Draft in \lVWll, he gave his birthdate as August 24,1880 when he actually was born on August 24, 1884, making him 57 at the time of his registration instead of 61. Note how he gives 811 Monroe Street in Santa Clara both as his place of residence and for his mailing address, when he actually lived with his wife, Hazel, at 1315 Mag,nolia Street in San Jose and his card shows that the person in his tife that he appears to hlve been closest to was his sister, Sarah, as he give Mrs. Jewel [sic] as the person "who will always know" his address.
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*Resource Name or # (Assigned by recorder) Sarah Morison House *Date 0911412023 [lContinuation IUpdate
HISTORIC PHOTOS and lnformation - MORRISON BROTHERS, CONTRACTORS & BUILDERS jl;4\s$'T -
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'-i?"#-1" +."." ,:
. eE#-rT#,$* .l i,-Fr{l. #.'< n\t '""' :.
t-.: : 1r
Morrison Bros., Conttactors and Builders'
It rreeds lrrrt 1ittle ar.gtmrc:it tu 1-ioirrt otrt the irulx.rrlattce oi the ctrrpettter rrrld lrttiltler, f<lr it nrav lre flrirlv askecl lvhilt rnernber of the cotntttttrrily- does it rtot L-()ncerll.
Aurougitre letrdiirg arrrl rrrost prornineut corrtractr:rs ancl builders of this scction rr.ho gile special attr:rri-ir:rn to lruilding rlwellings, trusitress houses antl ptlblic lruil<lings u.. yi"r*ts.^llorrisou Bn;s. Wlto are lliactical rtrecttartics of -\'ears expetience, atrd rttany of the harrr.lsonrest 11 rve'lli:rgs ui our citl'stan<1 as evideuce of ttreir skill . They t:atr furrrish plans, specifications antl estiruates u'heu retluiretl for b_uildiugs. qf everl'--r.lescriptiorr, rln11 ire'th,.:r'orrghl,r' prcplrred irr whatet'ef is wantetl itr their liue' All uork is <lonc slbstantizrlly arrtt tiniiteti itr thc l:est stvle, stair building, t;fficc lltting and gencral jolrbing lrrc [i.'"rt pronrpt attentiort arrtl i]rey are always reaq]- tcircccive ortlcrs or lnakccprrtrir:ls frrr all kirrtls irf rurrk irrthese lint's, itrclnrling u'rtod, brick or stoltc' trttrl parties cutrrrstirrg'nr,<rrk to thettl rtre sure of receiving cfticient sen'icr:" lteirri-solr llros.
Jrrc errtcrlrrisiug arrd trustwortlrv irr all trirtrsactious in,l lake au intertst ilr all ptllllic rnatters fbr thcigootl of uur citl'-arrtl.the r-rp-lruiltlirrg of tratle in this set:tiott.
Morrison Brothers wagon and horse near the turn of the Century. Angus Morrison on wagon.
Description from the 1904 booklet, "Progessive Santa Clara;' DPR 5231 (1/95) *Required information
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Additional Photos
2023 Aerial photo showing the "Twin" houses. Top house is 823 Monroe Street.
Bottom house, at the corner of Monroe and Lexington Streets, is 811 Monroe St. 2023 Street view showing 823 Monroe Street (left) and 811 Monroe Street (right).
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Additional Photos
Photo No: 100_3233
View: Front Fagade
Photo Date:811812023: Camera F :E
I Continuation I Update
Photo No: 100_3252
View: South side-elevation and partial rear fagade
Photo Date:811812023; Camera Facing: WNW
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Additional Photos - Rear Gable and Sun Porch
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Additional Photos - Front Porch
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Additional Photos - Windows
Photo No: 100_3286
View: Front Gable face windows showing the row of shingles & sawtooth shingles that curve over it.
Photo Date:811812023i Camera Facing: E
Photo No: 100_3244
View: Front faqade's first story pair of wondows with backbanded trim abbutting water table molding.
Photo Date: 811812023; Camera Facing: E
Photo No: 100_3249
View: S side-elevation Dormer - Triangulat Bay showing windows topped with an Architrave.
Photo Date:811812023i Camera Facing: N
Photo No: 100-3293
View: Typicsl N side-elevation windows set into first story and basement windows
Photo Date: 811812023i Camera Facing: S
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Additional Photos - Doors and Garage
Photo No: 100_3240
View: Front Door with back-banded door trim
Photo Date: 811812023i Camera Facinq: E
-l
Photo No: 100_3268
View: Rear Door
Photo Date: 811812023', Camera Facinq: E
Photo No: 100_3255
View: Barage - Front Fagade and brick driveway
Photo Date: 811812023i Camera Facinq: NNW
Photo No: 100_3259
View: Garage - W side-elevation
Photo Date: 811812023; Camera Facing: NE
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Mills Act 10 Year Plan (811 Monroe)
Daniel and Stacey Kirstein
811 Monroe Street, Santa Clara
CA 95050
To whom it may concern,
The following is in reference to our 2024 Mills Act application for 811 Monroe Street, Santa Clara, CA 95050. As a part of our application we have prepared the following 10-year plan that describes the preservation/restoration efforts we plan to undertake for the Property while protected under the Mills Act. We have tried to be as precise as possible utilizing our current knowledge of funding availability, timing and market pricing (ranged). We have also excluded internal projects at this time and are available to answer questions.
Thank you,
Daniel and Stacey Kirstein
10 Year Plan for 811 Monroe Street, Santa Clara
Assuming start of Mills Act Contract in 2025
Planned Item Timing - approx Cost – approx. Description Window
refurbishment
2025 through
2028 then
ongoing
maintenance
$7,500 to $10,000
$500 – 750 per
window pane (10) +
mudroom windows
(est $2,500)
Continuing efforts to refurbish
existing wood windows including –
stripping, repairing (as needed),
glazing, painting and installing
(repairing weights as needed).
Basement Windows are included
House Painting 2025 or 2026 $20,000 to $25,000 Repairing paint/wood and repainting. This includes the
separate carriage house.
Re-roofing 2026 through
2030
$20,000 to $30,000 We will likely re-roof in segments
over several years (though may elect
to re-roof all in one go). Will try keep
wood shingles if available and cost
within range, otherwise we plan to
re-roof with composite shingles
Repairing outside
fencing and
painting
2025 and ongoing Up to $7,500 Several posts are starting to fail and will need to be replaced/repaired.
The fence will also require ongoing
painting
Mills Act 10 Year Plan (811 Monroe)
We also plan to replace the side yard
fencing (Lexington street side) to
match the front yard
Exterior stairs
repair and
basement hatch
2027 to 2029 Up to $5,000 The rear exterior stairs and
basement hatch are starting to show
significant wear and will likely need
repair in the next 5-10 years
Exterior Wood
repair
2025 and as
needed
$2,500 to $5,000 There are several areas, particularly
around the back of the house, that
require refurbishment. We plan to
refurbish these areas with period
appropriate wood work. This work
would occur around the time of
house painting
Total Estimate $62,500 to $82,500
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-927 Agenda Date: 10/3/2024
REPORT TO HISTORICAL AND LANDMARKS COMMISSION
SUBJECT
Consideration of a Historical Preservation Agreement (Mills Act Contract) (File No. PLN24-00431) for 811 Monroe Street
BACKGROUND
Property owners Daniel and Stacey Kristein filed a Historical Preservation Agreement (Mills Act Contract) (File No. PLN24-00431) request for the property located at 811 Monroe Street. Enacted in 1972, the California Mills Act legislation grants participating local governments the authority to enter into contracts with owners of qualified historic properties who actively participate in the restoration and maintenance of their historic properties while receiving property tax relief. Santa Clara participates in the Mills Act Program. A requirement of the Mills Act Contract is that the building must be a qualified structure, listed on either a local, State, or National register. The subject site is currently listed on the City’s Historic Resource Inventory (HRI).
The subject property is an approximate 3,484 square-foot lot located midblock on the corner of Monroe Street and Lexington Street. Constructed in 1903, the existing residence on the property is a 1,642 square-foot house designed in a local interpretation of the Eastern Shingle Cottage/First Bay Tradition variety of the Shingle architectural style. The house fronts roughly west onto Monroe Street and is set back from both streets, allowing for a surrounding open cultivated area with lawn and mature shrubbery on the west and south sides of the property. The property has a small, gable roofed, one-car garage that faces Lexington Street
The property owners submitted the requisite application, including an updated historic survey (Department of Parks and Recreation DPR 523A Form) of the property, a Statement of Justification for the request, and a 10-Year Restoration and Maintenance Plan for evaluation of the proposed workplan to restore, rehabilitate, and maintain the property.
The Historical and Landmarks Commission (HLC) provides Mills Act Contract recommendations to the City Council for their final determination. Approved contracts are executed between the City and the property owner and recorded with the County for a minimum ten-year term. Contracts are automatically renewed each year and are transferred to new owners when the property is sold.
If approved, this would be the fifth Mills Act Contract for this calendar year, where only 10 are permitted to be approved.
DISCUSSION
The Mills Act Program allows a qualified property owner to receive a potential property tax reduction and use that savings to assist in offsetting the costs to rehabilitate, restore, and maintain their property. To qualify for the program, the property and/or building must be listed on either a local, City of Santa Clara Page 1 of 3 Printed on 9/25/2024
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24-927 Agenda Date: 10/3/2024
State, or National register. The property owner must also have a plan to restore and rehabilitate the property.
A DPR 523A Form was prepared by Lorie Garcia of Beyond Buildings on September 14, 2023, assessing the historical significance of the property based on National and State (California) Register criteria and the City’s local criteria for significance. The evaluator found the structure at 811 Monroe to be in overall good condition and appears to have had minimal to no external alteration since its construction in 1903. The evaluator concluded that the property continues to retain enough of its historic character and appearance to be recognizable as a historic resource and to convey the reason for its significance as a Historically Significant Property on the City’s HRI.
The property owners submitted a Statement of Justification and 10-Year Plan for restoration and maintenance of the property. The Restoration and Maintenance Plan includes refurbishing existing wood windows, repairing paint/wood, replacing roof in phases or in its entirety (if budget allows) with wood shingles, refurbishing fencing, maintaining of exterior stairs and basement hatch, and refurbishing woodwork around house. The property owners will obtain Significant Property Alteration permits for the work described in the Restoration and Maintenance Plan as required by the Historic Preservation Ordinance.
Staff finds that the work proposed in the 10-Year Restoration and Maintenance Plan adheres to the Secretary of the Interior’s Standards for Rehabilitation. The proposed improvements, and the owner’s statement of justification, support the preservation, protection, and maintenance of a locally designated significant structure.
ENVIRONMENTAL REVIEW
The Mills Act Program is exempt from CEQA environmental review requirements per CEQA Section 15061(b) (3). The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
PUBLIC CONTACT
No public notice is required for a Mills Act Contract and no public inquiries have been made regarding the project.
RECOMMENDATION
Staff recommends that the Historical and Landmarks Commission determine the project to be exempt from CEQA pursuant to CEQA Section 1561(b)(3) and find that the Mills Act Application and associated 10-Year Plan for restoration and maintenance accomplish the intent of preserving and maintaining the historical significance of the property; and therefore, recommend City Council approval of a Mills Act Contract, and the adoption of a 10-Year Restoration and Maintenance Plan associated with the Historical Preservation Agreement for the property located at 811 Monroe Street.
Prepared by: Daniel Sobczak, Associate Planner
Reviewed by: Sheldon Ah Sing, Development Review Officer Approved by: Lesley Xavier, Planning Manager
City of Santa Clara Page 2 of 3 Printed on 9/25/2024
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24-927 Agenda Date: 10/3/2024
ATTACHMENTS
1. Legal Property Description
2. Historic Survey (DPR 523A Form)
3. Secretary of Interior Standards for Rehabilitation
4. Statement of Justification
5. 10-Year Restoration and Maintenance Plan
6. Draft Historic Property Preservation Agreement (Mills Act Contract) City of Santa Clara Page 3 of 3 Printed on 9/25/2024
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-1067 Agenda Date: 11/19/2024
REPORT TO COUNCIL
SUBJECT
Action on Authorizing the City Manager to Negotiate and Execute Amendment No. 1 to the Substation Agreement with Vantage Data Centers CA31, LLC for the Bowers Avenue Junction Substation
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
On September 27, 2022, City Council approved a Substation Agreement with Vantage Data Centers CA31, LLC (Vantage) for the Bowers Avenue Junction (BAJ) Substation (RTC 22-1061). Under the BAJ Substation Agreement (“Agreement” - Attachment 1) executed on October 12, 2022, Vantage constructed, at its own expense, BAJ Substation with a capacity of 99 megavolt-amps (MVA) to serve its data center. Costs incurred by SVP related to the design, procurement, construction, inspection, and testing associated with BAJ were paid in full by Vantage as required by the Agreement. The construction of BAJ is complete and Vantage is working on commissioning their facility.
DISCUSSION
The Agreement included Exhibit E (Available Capacity Schedule) and Exhibit G (Vantage Portfolio Operating Limit). Exhibit E details the load ramp and required payments for activities associated with the BAJ Substation. Exhibit G contains the load ramp at four Vantage Data Center locations.
Vantage has requested a modification to Exhibit G to modify the load ramp by location without changing the total load of 192.5 MW for the four sites. Staff reviewed the proposal and is supportive of it as it maintains the total load and does not affect any of the California Independent System Operator (CAISO) transmission modeling and commitments. It also better utilizes SVP’s 60kV transmission loop system.
ENVIRONMENTAL REVIEW
The California Energy Commission (CEC) prepared and adopted an Environmental Impact Report (EIR) for the Vantage Data Centers CA31, LLC (Bowers Avenue Junction Substation) data center project in accordance with the California Environmental Quality Act (CEQA). On August 17, 2022, the City of Santa Clara Development Review Committee accepted the EIR, adopted the mitigation monitoring and reporting program, and approved the architectural review.
No additional environmental review is required by the proposed amendment.
FISCAL IMPACT
There are no fiscal changes with the proposed amendment.
City of Santa Clara Page 1 of 2 Printed on 11/15/2024
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24-1067 Agenda Date: 11/19/2024
COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Authorize the City Manager or designee to negotiate and execute Amendment No. 1 to the Substation Agreement with Vantage Data Centers CA31, LLC for the Bowers Avenue Junction Substation on the terms presented, subject to the review and approval as to form by the City Attorney; and
2. Authorize the City Manager or designee to take any actions as necessary to implement and administer the Agreement and to negotiate and execute amendments to the Agreement to make any additional modifications that do not result in increased costs or total capacity exceeding 192.5 MVA, subject to review and approval as to form by the City Attorney.
Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Substation Agreement with Vantage Data Centers CA31, LLC
2. Proposed Amendment No. 1 to the Substation Agreement with Vantage Data Centers CA31, LLC City of Santa Clara Page 2 of 2 Printed on 11/15/2024
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DocuSign Envelope ID: 47733377-0B3C-4201-8EA6-AA52EA243FCB
SUBSTATION AGREEMENT
BY AND BETWEEN
THE CITY OF SANTA CLARA, CALIFORNIA
AND
Vantage Data Centers CA31, LLC
PREAMBLE
This Substation Agreement ("Agreement") is made and entered into on the date last signed by the Parties ("Effective Date") by and between the City of Santa Clara, California, a chartered California municipal corporation ("City") and Vantage Data Centers CA31, LLC (a Delaware limited liability company), with its principal place of business located at 2820 Northwestern Parkway Santa Clara, CA 95050 ("Customer"), The City and Customer may be referred to in this Agreement individually as a "Party" or collectively as the "Parties".
RECITALS
A. The City of Santa Clara owns and operates an electric utility, doing business as Silicon Valley Power ("SVP"), and currently provides electric service pursuant to standard electric rate schedules authorized by the City Council of the City of Santa Clara to Customer at 2590 Walsh Avenue, (parcel number 216-28-112), in the City of Santa Clara, California including all services addresses ("Premises"), which is shown on Exhibit A - Parcel Map attached hereto and incorporated into this Agreement by reference;
B. Customer has requested that the City provide 99 MVA of total capacity ("Total Capacity") to meet Customer's anticipated operating needs; C. City has determined that a new single customer electric substation is required to be built to meet Total Capacity. The proposed new substation with a Total Capacity of 99 MVA will be known as the Bowers Avenue Junction (BAJ) and is shown as the area and equipment marked as the Substation Facilities on Exhibit C - Substation Plan attached hereto and incorporated into this Agreement by reference ("Substation Facilities");
D. City has determined that the Substation Facilities as depicted on Exhibit C require new 60kV transmission line extensions ("Transmission Facilities") to connect the Substation Facilities to SVP's electrical system;
E. The Parties acknowledge that significant System Capacity Improvement Facilities as defined in this Agreement will be required to provide the Total Capacity; F. The Parties further acknowledge that improvements required to increase system capacity are not fully within their control and factors outside of the control of either Party may impact the Customer's Available Capacity Schedule outlined in Exhibit E - Available Capacity Schedule attached hereto and incorporated into this Agreement by reference;
G. In addition to significant System Capacity Improvement Facilities, capacity available Substation Agreement with Vantage Data Centers CA31, LLC Rev 2/1/2022
DocuSign Envelope ID: 47733377-0B3C-4201-8EA6-AA52EA243FCB to the City's customers is subject to a Transmission Planning Process (TPP) with the California Independent System Operator (CAISO) and this process may affect Available Capacity Schedule;
H. SVP will use commercially reasonable efforts to provide the Customer with capacity according to the Available Capacity Schedule in Exhibit E; I. The Project ( defined below) is subject to capacity operation limits set forth in Exhibit G which the Parties mutually agreed to place on the Premises and other properties as memorialized in Exhibit G1.
J. The purpose of this Agreement is to set forth the mutual obligations of the Parties with respect to supplying Customer with initial interim electric power and then with ongoing capacity and transmission infrastructure for the Premises.
Therefore, in consideration of the foregoing, the Parties agree as follows:
AGREEMENT PROVISIONS
I. DEFINITIONS
A. "Capacity" is the maximum or peak amount of electric power ( electricity) that may be received by Customer for use at a specific point in time and is determined by Transmission System Operating Limits
1. "Available Capacity" is the Capacity depicted in Exhibit E and is the maximum Capacity available to be used by the Customer during each year of each Load Phase.
2. "Available Capacity Schedule" the phased schedule by which the City anticipates Capacity requested by Customer will be available. The Available Capacity Schedule is outlined in Exhibit E.
3. "Interim Capacity" is the Capacity available from SVP's 12 kV distribution feeders prior to operation of the Substation Facilities and as further defined in Section I1.D.
4. "Cumulative Paid Capacity" is the Capacity for which Customer has paid Load Development Fees. Cumulative Paid Capacity is greater than or equal to Available Capacity as set forth in Exhibit E.
5. "Total Capacity" is the Customer requested maximum MVA capacity and cannot exceed 99 MVA. While the Substation Facilities and Transmission Facilities will be designed to meet Total Capacity, the maximum Capacity available to Customer is Available Capacity for each Load Phase.
B. "Electric Service" is defined in SVP Rules and Regulations No. 1 C - Definitions.
C. "Estimated Duration" in Exhibit D - Project Schedule and Costs attached hereto and incorporated into this Agreement by reference is an estimated duration for a set of tasks. This is a best-case scenario and does not include potential delays caused by weather or force majeure events.
D. "Load Development Fee" is the Commercial Facilities Dedicated 60kV Fee Substation Agreement with Vantage Data Centers CA31, LLC Rev 2/1/2022
DocuS!gn Envelope ID: 47733377-0B3C-4201-8EA6-AA52EA243FCB in the City of Santa Clara Municipal Fee Schedule. This fee represents the share of costs associated with System Capacity Improvement Facilities required for the Project. This fee funds systemwide capital expenditures directly related to the addition of infrastructure associated with new load increases and does not include costs directly attributed to the Project.
Customer will be obligated to pay the fee based on the City's Municipal Fee Schedule at the time of the invoice. "Load Phase" is depicted in Exhibit D and represents the periods for which a specific Available Capacity is in effect and available for Customer to use.
E. "Peak Demand" is the sum of the highest average kW delivery, at the Premises, of any 15-minute interval.
F. "Rules and Regulations" means any applicable City and SVP laws, rules, regulations, ordinances, resolutions, and regulations as may be amended from time to time.
G. "System Capacity Improvement Facilities" are the system improvements required by City to support the Total Capacity requested by Customer.
System Capacity Improvement Facilities include projects on SVP's 230kV, 115kV, and 60kV transmission lines, receiving stations, and Pacific Gas & Electric Bulk Electric System Improvements.
H. "Transmission System Operating Limits" mean the maximum allowable Bulk Electric System (BES) operating limits the SVP electric system is capable of operating as determined by the National Electric Reliability Corporation (NERC) Reliability Standards or as otherwise required by Federal Energy Regulatory Commission (FERC);
II. PROJECT OVERVIEW
A. Project Description: The proposed Project (Project), (PLN: 2021-14964) includes the following site improvements on a 6. 7-acre property to construct a 479,022 square foot four-story data center consisting of eight data halls, mechanical penthouse, backup generators, power equipment and office space.
B. Electric Facilities:
1. Customer will fund the development and construction of the Substation Facilities and Transmission Facilities ("Substation Development Phase") to serve the Premises.
2. Customer will construct electrical Substation Facilities with a Total Capacity of 99 megavolt amps (MVA) at 2590 Walsh Ave, on the west side of the Premises near Bowers and Walsh Avenues.
C. Interconnection Facilities:
1. In the course of the development of the Premises, City and Customer will finalize requirements for the interconnection facilities necessary for supplying electrical power to the Project ("Connection Phase").
2. The layout of and requirements for the interconnection facilities shall be complete and agreed upon by the Parties prior to commencement Substation Agreement with Vantage Data Centers CA31, LLC Rev 2/1/2022
OocuSign Envelope ID: 47733377-083C-4201-8EA6-AA52EA243FCB of any construction on the Substation Facilities.
D. Interim Phase: Customer is also requesting electric power capacity of up to 2500 'r0/A ("Interim Capacity") from SVP prior to operation of the Substation Facilities ("Interim Phase").
E. The beginning and the ends of the Interim Phase and the Substation Development Phase may overlap. The respective responsibilities and obligations of the City and Customer for each of these phases are further described in the following sections.
F. Customer has requested a Total Capacity of 99 MVA. SVP will make commercially reasonable efforts to provide Available Capacity for Customer's use based on Table E1 -Available Capacity Schedule - of Exhibit E.
G. In the event that 99 MVA is not included in Exhibit E, SVP and Customer shall meet at least every two (2) years beginning upon the Effective Date and may mutually agree to amend Table E1 of Exhibit E and, if accepted by City, an Amendment to the Agreement will be executed between the Parties.
Ill. INTERIM PHASE
A. CUSTOMER OBLIGATIONS
1. In order to enable Customer to begin construction and operate without interruption until the Substation Facilities are fully constructed, energized, and operating, Customer shall construct the infrastructure required by SVP in order to use the Interim Capacity of Electric Service ("Interim Service").
2. Customer acknowledges that up to 2500 KVA Interim Service requested for the Premises is included in Total Capacity requested by the Customer and the Total Capacity is the total allocation for the Premises.
3. Customer shall pay all costs associated with the construction and removal of the Interim Service and pay any Load Development Fees associated with the Interim Service.
4. Customer shall work with SVP to transfer Customer's existing load from the Interim Service to the new Substation Facilities within three (3) months after energization of the Substation Facilities.
B. SVP OBLIGATIONS
If Customer meets all requirements of Section A of this Section Ill, SVP will provide Interim Service from 12 kV distribution feeders at or near the location set forth in Exhibit B - Interim Service Diagram attached hereto and incorporated into the Agreement by reference.
IV. SUBSTATION DEVELOPMENT PHASE
The following activities and obligations shall constitute the Substation Substation Agreement with Vantage Data Centers CA31, LLC Rev 2/1/2022
DocuSign Envelope ID: 47733377-0B3C-4201-8EA6-M52EA243FCB Development Phase ("Substation Development Phase"):
A. SUBSTATION DEVELOPMENT SCHEDULE:
Customer shall provide a proposed project schedule to SVP that is aligned with the Schedule in Exhibit D for review and approval by SVP. Each Party shall notify the other Party as soon as practicable when the schedule is anticipated to change.
B. SVP OBLIGATIONS
1. SVP will provide up to the Available Capacity indicated in MVA to the Premises as further detailed in Exhibit E, after successful energization of the Substation Facilities, Transmission Facilities and System Capacity Improvement Facilities.
a) Because the System Capacity Improvement Facilities
completion schedules are not fully controlled by SVP, SVP, at its sole discretion, may limit Customer and their tenant's Available Capacity until the capacity is made fully available to SVP.
b) The approved Available Capacity for each Load Phase is identified in Exhibit E. Exhibit E may only be modified subject to the provisions of Section VI.F. (Capacity Reduction) of the Agreement or through an Amendment to the Agreement
executed between the Parties.
c) The Parties agree that the capacity from Substation Facilities will be provided pursuant to the Rules and Regulations, applicable Silicon Valley Power Rate Schedules, current Load Development Fees, and subject to the completion of any
system upgrades necessary to serve the load at the time the load capacity increase is initiated.
2. SVP will make Electric Service available to the Customer, at the Utility Connection Point, from the Substation Facilities and connected to the Premises through the Transmission Facilities. The Utility Connection Point for a SVP junction facility is the Customer side of the 60kV disconnect switches located within the Substation Facilities as shown in Exhibit C.
3. SVP will use commercially reasonable efforts to test and commission the Substation Facilities within thirty (30) months after the Effective Date of this Agreement.
4. SVP shall use commercially reasonable efforts to design, construct, test and commission the Transmission Facilities within thirty (30) months after the Effective Date of this Agreement.
5. Completion of the Substation Facilities and Transmission Facilities is subject to the following additional terms:
a) SVP will own, operate, and maintain all City-owned Substation Facilities and Transmission Facilities, to the Utility Connection Substation Agreement with Vantage Data Centers CA31, LLC Rev 2/1/2022
DocuSign Envelope ID: 47733377-0B3C-4201-8EA6-AA52EA243FCB Point.
b) SVP will own, operate and maintain all City-owned Substation Facilities and Transmission Facilities, SVP control building and all equipment therein, as shown in Exhibit C.
c) The Parties agree to coordinate the design and construction of the Substation Facilities and Transmission Facilities to assure timely completion in accordance with Exhibit D.
d) SVP will design the City-owned control building within the Substation Facilities.
e) SVP will keep Customer informed on an ongoing basis as to the costs it is incurring associated with the design,
construction, testing, commissioning, and completion of the Substation Facilities and Transmission Facilities, including periodic updates to Exhibit D as needed. Once preliminary engineering review is complete, SVP will provide Customer with a detailed estimate of SVP project cost to fully complete the control building with the Substation Facilities. SVP will provide Customer with reasonable access to SVP's records that substantiate any costs SVP proposes to bill to Customer related to the Substation Facilities and Transmission Facilities. f) In no way will City be held responsible or subject to any penalty if System Capacity Improvement Facilities are not complete by Customer's anticipated or proposed energization date.
g) The Substation Facilities shall be Substantially Complete before SVP begins testing and commissioning activities. For purposes of this Agreement, "Substantially Complete" means that Substation Facilities construction is complete as
determined by SVP, in accordance with SVP's standards and requirements, and no Customer contractors remain working within the perimeter wall of the Substation Facilities. Location of Substation Perimeter Wall (as defined below) is as specified in Exhibit C. SVP is not obligated to compress its testing and commissioning schedule to meet Customer's anticipated
service date.
h) SVP acknowledges that the required interconnection study has been completed and reflects Available Capacity known at that time. SVP will update the Customer on projects and schedules that may impact the Available Capacity feasibility as that information becomes available.
C. CUSTOMER OBLIGATIONS
1. Customer must pay a Load Development Fee according to the current applicable fee set forth in the City of Santa Clara Municipal Fee Schedule and in the timelines in Exhibit D.
2. Customer shall design (with the exception of the City-owned control building), procure, and construct Substation Facilities (including Substation Agreement with Vantage Data Centers CA31, LLC Page 6 of 29 Rev 2/1/2022
DocuSign Envelope ID: 47733377-0B3C-4201-8EA6-AA52EA243FCB control building), as shown in Exhibit C, to provide 60kV service to the Premises. Customer shall perform design, procurement, and construction pursuant to SVP's standards and requirements, at Customer's own financial risk.
3. The Substation Facilities would consist of two 100 MVA transformers.
In the event one transformer fails, then the load, not to exceed 99 MVA, would be transferred to the redundant transformer.
4. Completion of the Substation Facilities and Transmission Facilities is subject to the following additional terms:
a) The Substation Facilities shall be for the exclusive use of the Project to be constructed on the Premises.
b) Substation Facilities 60kV bus will be a breaker and half scheme with the complete 60kV junction being constructed to serve the Premises.
c) Customer shall obtain any necessary land use entitlements, and provide any property rights, including easements, to the City, necessary to construct, complete and maintain the Substation Facilities.
d) Customer shall be responsible for all costs associated with the acquisition of any additional easements necessary for the Transmission Facilities.
e) SVP and Customer shall negotiate and execute one or more easement agreements providing easements on the Premises, as may be required by SVP, to install, operate, and maintain any necessary distribution facilities.
f) Customer shall provide documents required to transfer any Substation Facility-related equipment to City such as, but not limited to bill of sale in a form acceptable to City.
g) Customer shall construct a Substation Perimeter Wall, marked as "Perimeter Wall" on Exhibit C, which shall create a physical boundary around the Substation Facilities for ensuring the Substation Facilities' security ("Substation Perimeter Wall").
The Substation Perimeter Wall shall be for SVP's exclusive use. Only SVP approved signage is permitted on the
Substation Perimeter Wall. The Substation Facilities shall have an all-weather asphalt surface underlain by an aggregate base.
h) The Customer shall procure the Substation Facilities control building to comply with SVP's standards and requirements.
Any changes or substitutions to SVP's design package for the control building must have SVP approval prior to
implementation. SVP, or SVP's designated representative, shall oversee factory acceptance testing of the control building and inspect the control building prior to shipment of the building to the Premises. All deficiencies identified by SVP during any factory inspection visits or factory acceptance Substation Agreement with Vantage Data Centers CA31, LLC Page 7 of 29 Rev 2/1/2022
DocuSign Envelope ID: 47733377-0B3C-4201-8EA6-AA52EA243FCB testing shall be corrected prior to shipment of the control building to the Premises.
i) Customer-owned control, communication, and protection wiring from the Customer's control building to the marshalling termination cabinet located on Customer side of demarcation fence, and related equipment, will be owned and maintained by Customer. Customer shall clearly label and identify all control and protection wiring as required by SVP to avoid (1) confusion during troubleshooting, maintenance, or repair of City-owned equipment and (2) misoperation of any SVP
equipment.
j) Customer shall pay the City estimated and actual costs pursuant to Payment Milestones set forth in Exhibit D. These costs shall include but not be limited to all travel expenses incurred by SVP to (1) perform factory acceptance testing, (2) oversee testing for any equipment purchased by Customer to be turned over for SVP's ownership, and (3) perform all punch list items necessary to fully integrate the Substation Facilities into SVP's network. Payments to City shall be due within thirty (30) days of the date of invoice from City. Invoices from City shall describe the basis of estimated or actual costs to Customer.
k) Standards of Care: Customer shall ensure that its contractors perform the construction of the Substation Facilities and other facilities to be transferred to SVP in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California and that contractors maintain all required all licenses, permits, qualifications, insurance and approvals.
Customer shall further ensure that these contractors maintain expertise in the professional calling necessary to the
construction of the Substation Facilities and other facilities to be transferred to SVP.
I) Warranty: By delivery of the Substation Facilities to be transferred to SVP, Customer expressly warrants that the Substation Facilities to be transferred to SVP shall be fit for the purpose intended, be free from defect, conform to the to the standards and requirements specified by SVP, and comply with all applicable federal, state and local laws. Customer shall cause its contractor to promptly replace or correct any incomplete, inaccurate, or defective materials or services at no cost to City when the Substation Facilities fail to conform with the foregoing. If Customer fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Contractor for the cost Substation Agreement with Vantage Data Centers CA31, LLC Rev 2/1/2022
DocuSign Envelope ID: 47733377-0B3C-4201-8EA6-AA52EA243FCB incurred by City.
V. CONNECTION PHASE
The following activities and obligations shall constitute the Connection Phase:
A. SVP OBLIGATIONS
1. Upon completion of the Substation Facilities, Transmission Facilities and System Capacity Improvement Facilities, SVP shall provide the Available Capacity (inclusive of any Interim Service that is transferred to the Substation Facilities) for each Load Phase as detailed in Exhibit E. Such capacity shall include primary and, as necessary, secondary, services to the Premises.
2. All electrical equipment, installed by Customer upon the Premises for the purpose of, but not limited to, delivery and metering of Customer's Electric Service, shall become the property of SVP. SVP shall own, operate, and maintain the Substation Facilities (including the City-owned control building and all other City-owned equipment) and the Transmission Facilities at SVP's sole cost and expense, in accordance with good utility practices and Rules and Regulations.
B. CUSTOMER OBLIGATIONS
1. Customer shall work with SVP to transfer Customer's existing load from any temporary power such as temporary construction power, or other Interim Service to the new Substation Facilities within three (3) months after energization of the Substation Facilities.
VI. LOAD FORECAST AND LOAD DEVELOPMENT FEE PAYMENT SCHEDULE A. During Interim Service and after Substation Facilities are energized, Customer is permitted to use Available Capacity based on Exhibit E as it may be amended pursuant to this Section.
B. City will invoice Load Development Fees based on the following schedule:
1. Following the Effective Date, City will invoice Customer for Load Development Fees based on 20 MVA. This amount will be reduced by the dollar amount of Load Development Fees paid for Interim Service.
2. Each time that Available Capacity exceeds Cumulative Paid Capacity in Exhibit E, City will invoice Load Development Fees in 10 MVA increments based on the fee in the municipal fee schedule at the time of invoice.
C. SVP may request, and the Customer shall provide, a 10-Year load forecast by month within thirty (30) days of SVP's request in a form required by SVP.
SVP may make such request up to twice per year. This forecast will be used to determine applicable capacity available for use and incorporated into SVP's TPP with CAISO. This 10-Year load forecast (which may also be referred to as load ramp schedule) is for transmission planning purposes only and does not amend Exhibit E. Exhibit E may only be modified by amendment to this Agreement or pursuant to subsection F of this Section Substation Agreement with Vantage Data Centers CA31, LLC Rev 2/1/2022
DocuSign Envelope ID: 47733377-0B3C-4201-BEA6-M52EA243FCB VI.
D. SVP will evaluate Customer's load forecast and determine applicable capacity available for use and incorporated into SVP's TPP with CAISO.
SVP may adjust load forecast to meet SVP's system capacity requirements.
E. Customer shall be responsible for operating within the Available Capacity for each Load Phase in Exhibit E. In the event that Available Capacity for a Load Phase is exceeded, the Customer shall pay any penalties, damages, or any other cost associated with Customer's load exceeding Available Capacity. Such costs include, but are not limited to, (1) costs of the deenergization of SVP electric system for asset inspection; and (2) any penalties assessed to SVP by CAISO relating to resource adequacy forecasted capacity based on the Customer's excess load above Available Capacity for that Load Phase identified in Exhibit E.
F. Capacity Reduction:
1. SVP will monitor Peak Demand at the end of each Load Phase and annually after the last phase depicted in Exhibit E.
2. After the end of each Load Phase, City, in its sole discretion, may reduce the Available Capacity and Cumulative Paid Capacity based on Peak Demand during the last completed phase (Reduced Available Capacity).
3. During the Load Phases defined in Exhibit E, average Peak Demand is calculated as the highest demand average over three (3) consecutive monthly billing periods (Average Peak Demand) for each year during that Load Phase.
4. In the event that Available Capacity in a Load Phase is 15% or more greater than Average Peak Demand, SVP may take action to reduce Available Capacity and unilaterally amend Exhibit E ("Capacity Reduction").
5. SVP shall notify the Customer of any Capacity Reduction by means of a Capacity Reduction Notice in substantially the same format as Exhibit F - Sample Capacity Reduction Notice attached hereto and incorporated into this Agreement by reference. Such notice will include an updated Exhibit E and, through that notice, Exhibit E will be effectively amended and incorporated into the Agreement.
6. In the event that SVP issues a Capacity Reduction Notice which includes capacity for which Customer has paid Load Development Fees, SVP will refund the amounts Customer paid for the amount of available capacity that has been reduced unless such capacity is included in a future Load Phase. Customer shall have no right to any interest accrued by the entire payment or any amount refunded.
7. If the Cumulative Paid Capacity has been subject to a Capacity Reduction at any time during the term of the Agreement and, if the Customer's demand is expected to increase above the reduced Available Capacity, then the Customer may request an amendment to the Agreement to amend Exhibit E. Customer shall provide any supporting information requested by SVP and, if acceptable to City, Substation Agreement with Vantage Data Centers CA31, LLC Page 10 of29 Rev 2/1/2022
OocuSign Envelope ID: 47733377-0B3C-4201-8EA6-AA52EA243FCB the Parties will execute an Amendment to the Agreement modifying Exhibit E.
8. After Final Load Phase, SVP may continue to evaluate the highest demand average over (3) three consecutive monthly billing periods during a five-year window beginning with end date of the final phase of the currently effective Available Capacity Schedule. SVP may issue Capacity Reduction Notices at any time that the Available Capacity in the Final Load Phase is 15% greater than Average Peak Demand.
G. When evaluating Customer Peak Demand, SVP may evaluate any anomalies such as needle peaks that may artificially increase peak demand and, at SVP's sole discretion, such anomalies may be excluded from the calculation of Average Peak Demand.
H. Customer shall provide at least 14-day advance notice of any maintenance or commissioning activities.
VII. NON-INTERFERENCE
Neither Party nor any of its agents or contractors shall perform any work relating to the Interim Service, the Substation Facilities, the Transmission Facilities, or the Premises in a manner which unreasonably interferes with the other Party's work or property. Customer and each of its respective agents and contractors shall use their best efforts to minimize disruption to the City. Without limiting the generality of the foregoing, each party shall consult in good faith with the other regarding the manner in which work will be performed.
VIII. FORCE MAJEURE
A. Notwithstanding anything to the contrary in this Agreement, neither Party shall be considered to be in default in performance of any of its obligations under this Agreement when a failure of performance is due to a Force Majeure event.
B. For the purpose of this Agreement, "Force Majeure" is defined as any cause beyond the reasonable control of the Party affected, and which by exercise of reasonable due diligence such Party could not reasonably have been expected to avoid and which by exercise of due diligence it has been unable to overcome or obtain or cause to be obtained a commercially reasonable substitute therefore.
C. Force Majeure includes failure or threat of failure of facilities, Acts of God, flood, drought, earthquake, storm, tornado, fire, explosion, lightning, epidemic, public emergency, war, riot, civil disobedience, labor strike, labor dispute, labor or materials shortage (however labor or materials shortage does not include the mere inability to obtain that labor or material at a particular price), sabotage, restraint by court order, restraint by public authority, or action or non-action by governmental authority or accident), which by the exercise of due diligence such Party could not reasonably have been expected to avoid and which by exercise of due diligence has been unable to overcome.
D. Notwithstanding Section VIII.C, a Force Majeure does not include (a) any cost and expense increase; (b) any strike or lockout or other labor-related disturbance involving only the employees of Customer or its contractors and Substation Agreement with Vantage Data Centers CA31, LLC Rev 2/1/2022
DocuSign Envelope ID: 47733377-0B3C-4201-8EA6-AA52EA243FCB which is not part of a nationwide strike, (c) typical weather or climatic conditions, including precipitation (including rain and snow), heat or wind conditions as would be expected for the geographic area of the Premises, (d) unavailability of labor, equipment, material or other resources (e) economic hardship of any Party; (f) machinery or equipment breakdown due to inadequate maintenance, (g) price fluctuations with respect to labor or materials, supplies or components of equipment related to items to be supplied by Contractor under this Agreement; and (h) the application of laws and/or implementation of health and safety guidelines, whether legally mandated or merely recommended, that exist on the Effective Date and relate to the Coronavirus pandemic, including laws or guidelines regarding wearing of protective masks, social distancing, on-site COVID testing or other related medical screening, rental of additional portable restrooms and/or additional trailers to promote social distancing, additional cleaning and disinfection, procurement of hand sanitizer, masks, air filters, thermometers and signage, and management and oversight of the foregoing.
E. The Party claiming that a Force Majeure event has occurred shall notify the other Party in writing within thirty (30) days from the date that such Party knew of the event or circumstance giving rise to the claim. Such notice shall fully describe the claimed Force Majeure event, and outline the affected Party's efforts to prevent, avoid, overcome, delay or mitigate such Force Majeure event and the impacts on its performance hereunder, as well as the anticipated duration of such delay. The affected Party shall keep the other Party informed, in writing, on a regular basis during the pendency of the Force Majeure event to any updated information regarding such anticipated duration.
IX. ASSIGNMENT OF AGREEMENT/SUCCESSORS IN INTEREST
A. Customer and City bind themselves, their successors, and assigns, to all covenants of this Agreement. Except as otherwise set forth in this Agreement, no interest in this Agreement or any of the work provided for under this Agreement shall be assigned or transferred, either voluntarily or by operation of law, by either Party without the prior written approval of the other Party, which approval shall not be unreasonably withheld, conditioned, or delayed; any such assignment shall not relieve the assignor from any of its obligations under this Agreement.
B. Customer shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Customer is for the acts and omissions of persons directly employed by it.
X. NO THIRD PARTY BENEFICIARY
Except permitted assignees subject to Section IX, this Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
Substation Agreement with Vantage Data Centers CA31, LLC Rev 2/1/2022
DocuSign Envelope ID: 47733377-0B3C-4201-8EA6-AA52EA243FCB XI. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Customer agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney's fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with this Agreement - including claims of any kind by Customer's employees or persons contracting with Contractor to perform any portion of this Agreement- and shall expressly include passive or active negligence by City connected with the Agreement.
However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.
B. Customer's obligation to protect, defend, indemnify, and hold harmless in full City and City's employees, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of Customer, against City (either alone, or jointly with Customer), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.
XII. AMENDMENTS
It is mutually understood and agreed that no alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the Parties and incorporated as an Amendment to this Agreement.
XIII. SEVERABILITY CLAUSE
In case any one or more of the provisions contained herein shall be held invalid, illegal or unenforceable by a court of competent jurisdiction, it shall not affect the validity of the other provisions which shall remain in full force and effect.
XIV. WAIVER
Waiver by either Party of any provision of this Agreement shall not be construed as waiver(s) of any other provision of this Agreement. This specifically includes active or passive waiver of actions after Available Capacity for a specific phase is exceeded.
XV. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:
Chief Electric Utility Officer
City of Santa Clara
1500 Warburton Avenue
Santa Clara, California 95050
And by e-mail at [email protected], and
[email protected]
Substation Agreement with Vantage Data Centers CA31, LLC Rev 2/1/2022
DocuSign Envelope ID: 47733377-083C-4201-8EA6-AA52EA243FCB And to Customer addressed as follows:
Vantage Data Centers CA31, LLC
2820 Northwestern Parkway
Santa Clara, CA 95051
Attention: General Counsel
Email: [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.
An e-mail transmitted after 1 :00 p.m. Pacific Standard Time on a Friday shall be deemed to have been transmitted on the following business day.
XVI. CAPTIONS
The captions of the various sections, paragraphs and subparagraphs of this Agreement are for convenience only and shall not be considered or referred to in resolving questions of interpretation.
XVII. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
XVIII. COMPLIANCE WITH LAWS
Customer shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted, including but not limited to "The Code of the City of Santa Clara, California" ("SCCC"). In particular, Customer's attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally, Customer has read and agrees to comply with City's Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).
XIX. DISPUTE RESOLUTION
A. Unless otherwise mutually agreed to by the Parties, any controversies between the Parties regarding the construction or application of this Agreement, and claims arising out of this Agreement or its breach, shall be submitted to mediation within thirty (30) days of the written request of one Party after the service of that request on the other Party.
B. The Parties may agree on one mediator. If they cannot agree on one mediator, the Party demanding mediation shall request the Superior Court of Santa Clara County to appoint a mediator. The mediation meeting shall not exceed one day (eight (8) hours). The Parties may agree to extend the time allowed for mediation under this Agreement
C. The costs of mediation shall be borne by the Parties equally.
Substation Agreement with Vantage Data Centers CA31, LLC Rev 2/1/2022
DocuSign Envelope ID: 47733377-0B3C-4201-8EA6-AA52EA243FCB D. Mediation under this section is a condition precedent to filing an action in any court. In the event of litigation or mediation that arises out of any dispute related to this Agreement, the Parties shall each pay their respective attorney's fees, expert witness costs and cost of suit, regardless of the outcome of the litigation.
XX. OTHER AGREEMENTS
This Agreement shall not prevent either Party from entering into similar agreements with other entities or individuals.
XXI. TERMINATION
A. Termination for Cause
1. For purposes of this Agreement, the term "default" shall mean the failure of any Party to perform any material obligation in the time and manner provided by this Agreement.
2. Either Party may terminate this Agreement in the event of a default by the other Party by providing a written Notice of Termination to the defaulting Party. Such Notice of Termination shall become effective no less than thirty (30) calendar days after a Party receives such notice. Such Notice of Termination for cause shall include a statement by the terminating Party setting forth grounds for determination of default under the Agreement.
3. Opportunity to Cure Default: Upon receipt of a Notice of Termination by a Party arising from its default under this Agreement, the defaulting Party shall have thirty (30) days from the receipt of such notice to cure the default by making such payment or performing the required obligation (or additional time, if any that is reasonably necessary to promptly and diligently cure the default). If the default is cured to the reasonable, mutual satisfaction of the Parties, the Agreement shall remain in effect upon written acceptance of the cure by the Party who issued the Notice of Termination for cause.
B. Termination without Cause
At any time, Customer may elect to terminate construction of the Substation Facilities upon delivery of (180) days written notice thereof to the City. If Customer chooses to terminate construction of the Substation Facilities and Transmission Facilities, Customer will reimburse any and all City expenses, termination fees, and cancellation fees reasonably incurred by the City related to the Substation Facilities and Transmission Facilities prior to the expiration of such 180-day notice period. Customer shall not be entitled to a refund of any Load Development Fees.
XXII. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
XXIII. INTEGRATED DOCUMENT-TOTALITY OF AGREEMENT
This Agreement and its Exhibits embody the entire agreement between the Parties Substation Agreement with Vantage Data Centers CA31, LLC Page 15 of 29 Rev 2/1/2022
DocuSign Envelope ID: 47733377-0B3C-4201-8EA6-AA52EA243FCB regarding the subject matter of this Agreement. In the event of a conflict between the terms of the Agreement and the Exhibits, the terms of the Agreement shall control. No other understanding, agreements, conversations, or otherwise, with any officer, agent, or employee of the City shall affect or modify any of the terms in or obligations created by this Agreement.
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: • Dated: / {) /;3 k)dd)>--
D . 1 B 11 . Digitally signed by Daniel Ballin ante a 1n Date:2022.10.1210:33:13 -07'00'
Office of the City Attorney
City of Santa Clara
.s3j, ev Batra - City M ger
15'00 Warburton Aven e
Santa Clara, CA 95050
Telephone: ( 408) 615-2210
Fax (408) 241 -6771
"CITY"
VANTAGE DATA CENTERS CA31, LLC
os a Delaware lim~t: .. d liability company
Dated: IADocuSigned by: 8, 2022_
By (Signature): L Mt~ - - --------- N 3ED3486536FB443 ... - - --- ---- ---- ame: Jerrery I encn
Title: President
Principal Place of
Business Address: 2820 Northwestern Parkway
Email Address: [email protected]
Telephone: (303) 562-6744
"CUSTOMER"
EXHIBIT A
Parcel Map
Substation Agreement with Vantage Data Centers CA31, LLC Rev 2/1/2022
DocuS!gn Envelope ID: 47733377-0B3C-4201-8EA6-M52EA243FCB COUNT'!' ASSESSOR s A N TA
CENlRAL
P:M. 256-M·S
CSMT. \
Substation Agreement with Vantage Data Centers CA31, LLC Rev 2/1/2022
CALIFORNIA
EXPRESSWAY
P.M.314-M-29
CONOENSA
DocuSign Envelope ID: 47733377-0B3C-4201-8EA6-AA52EA243FCB
EXHIBIT B
Interim Service Diagram
7',<JO WAl SH
2500
Substation Agreement with Vantage Data Centers CA31, LLC Rev 2/1/2022
I
MH
V173 . ·, vs 2 217 ';., .-
DocuSign Envelope ID: 47733377-0B3C-4201-8EA6-AA52EA243FCB Demarcation
Fence
EXHIBIT C
Substation Plan
Perimeter Wall
EXHIBIT D
Substation Agreement with Vantage Data Centers CA31 , LLC Rev 2/1/2022
Tran:em.is!;'ion FRcihtie,
l!,PO'M'\,
OR,~ MLI \','' IT l!l'f
e e•.rAC
OocuSign Envelope ID: 47733377-083C-4201-8EA6-M52EA243FCB Project Schedule and Costs
I. PAYMENT RATES
A. Customer shall pay the Load Development Fee according to the schedule in Table D1 based on the Load Development Fee at the time of payment in the City of Santa Clara Municipal Fee Schedule adopted by the City Council of the City of Santa Clara as amended from time to time.
B. In addition to any costs paid to directly to third parties by Customer for construction and other Customer responsibilities under this Agreement, Customer shall also be responsible for actual costs for Substation Facilities and Transmission Facilities including, but not limited to actual City costs for any associated work, services, or materials.
II. PAYMENT SCHEDULE
A. City will invoice Customer based on the milestone schedule on Table D1.
Payment is due within 30 days of Invoice Date.
B. All Estimated Amounts are based on fees at the time of this Agreement.
Actual Amounts will be based on fees at the time of invoice.
Substation Agreement with Vantage Data Centers CA31, LLC Rev 2/1/2022
DocuSign Envelope ID; 47733377-083C-4201-8EA6-AA52EA243FCB Table D1 - Pavment Milestone Schedule
Payment City Invoice Date Estimated
Milestone (PM) Amount of Invoice
PM 1 City will issue an invoice within 30 Days of the Effective $8,162,026 Date of this Agreement.
City will invoice Load Development Fees for the difference between 20 MVA and the # of MVA as already paid for
Interim Service.
PM2 City will issue an invoice 30 Days before Public Works $2,708,879 contract is submitted to Council for approval.
PM 3 After energization of Substation Facilities, City will invoice $TBD Customer for the difference between estimated costs billed in PM 1 and PM 2 and actual costs.
PM4 Phase O: Load Development Fee; City will invoice $ 6,979,800 Customer according to the provisions of Section VI of the Agreement no sooner than 3 years following energization of Substation Facilities.
PM 5 Phase 1: Load Development Fee; City will invoice $6,979,800 Customer according to the provisions of Section VI of the Agreement no sooner than 4 years following energization of Substation Facilities.
Ill. PROJECT SCHEDULE & ESTIMATED COSTS
Table D2 sets forth (1) the design and construction activities associated with the Substation Facilities and Transmission Facilities; and (2) associated schedule and payment estimates. Tasks and activities in this schedule may overlap and Estimated Duration is a best-case scenario estimate.
Table D2 - Substation Facilities and Transmission Line Design and Construction Elements
Task/ Activity Estimated Estimated Payment Comments
Duration Amount to be Milestone
oaid to SVP
1. Substation Facilities design 4 months $113,181.00 PM 1 Customer also pays
2. Transmission Facilities design Interim Load Development Fee
3. Control Building Procurement 6 months $ 115,260.00 PM 1 Concurrent with Drawings preparation of Substation
4. Preparation of Public Works Facilities and
Construction Specification Transmission Facilities
Documents drawinas
5. Substation Facilities Construction 8 months $41,500.00 PM2 Construction costs paid Sunnort directlv bv Customer
6. Substation Facilities Commissioning 4 months $ 524,379.00 PM2 Begins after Substation and Testing Facilities construction is
comolete.
Transmission Facilities Interconnection Process (Estimated Duration 26 months) includes tasks associated with #7 - #14 below. This process will occur concurrent with Substation Facilities design, construction, commissioning, and testing
Substation Agreement with Vantage Data Centers CA31, LLC Rev 2/1/2022
DocuSign Envelope ID: 47733377-0B3C-4201-8EA6-AA52EA243FCB Task/ Activity Estimated Estimated
Duration Amount to be
oaid to SVP
7. Transmission Facilities Line 3 months $88,785.00
Consultant
8. Transmission Line Interconnection 6 months $ 75,000.00 Desian (Concurrent with #9)
9. Steel Transmission Facilities Pole 12 months $ 790,000.00 and Materials Procurement
(Concurrent with #8)
10. Public Works Construction Bid 8 months $5,000.00
process for Transmission Facilities
line construction
11. Transmission Facilities line 3 months $1,088,000.00 construction associated with
connecting the Substation Facilities
to the SVP 60kV loop
12. Work necessary at adjacent stations
for relay panel replacement or
upgrades necessary for the new
interconnection
13. Transmission Facilities Line 6 months $210,000.00
interconnection (Citv Labor)
14. Miscellaneous costs may include, but $ 840,000.00
are not limited to
• Encroachment permits from City of
Santa Clara, Santa Clara County, and
Santa Clara Valley Water District;
• Utility relocation work;
• Soil remediation or disposal of
hazardous materials not previously
identified;
• Stormwater Pollution Prevention Plan
(SWPPP) permit fees,
• in lieu transfer to City of Santa Clara
General Fund
City will invoice Customer (and TBD
Customer shall pay) the difference
between estimated and actual costs
TOTAL ESTIMATED DURATION AND 30 $3,891,105
COSTS MONTHS
Substation Agreement with Vantage Data Centers CA31, LLC Rev 2/1/2022
Payment Comments
Milestone
PM 1
PM 1
PM 1
PM 2
PM 2 This Task/ Activity does
not include any work
associated with capacity
increases on the loop.
PM2
PM 2
PM3
Estimated duration
includes net duration
with schedule overlaps
included. Schedule
assumes best case
scenario (Transmission
Facilities
Interconnection
Process) and no delays
due to Force Maieure
DocuSign Envelope ID: 47733377-0B3C-4201-BEA6-AA52EA243FCB IV. LOAD DEVELOPMENT FEE (LDF) PAYMENT SCHEDULE
Total Capacity Anticipated (99 MVA)
All Estimated Amounts are based on fees at the time of this Agreement.
Actual Amounts will be based on fees at the time of invoice.
Load Phase Timeline Estimated Payment Comments
amount to be Milestone
oaid to SVP
Interim Service - 2.5 MVA Within 30 days of the $6,979,800 PM 1 LDF $348.99 + 17.5 MVA (1 st LDF Effective Date of this
oavmentl Aareement
Phase O -20 MVA No sooner than 3 years $6,979,800 PM4
after energization of
Substation Facilities
Phase 1-20 MVA* No sooner than 4 years $6,979,800 PMS
after energization of
Substation Facilities
ESTIMATED TOTAL $ 20,939,400
LOAD DEVELOPMENT
FEES
*Togo above 52.2 MVA at this location, additional loop configuration or an additional loop may be required and may delay ramp increase.
V. ESTIMATED TOTAL PROJECT COSTS TO BE PAID TO SVP
All costs are estimates based on current rates and fees at the time of execution of this Agreement. Actual costs will be based on rates at the time of activity and fees at the time of payment.
A. Substation/Transmission Line Design and Construction Costs: $3,891,105 B. Load Development Fees: $ 20,939,400
C. Grand Total: $ 24,330,505
Substation Agreement with Vantage Data Centers CA31, LLC Rev 2/1/2022
DocuSign Envelope ID: 47733377-0B3C-4201-8EA6-AA52EA243FCB
EXHIBIT E
AVAILABLE CAPACITY SCHEDULE
I. SVP will make commercially reasonable efforts to provide Available Capacity for Customer's use based on the timeline shown in Table E1 ("Available Capacity Schedule").
II. The start date of the Available Capacity Schedule is the July 1st following the energization of the Substation Facilities ("Capacity Start Date"). Where load development fees are due pursuant to Table E1, City will invoice customer for Load Development Fee Payment after July 1 of the applicable year.
Ill. The Phase Start Date for each phase assumes Customer has paid all amounts due including, but not limited to, Load Development Fees and charges included in Exhibit D before the start of that Phase.
IV. Table E1 - Available Capacity Schedule is subject to the provisions of Section VI.F. (Capacity Reduction) of the Agreement.
Substation Agreement with Vantage Data Centers CA31, LLC Rev 2/1/2022
OocuSign Envelope ID: 47733377-0B3C-4201-8EA6-AA52EA243FCB Table E1 -Available Capacity Schedule
Capacity for Cumulative
Paid
Load Phase Start Phase End Available Load Capacity Year Capacity Development Phase Date Date (Max 99 (MVA) Fee Payment MVA) (MVA) 3 months
Interim Interim Service after 2022
Service Facilities substation to 2.5 MVA 20MVA 20 MVA
complete facilities 2023
energized
3 years after 2024 3.0 MVA 0MVA 20MVA
Substation energization
0 Facilities of Substation 2025 18MVA 0MVA 20 MVA
Energized Facilities
Date 2026 32MVA 20MVA 40MVA
Date Substation 2027 52.2 MVA* 20 MVA 60MVA
Facilities 3 years after
52.2 MVA* 60MVA 1 Phase 1 Start 2028 0MVA Energized +3 Date years 2029 52.2 MVA* 0MVA 60MVA
Date Substation 2030 52.2 MVA* 0MVA 60MVA
Facilities 3 years after
52.2 MVA* 60 MVA 2 Phase 2 Start 2031 0MVA Energized +6 Date years 2032 52.2 MVA* 0MVA 60 MVA
Date Substation 2033 52.2 MVA* 0MVA 60MVA
Facilities 2 years after
52.2 MVA* 60 MVA 3 Phase 3 Start 2034 0MVA Energized +8 Date years
*Togo above 52.2 MVA at this location, additional loop configuration or an additional loop may be required and may delay ramp increase.
Substation Agreement with Vantage Data Centers CA31, LLC Rev 2/1/2022
DocuSign Envelope ID: 47733377-0B3C-4201 -8EA6-AA52EA243FCB
EXHIBIT F
Sample Capacity Reduction Notice
This Capacity Reduction Notice is made pursuant to the [INSERT SUBSTATION NAME] Substation Agreement (the "Agreement"), between the City of Santa Clara, California, a chartered California municipal corporation ("City") and [INSERT NAME OF ENTITY], [INSERT TYPE OF ENTITY] ("Customer") dated _ _ ___ , 20_.
This Capacity Reduction Notice is governed by the provisions of the Agreement, and this Capacity Reduction Notice is incorporated into that Agreement.
Customer is hereby notified that the Available Capacity Schedule (Exhibit E - Available Capacity Schedule) of the Agreement has been modified according to the below calculations:
Capacity Reduction Calculation pursuant o Phase#
PHASE]
[INSERT SUBJECT
Available Capacity for year: _ __ has been modified based on the following calculation:
1. Peak Demand for [INSERT FIRST CONSECUTIVE MONTH], 20_ during evaluation period [INSERT PHASE OR YEAR STATED IN STEP
1]: ___ _ MVA
2. Peak Demand for [INSERT SECOND CONSECUTIVE MONTH], 20_ during evaluation period [INSERT PHASE OR YEAR STATED IN STEP
1]: _ _ _ _____ MVA
3. Peak Demand for [INSERT THIRD CONSECUTIVE MONTH], 20_ during evaluation period [INSERT PHASE OR YEAR STATED IN STEP
1]: ___ ____ _ MVA
4. Average Peak Demand of three consecutive monthly billing periods: [INSERT AVERAGE OF STEPS 1, 2, AND 3] MVA
5. If Available Capacity is 15% or greater than Average Peak Demand : [INSERT MVA FROM STEP 5 MULTIPLIED BY 1.15] MVA
Based on the above reduction calculation, Table E1-Available Capacity Schedule in Exhibit E of the Agreement has been modified. This Capacity Reduction Notice is effective 30 days from the date signed by the SVP official below.
The new Available Capacity for each Load Phase of Agreement is as shown on Exhibit E -AVAILABLE CAPACITY SCHEDULE -AMENDED [ENTER DATE OF NOTICE+ 30 Days] attached and incorporated into the Agreement by reference. Such Exhibit E shall supersede any previous Exhibit E whether those Exhibits were modified by amendment to the Agreement or by Capacity Reduction Notice.
By:
Name: ---- - -------
Tit I e: Chief Electric Utility Officer
Signature: ___________ _ _
Date: - --- -------
Substation Agreement with Vantage Data Centers CA31 , LLC Rev 2/1/2022
DocuS[gn Envelope ID: 47733377-0B3C-4201-8EA6-AA52EA243FCB
EXHIBITG
Exhibit G1
Vantage Portfolio Operating Limit
Table G-1 -Available Capacity Schedule for Vantage Properties Vantage Portfolio Capacity Operation Limits for the following Vantage Properties per the Letter from Manuel Pineda to Sam Huckaby, dated 9/24/2020 and attached as Exhibit G2:
• 2820 Northwestern
• 2897 Northwestern
• 737 Mathew
• 2590 Walsh
Year 2897 2820 737 2590 Total Portfolio (MVA)
Northwestern Northweste Mathew Walsh
(MVA) rn (MVA) (MVA)
IMVA\
2022 7.0 54.0 34.0 2.5 97.5
2023 7.0 57.0 47.0 2.5 113.5
2024 7.0 57.0 64.0 3.0 131.0
2025 7.0 57.0 71.0 18.0 153.0
2026 7.0 57.0 71.0 32.0 167.0
2027 9.0 60.0 71.0 52.0 192.0
2028 9.0 60.0 71.3 52.2 192.5*
2029 9.0 60.0 71.3 52.2 192.5*
2030 9.0 60.0 71.3 52.2 192.5*
2031 9.0 60.0 71.3 52.2 192.5*
2032 9.0 60.0 71.3 52.2 192.5*
2033 9.0 60.0 71.3 52.2 192.5*
* Limited to 192.5 MVA until such time as SVP, in its sole discretion, determines that SVP can accommodate additional MVA; provided, however, that such determination shall not occur earlier than (1) the completion of SVP transmission and CAISO controlled transmission grid projects and (2) the increase of system capacity.
Substation Agreement with Vantage Data Centers CA31, LLC Rev 2/1/2022
DocuSign Envelope ID: 47733377-0B3C-4201-8EA6-AA52EA243FCB Exhibit G2
Letter from Manuel Pineda to Sam Huckaby, dated 9/24/2020 September 24, 2020
Vantage Data Centers
Sam Huckaby, Vice President - Construction
2820 Northwestern Parkway
Santa Clara, CA 95051
Subject: New Data Center at 2590 Walsh
Dear Mr. Huckaby,
SILICON
VALLEY POWER. CITY OF SANTA CLARA
The City of Santa Clara's Electric Department, Silicon Valley Power, is the electric utility for the City of Santa Clara. Electric service to the subject project will be provided in accordance with the Rules and Regulations for the utility as approved by the Santa Clara City Council. Silicon Valley Power has reviewed the power needs and commitments at all Vantage sites within the City per the property list below:
• 2820 N01ihwestem
• 2897 Northwestern
• 737 Mathew
• 2590 Walsh (new proposed project not yet approved- request for 90 MVA) Based on Vantage's existing and future power needs, Silicon Valley Power should be able to provide the following total power combined for all the sites:
• Up to 126.5 MVA from the current date to the end of Second Quarter of 2022 • Up to 192.5 MVA at Third Quarter of 2022 upon completion of the South Loop Project. o If there are delays on the South Loop Project, it will affect the timeline to increase from 126.5 to 192.5.
o 737 Mathew is limited to 33 MW until the South Loop Project is completed. • Silicon Valley Power is starting the process for additional transmission capacity to the City. The conceptual timeline for completion is Fomih Quarter of 2025. Upon completion of additional transmission, Vantage can increase from 192.5 MV A to 273 MVA.
• If Vantage has a need to exceed 192.5 MVA prior to these timeframes, the City would be interested in partnering on a battery storage project or other generation facility to serve those needs.
Substation Agreement with Vantage Data Centers CA31, LLC Rev 2/1/2022
DocuSign Envelope ID: 47733377-0B3C-4201-8EA6-AA52EA243FCB The specific details of this service and SVP system modifications required to provide this capacity for 2590 Walsh will be worked out in a Substation Service Agreement at a future date.
The City is also in the process of reviewing and updating its load development fee, which will be applicable for any new project ( or above 192.5 MV A). It is also important to note that all appropriate fees will need to be paid, and this letter does not supersede any requirements or agreements for the already approved sites at 2820 N01ihwestem, 2897 No1ihwestem, and 737 Mathew.
Questions can be directed to Wendy Stone at (408) 615-5648.
Thank you,
~/2-
Manuel Pineda
Chief Electric Utility Officer
City of Santa Clara - Silicon Valley Power
cc: Michael Stoner
881 Martin Avenue • Santa Clara, CA 95050 • 408-61 5-6600 • Fax 40.8-249-02 17 www .siliconvalleypower.com
Substation Agreement with Vantage Data Centers CA31 , LLC Rev 2/1/2022
Amendment No. 1 to Agreement/Vantage Data Centers CA31 Page 1 of 5 Rev. 10/25/2019
EBIX Insurance No. S200005288
AMENDMENT NO. 1
TO THE SUBSTATION AGREEMENT
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA
AND
VANTAGE DATA CENTERS CA31, LLC
PREAMBLE
This Amendment No. 1 to the Substation Agreement (“Amendment No. 1”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (“City”) and Vantage Data Centers CA31, LLC, a Delaware Limited Liability Company (“Customer”). City and Customer may be referred to individually as a “Party” or collectively as the “Parties”.
RECITALS
A. The Parties previously entered into an agreement entitled “Substation Agreement By and Between the City of Santa Clara, California and Vantage Data Centers CA31, LLC for Services Between the City of Santa Clara, California, and Vantage Data Centers CA31, LLC”, dated October 13, 2022 (Agreement) and
B. The Parties wish to amend the Agreement to update Exhibit E – Available Capacity Schedule and Exhibit G1 – Vantage Portfolio Operating Limit.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. EXHIBIT E of the Agreement, entitled “AVAILABLE CAPACITY SCHEDULE”, is deleted and replaced with “EXHIBIT E AVAILABLE CAPACITY SCHEDULE, AMENDED DECEMBER 1, 2024”, attached hereto and incorporated into the Agreement by reference.
2. EXHIBIT G1 of the Agreement, entitled “VANTAGE PORTFOLIO OPERATING LIMIT”, is deleted and replaced with “EXHIBIT G1 VANTAGE PORTFOLIO OPERATING LIMIT, AMENDED DECEMBER 1, 2024”, attached hereto and incorporated into the Agreement by reference.
3. Except as set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control. [SIGNATURES ON FOLLOWING PAGE]
Amendment No. 1 to Agreement/Vantage Data Centers CA31 Page 2 of 5 Rev. 10/25/2019
The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:
GLEN R. GOOGINS
City Attorney
JŌVAN D. GROGAN
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
VANTAGE DATA CENTERS CA31, LLC
a Delaware limited liability Company
Dated:
By (Signature):
Name: Jeffery Tench
Title: President
Principal Place of
Business Address:
2820 Northwestern Parkway
San Jose, CA 95131
Email Address: [email protected]
Telephone: (303) 562-6744
“CUSTOMER”
Amendment No. 1 to Agreement/Vantage Data Centers CA31 Page 3 of 5 Rev. 10/25/2019
EXHIBIT E
AVAILABLE CAPACITY SCHEDULE
AMENDED DECEMBER 1, 2024
I. SVP will make commercially reasonable efforts to provide Available Capacity for Customer's use based on the timeline shown in Table E1 ("Available Capacity Schedule").
II. The start date of the Available Capacity Schedule is the July 1st following the energization of the Substation Facilities ("Capacity Start Date"). Where load development fees are due pursuant to Table E1, City will invoice customer for Load Development Fee Payment after July 1 of the applicable year.
Ill. The Phase Start Date for each phase assumes Customer has paid all amounts due including, but not limited to, Load Development Fees and charges included in Exhibit D before the start of that Phase.
IV. Table E1 - Available Capacity Schedule is subject to the provisions of Section VI.F. (Capacity Reduction) of the Agreement.
Table E1 -Available Capacity Schedule
Load
Phase
Phase Start
Date
Phase End
Date Year
Available
Capacity
(MVA)
Capacity for
Load
Development
Fee Payment
(MVA
Cumulative
Paid
Capacity
(Max 99
MVA)
Interim
Service
Interim Service
Facilities
complete
3 months
after
substation
facilities
energized
2022
to
2023
2.5 MVA 20 MVA 20 MVA
0 Substation
Facilities
Energized
3 years after
energization
of Substation
Facilities
2024 19 MVA 0 MVA 20 MVA
2025 22 MVA 10 MVA 30 MVA
2026 40.5 MVA 10 MVA 40 MVA
1 Date Substation
Facilities
Energized +3
years
3 years after
Phase 1 Start
Date
2027 40.5 MVA* 10 MVA 50 MVA
2028 40.5 MVA* 0 MVA 50 MVA
2029 40.5 MVA* 0 MVA 50 MVA
2 Date Substation
Facilities
Energized +6
years
3 years after
Phase 2 Start
Date
2030 40.5 MVA* 0 MVA 50 MVA
2031 40.5 MVA* 0 MVA 50 MVA
2032 40.5 MVA* 0 MVA 50 MVA
3 Date Substation
Facilities
Energized +8
years
2 years after
Phase 3 Start
Date
2033 40.5 MVA* 0 MVA 50 MVA
2034 40.5 MVA* 0 MVA 50 MVA
*To exceed 40.5 MVA at this location, additional loop configuration or an additional loop may be required which may delay ramp increase.
Amendment No. 1 to Agreement/Vantage Data Centers CA31, LLC Rev. 10/25/19
EXHIBIT G
EXHIBIT G1
VANTAGE PORTFOLIO OPERATING LIMIT
AMENDED DECEMBER 1, 2024
Table G-1 -Available Capacity Schedule for Vantage Properties Vantage Portfolio Capacity Operation Limits for the following Vantage Properties per the Letter from Manuel Pineda to Sam Huckaby, dated 9/24/2020 and attached as Exhibit G2:
• 2820 Northwestern
• 2897 Northwestern
• 737 Mathew
• 2590 Walsh
Year 2897
Northwestern
(MVA)
2820
Northwestern
(MVA)
737
Mathew
(MVA)
2590
Walsh
(MVA)
Total Portfolio
(MVA)
2024 6.5 50.0 47.0 19.0 122.5
2025 8.0 57.0 66.0 22.0 153.0
2026 8.0 60.0 72.0 40.5 180.5
2027 8.0 60.0 84.0 40.5 192.5*
2028 8.0 60.0 84.0 40.5 192.5*
2029 8.0 60.0 84.0 40.5 192.5*
2030 8.0 60.0 84.0 40.5 192.5*
2031 8.0 60.0 84.0 40.5 192.5*
2032 8.0 60.0 84.0 40.5 192.5*
2033 8.0 60.0 84.0 40.5 192.5*
* Limited to 192.5 MVA until such time as SVP, in its sole discretion, determines that SVP can accommodate additional MVA; provided, however, that such determination shall not occur earlier than (1) the completion of SVP transmission and CAISO controlled transmission grid projects and (2) the increase of system capacity.
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-373 Agenda Date: 11/19/2024
REPORT TO COUNCIL
SUBJECT
Action to Adopt a Resolution Approving Updates to the City’s Water Service and Use Rules and Regulations
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
The City of Santa Clara Water Service and Use Rules and Regulations (hereafter “Rules and Regulations”) establish the requirements that govern the design, construction, service, use and operation of the City’s Potable Water and Recycled Water systems. These requirements must be periodically updated to reflect regulatory changes in the region and at the State level.
The protection of the City’s valuable water resources and the distribution system is a major priority for the City. Section 13.15.170 of the Santa Clara City Code currently incorporates Title 17, Section 7583 et seq of Title 17 of the California Code of Regulations (“Title 17”). Title 17 regulates the prevention of cross-connections within the City’s water distribution system. For example, Section 7604 of Title 17 establishes minimum requirements for backflow prevention devices. These devices are typically installed on all potable water service connections in order to protect the City’s public drinking water system from contaminants.
Although the current Rules and Regulations have requirements for the protection of the City’s water system, these requirements need to be updated to further clarify the implementation of Title 17 and adopt the requirements of successor regulations.
In addition, there are also several sections of the Rules and Regulations that need further clarification, especially development projects, such as policies regarding recycled water use, the development review requirements, hydraulic analysis implementation, water infrastructure requirements, and non-functional turf requirements. The proposed changes reflect the City’s goals of preserving the use of the City’s precious potable and recycled water resources and the commitment to safety and sustainability.
DISCUSSION
This proposed update to the Rules and Regulations (renamed “Potable and Recycled Water System Rules and Regulations” for added transparency and clarity) addresses these needs by clarifying the City’s implementation of Title 17 and development project requirements. Proposed updates include the following items:
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23-373 Agenda Date: 11/19/2024
· Updated Definitions (e.g. Appurtenances, Auxiliary Water, Backflow Prevention Device, Development, Turf, Standards),
· Removal of Section 3 “Contracts” because it no longer reflects current practice, · Removal of Section 8 “City Distribution System on Customer Premises” and insertion of new Section 7 “New Development,”
· Removal of Section 15 “Main Extensions” and incorporation into Section 7 “New Development,”
· Clarification of the requirement to install backflow devices on all services for new development (Section 7.M), on existing non-compliant backflow devices within new development projects (Section 7.N), and on all fire service connections (Section 15.C), · Clarification of the requirement to upgrade existing services with no backflow devices (Section
19.E) and existing services with non-compliant devices (Section 19.F) within 90 days if given notice,
· Clarification that only Air Gaps, Reduced Pressure Principle Backflow Prevention Assembly (RPs), Reduced Pressure Principle Detector Backflow Prevention Assembly (RPDAs), and Double Check Detector Assembly (DCDA) are accepted for backflow prevention (Section
19.D),
· Requirement for new developments to implement studies such as Water Supply Assessments (WSA) (Section 7.A) and Development Impact Analysis (DIA) (Section 7.B), · Requirement for new developments to implement mitigation to impacts to the water systems such as water main extension or upsizing for hydraulic capacity (Section 7.H) and Recycled Water (RW) main extension if it needs to supply recycled water to the site (Section 7.I), · Requirement for new developments to use Recycled Water (RW) (Section 7.D) and convert existing systems to Recycled Water (RW) (Section 7.E),
· Requirement for separate services for different land uses and water uses (Section 7.O), · Increase of the minimum water service size to a 1-inch service and Meter (Section 15.D), · Updates to reflect current State of California Model Water Efficient Landscape Ordinance, · Prohibition of the installation and irrigation of non-functional turf on new and existing developments, and
· Reference to the future adoption of State Model Water Efficient Landscape Ordinance.
City Council’s approval of this update will provide clearer guidance to the development community on the City’s requirements for the implementation of Title 17 and the protection of the City’s water system and water resources. It will also facilitate the adoption of future successor regulations to Title 17, Title 22, and the Water Efficient Landscape regulations.
As a result of this update, development projects will have a clearer understanding of the City’s requirements and will be able to incorporate these requirements into their project scopes, which will facilitate fewer review cycles and thereby reduce the amount of time projects remain within the development review process. The updates to the Rules and Regulations will also protect the health and safety of the City’s water system and preserve our precious water resources.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to the following sections of Title 14 of the California Code of Regulations: (1) section 15061(c)(3) as it can be seen with certainty that there is no City of Santa Clara Page 2 of 3 Printed on 11/15/2024
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23-373 Agenda Date: 11/19/2024
possibility that the proposed rule changes will have a significant effect on the environment; and (2) Section 15378(b)(2) as the amendment of the Rules and Regulations involves general policy and procedure making.
FISCAL IMPACT
There is no cost to the City for the recommended action other than administrative staff time.
COORDINATION
This report has been coordinated with the City Attorney’s Office, the Community Development Department, and the Department of Public Works.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Adopt a Resolution approving updates to the City’s Water Service and Use Rules and Regulations.
Reviewed by: Gary Welling, Director, Water & Sewer Utilities Department Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Resolution Approving Updates to the Water Service and Use Rules and Regulations
2. Water Service and Use Rules and Regulations (Original)
3. Revised Water Service and Use Rules and Regulations (red line)
4. Revised Water Service and Use Rules and Regulations (clean copy) City of Santa Clara Page 3 of 3 Printed on 11/15/2024
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Resolution/Approving Updates to City’s Water Service and Use Rules and Regulations Page 1 of 2 Rev: 7/27/2023
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
APPROVING UPDATES TO THE CITY’S WATER SERVICE AND
USE RULES AND REGULATIONS
WHEREAS, a reliable minimum supply of potable water is essential to the public health, safety and welfare of the people and economy of the City of Santa Clara; WHEREAS, Section 7583 et seq. of Title 17 of the California Code of Regulations for crossconnections specifies the minimum requirements for backflow prevention devices that must be installed to protect the public drinking water system from contaminants; WHEREAS, the City of Santa Clara (City) incorporates the requirements of Title 17 in the Water Service and Use Rules and Regulations (Rules and Regulations); WHEREAS, the City of Santa Clara wishes to clarify the implementation of Title 17 and other requirements of the Rules and Regulations for new development projects; WHEREAS, Section 2 of Article X of the California Constitution and Section 100 of the California Water Code declare that the general welfare requires water resources be put to beneficial use, waste or unreasonable use or unreasonable method of use of water be prevented, and conservation of water be fully exercised with a view to the reasonable and beneficial use thereof; WHEREAS, Section 7 of Article XI of the California Constitution declares that a city or county may make and enforce within its limits all local, policy, sanitary, and other ordinances and regulations not in conflict with general laws;
WHEREAS, the adoption and enforcement of the updates to the Rules and Regulations is necessary to protect and manage the City’s potable water supply, water distribution system and ensure a reliable and sustainable minimum supply of water for the public health, safety and welfare; and,
WHEREAS, the City Council has reviewed the updated Rules and Regulations and the information accompanying the Report to Council concerning the proposed updates.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
Resolution/Approving Updates to City’s Water Service and Use Rules and Regulations Page 2 of 2 Rev: 7/27/2023
1. That the findings set forth above are hereby adopted
2. That the updated Water Service and Use Rules and Regulations presented in the presented in the accompanying Report to Council and attached hereto in final form, are hereby adopted. The City Council also hereby renames the Water Service and Use Rules and Regulations to the “Potable and Recycled Water System Rules and Regulations.”
3. Effective date. This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 2024, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST: ______________________________
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference:
1. Updates to the City’s Water Service and Use Rules and Regulations (clean copy) S:\Attorney\RESOLUTIONS\Form Resolution-City.doc
WATER SERVICE AND USE
RULES AND REGULATIONS
CITY OF SANTA CLARA
TABLE OF CONTENTS WATER SERVICE AND USE RULES AND REGULATIONS City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/03 Page i
TABLE OF CONTENTS
1. GENERAL STATEMENT AND DEFINITIONS.................................................................................... 1
1.A ESTABLISHMENT OF RULES AND REGULATIONS ......................................................... 1
1.B GENERAL STATEMENT........................................................................................................... 1
1.C WATER USE RESTRICTIONS AND PROHIBITIONS ......................................................... 2
1.D INCORPORATION OF MUNICIPAL SERVICES DIVISION RULES AND REGULATIONS ......................................................................................................................................... 3
1.E DEFINITIONS.............................................................................................................................. 3
2. NOTICES .................................................................................................................................................... 6
2.A NOTICES TO THE CUSTOMER .............................................................................................. 6
2.B NOTICES TO THE CITY ........................................................................................................... 6
3. CONTRACTS ............................................................................................................................................. 7
4. APPLICATION FOR WATER SERVICE .............................................................................................. 8
4.A SERVICE ORDER APPLICATIONS ........................................................................................ 8
4.B CHANGES IN WATER SERVICE............................................................................................. 8
5. RATES ......................................................................................................................................................... 9
5.A RATES........................................................................................................................................... 9
5.B TEMPORARY RATE SCHEDULE ........................................................................................... 9
5.C ESTABLISHMENT OF NEW OR OPTIONAL RATES ......................................................... 9
5.D REASSESSMENT OF RATE SCHEDULE QUALIFICATION ............................................. 9
5.E SERVICE BY FACILITIES PURCHASED FROM OTHER UTILITIES............................. 9
6. METER TEST AND ADJUSTMENT OF BILLS FOR METER ERROR .........................................10
6.A METER TEST ............................................................................................................................10
6.B METER TEST - CUSTOMER REQUEST ..............................................................................10
6.C ADJUSTMENT OF BILLS FOR METER ERROR ...............................................................10
7. APPEAL FROM THE APPLICATION, REQUIREMENTS, OR INTERPRETATION OF THESE RULES AND REGULATIONS ....................................................................................................................12
8. CITY DISTRIBUTION SYSTEM ON CUSTOMER PREMISES.......................................................13
8.A NEW DEVELOPMENTS ..........................................................................................................13
8.B RELOCATION OF EXISTING FACILITIES ........................................................................13
8.C RIGHTS OF WAY......................................................................................................................13
9. ACCESS, INTERFERENCE, TAMPERING, AND THEFT ...............................................................14
9.A CITY RIGHT OF ACCESS.......................................................................................................14
9.B WORK OUTSIDE CITY’S OPERATING CONVENIENCE................................................14
9.C INTERFERENCE.......................................................................................................................14
9.D TAMPERING .............................................................................................................................14
9.E FRAUD ........................................................................................................................................15
9.F LIABILITY, PENALTY, PROSECUTION AND PUNISHMENT FOR VIOLATION ......15
9.G CIVIL ACTION..........................................................................................................................15
10. TEMPORARY WATER SERVICE......................................................................................................16
10.A TIME LIMIT ..............................................................................................................................16
10.B CHARGE FOR WATER SERVED ..........................................................................................16
10.C INSTALLATION CHARGE AND DEPOSITS .......................................................................16
10.D REFUNDS ...................................................................................................................................16
10.E TEMPORARY WATER PERMIT ...........................................................................................17
11. SHORTAGE OF SUPPLY AND INTERRUPTION OF DELIVERY...............................................18
12. DESCRIPTION OF STANDARD WATER SERVICE.......................................................................19
12.A NUMBER OF SERVICES TO SEPARATE PREMISES .......................................................19
12.B SERVICE TO MULTIPLE UNITS...........................................................................................19
12.C SINGLE METER SERVICE TO MULTIPLE TENANTS/UNITS .......................................19
13. RESPONSIBILITY FOR EQUIPMENT AND PROTECTIVE DEVICES ......................................21
13.A RESPONSIBILITY FOR EQUIPMENT..................................................................................21
13.B PROTECTIVE DEVICES .........................................................................................................21
TABLE OF CONTENTS WATER SERVICE AND USE RULES AND REGULATIONS City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/03 Page ii
14. SERVICE CONNECTIONS AND METERS.......................................................................................23
14.A SERVICE CONNECTIONS......................................................................................................23
14.B METERS .....................................................................................................................................23
14.C CHANGES IN LOCATION OF METERS AND SERVICE CONNECTIONS....................23
14.D CHANGES IN SIZE OF METER .............................................................................................23
14.E OWNERSHIP .............................................................................................................................24
14.F MAINTENANCE........................................................................................................................24
14.G SPLIT SERVICE CONNECTIONS..........................................................................................24
15. MAIN EXTENSIONS.............................................................................................................................25
15.A EXTENSIONS.............................................................................................................................25
15.B RIGHT TO CHANGE POLICY ...............................................................................................25
16. AUTOMATIC FIRE SERVICE............................................................................................................26
16.A PURPOSE....................................................................................................................................26
16.B REQUEST AND APPLICATION.............................................................................................26
16.C INSTALLATION CHARGES ...................................................................................................26
16.D QUANTITATIVE CHARGES ..................................................................................................26
16.E VIOLATION OF AGREEMENT..............................................................................................27
16.F OWNERSHIP OF CONNECTION...........................................................................................27
16.G PRESSURE AND SUPPLY .......................................................................................................27
16.H RATES.........................................................................................................................................27
17. FIRE HYDRANTS..................................................................................................................................28
17.A USE OF AND DAMAGE TO FIRE HYDRANTS...................................................................28
17.B INSTALLATION OF FACILITIES ON PRIVATE PROPERTY.........................................28
17.C MARKING OR COLOR CODING OF HYDRANTS.............................................................28
17.D MODIFICATION OR RELOCATION OF FIRE HYDRANTS............................................28
17.E WATER FROM FIRE HYDRANTS ........................................................................................29
18. POOLS AND TANKS.............................................................................................................................31
19. CONTROL VALVES .............................................................................................................................32
20. CROSS CONNECTIONS.......................................................................................................................33
20.A HEALTH REGULATIONS.......................................................................................................33
20.B CITY REQUIREMENTS...........................................................................................................33
20.C APPROVED BACKFLOW PREVENTION DEVICES .........................................................33
20.D PLUMBING CHANGES REQUIRED .....................................................................................33
20.E RELIEF VALVE REQUIRED ..................................................................................................34
20.F BACKFLOW PROTECTION ON ADDITIONAL WATER SUPPLY LINES....................34
20.G INSPECTION OF BACKFLOW PREVENTION DEVICES ................................................34
20.H INSTALLATION OF BACKFLOW PREVENTION DEVICES...........................................34
20.I INSTALLATION OF FACILITIES ON PRIVATE PROPERTY.........................................35
20.J REMOVAL OR MODIFICATION OF BACKFLOW PREVENTION DEVICES .............35
20.K DISCONTINUANCE OF SERVICE FOR DEFECTIVE APPARATUS..............................35
21. RECYCLED WATER USE ...................................................................................................................36
21.A ABBREVIATIONS.....................................................................................................................36
21.B DEFINITIONS............................................................................................................................37
21.C SUMMARY OF ON-SITE INSTALLATION REQUIREMENTS ........................................40
21.D FEES AND LICENSE ................................................................................................................43
21.E THE CITY AS THE LOCAL AUTHORITY...........................................................................43
21.F AUTHORIZED USES FOR RECYCLED WATER................................................................44
21.G NON-APPROVED USE AREAS...............................................................................................44
21.H AMENDMENTS .........................................................................................................................45
21.I PROTECTION OF PUBLIC HEALTH...................................................................................45
21.J RIGHT TO TERMINATE SERVICE......................................................................................45
21.K SEVERABILITY ........................................................................................................................45
22. DESIGN, INSTALLATION AND INSPECTION OF SYSTEMS FOR USE OF RECYCLED WATER ..........................................................................................................................................................46
22.A DESIGN APPROVAL................................................................................................................46
22.B REQUIRED ON-SITE RECYCLED WATER SERVICE PLANS........................................46
TABLE OF CONTENTS WATER SERVICE AND USE RULES AND REGULATIONS City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/03 Page iii
22.C BASIS FOR DESIGN REVIEW CRITERIA...........................................................................47
22.D SUMMARY OF DESIGN REVIEW CRITERIA....................................................................48
22.E PRELIMINARY CROSS-CONNECTION TEST EXISTING SITES...................................50
22.F CONSTRUCTION INSPECTION ............................................................................................50
22.G FIELD TESTING AND INSPECTION ....................................................................................51
22.H TEMPORARY CONNECTION TO POTABLE SERVICE...................................................51
22.I FINAL CROSS-CONNECTION TEST....................................................................................51
22.J FINAL INSPECTION ................................................................................................................52
22.K FINAL APPROVAL...................................................................................................................53
22.L RECORD DRAWINGS..............................................................................................................53
23. OPERATION AND MAINTENANCE OF SYSTEMS FOR USE OF RECYCLED WATER ........54
23.A CONDITIONS OF SERVICE ...................................................................................................54
23.B SYSTEM RESPONSIBILITY ...................................................................................................54
23.C HOURS OF OPERATION.........................................................................................................55
23.D DESIGNATION OF CUSTOMER SUPERVISOR................................................................. 55
23.E PERSONNEL TRAINING.........................................................................................................55
23.F VEHICLE IDENTIFICATION................................................................................................. 56
23.G MAINTENANCE........................................................................................................................56
23.H ANNUAL SELF-INSPECTIONS AND REPORTS................................................................. 57
23.I PERIODIC PROGRAM INSPECTIONS.................................................................................58
23.J MODIFICATIONS.....................................................................................................................59
23.K PERIODIC CROSS-CONNECTION TESTING.....................................................................59
23.L SYSTEM NOT IN COMPLIANCE ..........................................................................................60
23.M NOTIFICATION ........................................................................................................................60
23.N EMERGENCY PROCEDURE..................................................................................................60
23.O EMERGENCY CROSS-CONNECTION RESPONSE PLAN ...............................................61
24. WATER CONSERVATION IN LANDSCAPING ..............................................................................68
24.A PURPOSE....................................................................................................................................68
24.B APPLICABILITY.......................................................................................................................68
24.C DEFINITIONS............................................................................................................................70
24.D WATER-EFFICIENT DESIGN CHECKLIST .......................................................................79
24.E COMPONENTS OF A LANDSCAPE PROJECT SUBMITTAL..........................................79
24.F DEMONSTRATION OF LANDSCAPE WATER EFFICIENCY.........................................81
24.G WATER EFFICIENT DESIGN ELEMENTS .........................................................................82
24.H LANDSCAPE AND IRRIGATION DESIGN PLANS ............................................................87
24.I WATER BUDGET CALCULATION.......................................................................................91
24.J SOIL ANALYSIS........................................................................................................................93
24.K. LANDSCAPE INSTALLATION REPORT.............................................................................94
24.L LANDSCAPE AND IRRIGATION MAINTENANCE...........................................................94
24.M LANDSCAPE PROJECT REFERRAL....................................................................................95
24.N LANDSCAPE PROJECT REVIEW FEE ................................................................................95
24.O AUDIT OF EXISTING LANDSCAPES ...................................................................................96
24.P CERTIFICATE OF COMPLETION........................................................................................97
24.Q RECYCLED WATER................................................................................................................98
24.R ENVIRONMENTAL REVIEW ................................................................................................98
24.S PUBLIC EDUCATION..............................................................................................................98
24.T PENALTIES................................................................................................................................98
WATER SERVICE AND USE
RULES AND REGULATIONS
CITY OF SANTA CLARA
WATER SERVICE AND USE RULES AND REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/03 Page 1
1. GENERAL STATEMENT AND DEFINITIONS
1.A ESTABLISHMENT OF RULES AND REGULATIONS
The following rules and regulations, rates and charges governing Water Service furnished by the City of Santa Clara, California are hereby established.
1.B GENERAL STATEMENT
The City of Santa Clara shall furnish Water Service including distribution Main extensions in accordance with Municipal Services Division Rules and the regulations hereinafter set forth, and in accordance with all other applicable ordinances, to any property within the corporate limits of the City and to such areas outside the City limits as the City Council may designate.
All water used must be taken through a water meter unless a permit is first obtained in compliance with the regulations contained in these Rules and Regulations.
Applications for service to Premises for which a Service Connection has already been installed may be made in accordance with the Municipal Services Division Rules and Regulations, which are incorporated herein by reference as though set forth in full.
Such applications will signify the Customer’s willingness and intention to comply with all applicable Rules and Regulations and rates duly adopted, and to make payment for Water Service rendered.
WATER SERVICE AND USE RULES AND REGULATIONS No. 1
1. GENERAL STATEMENT AND DEFINITIONS (Continued)
WATER SERVICE AND USE RULES AND REGULATIONS
City Council Resolution # 17-8462 (07/18/17)
Latest Revision: 04/27/17 Page 2
If application is made for service to property where no Service Connection has been installed, but a distribution Main is adjacent to the property, the applicant, in addition to making application for service, shall comply with the regulations governing the installation of Service Connections. Where an extension of the distribution Main is necessary or a substantial investment is required to furnish service, the applicant shall be informed by the City of the applicable provisions of the Code and these Rules and Regulations governing the extension of distribution Main and facilities.
1.C WATER USE RESTRICTIONS AND PROHIBITIONS
The following list of Water Use Restrictions and Prohibitions are specific measures which prevent water waste and achieve reasonable, yet substantial, reductions in water use by all users in the City.
The following uses of water are prohibited by the City:
(a) Wasting water, which includes but is not limited to, the flooding or runoff on City sidewalks, gutters, and streets.
(b) Cleaning of sidewalks, driveways, patios, parking lots, or other paved or hard-surfaced areas.
(c) Washing cars, buses, boats, trailers, or any vehicle by use of a hose unless that hose is fitted with an operating automatic shut-off valve. (d) Water waste due to broken or defective plumbing, fire system, irrigation system, or any appurtenance thereto; or to open or to leave open any stopcock or faucet so as to permit water waste.
(e) Service of water by any restaurant unless requested by a patron. (f) Installation of a single-pass cooling system.
(g) Installation and/or use of a non-recirculating, decorative fountain. (h) Construction of a non-recirculating conveyor car wash. (i) Watering lawns during or within 48 hours after measureable precipitation. (j) Irrigating ornamental turf on public street medians (k) Irrigation 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.
(l) Irrigation between the hours of 9AM and 6PM
In addition to the above water use prohibitions and to promote efficient water use, hotels/motels shall provide guests with the option of choosing not to have towels and linens laundered daily. Notice of this option shall be displayed prominently in each guestroom using easily understood terms and language.
WATER SERVICE AND USE RULES AND REGULATIONS No. 1
1. GENERAL STATEMENT AND DEFINITIONS (Continued)
WATER SERVICE AND USE RULES AND REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/03 Page 3
1.D INCORPORATION OF MUNICIPAL SERVICES DIVISION RULES AND
REGULATIONS
These Rules and Regulations hereby incorporate by reference all Rules and Regulations of the Municipal Services Division of the Department of Finance of the City of Santa Clara. Rules governing the establishment of credit, rendering and payment of bills, financial aspects of temporary service or discontinuance of service for water are contained in the Municipal Services Division Rules and Regulations.
1.E DEFINITIONS
Terms appearing with an initial letter capitalized, are defined terms. The definitions set forth in the Rules and Regulations for the Municipal Services Division, Department of Finance, are incorporated by reference as set forth in full, and those definitions are not repeated here; reference should be made to Section 1.B of Municipal Services Division Rules and Regulations. Unless the particular provision or context otherwise requires, the definitions and provisions contained in the Water Service and Use Rules and Regulations Section 1.E. and the Municipal Services Division Rules and Regulations Section 1.B, shall govern the construction, meaning, and application of words and terms used in these Rules and Regulations.
The singular of a word or term shall include the plural and the plural shall include the singular. Such words or terms as defined in these Rules and Regulations Section 1.B shall be initially capitalized when used in context of these Rules and Regulations.
Backflow: The reverse flow of water or any other fluid or substance or any combination or mixture thereof from the Customer’s system into the City’s water distribution system.
Backflow Prevention Device: A City-approved device that prevents Backflow into the City’s water distribution system.
Best Management Practice ("BMP"): A policy, program, practice or rule aimed at more efficient use or conservation of the water resources of the City and State.
City: The City of Santa Clara, California, acting through its elected officials or its duly authorized officers, employees, agents, or fictitious business names.
City Equipment: Any property, facility, apparatus, or material associated with providing one or more Utility Services including, but not limited to, City’s electric distributions system, water distribution system, pipes, ducts, conduits, valves, meters, backflow prevention devices, transformers, protective devices, wiring, WATER SERVICE AND USE RULES AND REGULATIONS No. 1
1. GENERAL STATEMENT AND DEFINITIONS (Continued)
WATER SERVICE AND USE RULES AND REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/03 Page 4
switches, meters and other appurtenances required to provide a Utility Service to Customer’s Premises.
City Employee: Any authorized City employee, agent or representative.
City’s Operating Convenience: The utilization of facilities or practices which contribute to the overall efficiency, safety or reliability of the water utility operations. City’s Operating Convenience does not refer to Customer convenience or adoption of practices required to comply with applicable ordinances, rules and regulations, or similar requirements of public authorities.
City’s Water System: The water supply and distribution system and all appurtenances thereto owned and operated by the City, including all Service Connections to the City’s water mains.
City Code: The Code of the City of Santa Clara, California.
Commercial Service: Provision of water to Premises where the Customer is engaged in trade.
Cross-Connection: Cross-connection means an unprotected actual or potential connection between a potable water system used to supply water for drinking purposes and any source or system containing unapproved water or a substance that is not or cannot be approved as safe, wholesome, and potable. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices, or other devices through which Backflow could occur, shall be considered to be cross-connections.
Customer: The Person, Persons, firm, association, governmental agency, corporation or other legal entity who use, are entitled to use, or benefit from the use of City of Santa Clara Utilities.
Domestic Service: Water Services to single- or multiple-dwelling Premises for use by residents and residential associations, including water for irrigation and other similar and customary purposes.
Fire Service - Private: Provision of water to Premises for automatic fire sprinkler service.
Fire Service - Public: Public fire protection service through fire hydrants connected to the water distribution system and made available to the City Fire Department.
Industrial Service: Provision of water to Premises for use in manufacturing or processing activities.
WATER SERVICE AND USE RULES AND REGULATIONS No. 1
1. GENERAL STATEMENT AND DEFINITIONS (Continued)
WATER SERVICE AND USE RULES AND REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/03 Page 5
Main Extensions: Extension of distribution pipelines, exclusive of Service Connections, beyond existing facilities.
Mains: Distribution pipelines, which are used to service the general public, and are located in streets, highways, public rights of way or easements through private lands.
Meter Rate Service: Provision of water in measured quantities through metered service.
Municipal Or Public Use: Provision of water to municipal departments or for other public uses.
Owner: Property or building Owner and authorized agents Service Connection: The connection of City of Santa Clara water, sewer or electric equipment to Customer equipment for the purpose of providing Utility Services. This includes, but is not limited to, all or any portion of the water pipe and appurtenances, including the meter, between the City distribution line and an individual Customer’s system. All or any portion of the water pipe and appurtenances, including meter, between the City distribution line and an individual Customer’s system.
Service Order: Customer request for the connection or discontinuance of Water Service.
Tamper: To rearrange, bypass, damage, alter, interfere with, break, prevent normal function of equipment in any way, prevent access to equipment, or hinder a City Employee in the performance of their duties.
Temporary Water Service: Service for an enterprise or activity which is temporary in character, where it is known in advance that service will be of limited duration, or the permanency of which has not been established.
Total Cost: The sum of all fully located expenses including overheads, all labor, material and use of City Equipment to complete a particular repair or addition to the system, and the cost of associated resources consumed.
Utility Connection Point: Point of delivery determined by the City Water Department.
Water Service: Provision of water, either potable or recycled, to property or Premises through a Service Connection.
WATER SERVICE AND USE RULES AND REGULATIONS No. 2
WATER SERVICE AND USE RULES AND REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/03 Page 6
2. NOTICES
2.A NOTICES TO THE CUSTOMER
Notice, under and pursuant to the effective Rules and Regulations of the City, from the City to a Customer may be given by written notice, either delivered by the City or properly enclosed in a sealed envelope and deposited in any United States Post Office postage prepaid, addressed to the Customer’s last known address.
2.B NOTICES TO THE CITY
Requests for permits or licenses pursuant to the effective Rules and Regulations of the City and notices from any Water Service Customer to the City regarding a relocation of Water Service, an increase in size of Water Service, or any material change either in the amount or character of appliances or equipment installed upon the Premises may be presented by the Customer or authorized agents, in person, or sent to:
City of Santa Clara
Water and Sewer Utilities
1500 Warburton Ave.
Santa Clara, CA 95050
WATER SERVICE AND USE RULES AND REGULATIONS No. 3
WATER SERVICE AND USE RULES AND REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/03 Page 7
3. CONTRACTS
3.A Contracts will not be required as a condition prior to Water Service except:
3.A.1 As conditions in the regular schedule of rates approved or accepted by the City;
3.A.2 As may be required for water extensions for Temporary Water Service or speculative projects;
3.A.3 As may be required for construction purposes as a condition prior to Water Service;
3.A.4 Any Customer Application for Water Service which in the judgment of the City is not a standard practice;
3.A.5 A contract may be required for special operating conditions or other circumstances as may be required for the City’s Operating Convenience.
WATER SERVICE AND USE RULES AND REGULATIONS No. 4
WATER SERVICE AND USE RULES AND REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/03 Page 8
4. APPLICATION FOR WATER SERVICE
4.A SERVICE ORDER APPLICATIONS
Application is required by the Municipal Services Division Office when Water Service is desired. By applying for any Water Service, an applicant indicates their willingness and intention to comply with these Rules and Regulations, and applicable rates. Application for Water Service does not in itself bind the City to serve any applicant except under reasonable conditions as determined by the City, nor does it bind the applicant to take Water Service for a longer period than the minimum requirements of the appropriate rate schedule(s).
Applications for residential, commercial, and industrial service will be accepted by telephone or in person at the Municipal Services Division.
4.B CHANGES IN WATER SERVICE
When a Customer intends to make any material change either in the amount or character of the equipment installed upon the Premises to be supplied with water by the City, the Customer shall immediately provide written notice to the City Water Utility. Failure to comply may result in a discontinuance of Water Service without notice.
Customer will be liable for damages to City Equipment and facilities resulting from the Customer’s failure to provide written notification to, and approval of, the City Water Utility prior to the addition of water demand.
Customer may be subject to reassessment of rate schedule qualification as provided by these Rules and Regulations.
WATER SERVICE AND USE RULES AND REGULATIONS No. 5
WATER SERVICE AND USE RULES AND REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/03 Page 9
5. RATES
5.A RATES
The rates to be charged by and paid to the City for Water Service shall be the rates legally in effect and on file with the City Clerk, where they shall be available for public inspection.
5.B TEMPORARY RATE SCHEDULE
An Applicant for Water Service may be assigned a temporary rate schedule until qualification parameters for a customary rate schedule are met. The qualification period shall not exceed twelve (12) months and any change in rate schedule due to new Water Service qualification will apply retroactive to the date of qualification under applicable rate schedule then in effect. The selection of the temporary rate shall be made by the Municipal Services Division and based on historical usage for the Premises, historical usage of the Customer, (an estimate if historical usage is not available), or as provided for by these Rules and Regulations.
5.C ESTABLISHMENT OF NEW OR OPTIONAL RATES
If the City adopts new or optional schedules or rates, the City shall take such measures as may be reasonable to advise those of its Customers who may be affected by the change.
In the case where the City adopts new rate schedules, which allows a Customer to qualify for more than one rate or schedule, the Customer may request which applicable rate or schedule is desired. Upon request, the Municipal Services Division shall assist the Customer to select the most appropriate rate or schedule, or in the absence of a request, the Municipal Services Division shall have the authority to make the selection based on the available information.
5.D REASSESSMENT OF RATE SCHEDULE QUALIFICATION
A Customer may request a reassessment of their qualification for a particular rate schedule. A change to a different applicable schedule, as approved by the Municipal Services Division, shall become effective for service rendered after the next regular meter reading following the date of approval by the City. The effective date may be delayed if a change in Water Service hardware, watermeter or other associated equipment is required. Notices shall be served as indicated in Water Service and Use Rules and Regulations Section 2 herein.
5.E SERVICE BY FACILITIES PURCHASED FROM OTHER UTILITIES Where the City has purchased Water Service facilities from other water utilities, the Customer shall be placed on the applicable City rate schedule.
WATER SERVICE AND USE RULES AND REGULATIONS No. 6
WATER SERVICE AND USE RULES AND REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/03 Page 10
6. METER TEST AND ADJUSTMENT OF BILLS FOR METER
ERROR
6.A METER TEST
Each meter will be tested at regular intervals which shall be determined by the Water Utility. In no case shall the interval between tests exceed 20 years.
6.B METER TEST - CUSTOMER REQUEST
6.B.1 Any Customer may, after giving not less than one (1) week’s notice, request the City to test the meter serving his/her Premises.
6.B.2 Except as provided herein, the City may require from the Customer a fee to cover the cost of the test.
6.B.3 The fee will be refunded to the Customer if the meter is found, upon test, to register more than two (2%) percent fast under conditions of normal operation. The deposit will be retained by the City to cover test costs if the meter is less than two (2%) percent fast. The Customer will be notified, not less than five (5) days in advance of the time and place of the test.
6.B.4 A Customer shall have the right to require the City to conduct the test in his presence, or in the presence of his representative. A written report giving the results of the test will be supplied to the Customer within ten (10) days after completion of the test.
6.C ADJUSTMENT OF BILLS FOR METER ERROR
6.C.1 Fast Meters
When, as a result of any test, a meter is found to be registering more than two (2%) percent fast, under conditions of normal operation, the City will make necessary adjustments to the Customer’s bill (credit or charge) to correct the overcharge based on corrected meter readings (0% greater than actual consumption) for the period in which the meter was in use in accordance with Municipal Services Division Rules and Regulations Section 6.H.3.
6.C.2 Slow Meters
6.C.2.(a) Upon testing, if a meter under normal conditions is found to register less than ninety-eight percent (98%) of the actual consumption, Municipal Services Division may bill the
Customer for the undercharge based on the corrected meter WATER SERVICE AND USE RULES AND REGULATIONS No. 6
6. METER TEST AND ADJUSTMENT OF BILLS FOR METER ERROR
(Continued)
WATER SERVICE AND USE RULES AND REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/03 Page 11
readings (100% actual consumption) for the period in which the meter was in use in accordance with Municipal Services
Division Rules and Regulations Section 6.H.3.
6.C.2.(b) Upon testing, a meter used for other than domestic service is found to register less than ninety-eight percent (98%) of the actual consumption, Municipal Services Division may bill the Customer for the undercharge based upon the corrected meter readings (100% actual consumption) for the period in which the meter was in use in accordance with Municipal Services
Division Rules and Regulations Section 6.H.3
6.C.3 Non-Registering Meters
Municipal Services Division may bill the Customer for water consumed while the meter was not registering. At Municipal Services Division’s option, the bill will be computed on an estimate of consumption based on the Customer’s use during the same season of the preceding year or based on an alternate method of estimation determined by Municipal Services Division, which includes, but is not limited to, the City’s experience with Customer’s usage on the same rate schedule; and the general characteristics of the Customer’s operations.
WATER SERVICE AND USE RULES AND REGULATIONS No. 7
WATER SERVICE AND USE RULES AND REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/03 Page 12
7. APPEAL FROM THE APPLICATION, REQUIREMENTS, OR
INTERPRETATION OF THESE RULES AND REGULATIONS
7.A Unless California law, this Code, or an ordinance or resolution of the City prescribes an alternative procedure, any Customer may request an appeal from an interpretation, requirement or application of the Rules and Regulations. The appeal may be made by submitting a written Request for Appeal to the Director of Water and Sewer Utilities. Upon receipt of a Request for Appeal, the Director shall review the request and notify the appellant in writing of his/her decision within forty-five (45) days of the request. Appeal from the application, requirements or interpretation of the Municipal Services Division Rules and Regulations shall be made in accordance with those Rules and Regulations.
7.B A Customer may further appeal the Director’s determination regarding the appeal from the application, requirements, and/or interpretation of these Rules and Regulations to the City Manager. Such a subsequent appeal must be made in writing and received by the City Clerk within seven (7) calendar days after receipt of the written decision by the Director.
7.C The appeal to the City Manager shall consist of a written notice of the appeal, written details explaining the grounds on which the appeal is based, and the payment of an appeal fee of twenty-five dollars ($25.00) or an amount otherwise modified or set from time to time by resolution of the City Council.
7.D The appeal to the City Manager shall be heard within forty-five (45) days from the filing of said notice. If an address is not provided in the notice of appeal, such notice need not be given to the Customer.
7.E Written notice of such hearing informing the appellant of the date and time of the hearing shall be personally served upon the appellant, or on any person employed in the place where the business in question, or activity, is maintained. If service cannot be made in the foregoing manner, then a copy of such notice may be mailed to the appellant at his or her place of business or his or her last address known to the City Clerk, at least five (5) days prior to the hearing. The time of such notice may be shortened by the City Manager with the written consent of the appellant.
7.F At the hearing, an opportunity will be afforded to the appellant and the City to make statements for the record regarding the facts in dispute and the circumstances surrounding the matter being appealed. A record of the hearing will be established.
7.G The City Manager shall render his/her decision within forty-five (45) days after the conclusion of said hearing. In his/her decision, the City Manager may reverse, set aside, affirm, amend or modify the decision of the Director. The decision of the City Manager shall be final insofar as the administrative hearing process is concerned.
WATER SERVICE AND USE RULES AND REGULATIONS No. 8
WATER SERVICE AND USE RULES AND REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/03 Page 13
8. CITY DISTRIBUTION SYSTEM ON CUSTOMER PREMISES
8.A NEW DEVELOPMENTS
8.A.1. Prior to submitting any projects for Water Service, the Developer shall submit a site plan showing all existing utilities, trees, structures and easements to the Water Utility. Developer shall then contact City Electric Department and Water Utility for requirements and prepare the site plan resolving coordination of all utilities. Charges for new Service Connections are payable in advance and shall be in accordance with applicable sections of the City Code.
8.A.2 Most Water Service Connections will normally be furnished and installed by City between the street curb and the property line.
8.A.3 Subject to the approval of the Director of Water and Sewer Utilities, and providing there is no depressed-grade condition planned or existing on the Premises, water needs may be served by an on-site water distribution system and individual meters installed (either by City or Developer) and maintained by City in an easement (minimum width 15 feet) granted for that purpose. Developer must contact the Water Utility for the water infrastructure design criteria prior to designing the on-site utilities.
8.A.4 All trees, existing and proposed, shall maintain a minimum clearance of 10 feet from any existing or proposed Water facilities. Existing trees that conflict will have to be removed. Trees shall not be planted in water easements or public utility easements.
8.B RELOCATION OF EXISTING FACILITIES
Any relocation of existing City facilities shall be paid for by the requesting party.
8.C RIGHTS OF WAY
Water easements shall be provided by Customer for all City water utility facilities.
City will determine the location of easements and prepare document(s) at customer’s expense, for Customer’s signature, unless easements are dedicated on a Tract or Parcel map.
WATER SERVICE AND USE RULES AND REGULATIONS No. 9
WATER SERVICE AND USE RULES AND REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/03 Page 14
9. ACCESS, INTERFERENCE, TAMPERING, AND THEFT
9.A CITY RIGHT OF ACCESS
The City shall have immediate and unhindered access, without notice, to and from a Customer’s Premises for any purpose reasonably connected with the furnishing of Water Services, including but not limited to the abatement of water waste, inspection, reading, testing, maintenance, removal, and replacement of City Equipment. The Water Utility and Municipal Services Division jointly and singly retain the authority to enforce these provisions.
When access is not immediate and unhindered, the City may issue citations with the following graduated levels: notice of denied access, warning of impending citation, citation, warning of impending civil/criminal action, or any other enforcement remedy provided for in the City Code. The City may require the Customer to provide, without cost to the City, a new approved location for equipment or to re-establish the immediate and unhindered access to the previously approved location.
9.B WORK OUTSIDE CITY’S OPERATING CONVENIENCE
When requested by the Customer, and where circumstances permit some flexibility in scheduling of necessary repairs or improvements, the City may at its sole option perform the work during other than normal City working hours for the increased convenience of the Customer, providing that the Customer acknowledges in writing, prior to the performance of said work, their willingness to pay for any costs incurred by the City as a result of performing said work at other than during normal City working hours.
9.C INTERFERENCE
Any person preventing or interfering with any City Employee in the lawful discharge of duties is subject to penalties, prosecution, and punishment.
9.D TAMPERING
To rearranging, bypassing, damaging, altering, breaking, preventing normal function of equipment in any way, or preventing access to Service Connection or other City owned facilities may be considered Tampering. It shall be unlawful for, and the City may immediately discontinue Water Service and bring a criminal action against, any person, firm, corporation or association that commits, authorizes, solicits, aids, abets or attempts to:
9.D.1 Change the intended course or path of Water Services without authorization from the City.
WATER SERVICE AND USE RULES AND REGULATIONS No. 9
9. ACCESS, INTERFERENCE, TAMPERING, AND THEFT (Continued)
WATER SERVICE AND USE RULES AND REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/03 Page 15
9.D.2 Make, or cause to be made, any connection or restoration with property owned or used by the City to provide Water Services.
9.D.3 Prevent any water meter, or other device used to determine the amount of water consumed by a Customer, from accurately performing its measuring function.
9.D.4 Tamper with, or otherwise access without permission from the City Water Utility, any property owned or used by the City to provide Water Services.
9.D.5 Use or receive the Water Service without consent of the City or payment of all lawful charges.
9.E FRAUD
The City may discontinue the Service Connection without notice if a Customer’s actions or the conditions of the Premises indicate the Customer’s intent to defraud the City.
9.F LIABILITY, PENALTY, PROSECUTION AND PUNISHMENT FOR
VIOLATION
9.F.1 Legal liability and responsibility, for violation of these Rules and Regulations, lies with the Customer of record and/or any additional recipient who benefits from the Water Service.
9.F.2 For violation of the Rules and Regulations set forth regarding interference, Tampering or theft, the City shall levy a charge set forth in the City of Santa Clara Municipal Fee Schedule, adopted by resolution of the City Council.
9.G CIVIL ACTION
In any civil action brought, the City may recover three times the amount of actual damages, plus the cost of the suit, reasonable attorney’s fees and any other amounts allowed by law. In addition, the City may bring an action to enjoin and restrain any violation of these Rules and Regulations.
WATER SERVICE AND USE RULES AND REGULATIONS No. 10
WATER SERVICE AND USE RULES AND REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/03 Page 16
10. TEMPORARY WATER SERVICE
Temporary water service, as herein considered, refers to service of a temporary nature or of questionable permanency. The City shall, if no undue hardships result therefrom, furnish temporary service under the following conditions:
10.A TIME LIMIT
Temporary Service Connections shall be disconnected and terminated within twelve (12) months after installation unless an extension of time is granted in writing by the City. (See Chapter 31, Article II of the City Code for rules and regulations concerning temporary service from fire hydrants.)
10.B CHARGE FOR WATER SERVED
Charges for water furnished through a temporary water Service Connection shall be at the established rates for regular Customers.
10.C INSTALLATION CHARGE AND DEPOSITS
The applicant for temporary service will be required:
10.C.1 To pay to the City in advance the estimated cost of installing and removing all facilities necessary to furnish such service, unless other arrangements are approved by the City Council. If service is supplied through a fire hydrant and hydrant meter, the applicant will be charged in accordance with the established rate schedule in effect at the time application is made.
10.C.2 To deposit with the Municipal Services Division an amount sufficient to cover bills for water during the entire period such temporary service may be used, and as set forth in the City’s Municipal Fee Schedule service deposits in effect at the time.
10.C.3 Nothing in these Rules and Regulations shall limit or affect the right of the City to collect from the Customer any other or additional sums of money which may become due and payable to the City from the Customer by reason of the Temporary Water Service furnished or to be furnished. The City may refuse Water Service if, in the judgment of the City, unsafe or hazardous conditions exist.
10.D REFUNDS
A refund of the Temporary Water Service deposit less applicable fees or charges will be applied to the Temporary Water Service closing bill. An Owner of a Premises, executive officer of corporation, or business, with an unpaid closing bill WATER SERVICE AND USE RULES AND REGULATIONS No. 10
10. TEMPORARY WATER SERVICE (Continued)
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City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/03 Page 17
can transfer the outstanding balance to any existing or future accounts without regard to Customer class.
10.E TEMPORARY WATER PERMIT
10.E.1 Any person or company desiring to use water drawn from a fire hydrant for the purpose of spraying, jetting or dust control or for any other reason must first obtain a temporary water permit by applying to the Water Utility. (See Section 17.E.)
10.E.2 It is specifically prohibited to operate the valve of any fire hydrant other than by the use of a spanner wrench designed for this purpose.
WATER SERVICE AND USE RULES AND REGULATIONS No. 11
WATER SERVICE AND USE RULES AND REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/03 Page 18
11. SHORTAGE OF SUPPLY AND INTERRUPTION OF DELIVERY
11.A The City will exercise reasonable diligence and care to furnish and deliver a continuous and sufficient supply of Water Services to the Customer, but does not guarantee continuity or sufficiency of supply. The City will not be liable for any damage resulting from the interruption, shortage, or insufficient supply of Water Services to the Customer.
11.B The City will have the right to suspend temporarily the delivery of Water Service whenever necessary to make repairs or improvements to its system. Reasonable notice, as circumstances permit, will be given to the Customers, and the repairs or improvements will be completed as rapidly as possible during normal City working hours, and where possible, with the least inconvenience to the Customers.
11.C If a shortage of supply occurs, the City will make an apportionment of the available supply of water among Customers as ordered or directed by the City Council. In the absence of an order or direction by the City Council, the City Manager will apportion the available supply of water among Customers in a reasonable manner.
WATER SERVICE AND USE RULES AND REGULATIONS No. 12
WATER SERVICE AND USE RULES AND REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/03 Page 19
12. DESCRIPTION OF STANDARD WATER SERVICE
12.A NUMBER OF SERVICES TO SEPARATE PREMISES
Separate Premises under single control or management shall normally be supplied through a single Service Connection. The Customer may request separate individual services, whereupon the City shall evaluate Customer’s request and, at City’s option, may provide separate services.
12.B SERVICE TO MULTIPLE UNITS
Separate residential houses, apartments or other multi-family accommodations, or business establishments on the same Premises or on adjoining Premises under a single control or management may be served by either of the following methods, at the option of the City, taking into consideration the Customer’s preference:
12.B.1 Through a single metered Service Connection to the entire Premises, as provided in Rate Schedule.
12.B.2 Through separate metered Service Connections to each or any group of units, provided that the system from each service is independent and not interconnected with any others.
12.C SINGLE METER SERVICE TO MULTIPLE TENANTS/UNITS
When separate domestic and/or commercial services are served on the same Premises through a single-metered Service Connection, the Owner may resell water to tenants of the Premises at rates identical with the rates of the City that would apply if that Water Service was supplied to the individual tenants or units directly by the City, regardless of the rate the Owner is charged, provided the Owner complies with either 12.C.1(a) or 12.C.1(b). Within thirty (30) days upon written request by the City, the Owner must submit four (4) consecutive quarterly water billing summaries to the City for compliance auditing purpose.:
12.C.1(a) Water is separately metered to the individual tenants or units.
12.C.1(b) Water is not separately metered. The Owner shall be responsible for purchase of all water used for landscape irrigation and other common area uses. The tenants shall receive separate bills for the water used by the tenants alone without any incremental charges (service or handling) billed to tenants’ accounts. For residential accounts, the charge to the tenants for water shall be derived from a consistent formula for allocation that includes the number of individuals in each household (e.g., 100% occupancy or 50% occupancy and 50% square footage). For non-residential master-metered accounts, the amount allocated to each tenant shall be consistently calculated based on a formula that includes a WATER SERVICE AND USE RULES AND REGULATIONS No. 12
12. DESCRIPTION OF STANDARD WATER SERVICE (Continued)
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Latest Revision: 11/3/03 Page 20
reasonable standard for water use at each business type and square footage of each tenant’s unit.
12.C.2 The charge to the tenants for such water is absorbed in the rental charges for that individual tenant or unit with no separate identifiable charge for water, and the rent does not vary with water consumption.
12.C.3 If water is resold otherwise than provided for above, the City may Discontinue service to the Owner, or furnish water directly to the individual tenants or units through separate meters installed at the sole cost of the Owner.
12.C.4 The responsibility for payment for all Water Services furnished to individual tenants or units on the same Premises, under these Rules and Regulations and supplied through a single Service Connection, shall be the obligation of the Owner. It shall further be the responsibility of the Owner to inform individual tenants or units of the method of metering Water Services. The City will have no contractual relationship with tenants of individual units, where a Customer receives service through a single metered connection, nor a relationship created by payments made directly to the City on behalf of the Owner by tenants or other third parties.
12.C.5 As a condition of service for single metered service, the Owner has agreed to be governed by the applicable City Rules and Regulations. As a further condition of service for single metered service, the Owner has agreed that the City may inspect and examine the Owner’s billing procedures from time to time to determine that such service is made in accordance with these Rules and Regulations, or as otherwise may be authorized by the City.
WATER SERVICE AND USE RULES AND REGULATIONS No. 13
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City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/03 Page 21
13. RESPONSIBILITY FOR EQUIPMENT AND PROTECTIVE
DEVICES
13.A RESPONSIBILITY FOR EQUIPMENT
13.A.1 The Customer shall, at the Customer’s risk and expense, furnish, install and keep in good and safe condition equipment and suitable housings that may be required for receiving, controlling, applying and utilizing water, regardless of the location of the meters, or other City Equipment, and the City shall not be responsible or liable for any loss or damage caused by the improper installation of such water equipment, or the negligence, want of proper care or wrongful act of the Customer or of any of the Customer’s tenants, agents, employees, contractors, licensees or permitees in installing, maintaining, using, operating, Tampering, or interfering with such equipment. The City shall not be responsible or liable for damage to Customer’s property and/or equipment, either when the water is turned on originally or when turned on after a temporary shutdown, during normal operating conditions, times of local or system trouble and/or after Restoration. The City shall not be responsible or liable for damage to, or the failure of, any component of the Customer’s equipment due to a defect in Customer’s equipment or failure to maintain adequate protection as described in these Rules and Regulations.
13.A.2 The Customer shall exercise reasonable care to prevent City Equipment on the Customer’s Premises from being Tampered or interfered with, damaged, or destroyed. The Customer shall be liable for damage to City Equipment arising from negligence, want of proper care, or wrongful act of the Customer or Customer’s tenants, agents, employees or contractors. If any defect is discovered by the Customer, the Customer shall promptly notify the City.
13.B PROTECTIVE DEVICES
13.B.1 It is the Customer’s responsibility to furnish, install, inspect and keep in good and safe condition at that Customer’s own risk and expense, all appropriate protective devices of any kind or character, which may be required to properly protect the Customer’s facilities and equipment from any event caused without negligence by the City or from any event caused by another Customer. The City is not responsible or liable for any loss or damage occasioned or caused by the negligence, or wrongful act of the Customer, or of any of that person’s agents, employees or licensees in omitting, installing, maintaining, using, operating or interfering with any such protective devices.
WATER SERVICE AND USE RULES AND REGULATIONS No. 13
13. RESPONSIBILITY FOR EQUIPMENT AND PROTECTIVE DEVICES (Continued)
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Latest Revision: 11/3/03 Page 22
13.B.2 It is the Customer’s responsibility to select and install such protective devices as may be necessary to coordinate properly with the City’s protective devices to avoid exposing other Customers to unnecessary water service interruptions. Failure to provide appropriate protective devices or to properly coordinate said equipment with the City’s protective devices may result in discontinuance of Water Service.
WATER SERVICE AND USE RULES AND REGULATIONS No. 14
WATER SERVICE AND USE RULES AND REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/03 Page 23
14. SERVICE CONNECTIONS AND METERS
14.A SERVICE CONNECTIONS
Water Service Connections will be installed in the size and at the location desired by the applicant where such requests are reasonable. Service Connections will be made only to property abutting on public streets or to such distribution Mains as may be constructed in alleys or rights-of-way at the convenience of the City.
Service Connections installed in the new subdivisions prior to the construction of streets or in advance of street improvements must be accepted by the applicant in the installed location. Charges for new Service Connections are payable in advance and shall be in accordance with applicable sections of the Code.
14.B METERS
14.B.1 When an authorized service entrance has been established, meters will normally be furnished and installed between the curb and the property line. The charges for meters shall be in accordance with applicable sections of the Code.
14.B.2 No rent, or other charge, will be paid by the City for a meter or other facility, including housing and connections, located on a Customer’s Premises.
14.B.3 All meters will be sealed by the City at the time of installation, and no seal shall be Tampered with or broken by the Customer at any time thereafter.
14.B.4 The City reserves the right to meter any and all services and to apply the established metered rates to the quantity of water measured by them.
14.C CHANGES IN LOCATION OF METERS AND SERVICE CONNECTIONS Meters or services moved for the convenience of the Customer will be relocated at the Customer’s expense. Meters or services moved to protect the City’s property will be moved at the City’s expense.
14.D CHANGES IN SIZE OF METER
Upon request of a Customer, the size of an existing meter may be changed. Charges for meter changes shall be made by applying the rates shown in the Code to the applicable situation as follows:
WATER SERVICE AND USE RULES AND REGULATIONS No. 14
14. SERVICE CONNECTIONS AND METERS (Continued)
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14.D.1 When an existing meter is replaced in size by a larger meter, the Customer shall be given a credit for the rate established for the existing meter. Said credit shall be applied against the rate established for the larger meter, and the differential cost shall be paid to the City by the Customer.
14.D.2 When an existing meter is replaced in size by a smaller meter, the Customer shall be given a credit for 70% of the rate established for the existing meter. Said credit shall be applied against the rate established for the smaller meter and the differential cost, if any, shall be paid to the City or refunded to the Customer as the case may be.
14.E OWNERSHIP
The Service Connection, whether located on public rights-of-way or easements through private property, is the property of the City, and the City reserves the right to repair, replace and maintain it, as well as to remove it upon discontinuance of service.
14.F MAINTENANCE
The Service Connection, including the meter and the meter box, will be repaired and maintained by the City at its expense except for damages as set forth in Section
13. The City is not responsible for the installation and/or maintenance of water lines beyond the end of its Service Connections and/or meter.
14.G SPLIT SERVICE CONNECTIONS
The City, in several locations, has installed in residential subdivisions two meters on a common service, known as a “split service.” In the event that a Customer wishes a single service to replace the split service, the charges will be in accordance with the City Code for a new 1" service including street opening fees.
WATER SERVICE AND USE RULES AND REGULATIONS No. 15
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City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/03 Page 25
15. MAIN EXTENSIONS
15.A EXTENSIONS
Main extensions and Service Connections for Applicants, sub-dividers or property developers shall be made in accordance with the applicable provisions of the Code.
15.B RIGHT TO CHANGE POLICY
It is understood that the policy stated herein may be changed by the City Council at such time or times as it may deem advisable or necessary. In no instance is this policy to apply retroactively to any subdivision, development, or Service Connection previously approved by the City Council and for which an agreement covering Water Service has been executed.
WATER SERVICE AND USE RULES AND REGULATIONS No. 16
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City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/03 Page 26
16. AUTOMATIC FIRE SERVICE
16.A PURPOSE
An automatic fire Service Connection of 4" diameter or larger, up to the size of the connected Main, will be furnished only if adequate provision is made to prevent the use of water from such Service Connection for purposes other than fire extinguishing.
16.B REQUEST AND APPLICATION
16.B.1 All requests for automatic fire Service Connection shall be referred to the Water Utility.
16.B.2 A location map with a job title and the date the service is needed shall accompany each request.
16.B.3 The contractor or Owner shall make application for the fire service at the Utilities Office.
16.C INSTALLATION CHARGES
The applicant will be required to make payment of the fees as specified in the Code for the automatic fire service in advance of installing the Service Connection.
16.D QUANTITATIVE CHARGES
16.D.1 Water for Fires
No charge will be made for water used to extinguish fires.
16.D.2 Water for Fire Storage Tanks
Occasionally water may be obtained from an automatic sprinkler service for filling a storage tank connected with fire service, but only if written permission is secured from the Water Utility in advance and an approved means of measurement is available. The rates for general use will be applied.
16.D.3 Other
Water lost through leakage or in unauthorized testing or used in violation of these Rules and Regulations shall result in an imposition of regular Water Service rates on the fire service account for a minimum of three billing cycles or longer, until such time as illicit use of water through the fire Service Connection is discontinued.
WATER SERVICE AND USE RULES AND REGULATIONS No. 16
16. AUTOMATIC FIRE SERVICE (Continued)
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Latest Revision: 11/3/03 Page 27
16.E VIOLATION OF AGREEMENT
If water is used from a fire service in violation of the agreement or of these Rules and Regulations, the City may, at its option, discontinue and remove the service.
16.F OWNERSHIP OF CONNECTION
The Service Connection and all equipment appurtenant thereto shall be the sole property of the City, and no part of the cost thereof will be refunded to the applicant.
16.G PRESSURE AND SUPPLY
The City assumes no responsibility for loss or damage because of lack of water or pressure and merely agrees to attempt to furnish such quantities and pressures as are available in its general distribution system. The service is subject to shutdowns and variations required by the operation of the system or due to accidents beyond the ability of the City to control.
16.H RATES
Monthly charges furnished for automatic fire sprinkler service shall be at the established rates.
WATER SERVICE AND USE RULES AND REGULATIONS No. 17
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Latest Revision: 11/3/03 Page 28
17. FIRE HYDRANTS
17.A USE OF AND DAMAGE TO FIRE HYDRANTS
No person or persons, other than those designated and authorized by proper authority, shall open any fire hydrant, attempt to draw water from it or in any manner damage or Tamper with it. Any violation of this regulation is punishable by law, and in accordance with City Code.
17.B INSTALLATION OF FACILITIES ON PRIVATE PROPERTY
Fire hydrants and other facilities will be installed for use on private Premises by the City under agreement entered into by the parties concerned and the City.
17.C MARKING OR COLOR CODING OF HYDRANTS
17.C.1 Public Hydrants
All public hydrants including, but not limited to, hydrants which are municipally installed, operated, controlled and maintained shall have white barrels or bodies with the color coding, marking, or stenciling as required by the State Fire Marshal.
17.C.2 Private Hydrants
All private hydrants shall have the barrel, top, and nozzle caps painted “safety yellow” to distinguish them from public hydrants.
17.D MODIFICATION OR RELOCATION OF FIRE HYDRANTS
If a property Owner, or other party of a developed or redeveloped Premises, desires a change in the size, type or location of an existing fire hydrant, said Owner or other party shall bear all costs of such changes, without refund. If a fire hydrant is installed by the City which precedes the development of the Premises and the location of said fire hydrant interferes with the development of the Premises, the City, at its sole expense, shall move the existing fire hydrant to a new location on the Premises. Any change in the location of a fire hydrant must be approved by the Fire Chief.
WATER SERVICE AND USE RULES AND REGULATIONS No. 17
17. FIRE HYDRANTS (Continued)
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Latest Revision: 11/3/03 Page 29
17.E WATER FROM FIRE HYDRANTS
17.E.1 Permit to Extract Water Required
It shall be unlawful for any person to take water from any City fire hydrant, except the City Fire Department, without first obtaining a permit and complying with the regulations contained in these Rules and Regulations.
17.E.2 Application; Issuance and Deposit
After application to and approval of the Water Utility, permits required by the preceding section will be issued by the Municipal Services Division Office upon application and payment of a deposit, a portion of which is non-refundable. (The refundable portion of a deposit is not normally required of other public agencies or utilities.)
17.E.3 Denial or Revocation
The City shall have the right to refuse or revoke any permit issued pursuant to these Rules and Regulations when the use of same results in surging or pressure complaints due to careless operation of the fire hydrant valve or for any other cause.
17.E.4 Issuance of Equipment; Manner of Extracting Water; Water Meters Generally
The applicant filing for a permit under the preceding section shall then report to the Water and Sewer Utilities corporation yard, where a portable water meter with hose adapter for connection to the City fire hydrants and a spanner wrench will be issued. No other equipment, tools or accessories shall be furnished by the City. All water used must be taken through the water meter. The permittee shall notify the Santa Clara Fire Department upon the issuance of the water meter and before the use of the hydrants. The water meter shall be immediately removed and disconnected from the fire hydrant after hydrant use has concluded.
The permittee shall notify the Santa Clara Fire Department at the time the hydrant is no longer being used.
17.E.5 Reading of Water Meters and Rendering of Accounts; Water Drawn for Use Outside City
17.E.5.(a) Meters provided for in the preceding section shall be read monthly. The meter reading can be performed during working hours at the Water and Sewer Utilities corporation yard, between WATER SERVICE AND USE RULES AND REGULATIONS No. 17
17. FIRE HYDRANTS (Continued)
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City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/03 Page 30
the twenty-fifth and the last day of each month. Or the meter reading can be recorded on a card issued with the meter and mailed to the Municipal Services Division Office by the twentieth of each month.
17.E.5.(b) Accounts whose meters are not read during this period shall be billed the monthly minimum for a three inch (3”) meter and this amount shall not be applicable as payment toward water used, either previously or thereafter. In addition to the monthly minimum, the permittee remains responsible for the full amount of water actually used. Accounts shall be billed monthly for water used at the rates established therefore by the City. Water drawn for use in projects outside the City shall be billed and paid for at one and one-half times the established City rates.
17.E.6 Return of Equipment to City; Final Billing, etc.
When water is no longer required, the water meter and other equipment shall be returned to the Water and Sewer Utilities corporation yard and checked in. The deposit, less the cost of any damage to the meter or hydrant that was used and less the final billing on water usage, shall be returned to the permittee.
17.E.7 Additional Penalty for Violation of Article; Duties of Director of Water and Sewer Utilities
In addition to the penalty provided in the City Code, any person violating any provision of the article may be required to pay two times the rate for the water taken, based on an estimate of the quantity of water taken. Such estimate shall be made by the Director of Water and Sewer Utilities.
WATER SERVICE AND USE RULES AND REGULATIONS No. 18
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Latest Revision: 11/3/03 Page 31
18. POOLS AND TANKS
18.A When an abnormally large quantity of water is desired for filling a swimming pool or for other purposes, arrangements may be required prior to taking such water.
Permission to take water in unusual quantities will be given only if it can be safely delivered through the City’s facilities, if other Customers are not inconvenienced, and if there is no mandatory water rationing in effect at the time of the request. All water used shall be metered and billed for in accordance with prevailing rate schedules.
WATER SERVICE AND USE RULES AND REGULATIONS No. 19
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Latest Revision: 11/3/03 Page 32
19. CONTROL VALVES
19.A The Customer shall install a suitable square or a tee head stop on the riser to the building (or, for multiple buildings, as close to the meter location as practicable) which will operate to control the entire water supply from the Service Connection.
19.B Operation by the Customer of the curb stop in the meter box is not permitted except in extreme emergencies. Should the Customer damage the curb stop, they shall reimburse the City for any and all cost of repair or replacement.
WATER SERVICE AND USE RULES AND REGULATIONS No. 20
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City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/03 Page 33
20. CROSS CONNECTIONS
20.A HEALTH REGULATIONS
Regulations of the California State Department of Public Health and the Drinking Water Standards of the United States Public Health Service prohibit unprotected Cross Connections between the public water supply and any unapproved source of water.
20.B CITY REQUIREMENTS
Backflow Prevention Devices shall be required at the Service Connection or at a location approved by the City for Premises receiving water from the City and falling in one or more of the following categories:
20.B.1 Premises having an auxiliary water supply;
20.B.2 Premises on which any substance is handled under pressure in such a fashion as to permit possible entry into the City’s water distribution system, including water originating in the City’s system that is then boosted in pressure;
20.B.3 Premises where the Customer’s system has more than one Service Connection coming from different streets, or having internal CrossConnections that cannot be permanently corrected to meet State and local standards;
20.B.4 Premises and/or Customer’s systems where, in the opinion of the City or its representative, there is the potential for pollution or contamination of the City water system in the event of Backflow or back-siphonage.
20.B.5 Premises receiving Water Service other than from the City are exempt from the requirements until they receive Water Service from the City.
20.C APPROVED BACKFLOW PREVENTION DEVICES
Only approved Backflow Prevention Devices will be accepted. An approved device is any device that has been manufactured and installed in full conformance with the standards established by the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California and that has received the approval of the City for use in Santa Clara.
20.D PLUMBING CHANGES REQUIRED
In special circumstances, when the Customer is engaged in the handling of especially dangerous or corrosive liquids or industrial or process waters, the City may require the Customer to eliminate certain plumbing or piping connections as an additional precaution and protection to the Backflow preventive devices. In making the required plumbing connections, the Customer shall comply with local or state plumbing ordinances and codes.
WATER SERVICE AND USE RULES AND REGULATIONS No. 20
20. CROSS CONNECTIONS (Continued)
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20.E RELIEF VALVE REQUIRED
Suitable pressure relief valves shall be installed and maintained by the Owner in accordance with the requirements of local or state plumbing codes and ordinances.
20.F BACKFLOW PROTECTION ON ADDITIONAL WATER SUPPLY LINES Whenever Backflow protection has been found necessary on a water supply line entering a Customer’s Premises, then any and all water supply lines from the City’s Main entering such Premises, buildings or structures shall be protected by an approved Backflow device unless Director of Water and Sewer Utilities determines otherwise.
20.G INSPECTION OF BACKFLOW PREVENTION DEVICES
The City will be responsible for inspecting and testing all Backflow Prevention Devices, as well as making any necessary repairs identified through inspection and testing. Inspection and testing will be done on at least an annual basis. Fees for this service will be established from time to time.
20.H INSTALLATION OF BACKFLOW PREVENTION DEVICES
20.H.1 New Service Connections. At the time an application for a new service is made by a potential Customer, in accordance with City’s policies and regulations, the City will review said application to determine the need for a Backflow Prevention Device on the Customer’s service. If Backflow prevention is determined to be required, the Customer shall pay the City in advance in accordance with City’s established installation fee schedule.
20.H.2 Existing Service Connections without Backflow Prevention Devices.
The City will inspect, from time to time, the Premises of existing Service Connections that, in the opinion of the City or its representative, may require Backflow prevention. If it is determined that a Backflow Prevention Device is required, such determination by the City shall be final, and the installation of a Backflow Prevention Device shall be a condition of continued Water Service.
20.H.3 The City will install the Backflow Prevention Device and charge the Customer the entire cost of the device and its installation. If, in the opinion of the City there was no change in the land use from when the Water Service was first installed, the City may absorb the entire installation cost.
WATER SERVICE AND USE RULES AND REGULATIONS No. 20
20. CROSS CONNECTIONS (Continued)
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20.H.4 Upgrading the existing Backflow Prevention Device. An existing Backflow Prevention Device that, in the opinion of the City, does not provide adequate protection, shall be upgraded at the Customer’s expense following the procedures in subparagraph 2 above. Upgrading may include repair, complete replacement of the Backflow Prevention Device, or correction on-site or cross-connection hazards.
20.I INSTALLATION OF FACILITIES ON PRIVATE PROPERTY
Backflow Prevention Devices may be installed on private Premises by the City under agreement entered into by the Customer and the City.
20.J REMOVAL OR MODIFICATION OF BACKFLOW PREVENTION
DEVICES
Backflow Prevention Devices shall not be removed or modified by the water user unless approved in advance by the City.
20.K DISCONTINUANCE OF SERVICE FOR DEFECTIVE APPARATUS
The service of water to any Premises may be immediately discontinued by the City if defects are found in any protective device installation, or if it is found that unprotected Cross-Connections exist. Service will not be restored until necessary corrections are made.
WATER SERVICE AND USE RULES AND REGULATIONS No. 20
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Latest Revision: 11/3/03 Page 36
21. RECYCLED WATER USE
Certain uses of Recycled Water are permitted by the State of California. The requirements for such use are defined by CCR, Title 22, Division 4, of the California Administrative Code. The use of Recycled Water within the City is further defined under a permit issued by the California Regional Water Quality Control Board. Wherever the City Rules and Regulations are inconsistent or in conflict with the requirements of Title 22 or of the RWQCB permit, these Rules and Regulations shall be subordinate.
Since codes, laws, statutes and regulations can change without prior approval or knowledge of the City or South Bay Water Recycling (Program), the City, Program or Water Utility do not assume any liability for errors in this document. It is the responsibility of the Customer to check with the Program before initiating any operational or physical changes to the Recycled Water system.
21.A ABBREVIATIONS
Abbreviations used throughout Sections 21, 22 and 23 are listed below for reference.
Definitions for terms are listed in Section 21.B (below).
AG: Air Gap
AWWA: American Water Works Association
County EHS: County of Santa Clara Environment Health Services DC Assembly: Double Check Backflow Prevention Assembly
Program: South Bay Water Recycling Program, administered by City of San Jose for the San Jose - Santa Clara Water Pollution Control Plant RP Device: Reduced Pressure Principal Backflow Prevention Device State DHS: State of California Department of Health Services, Drinking Water Field Operations Branch - Monterey District
State RWQCB: California Regional Water Quality Control Board WATER SERVICE AND USE RULES AND REGULATIONS No. 21
21. RECYCLED WATER USE (Continued)
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Latest Revision: 11/3/03 Page 37
21.B DEFINITIONS
Whenever the following terms, or pronouns used in their place, occur in Sections 21, 22 or 23 herein, the intent and meaning shall be interpreted as follows:
Air Gap: A physical separation between the free flowing discharge end of a water supply pipeline and an open or non-pressure receiving vessel. An approved air gap shall be at least twice the diameter of the water supply pipe measured vertically above the overflow rim of the vessel (in any case, no less than one inch).
Applicant: Any entity that applies for Recycled Water Service under terms of the appropriate regulations. The approved Customer may be a different party than the Applicant, but must be specified in the Recycled Water Use License.
Application for Recycled Water Services: An agreement issued by the Water Utility to a Recycled Water Service Applicant after the satisfactory completion of the service application procedures. This Agreement forms a service agreement between the Customer and the Water Utility that legally binds the Customer to all conditions stated in the Agreement and all applicable Regulatory Agency requirements.
Approved Backflow Prevention Assembly: A device approved by the State of California which is installed to protect any water supply (recycled, potable, Public, private, or on-site) from contamination through Backflow of a substance containing a potential hazard.
Approved Use: An application of Recycled Water in a manner, and for a purpose, designated in a Recycled Water Use License issued by the Program and in compliance with all applicable Regulatory Agency requirements.
Approved Use Area: A site with well-defined boundaries, designated on the approved On-Site Recycled Water Service Plans, to receive Recycled Water for an approved use and acknowledged by all applicable Regulatory Agencies.
Cross Connection: A physical connection between any part of a water system used or intended to supply water for drinking purposes and any source or system containing water or substance that is not or cannot be approved as safe, wholesome and potable for human consumption. This includes direct piping between the two systems, regardless of the presence of valves, Backflow Prevention Devices, or other appurtenances.
Customer: Any person, persons or firm including any Public utility, municipality or other Public body or institution issued a Recycled Water Use License by the Program. The Customer may be the Owner, tenant, or property manager as WATER SERVICE AND USE RULES AND REGULATIONS No. 21
21. RECYCLED WATER USE (Continued)
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appropriate. The City’s Rules and Regulations for the Use of Recycled Water apply to all Customers located within the City’s boundaries.
Customer Supervisor: The Customer shall designate a Customer Supervisor with the approval of the Program to provide a liaison with the Program, the City, and Water Utility. This person shall be available to the Program at all times, shall have the authority to carry out any requirements of the Water Utility, the City and the Program, and shall be responsible for the installation, operation and maintenance of the Recycled and Potable Water systems and also prevention of potential hazards.
Infiltration Rate: The rate at which the soil will accept water as applied during irrigation, expressed in inches per hour.
Inspector: Any person authorized by the Water Utility, the City, the Program or the local health agencies to perform inspections on or off the Customer’s site before construction, during construction, after construction and during operation.
Intermittently Pressurized Line: Any irrigation piping downstream of the last valve.
Irrigation Period: The time, from start of water flow to cessation, which a specific area receives Recycled Water by direct irrigation application, no matter how often the specific area is irrigated, e.g., length of the duty cycle.
Irrigation Use: An approved use of Recycled Water for landscape irrigation as defined under the California Code of Regulations [“CCR”], Title 22, Division 4, Article 4.
Landscape Impoundment: A body of recycled used for aesthetic enjoyment or which otherwise serves a function not intended to include routine Public contact.
Non-Potable Water: Water that has not been treated for human consumption in conformance with the latest edition of the United States Public Health Service Drinking Water Standards, the California Safe Drinking Water Act, or any other applicable standards.
Off-Site: Designates or relates to Recycled Water facilities up to and including the water meter.
On-Site: Designates or relates to facilities owned and operated by a Customer.
Operations Personnel: Any employee of a Customer, whether permanent or temporary, or any contracted worker whose regular or assigned work involves the supervision, operation or maintenance of equipment on any portion of On-Site facilities using Recycled Water.
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Operator: Any person, persons or firm, who, by entering into an agreement with a Customer, is responsible for operating On-Site facilities.
Owner: Any holder of legal title, contract purchaser, or lessee under a lease with an unexpired term of more than one (1) year, for property for which Recycled Water Service has been requested or established.
Point of Connection: This is the point where the Customer’s system ties to the Water Utility’s system. This is usually at the water meter at the Service Connection.
Ponding: Retention of Recycled Water on the surface of the ground or other natural or manmade surface for a period following the cessation of an approved Recycled Water use activity.
Potable Water: That water that is pure and wholesome, does not endanger the lives or health of human beings, and conforms to the latest edition of the California Safe Drinking Water Act, or other applicable standards. Potable Water includes potable fire service without an approved Backflow prevention assembly.
Public: Any person or persons at large who may come in contact with facilities and/or areas where Recycled Water is approved for use.
Rate and Fee Schedule: The schedule of all rates, charges, fees and assessments to be made concerning the use of Recycled Water served by the Water Utility as approved or as amended by the City Council.
Recycled Water: Non-Potable Water that is highly treated to the CCR, Title 22, Division 4, of the Environmental Health Water Reclamation Criteria and used for approved purposes other than drinking water.
Recycled Water Use License: A license issued by the Program to the Customer, which outlines monitoring, self-inspection, reporting, and site-specific requirements. This license is required by the California RWQCB for the use of Recycled Water.
Reduced Pressure Principal Backflow Prevention Device: A type of Backflow Prevention Device, usually installed near a water meter, which prevents Backflow by a combination of two check valves and a pressure differential relief valve.
Regulatory Agencies: Those Public agencies legally constituted to protect the Public health and water quality, such as the State DHS, the State RWQCB and the County EHS.
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Restrained Joint: Mechanically restrained pipe joint; also, solvent welded for PVC joints.
Runoff: When Recycled Water is allowed to drain outside the approved irrigation area.
Santa Clara County Environmental Health Services: This agency is the local health protection agency for most areas of Santa Clara County.
Service: The furnishing of Potable or Recycled Water to a Customer through a metered connection to the on-site facilities.
Standard Pipe Length: 18 to 20 feet.
State of California Department of Health Services. Shall be the State of California Department of Health Services, Drinking Water Field Operations Branch - Santa Clara District.
Unauthorized Discharge: Any release of Recycled Water that violates the Rules and Regulations of the Water Utility, the City, the Program or any applicable Federal, State or local statutes, regulations, ordinances, contracts or other requirements.
Violation: Non-compliance with any condition or conditions of the User Agreement by any person, action or occurrence, whether willfully or by accident.
Water Utility: The Water Utility and the City are one and the same.
Windblown Spray: Dispersed, airborne particles of Recycled Water that can be transmitted through the air to locations other than those approved for the direct application of Recycled Water.
21.C SUMMARY OF ON-SITE INSTALLATION REQUIREMENTS
21.C.1 On-Site installation requirements are described in detail in the Program’s Rules and Regulations for Design and Operation of On-Site Recycled Water Facilities. However, the following is a summary of the basic requirements:
21.C.2 No Cross-Connections. No Cross-Connections are allowed between the Recycled Water system and the potable water system.
21.C.3 Backflow Preventers. In order to protect the Public drinking water system from accidental Cross-Connections, a reduced pressure principal Backflow Prevention Device is required at all potable meters on a site WATER SERVICE AND USE RULES AND REGULATIONS No. 21
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where Recycled Water is present.
In most cases, Backflow Prevention Devices are not required on the Recycled Water Service. However, where there is a particular threat to the quality of the Recycled Water, such as a direct connection to an industrial process or an impoundment of water, the Program may require a Backflow Prevention Device on the Recycled Water Service.
21.C.4 No Hose Bibs. Generally, hose bibs are not allowed on the Recycled Water system. In most cases, hose bibs can be replaced by quick coupling valves.
21.C.5 No Runoff. The irrigation system must be configured and operated to prevent runoff outside the Approved Use Area (the boundaries of the site).
21.C.6 No Ponding. The irrigation system must be configured and operated so that Ponding does not occur. This does not apply to approved and intended impoundments.
21.C.7 No Windblown Spray. The irrigation system must be configured and operated to prevent Windblown Spray from passing outside the approved area.
21.C.8 Pipe Identification. All new Recycled Water piping below or above grade and all existing piping above grade must be labeled with purple tape with the imprinted words “CAUTION - RECYCLED WATER”.
Purple colored pipe with the required wording is an acceptable alternative.
21.C.9 New above grade Potable Water piping used for drinking water systems must also be labeled with blue tape and the words “POTABLE WATER.”
21.C.10 Horizontal Pipe Separation. Where possible, a minimum horizontal separation of ten feet between parallel buried Recycled and Potable Water pipelines should be maintained. If a ten foot horizontal separation cannot be maintained, then four foot minimum separation is allowed with Restrained Joint pipe. In no case shall a horizontal separation of less than four feet or same trench construction be allowed.
21.C.11 Vertical Pipe Separation. Recycled Water constant water pressure pipelines must be a minimum of 12 inches below the Potable Water pipelines. Recycled Water constant pressure pipelines are allowed over potable pipelines with a minimum of 12 inches vertical separation if a WATER SERVICE AND USE RULES AND REGULATIONS No. 21
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full standard pipe length is centered over the crossing, or the recycled pipeline is sleeved for the same length. Intermittently pressurized Recycled Water pipelines are allowed over potable pipelines with a minimum of 12 inches vertical separation.
21.C.12 Signs. Signs must be posted in conspicuous areas On-Site which contain the words “RECYCLED WATER - DO NOT DRINK - NO
TOMAR” indicating that Recycled Water is used for irrigation (or other) purposes. Generally, signs must be located at all entrances to the facility or use area.
21.C.13 Warning Tags, Stickers and Labels. All valve boxes (automatic and manual), quick couplers, Recycled Water storage tanks, air/vacuum relief valves, pressure reducing valves, pumps, Backflow Prevention Devices, system controller boxes, or other appurtenances on the Recycled Water system must be labeled with warning tags, stickers or other labels. The labels, tags or stickers must include the words “RECYCLED WATER - DO NOT DRINK - NO TOMAR” on a purple
background.
21.C.14 On-Site (Land) Observation Reports. At least once a year the site must be inspected for the items listed below while the system is in use.
The observations must be submitted to the Program on a report form.
The Customer may be required to perform this inspection, or, in some cases, the Program may perform the inspection. The items for the inspection are as follows:
21.C.14.(a) Is there evidence of runoff of Recycled Water from the site? Show affected area on a sketch and estimate volume.
21.C.14.(b) Is there an odor of wastewater origin at the irrigation site? If yes, indicate apparent source, characterization, direction of travel, and any Public use areas or Off-Site facilities affected by the odors.
21.C.14.(c) Is there evidence of Ponding of Recycled Water, and/or evidence of mosquitoes breeding within the irrigation due to ponded water?
21.C.14.(d) Are warning signs, tags, stickers, and above ground pipe markings properly posted to inform the Public that irrigation water is Recycled Water, which is not suitable for drinking?
21.C.14.(e) Is there evidence of leaks or breaks in the irrigation system piping or tubing?
21.C.14.(f) Is there evidence of broken or otherwise faulty drip irrigation system emitters or spray irrigation sprinklers?
21.C.14.(g) What corrective actions are being taken to correct any problems noted above?
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21.C.15 The Customer may also be required to conduct a visual inspection of the system during the off-season. Specific requirements will be included in the Recycled Water Use License.
21.C.16 Emergency Cross-Connection Response Plan. If a Cross-Connection or Backflow incident occurs between the Potable and Non-Potable Water systems, an emergency response plan must be implemented.
21.D FEES AND LICENSE
21.D.1 Recycled Water Use License. The State RWQCB requires that a Recycled Water Use License be issued by the Program to all Recycled Water Customers within the Program area. The Recycled Water Use License indicates any special site-specific requirements in addition to the requirements specified in this document. The Application for a Recycled Water Use License is submitted to the City or the Program with the On-Site Recycled Water Service Plans. The Program processes the application and issues a Recycled Water Use License with final approval for the use of Recycled Water at the site. The Applicant is responsible to obtain all necessary permits and pay all associated fees.
The Applicant should contact the City for information on the cost of permits.
21.D.2 Application for Recycled Water Services. The Water Utility also requires an Application for Recycled Water Service, similar to application for potable Water Service.
21.E THE CITY AS THE LOCAL AUTHORITY
21.E.1 The City is the entity that has the responsibility of enforcing these Rules and Regulations for the end use of Recycled Water. The City has authority to issue plumbing permits, building requirements, and planning criteria.
21.E.2 The Rules and Regulations enforced by the City are derived from those established by the State RWQCB, the State DHS, County EHS, the Program and the City. These Rules and Regulations govern certain permitted uses of Recycled Water. All facilities using Recycled Water shall be designed and operated to meet the standards of the local governing codes, rules and regulations.
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21.F AUTHORIZED USES FOR RECYCLED WATER
The uses of Recycled Water may include, but not by way of limitation: landscape irrigation; agricultural irrigation; construction water; industrial process water; water for flushing toilets and urinals in high-rise buildings; replacement water in cooling towers; and recreational impoundments. Each such use must be considered for approval by the City on a case-by-case basis, and the City may determine in its discretion whether it is necessary or desirable to furnish Recycled Water for the specific use involved. Determinations as to specific uses to be allowed shall be in accordance with the standards of treatment and water quality requirements set forth in CCR, Title 22, Division 4, of the California Administrative Code. Prior to approving such uses, the City may, in its discretion, set forth specific requirements as conditions to providing such services and/or require specific prior approval from the appropriate Regulatory Agencies.
21.G NON-APPROVED USE AREAS
21.G.1 Runoff Conditions. The irrigation systems shall be designed, constructed and operated to prevent runoff outside the Approved Use Area.
21.G.2 Ponding Conditions. The irrigation systems shall be designed, constructed and operated to minimize Ponding outside or within the Approved Use Area. This does not apply to approved impoundments such as decorative water features, golf course water-hazards or lakes. At no time shall Recycled Water be applied at a rate greater than the soil infiltration rate.
21.G.3 Windblown Spray Conditions. The irrigation systems shall be designed, constructed and operated to minimize Windblown Spray from passing outside the Approved Use Area.
21.G.4 Unapproved Uses. Use of Recycled Water for any purposes other than those explicitly approved by the Water Utility in conformance with the Rules and Regulations of the Program, the State DHS, the County EHS, or the State RWQCB, or use of Recycled Water in areas other than those specifically shown on the approved plans, is strictly prohibited.
21.G.5 Disposal in Unapproved Areas. Disposal of Recycled Water for any purpose, including approved uses, in areas other than those explicitly approved in the current effective Recycled Water Use License issued by the Program and without the prior knowledge and approval of the appropriate Regulatory Agencies, is strictly prohibited.
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21.H AMENDMENTS
From time to time there may be amendments to the existing Rules and Regulations and design manual. These amendments may be made without the consent of the Customer. These amendments will be enforced upon their effective date.
21.I PROTECTION OF PUBLIC HEALTH
The Water Utility, the City and the Program reserve the right to take any action necessary with respect to the operation of the Customer’s Recycled Water system to safeguard the Public health.
21.J RIGHT TO TERMINATE SERVICE
21.J.1 If at any time during construction or operation of the Recycled Water system, real or potential hazards are evidenced, such as CrossConnections with the potable system, improper tagging, signing, or marking, or unapproved/prohibited uses, the Water Utility reserves the right and has the authority to terminate immediately, without notice, Recycled Water Service in the interest of protecting the Public health.
The Water Utility may elect to temporarily replace the Recycled Water supply water with potable water only after the Customer’s Recycled Water system has been disinfected and approval has been granted by the Program and the State DHS. All modifications required to replace the Recycled Water supply with Potable Water shall be at the Customer’s expense.
21.J.2 The Customer has the right to terminate service if there are no longer suitable uses at that site. The Customer cannot substitute Potable Water where Recycled Water can be used.
21.K SEVERABILITY
If any section, subsection, clause, or phrase of these Rules and Regulations is for any reason held to be invalid or unconstitutional, such decision shall not affect the remaining portions of these Rules and Regulations. The City Council declares that it would have passed said Rules and Regulations by section, subsection, sentence, clause, or phrase thereof.
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22. DESIGN, INSTALLATION AND INSPECTION OF SYSTEMS FOR
USE OF RECYCLED WATER
22.A DESIGN APPROVAL
Before the construction of any new Recycled Water system, major modifications of an existing Recycled Water system, or retrofit of an existing system for Recycled Water use, On-Site Recycled Water Service Plans must be prepared by the Customer and approved by the Program and the State DHS. Approval shall be contingent upon evidence that all applicable design requirements, rules and regulations for a Recycled Water system are satisfied (see Basis for Design Review Criteria below).
22.B REQUIRED ON-SITE RECYCLED WATER SERVICE PLANS
Plans must be stamped by a registered landscape architect or civil engineer and include, but not be limited to, the following:
22.B.1 Site plan drawn to scale which clearly shows the boundaries of the intended use area, adjacent streets, and locations of all major improvements on the site, water meters (Recycled Water and Potable Water), Backflow Prevention Devices, drinking fountains, and all Public facilities supplied with Recycled or Potable Water Service. Public facilities include, but are not limited to, restrooms, outdoor eating areas, snack bars, swimming pools, wading pools, decorative fountains and showers. If there are no Public facilities located in the defined use area, then a note on the plans must indicate that no Public facilities exist.
Additionally, any wells, lakes, ponds, reservoirs, or other water impoundments located On-Site or within 100 feet of the site must be shown on the site plan.
22.B.2 Piping plan which shows the complete potable and Recycled Water systems. All sources of Recycled Water and Potable Water must be indicated on the plan. The location and type of all existing and new Backflow Prevention Devices and water meters must be clearly marked on the piping plan. For existing facilities converting to Recycled Water use, the piping plan must indicate which piping and other devices are existing and which piping and other devices will be installed as part of the retrofit work. The proper separation requirements between Potable and Recycled Water lines (for new piping) must be indicated. The piping plan can be combined with the site plan if space permits.
22.B.3 Detail drawings of areas where special installation or retrofit procedures are required, such as cutting and capping to separate potable and recycled systems, installation of Backflow Prevention Devices, special construction where pipe separation criteria cannot be met, etc.
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22.B.4 Any other items required by the Design, Installation, and Inspection Criteria section of the Customer On-Site Manual, and Section 24. C. of this document.
22.B.5 Preparation of On-Site Recycled Water Service Plans does not exempt the Applicant from submitting other On-Site improvement plans normally required by the City. Other improvement plans required by the City must still be submitted in accordance with the City’s standard procedures.
22.C BASIS FOR DESIGN REVIEW CRITERIA
22.C.1 Review of On-Site Recycled Water Service Plans conducted by the Program and the State DHS will consist of checking for conformance with various regulations and guidelines governing distribution of Recycled Water. Even though the City/Program and the State DHS perform a plan check, the Applicant is not relieved of responsibility to meet all requirements. A brief description of this criteria is provided below. Copies of these criteria will be provided by the City or the Program upon request.
22.C.2 CCR, Title 22, Division 4, Chapter 3, “Water Reclamation Criteria”.
These regulations are written by the State DHS and specify the Approved Uses and use area requirements, such as hose bib restrictions, prohibition of irrigation near wells, etc. These regulations govern both the Water Utility’s distribution system as well as the Customer’s OnSite system.
22.C.3 CCR, Title 17, “Drinking Water Supply - Backflow Prevention” CCR, Title 17 specifies requirements intended to protect the Public drinking water supply from contamination. Some requirements specified in CCR, Title 17 include Backflow Prevention Devices, designation of a Customer Supervisor, and Cross-Connection testing requirements.
22.C.4 American Water Works Association (AWWA), California-Nevada Section, Guidelines for Distribution of Non-potable Water. This document provides recommended guidelines for planning, designing, constructing, and operating Non-Potable Water systems, including Recycled Water systems. The guidelines themselves are not regulations but many agencies have adopted them as general requirements. The document covers both installation of the Water Utility distribution systems and On-Site use systems.
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22.C.5 International Association of Plumbing and Mechanical Officials (IAPMO) Uniform Plumbing Code, Appendix J. Appendix J of the Uniform Plumbing Code sets forth requirements when Recycled Water is used within buildings in a dual-plumbed system for non-potable domestic uses such as toilet and urinal flushing. This section of the Uniform Plumbing Code does not apply to irrigation sites, where the Recycled Water system is located outside buildings, or industrial sites, where the Recycled Water is used for non-domestic industrial purposes.
In addition, the pipe separation regulations indicated in this Guide are different than and take precedence over the Appendix J requirements.
NOTE: Appendix J has not been adopted by Santa Clara and serves only as a reference.
22.D SUMMARY OF DESIGN REVIEW CRITERIA
Although the plan review conducted by the Program, the State DHS and/or the City may include checking for compliance with any of the existing regulations or guidelines referenced above, the following summaries are provided to give the designer of the Recycled Water system a general idea of the major items which will be checked during plan review. The summary is compiled as a “punch list” so that it can easily be referenced by the plan designer. However, compliance with every item on the punch list does not guarantee that the plans will be approved without comment since regulations and policies may change and some sites may require special provisions. In addition, even though the Program, the State DHS and/or the Local Authorities perform a plan review, the Applicant is still responsible for meeting all applicable requirements, even if those requirements are not shown on the approved plans. Please note that the plan requirements are slightly different for new facilities and existing facilities converting to Recycled Water use.
22.D.1 Do plans include a site/piping plan and details of connection points as indicated under Required Plans (Section 22.B)?
22.D.2 Are all items listed under Required Plans (Section 22.B) shown on the site/piping and details plans?
22.D.3 Is the use area shown on the site an Approved Use Area?
22.D.4 Is the total Recycled Water irrigation area included to the nearest 10th of an acre?
22.D.5 At new facilities, are all On-Site Recycled Water pipelines located ten feet horizontally from Potable Water pipelines where possible (minimum of four foot horizontal separation allowed if special construction details are incorporated)?
22.D.6 At new facilities, where Recycled and Potable Water lines cross, are the WATER SERVICE AND USE RULES AND REGULATIONS No. 22
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pressurized Recycled Water pipelines located at least one foot below the Potable Water lines?
22.D.7 At existing facilities converting to Recycled Water use, does all new piping meet the Potable/Recycled Water pipeline separation criteria indicated above?
22.D.8 Do the plans indicate that Recycled Water and Potable Water systems are completely separated and there is no common trenching?
22.D.9 At existing facilities converting to Recycled Water use, are all locations where future Recycled Water piping must be separated from the Potable Water piping clearly indicated on the plans?
22.D.10 Are the proper Backflow Prevention Devices shown in the proper location for protection of the Public Potable Water system? Reduced Pressure (RP) principal Backflow prevention assemblies should be shown located as close as possible to all Potable Water meters and at least 12 inches above grade.
22.D.11 If the On-Site Recycled Water system is interconnected with industrial process piping, fertilizer injection systems, or a non-potable drinking water source (such as an irrigation water storage pond), is the proper Backflow Prevention Device shown in the proper location for protection of the Public Recycled Water distribution system? In such cases, usually an RP device is required at the Recycled Water meter, at least 12 inches above grade.
22.D.12 Are the proper Backflow Prevention Devices shown in the proper locations for protection of On-Site Potable Water supply per standard UPC and CCR, Title 17 requirements? Though not specifically related to Recycled Water, these devices should be shown on the plans.
Backflow Prevention Devices are required at non-air-gap Points of Connection to ponds, wading pools, swimming pools, fountains, etc., where the impoundment is supplied by the potable water on-site piping.
Usually atmospheric vacuum breakers located near the Point of Connection are adequate, unless there is a valving downstream of the protection device, in which case pressure vacuum breakers are required.
22.D.13 If there are wells located On-Site or near the use site, are the wells separated from all Recycled Water irrigation use areas by at least 50 feet and from all Recycled Water impoundments by at least 100 feet? WATER SERVICE AND USE RULES AND REGULATIONS No. 22
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22.D.14 If plans are used for construction, do plans show all necessary details to properly construct the system?
22.D.15 Do plans identify that materials are appropriate for Recycled Water use? (For example, purple pipe, proper signing and tagging, etc.)
22.D.16 Do plans identify works requiring inspection by the Program representatives?
22.D.17 Do plans include a detail for Air Gap if a backup source is used?
22.D.18 Do plans specify no hose bibs on the Recycled Water system?
22.E PRELIMINARY CROSS-CONNECTION TEST EXISTING SITES
At all existing sites which are converting to Recycled Water use, a preliminary Cross-Connection test may be required and shall be coordinated by the Customer prior to retrofit work or construction. The Customer must notify the Program prior to the Cross-Connection test so that the Program, the Water Utility, the City, and regulatory agency representatives can be present if they wish. The preliminary Cross-Connection test should follow the general cross-connection testing guidelines outlined in Section 22.I. The purpose of the test is to determine if there are any unknown connections between the existing irrigation system and the domestic water system prior to construction. If unknown connections are discovered, then further testing or potholing must be conducted in order to determine where the connections are located. The retrofit plans must be revised to reflect any changes required to eliminate the connections, and the revised plans must be resubmitted to the Program and the State DHS for review. At new development sites, a preliminary Cross-Connection test is generally not necessary since the systems have been designed for Recycled Water use.
22.F CONSTRUCTION INSPECTION
The State RWQCB requires that the Program, the City, or designated representatives conduct On-Site inspections during the construction phase to ensure that materials, installation and procedures are in accordance with the approved plans, specifications, and all applicable regulations. Accordingly, the Customer shall notify the Program of the schedule for all phases of planning, construction and start up so that inspections can be scheduled.
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22.G FIELD TESTING AND INSPECTION
All systems shall conform to the requirements of the UPC Sections 103.5.1 through 103.5.4.2 except intermittent pressure piping. During the coverage test with Recycled Water, the irrigation system shall be inspected for proper use of full, half, and quarter sprinkler heads, proper atomizing, and irrigation spray on nonApproved Use Areas.
22.H TEMPORARY CONNECTION TO POTABLE SERVICE
A jumper to the potable system is allowed up to and during the final CrossConnection test. At that time the jumper shall be replaced by the Recycled Water meter. Jumpers providing water from the Public Recycled Water system into the On-Site Recycled Water system are prohibited at all times.
22.I FINAL CROSS-CONNECTION TEST
The Customer must conduct a final Cross-Connection test before connecting the Customer’s Recycled Water system to the Water Utility’s Recycled Water system at any use-site where both Recycled and Potable Water are present in separate piping systems. This test is to ensure the absolute separation of the recycled and potable water systems. The Customer must notify the Program at least 48 hours prior to the test so that members of the appropriate agencies may be present. The Cross-Connection test shall be done under the supervision of the Program representatives by an AWWA-certified Cross-Connection control specialist hired by the Applicant. The Customer Supervisor (see Designation of Customer Supervisor, herein) must be present at the test. Periodic testing must be performed after that (see Periodic Cross-Connection Testing Program, herein). A written report documenting the test results shall be submitted by the certified CrossConnection control specialist to the Customer Supervisor and the Program following completion. The following are general test guidelines and may be modified with the approval of the Program.
22.I.1 General Cross-Connection Test Procedures
Cross-Connection tests shall be performed as specified in the UPC Appendix J 8 (2) and J 8 (3), with the exception that intermittent piping will not be activated and pressurized as specified in Appendix J 8 (2)(vi), and that the required pressurization time will be one (1) hour or as otherwise specified by the Cross-Connection specialist. The City of Santa Clara’s Cross-Connection test procedures are summarized as follows:
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22.I.2 Minimum Requirements for Cross-Connection Testing:
The Cross-Connection test shall be done with the Customer’s Site Supervisor present, under the supervision of a City representative by an AWWA-certified Cross-Connection control specialist. The Cross-Connection test shall include the following steps:
22.I.2.(a) For Premises with irrigation systems originally constructed with a potable service, all Potable Water supply points to the irrigation system are to be disconnected and capped. These points shall remain open to view until after a visual
inspection by the City. This step may be deferred until after the following steps are completed, that is, the CrossConnection test may be completed with Potable Water being supplied to the recycled piping.
22.I.2.(b) When the recycled service is ready to be activated, while still OFF: City Inspectors shall determine that there is no water being supplied to the irrigation system. This may be by use of a pressure gauge installed on the normally pressurized portion of the irrigation system, or by a visual inspection of the irrigation sprinkler heads. This procedure is to insure no potable water source is supplying water to the irrigation system.
22.I.2.(c) After the Recycled Water service is activated and turned ON, the potable service to the property is to be turned OFF and de-pressurized. A pressure gauge will be connected to the potable service at the building to measure the potable system pressure during this test. While the potable system is not in use, there shall be no observed increase in pressure for at least 15 minutes. For multi-story buildings, maximum
pressure at the ground floor is not to exceed static pressure equal to elevation pressure to the top floor or roof of the building (the highest point of the internal plumbing).
22.J FINAL INSPECTION
The State DHS requires a final On-Site inspection to be conducted by the Program or its designated representatives. Accordingly, a final inspection will be performed by the Program or its designated representatives before the Recycled Water system is connected to ensure all requirements have been met. This inspection will be coordinated with the final Cross-Connection test so that the inspection can be done with Potable Water charging the irrigation system at Recycled Water pressure prior WATER SERVICE AND USE RULES AND REGULATIONS No. 22
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to connection of Recycled Water. The Program’s inspector will check to see that the proper equipment was used and that all required tags, labels, and signs are in place. This inspection shall precede the coverage test which will be performed with Recycled Water. This will allow the inspector to determine if conditions which create runoff or Windblown Spray outside the Approved Use Area, Ponding within the use area do not exist. Spray patterns will be checked to see they do not encroach upon Public facilities such as drinking fountains, outside eating areas, or areas outside the Approved Use Area.
22.K FINAL APPROVAL
Final approval must be granted by the Program before Recycled Water can be supplied to the site. Final approval will be granted when construction has been completed in accordance with approved plans and specifications, all CrossConnection tests have been performed, a final On-Site inspection has been conducted, and all requirements have been met satisfactorily. After the Recycled Water Use License has been finalized by the Program, the Water Service Agreement is approved by the Water Utility, and all applicable fees have been paid, the Water Utility will authorize the installation of the Recycled Water meter. (The coverage test will be performed after the meter has been set) the State DHS will be forwarded a copy of all test and inspection reports as well as notification that Recycled Water Service has been started. During the lifetime of the Recycled Water system, the City or the Program will periodically inspect the Recycled Water system to ensure compliance with all applicable rules and regulations (see Annual Self-Inspections, herein). Additionally, the Customer shall conduct a CrossConnection test every four years if required by the Recycled Water Use License.
22.L RECORD DRAWINGS
All conceptual or major design changes shall be approved before implementing the change in the construction contract. Record drawings shall be prepared to show the recycled system as constructed and shall include all changes in work constituting departures from the original contract drawings including those involving both constant pressure and Intermittent-Pressure Lines and appurtenances.
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23. OPERATION AND MAINTENANCE OF SYSTEMS FOR USE OF
RECYCLED WATER
23.A CONDITIONS OF SERVICE
All requirements outlined in this section shall be Conditions of Service, unless modified in the Recycled Water Use License. By accepting Recycled Water Service, the Customer agrees to comply with all Conditions of Service.
23.B SYSTEM RESPONSIBILITY
23.B.1 It shall be the responsibility of the Customer to maintain and operate their Recycled Water system downstream of the Service Connection. It is the responsibility of the Customer to ensure that the Recycled Water is being applied in accordance with all rules and regulations regarding the use of Recycled Water. The Customer is also responsible for the following:
23.B.1.(a) Maintaining the On-Site Recycled Water system, signs, markings, and tags in accordance with all rules and
regulations.
23.B.1.(b) Ensuring all materials used during the repair and maintenance of the system are approved or recommended for Recycled Water use.
23.B.1.(c) Obtaining all permits and payment of all fees required for the operation and maintenance of the Customer’s Recycled
Water system. Permitting and/or fee assistance may be
available from the City or the Program.
23.B.1.(d) Reporting all Violations and emergencies to the required local governing agencies.
23.B.1.(e) Obtaining prior authorization from the Water Utility and the Program before making any modifications to the approved Recycled Water system. This includes converting any piping used at any time for conveyance of Recycled Water back to Potable Water, that is switching a Recycled Water system to a backup Potable Water system. The Program will notify the Customer if approval is also required from any additional regulatory agencies and if disinfection procedures are
required.
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23.C HOURS OF OPERATION
Hours of operation shall be specified in the Recycled Water Use License.
23.D DESIGNATION OF CUSTOMER SUPERVISOR
It is the responsibility of the Customer to provide surveillance and supervision of the Recycled Water system in a way that assures compliance at all times with current regulations. In order to accomplish this, the Customer shall designate, with the approval of the Program, a Customer Supervisor to provide liaison with the City, the Water Utility and the Program. This person may represent the Owner, tenant, or property manager as appropriate; however he/she must be a permanent employee responsible for the Recycled Water system at the site who is available at all times and has the authority to carry out any requirements of the Program, the City, and the Water Utility. The Customer Supervisor should be permanently stationed at the use site, or at a minimum make frequent visits to the use site as specified in the Recycled Water Use License. Installation, operation, maintenance, and prevention of potential hazards on the Recycled and Potable Water systems are the responsibility of the Customer Supervisor. The Customer Supervisor’s primary responsibility is to ensure that there are no Cross-Connections made between the Potable and Recycled Water systems. The Customer Supervisor must be present at the final cross-connection test and periodic Cross-Connection tests. The Customer Supervisor shall inform the Program of all failures, Violations, and emergencies that occur involving the Recycled or Potable Water systems. The Customer Supervisor is also responsible to be knowledgeable of the provisions contained in CCR, Title 17 and CCR, Title 22 relating to the safe use of Recycled Water and the maintenance of accurate records. The Customer Supervisor must be familiar with the basic concepts of Backflow and Cross-Connection prevention, system testing and relating emergency procedures. The Customer must notify the Program immediately of any change in personnel for the Customer Supervisor position.
23.E PERSONNEL TRAINING
It is the responsibility of the Customer to train all operations personnel, in order to be familiar with the use of Recycled Water. Any training program should include, but not limited to, the following:
23.E.1 Operations personnel must be aware of the emergency procedure.
23.E.2 Operations personnel must be aware that Recycled Water, though highly treated, is Non-Potable Water.
23.E.3 Operations personnel must understand the requirements and restrictions pertaining to Ponding, Windblown Spray and Runoff.
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23.E.4 Good personal hygiene must be followed.
23.E.5 Recycled Water shall never be used for human consumption.
23.E.6 Operations personnel must understand that working with Recycled Water is safe if good common sense is used and appropriate regulations are followed.
23.E.7 Operations personnel must understand that there is never to be a connection between the Recycled Water system and the Potable Water system.
23.E.8 Operations personnel must understand the health/safety aspects of CCR, Title 17 and CCR, Title 22 requirements.
23.E.9 All new employees shall be trained in the proper use of Recycled Water.
Supervisory personnel and the Customer Supervisor should be held accountable to ensure that employees are not using Recycled Water carelessly or hazardously.
23.F VEHICLE IDENTIFICATION
23.F.1 Any vehicle used to transport Recycled Water shall be clearly marked with labels or signs. These labels or signs shall contain the words “RECYCLED WATER - DO NOT DRINK - NO TOMAR” in black
two-inch high minimum letters on a purple background. The Program may also require the label to include translations into foreign language(s) if appropriate, as specified in the Recycled Water Use License. One label or sign shall be placed on the tank closest to the driver’s door. One label or sign shall be placed on the rear surface of the tank. All labels and signs shall be placed where they can easily be seen by the personnel using the vehicle.
23.F.2 The “Do Not Drink” symbol (refer to the Customer On-Site Design Manual) shall be present on all vehicles used to carry Recycled Water.
Any vehicles use for the transportation or storage of Recycled Water must not be reused for the transportation or storage of Potable Water.
23.G MAINTENANCE
23.G.1 To ensure the Recycled Water system ways remains in compliance, the Customer shall begin a preventative maintenance program to include, but not limited to, the following:
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23.G.1.(a) Regular inspections shall be conducted by the Customer of the entire Recycled Water system including sprinkler heads, drip irrigation emitters, spray patterns, lakes, piping and valves, pumps, storage facilities, controllers, etc.
Immediately correct any leaks, breaks, or discrepancies in license requirements.
23.G.1. (b) All warning signs, tags, stickers, and above grade pipe markings shall be checked for their proper placement and legibility. Replace damaged, unreadable or missing signs, tags, stickers, and pipe markings.
23.G.1.(c) Special attention should be given to spray patterns to eliminate Ponding, Runoff and Windblown Spray conditions.
If runoff is noted, affected areas should be indicated on a sketch and the volume should be estimated. If unauthorized Ponding is detected, evidence of mosquitoes breeding within the Ponding should be noted and immediately eliminated.
23.G.1.(d) Establish and maintain an accurate record keeping system of all inspections, modifications and repair work.
23.G.1.(e) Broken sprinkler heads, faulty spray patterns, leaking pipes or valves, or any other noted condition which violates the use requirements shall be repaired immediately after the
malfunction or condition becomes apparent.
23.H ANNUAL SELF-INSPECTIONS AND REPORTS
23.H.1 Standard On-Site (Land) Observation Report. The State RWQCB requires that the Recycled Water Customers in the Program conduct a standard observation inspection at least once a year at a time when the Recycled Water system is in use. In general, the standard observations correlate with the preventative maintenance self-inspections. The Customer must submit the results of the observations along with a description of any corrective actions taken in a written report to the Program (see Sample Forms). The schedule and deadlines for submittal of this report is indicated in the Recycled Water Use License. The seven items for inspection are as follows:
23.H.1.(a) Is there evidence of Runoff of Recycled Water from the site? Show affected area on a sketch and estimate volume.
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23.H.1.(b) Is there an odor of wastewater origin at the irrigation site? If yes, indicate apparent source, characterization, direction of travel, and any Public use areas or Off-Site facilities affected by the odors.
23.H.1.(c) Is there evidence of Ponding Recycled Water, and/or evidence of mosquitoes breeding within the irrigation area due to ponded water?
23.H.1.(d) Are warning signs, tags, stickers, and above ground pipe markings properly posted to inform the Public that irrigation water is Recycled Water, which is not suitable for drinking?
23.H.1.(e) Is there evidence of leaks or breaks in the irrigation system piping or tubing?
23.H.1.(f) Is there evidence of broken or otherwise faulty drip irrigation system emitters or spray irrigation sprinklers?
23.H.1.(g) What corrective actions are being taken to correct any problems noted above?
23.H.2 Off-Season Inspection Report. The State RWQCB also requires that the Program Customers conduct a thorough inspection of all irrigation lines, sprinklers, and drip system emitters at least once a year during the dormant season. The findings of this inspection, along with any significant repairs or modifications must be submitted in a report to the Program (see Sample Forms). The schedule and deadlines for submittal of this report are indicated in the Recycled Water Use License.
23.I PERIODIC PROGRAM INSPECTIONS
23.I.1 The State RWQCB also requires that the Program conduct periodic inspections of Customer Recycled Water use sites. These inspections shall include, at a minimum, the visual inspection of all Backflow Prevention Devices, pump rooms, exposed piping, valves, pressure reducing stations, Points of Connection, sprinklers, drip system emitters, controllers, lakes, storage facilities, signs, labeling, tags, etc. The Customer Supervisor’s maintenance records shall be inspected to review all maintenance since the last inspection. The Program, the Local Authority, and RWQCB reserve the right to make unannounced inspections of the facility during reasonable hours of operation.
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23.I.2 Upon completion of the inspection, a report form will be signed and dated by both the Customer Supervisor and the Program Inspector. The original shall be maintained by the Program with copies to the Customer Supervisor, the City, the Water Utility and any required regulatory agency.
23.I.3 Should a Cross-Connection be discovered during any inspection by the Customer or an outside Inspector, the Emergency Cross-Connection Response Plan shall be immediately invoked by the Customer Supervisor.
23.J MODIFICATIONS
23.J.1 No modifications shall be made by the Customer to any Recycled Water system without the prior approval of the Program. This includes modifications to the approved plans, or to an operational system.
Detailed plans of any modifications must be submitted to the Program and the modifications inspected by the Program before being completed.
23.J.2 Emergency modifications or repairs can be made by the Customer to the system without the prior approval of the Program to prevent contamination, damage or a Public health hazard. As soon as possible after the modification but not to exceed three days, the Customer must notify the Program of the emergency modifications and file a written report.
23.K PERIODIC CROSS-CONNECTION TESTING
23.K.1 At dual-plumbed use sites (sites where the Recycled Water is used within a building in conjunction with a Potable Water system), the Customer shall be responsible for conducting a periodic CrossConnection test as required in the Recycled Water Use License unless visual inspections reveal a requirement for more frequent testing.
Generally the periodic Cross-Connection test for a dual-plumbed use site is required once every four years. This test shall be done by an AWWA-certified Cross-Connection specialist. The Program must be notified at least 48 hours in advance of the test so that a Program representative can be present. The Customer Supervisor must be present at the test. A sample Test Notification Form is located in Sample Forms.
The following are general guidelines for periodic cross-testing and may be modified with the approval of the Program.
23.K.2 Periodic Cross-Connection Test Procedures Cross-connection tests shall be performed as specified in the UPC Appendix J 8 (2) and J 8 (3), WATER SERVICE AND USE RULES AND REGULATIONS No. 23
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with the exception that intermittent piping will not be activated and pressurized as specified in Appendix J 8 (2)(vi), and that the required pressurization time will be one (1) hour or as otherwise specified by the Cross-Connection specialist.
23.L SYSTEM NOT IN COMPLIANCE
If at any time the Recycled Water system is found to be out of compliance, the Program shall issue an Order specifying the corrections required to bring the system into compliance. A site inspection shall be scheduled after a reasonable period of time to ensure compliance with the Order. If it is known or suspected that a Backflow incident or contamination has occurred, then the Emergency CrossConnection Response Plan shall be invoked.
23.M NOTIFICATION
It is the responsibility of the Customer Supervisor to notify the Program of any failure or Cross-Connection in said Recycled Water or potable water system, whether or not he/she believes a Violation has occurred. It is also the responsibility of the Customer Supervisor to notify the Program of any violation that might occur because of any action the Customer personnel might take during the operation of said Recycled Water or Potable Water systems. If there are any doubts whether a Violation has occurred, it is the responsibility of the Customer Supervisor to report each occurrence to the Program so a decision can be made.
23.N EMERGENCY PROCEDURE
23.N.1 In case of a major earthquake, flood, fire, tornado, structural failure, or other incident which could likely damage the Recycled or Potable Water systems, the Customer Supervisor should inspect the domestic and Recycled Water systems for damage, as soon as, it is safe to do so. If either system appears damaged, the domestic or Recycled Water system with damage should be shut off at their Point of Connection. If the Customer Supervisor cannot inspect the site and damage is expected, then both water systems should be shut off at their points of connection.
The Supervisor should immediately contact the Program for further instruction.
23.N.2 Emergency Modifications. Emergency modifications or repairs can be made by the Customer to said system without the prior approval of the Program to prevent contamination, damage or a Public health hazard.
As soon as possible after the modification but not more than three days after the modification, the Customer shall notify the Program of the emergency modifications and file a written description of action taken.
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23.N.3 Unauthorized Discharge. It is the responsibility of the Customer to report to the City all system failures that result in an unauthorized discharge of Recycled Water. An immediate oral report is required at which time the City will specify if a written report is required. The Customer must make every effort to contain the unauthorized discharge prior to discharge to the storm drains. Contact the Program for field review and disposal instructions.
23.N.4 Contamination of Drinking Water. In case of contamination of the Potable Water system due to a Cross-Connection on the Customer’s Premises, the Program and State DHS shall be immediately notified by Customer. The Customer is to immediately invoke the Emergency Cross-Connection Response Plan.
23.O EMERGENCY CROSS-CONNECTION RESPONSE PLAN
In the event that a Backflow incident or Cross-Connection is suspected or occurs, the following procedures shall be implemented immediately.
23.O.1 Notify the Water Utility and the State DHS by phone. This notification is to be followed by written notice within 24 hours. The written notice is to include an explanation of the nature of the Cross-Connection, date and time discovered, and the steps taken to mitigate the CrossConnection(s).
23.O.2 Keep the Potable Water system pressurized and post “Do Not Drink” signs at all Potable Water fixtures and outlets.
23.O.3 Immediately shut down the Recycled Water supply to the facility at the meter.
23.O.4 Provide bottled water for employees until the Potable Water system is deemed safe to drink.
23.O.5 Collect water samples from the Potable Water system and perform a 24- hour bacteriological analysis. Water samples should be collected from the closest acceptable point to the Cross-Connection. The Water Utility may supply the appropriate sample bottles, obtain the samples, and arrange for laboratory analysis. See the Water Utility Supplementary Guidelines for additional information.
23.O.6 Identify the cause and location of Backflow and eliminate the CrossConnection(s).
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23.O.7 Conduct a Cross-Connection test as outlined in Section 22.E-K to verify that all Cross-Connections were eliminated.
23.O.8 Obtain approval from the Program and the State DHS before bringing the Recycled Water system back into service.
23.O.9 If the bacteriological analysis conducted in Step 5 is positive, chlorinate the Potable Water system maintaining a chlorine residual of at least 50 mg/l for 24 hours. Otherwise proceed to Step 11.
23.O.10 Flush the Potable Water system after 24 hours and perform standard bacteriological analysis.
23.O.11 If the results from Step 10 are acceptable, proceed to Step 12.
Otherwise, repeat Steps 9-10.
23.O.12 Obtain final approval from the Program and the State DHS before removing signs.
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LOCAL CONTACTS
Site:_____________________________________________________________________ _________________________________________________________________________ ________________________________________________________________________ Location:_________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Customer
Supervisor:_______________________________________________________________ Work
Phone:___________________________________________________________________ Title:_____ ______________________________________________________________ Home
Phone:___________________________________________________________________ WATER SERVICE AND USE RULES AND REGULATIONS No. 23
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CROSS-CONNECTION TEST NOTIFICATION FORM
(Sent by the Program)
Test Date:
Test Time:
Site Name:
Site Address:
CITY OF SANTA CLARA WATER UTILITY
Contact Person:
Phone:
Agencies Notified: California Department of Health Services, Drinking Water Field Operations Branch - Monterey District
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CROSS-CONNECTION NOTIFICATION RSVP FORM
(Returned by Customer)
Site Address:
Test Date:
Agency/Company:
Representatives Attending:
(Please return to requesting party within 48 hours prior to scheduled test) WATER SERVICE AND USE RULES AND REGULATIONS No. 23
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ANNUAL SELF-INSPECTION REPORT
Standard On-Site (Land) Observation Report
OR
Off-Season Inspection Report
Site:
Date:
Inspected by:
Title:
===========================================
1. Is there evidence of runoff of recycled water from the site? Show affected area on a sketch and estimate volume:
2. Is there an odor of wastewater origin at the irrigation site? If yes, indicate apparent source, characterization, direction of travel, and any public use areas or off-site facilities affected by the odors.
3. Is there evidence of ponding of recycled water, and/or evidence of mosquitoes breeding within the irrigation area due to ponded water?
4. Are warning signs, tags, stickers, and above ground pipe markings properly posted to inform the public that irrigation is recycled water, which is not suitable for drinking?
5. Is there evidence of leaks or breaks in the irrigation system piping or tubing?
6. Is there evidence of broken or otherwise faulty drip irrigation system emitters or spray irrigation sprinklers?
7. What corrective actions are being taken to correct any problems noted above?
Signed: ___________________________________________
Dated: ____________________________________________
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RECYCLED WATER USE LICENSE - CUSTOMER APPLICATION
Today’s Date:
Tract No./APN:
Facility Name:
Location or Brief Legal Description:
Mailing Address:
Type of Development:
Expected date to commence recycled Water Service (Month/Year) Owner: Proposed Customer Supervisor:
Address: Address:
City: City:
State: Zip: State: Zip:
Phone: (___) Work Phone (___)
Contact: Home Phone (___)
Alternate:
Estimated Water Requirements Acres Average (AF/YR) Peak Demand (GPM) Landscape Irrigation:
Park:
Open Space:
School:
Industrial Use:
Athletic Field:
Brief description of use(s):
Brief description of proposed Customer Supervisor’s current responsibilities and familiarity with the future recycled water system:
This is a new retrofitted system.
For retrofitted systems: Water Utility: CITY OF SANTA CLARA Account Number: __________________________
On-Site pumping is not required.
Is the potable system designed to operate as back-up: Yes No WATER SERVICE AND USE RULES AND REGULATIONS No. 24
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24. WATER CONSERVATION IN LANDSCAPING
24.A PURPOSE
The purpose of these Rules and Regulations is to promote efficient water use in landscaping by promoting use of region-appropriate plants that require minimal supplemental irrigation, and by establishing standards for irrigation efficiency. Irrigation efficiencies are accomplished through proper landscape design, installation and management techniques appropriate to Santa Clara’s growing conditions. These Rules and Regulations implement the California Water Conservation in Landscaping Act, Government Code Section 65591 et. seq.
24.B APPLICABILITY
24.B.1 Except as provided in Subsection 24.B.2. below, these Rules and Regulations shall apply to:
24.B.1.(a) New construction projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check, or design review
24.B.1.(b) Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, or design review
24.B.1.(c) Existing landscapes limited to Sections 493, 493.1, 493.2 in Division 2, Title 23 of the California Code of Regulations; all other existing landscapes shall only be subject to the provisions for existing landscapes provided for in section
24.O
24.B.1.(c) New and rehabilitated cemeteries, are limited to sections
24.I, 24.L, and 24.O of these Rules and Regulations
24.B.2 Any project with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements of this ordinance or conform to the prescriptive measures contained in Appendix D.
24.B.3 These Rules and Regulations shall not apply to:
24.B.3.(a) New construction with irrigated landscape areas less than 500 square feet, rehabilitated landscapes with irrigated landscape areas less than 2,500 square feet, or landscapes that do not require a building or landscape permit, plan check or design review, or new or expanded water service;
24.B.3.(b) Landscapes, or portions of landscapes, that are only irrigated for an establishment period;
24.B.3.(c) Registered local, state or federal historical sites;
24.B.3.(d) Mine reclamation projects that do not require a permanent WATER SERVICE AND USE RULES AND REGULATIONS No. 24
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irrigation system;
24.B.3.(e) Any ecological restoration project that does not require a permanent irrigation system;
24.B.3.(f) Community gardens or plant collections, as part of botanical gardens and arboretums open to the public;
24.B.3.(g) Any commercial cultivation or agricultural products, including by not limited to products of farms, orchards, production nurseries and forests;
24.B.3.(h) Any project that uses, primarily, Recycled Water for irrigation purposes;
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24.C DEFINITIONS
The terms used in this Section of these Rules and Regulations have the meaning set forth below:
Applied Water: The portion of water supplied by the irrigation system to the landscape.
Automatic (Irrigation) Controller: An automatic mechanical or solid-state timing device, capable of remotely controlling valve stations that operate an irrigation system. Automatic irrigation controllers schedule irrigation events using evapotranspirtion or soil moisture data to set days and length of time of irrigation.
Backflow Prevention Device: A City-approved device that prevents pollution or contamination of the water supply due to the reserve flow of water into the City’s water distribution system.
Certificate of Completion: The document required under Section 492.9 Certified Irrigation Designer: A person certified to design irrigation systems by an accredited academic institution, a professional trade organization, or other program such as the U.S. Environmental Protection Agency’s WaterSense irrigation designer certification program, or the Irrigation Association’s Certified Irrigation Designer program.
Certified Landscape Irrigation Auditor: A person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency’s WasterSense irrigation auditor certification program and Irrigation Association’s Certified Landscape Irrigation Auditor Program.
Certified Professional: A certified irrigation designer, certified landscape irrigation auditor, licensed landscape architect, licensed landscape contractor, licensed professional engineer, or any other person authorized by the State of California to design a landscape, an irrigation system or authorized to complete a water budget.
Check Valve or Anti-Drain Valve: A valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.
Common Interest Developments: Community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 4000 et seq.
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Compost: The safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth.
Conversion Factor (0.62): A number that converts the maximum applied water allowance from acre-inches per acre per year to gallons per square foot per year.
The conversion factor is calculated as follows:
(325,829 gallons/43,560 sq. ft./12 inches = 0.62)
325,829 gallons = 1 acre-foot
43,560 square feet = 1 acre
12 inches = 1 foot
To convert gallons per year to 100 cubic feet per year, the City’s billing unit for water, divide gallons per year by 748 (748 gallons = 100 cubic feet).
Distribution Uniformity: The measure of the uniformity of irrigation water over a defined area.
Drip Irrigation: any non-spray low volume irrigation system utilizing emission devices with a flow rate measures in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.
Ecological Restoration Project: A project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
Effective Precipitation (Eppt) or Usable Rainfall: The portion of total precipitation that is available for plants. Precipitation is not a reliable source of water but can contribute to some degree toward the water needs of the landscape.
For the purpose of this document, “effective precipitation” is twenty-five percent (25%) of local annual mean precipitation.
Emitters: Drip irrigation fittings that deliver water slowly from the system to the soil.
Established Landscape: The point at which plants in the landscape have developed roots into the soil adjacent to the root ball.
Establishment Period: The first year after installing the plant in the landscape.
Estimated Applied Water Use: The portion of the Estimated Total Water Use that is derived from applied water. The Estimated Applied Water Use shall not exceed the Maximum Applied Water allowance. The Estimated Applied Water Use may be the sum of the water recommended through the irrigation schedule as WATER SERVICE AND USE RULES AND REGULATIONS No. 24
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referenced herein.
Estimated Total Water Use (ETWU): The annual total amount of water estimated to be needed to keep the plants in the landscaped area healthy. It is based upon such factors as the local evapotranspiration (ET) rate, the size of the landscaped area, the types of plants, and the efficiency of the irrigation system, as described herein.
Evapotranspiration Adjustment Factor (ETAF): A factor of 0.55 for residential areas and 0.45 for non-residential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8.
A combined plant mix with a site-wide average of 0.5 is the basis of the plant factor portion of this calculation. The irrigation efficiency for the purpose of the ET Adjustment Factor is 0.71.
Evapotranspiration Rate: A quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specific time.
Flow Rate: The rate at which water flows through the pipes, valves and emission devices. (gallons per minute, cubic feet per second, gallon per hour).
Flow Sensor: An inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller, or flow monitor capable of receiving flow signals and operating master valves. This combination flow sensor/controller may also function as a landscape water meter or submeter.
Friable: A soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded.
Fuel Modification Plan Guideline: Guidelines from a local fire authority to assist residents and businesses that are developing land or building structures in a fire hazard severity zone.
Graywater: Untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. “Graywater” includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing WATER SERVICE AND USE RULES AND REGULATIONS No. 24
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machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers. Health and Safety Code Section 17922.12.
Hardscape: Any constructed feature in a landscape built of concrete, stone, wood, or other such pervious or non-pervious durable material. Includes, but is not limited to, patios, walkways, and retaining walls.
Hydrozone: A portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A Hydrozone may be irrigated or non-irrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a non-irrigated Hydrozone.
Infiltration Rate: The rate of water entry into the soil expressed as a depth of water per unit of time (e.g. inches per hour).
Invasive Plant Species: Species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by agricultural agencies as noxious species. “Noxious weeds” means any weed designated by the Weed Control Regulations in the Weed Control Act and identified on a Regional District noxious weed control list. List of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database.
Irrigation Audit: An in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation Association’s Landscape Irrigation Auditor Certification program or other U.S. Environmental Protection Agency “Watersense” labeled auditing program
Irrigation Efficiency (IE): The measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum irrigation efficiency for purposes of this ordinance is 0.71.
Greater Irrigation Efficiency can be expected from well-designed and wellmaintained systems.
Irrigation Survey: An evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system.
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Irrigation Water Use Analysis: An analysis of water use data based on meter readings and billing data.
Landscape Architect: A person who holds a license to practice landscape architecture in California as defined by the California Business and Professions Code, Section 5615.
Landscape Area: The entire parcel less the building footprint, driveways, sidewalks, gravel or stone walks, non-irrigated portions of the parking lot, hardscape such as decks and patios, and other pervious or nonpervious hardscapes.
Water features are included in the calculation of the landscaped area. Areas dedicated to edible plants such as orchards or vegetable gardens are not included.
Landscape area does not include other non-irrigated areas designated for nondevelopment (e.g., open spaces and existing wildland vegetation).
Landscape Contractor: A person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.
Landscape Irrigation Audit: A process to perform site inspection, evaluate irrigation systems, and develop efficient irrigation schedules.
Landscape Installation Report: The report, per section 24.K of these rules and regulations, documenting the landscape installation assessment for new and rehabilitated landscape and irrigation system(s) have been installed.
Landscape Project: An undertaking of landscape design and installation on a particular area of land. A landscape project may be associated with an individual lot, a building project, or a multi-phased development. It may also be a larger, comprehensive landscape scheme that is not coupled with an individual building project.
Lateral Line: The water delivery pipeline that supplies water from the water source to the valve or outlet.
Local Mean Precipitation: The State Department of Water Resources’ 20-year historical rainfall data.
Local Water Purveyor: Any entity, including a public agency, city, county, or private water company that provides retail water service Low-volume Irrigation: The application of irrigation water through a system of tubing or lateral lines and low-volume emitters such as drip and bubblers. Certain rotary emitters designed for highly efficient water distribution, and situated to WATER SERVICE AND USE RULES AND REGULATIONS No. 24
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irrigate low water use plants, may also be included in this definition at the discretion of the City.
Low Water Use Plant: A plant species whose demonstrated water needs are compatible with local climate and soil conditions such that regular supplemental irrigation is not required to sustain the plant after it has become established. Any species classified as “very low water use” and “low water use” by WUCOLS, having a regionally adjusted plant factor of 0.0 through 0.3, shall be categorically deemed a low water use plant.
Main Line: The pressurized pipeline that delivers water from the water source to the valve or outlet.
Master Shut-off-Valve: An automatic valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve.
Maximum Applied Water Allowance (MAWA): For design purposes, the upper limit of annual applied water for the established landscaped area as specified in Section 24I., Water Budget Calculation. It is based upon the area’s reference Evapotranspiration rate, the ET Adjustment Factor, and the size of the landscaped area. The Estimated Applied Water Use shall not exceed the Maximum Applied Water allowance (gallons per year).
Median: Area between opposing lanes of traffic that may be unplanted or planted with trees, shrubs, perennials, and ornamental grasses.
Microclimate: The climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces.
Mined Reclamation Projects: Any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.
Mulch: Any material such as leaves, bark, straw, or other materials left loose and applied to the soil surface to reduce evaporation, suppressing weeds, moderating soil temperature and preventing soil erosion.
Native Plant: A plant indigenous to a specific area of consideration. For the purposes of these Rules and Regulations division, the term will refer to plants indigenous to the costal ranges of Centeral and Northern California, and more specifically to such plants that are suited to the ecology of the present or historic WATER SERVICE AND USE RULES AND REGULATIONS No. 24
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natural community of the project’s vicinity.
New Construction: For the purposes of this ordinance, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building.
Non-Residential Landscape: Landscapes in commercial, institutional, industrial and public settings that may have areas designated for recreation or public assembly. It also includes portions of common areas of common interest developments with designated recreational areas and multifamily homes where landscaping is managed by a homeowners association or other common interest development.
No-Water Using Plant: A plant species with water needs that are compatible with local climate and soil conditions such that regular supplemental irrigation is not required to sustain the plant after it has become established.
Operating Pressure: The pressure at which a system of sprinklers is designed to operate, usually indicated at base of sprinkler.
Overhead sprinkler irrigation system: A system that delivers water through the air (e.g., spray heads and rotors).
Overspray: The water which is delivered beyond the landscape area, wetting pavements, walks, structures, or other non-landscaped areas.
Permit: An authorizing document issued by local agencies for new construction or rehabilitated landscapes.
Pervious: Any surface or material that allows the passage of water through the material and into the underlying soil.
Plant Factor: A factor that, when multiplied by reference Evapotranspiration, estimates the amount of water used by plants. For purposes of these Rules and Regulations, the average plant factor of very low water use plants is 0 to 0.1, the plant factor range for low water-using plants ranges from 0.1 to 0.3; for average water-using plants the range is 0.4 to 0.6, and for high water-using plants the range is 0.7 to 1.0. Plant Factors are based on the Department of Water Resources 2000 publication “Water Use Classification of Landscape Species” (WUCOLS).
Project Applicant: The individual or entity submitting a Landscape Documentation Package required to request a permit, plan check, or design review from the local agency. A project applicant may be the property owner or his or her designee
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Precipitation Rate: means the rate of application of water measured in inches per hour.
Rain Sensing Device: A system which automatically shuts off the irrigation system when it rains.
Record Drawing or As-Builts: A set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.
Recreational Areas: Areas of active play or recreation, such as sports fields, school yards, picnic grounds, or other areas with intense foot traffic.
Recycled Water or Reclaimed Water: Treated or recycled wastewater of a quality suitable for non-potable uses, such as landscape irrigation and water features; not intended for human consumption.
Reference Evapotranspiration or ETo: A standard measurement of environmental parameters, which affect the water use of plants. ETo is given in inches per day, month, or year (as represented in Section 24.I Water Budget Calculation) and is an estimate of the Evapotranspiration of a large field of four to seven inch tall, cool-season grass that is well watered. Reference Evapotranspiration is the Maximum Applied Water Allowance so that regional differences in climate can be accommodated.
Regional Water Efficient Landscape Ordinance: A local Ordinance adopted by two or more local agencies, water suppliers and other stakeholders for implementing a consistent set of landscape provisions throughout a geographical region. Regional ordinances are strongly encouraged to provide a consistent framework for the landscape industry and applicants to adhere to.
Rehabilitated Landscape: Any re-landscaping project that requires a permit.
Residential Landscape: Landscapes surrounding single family homes or multifamily homes where landscapes are managed by individual homeowners.
Runoff: Water that is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a severe slope.
Soil Moisture Sensing Device: A device that measures the amount of water in the WATER SERVICE AND USE RULES AND REGULATIONS No. 24
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soil. The device may also initiate or suspend irrigation.
Soil Texture: The classification of soil based on the percentage of sand, silt, and clay in the soil.
Special Landscape Area (SLA): An area of the landscape dedicated solely to edible plants, areas irrigated with recycled water, water features using recycled water and areas dedicated to active play or high-volume foot traffic such as parks, cemeteries, sports fields, golf courses, and where turf provides a playing surface.
Sprinkler Head or Spray Head: A device which delivers water through a nozzle.
Static Water Pressure: The pipeline or municipal water supply pressure when water is not flowing.
Station: An area served by one valve or by a set of valves that operate simultaneously.
Swimming Pool: Any structure intended for swimming, recreational bathing or wading that contains water over 24 inches (610 mm) deep. This includes in-ground, above ground, and on-ground pools; hot tubs; spa and fixed in place wading pools Submeter: A metering device to measure water applied to the landscape that is installed after the primary utility water meter.
Turf: A ground cover surface of mowed grass. Some examples of turf include annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses.
Valve: A device used to control the flow of water in the irrigation system.
Water Conserving Plant Species: A plant species identified as having a very low or low plant factor.
Water Feature: A design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied).
The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation.
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Watering Window: The Time of day irrigation is allowed.
Wet Surface Area: The surface area of that portion of a water feature that functions to contain water, such as the water surface of a swimming pool, spa or garden pond. For a fountain or other feature with flowing water, wet surface area shall be measured as a two dimensional plane bounded by the perimeter of the area where water has been designed to flow.
WUCOLS: The current version of the Water Use Classification of Landscape Species current edition published by the University of California Cooperative Extension and the Department of Water Resources, available at:
http://ucanr.edu/sites/WUCOLS/Download_WUCOLS_IV_List/
24.D WATER-EFFICIENT DESIGN CHECKLIST
24.D.1 A water-efficient design checklist shall serve as a preliminary summation of select landscape components to determine whether a proposed landscape is generally consistent with the water efficiency goals of these rules and regulations.
24.D.1.(a) All Landscape Projects identified in Santa Clara City Code Section 18.88, Landscaping Permit, shall include a completed water efficient design checklist. Building permits for new dwellings shall also include a completed water efficient design checklist.
24.D.1.(b) The checklist shall be completed by a property owner or certified landscape professional, and shall be submitted to the Planning Division along with the associated Planning
Application.
24.E COMPONENTS OF A LANDSCAPE PROJECT SUBMITTAL
24.E.1 Landscape project submittal consists of the following items.
24.E.1.(a) Water-Efficient Design Checklist (section 24.D).
24.E.1.(b) Landscape and Irrigation Design Plans which are required for landscape projects greater than 500 square feet (see section
24.H).
24.E.1.(c) Landscape and Irrigation Maintenance Schedule (section
24.L).
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24.E.1.(d) Landscape Installation Report (section 24.K). Shall be submitted following installation of landscaping materials and irrigation hardware.
24.E.1.(e) Water Budget Calculations (Section 24.I). Not required if plant type restriction option (section 24.F.1.(a)) is utilized.
24.E.1.(f) Soil Analysis Report (section 24.J). Only required when requested by City as a condition of permit approval.
24.E.1.(g) Landscape Audit Report (Section 24.O)
24.E.1.(h) Grading Design Plan
24.E.1.(i) Landscape Permit Fee is required when submitting a Landscape Permit.
24.E.1.(j) Application with Project information, Date, Project applicant name, telephone, and mailing address, project address, project type, total landscape area in square feet, water supply type, checklist of all documents in the Landscape Documentation Package, project contacts to include in contact information for the project applicant and property owner, and Applicant signature with the statement, “I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Documentation Package”
24.E.2 The City shall:
24.E.2.(a) Provide the project applicant with the Landscape Project Application and Documentation Package requirements
24.E.2.(b) Provide procedures for permits, plan checks, design reviews, or new or expanded water service;
24.E.2.(c) Review the Landscape Project Application;
24.E.2.(d) Approve or deny the project applicant’s Landscape Project Application submittal;
24.E.2.(e) Issue or approve a permit, plan check or design review that complies with the approved Landscape Project Application or approve a new or expanded water service application that WATER SERVICE AND USE RULES AND REGULATIONS No. 24
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complies with the approved Landscape Project Application;
24.E.3 The Project Applicant shall:
24.E.3.(a) Prior to construction, submit all portions of the Landscape Project Application, except the Landscape Audit Report
24.E.3(b) Upon approval of the Landscape Project Application by the City, (1) receive a permit or approval of the plan check or design review and record the date of the permit in the
Certificate of Completion; and (2); submit a copy of the approved Landscape Documentation Package along with the record drawings, and other information to the property owner or his/her designee
24.F DEMONSTRATION OF LANDSCAPE WATER EFFICIENCY
24.F.1 Applicants of projects subject to these rules and regulations may choose one of the following two options to demonstrate that a landscape proposal meets water-efficiency goals.
24.F.1.(a) Plant Type restriction option: The plan, checklist and any accompanying documentation must demonstrate all of the
following as a means of achieving water efficiency.
24.F.1.(a)(i) The total turf area shall not exceed 25% of the landscape area, or 1,250 square feet, whichever is
lesser in area.
24.F.1.(a)(ii) Turf or high-water using plants are prohibited outside of the allowed turf area.
24.F.1.(a)(iii) Within non-turf areas, at least 80% of the plants shall be native, low water-using or no-water using.
24.F.1.(a)(iv) All other applicable design criteria of Section 24.G, Water-Efficient Design Elements, shall be met.
24.F.1.(b) Water Budget option: Project applicants may elect to prepare a water budget calculation, per the provisions of Section 24.I, Water Efficient Design Checklist, as a means of demonstrating water efficiency.
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24.G WATER EFFICIENT DESIGN ELEMENTS
24.G.1 The elements of a landscape project shall be designed to achieve water efficiency consistent with the intent of these Rules and Regulations.
24.G.1.(a) Plant Material:
24.G.1.(a)(i) Plants shall be chosen and arranged appropriately based upon the site’s climate, soil characteristics, sun exposure, wildfire susceptibility, topographical
conditions and other factors. Plants with similar
water needs shall be grouped within hydrozones.
Methods to achieve water efficiency shall include one
or more of the following: use the Sunset Western
Climate Zone System which takes into account
temperature, humidity, elevation, terrain, latitude,
and varying degrees of continental and marine
influence on local climate; recognize the horticultural attributes of plants to minimize damage to property
or infrastructure, allow for adequate soil volume for
healthy root growth; consider the solar orientation for plant placement to maximize summer share and
winter solar gain.
24.G.1.(a)(ii) The turf area shall not be more than 25% of the landscape area, or 1,250 square feet, whichever is
lesser in area, unless the project applicant develops a water budget per Section 24.I Water Budget
Calculation.
24.G.1.(a)(iii) Turf shall not be planted on slopes greater than 25% where the toe of the slope is adjacent to an
impermeable hardscape and where 25% means 1 foot
of vertical elevation change for every 4 feet of
horizontal length (rise divided by run x 100 = slope
percent)
24.G.1.(a)(iv) No portions of turf areas shall be less than eight feet wide.
24.G.1.(a)(v) At least 80% of the plants in non-turf landscape areas shall be native plants, or low water using plants,
unless the project applicant develops a water budget
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and the ETWU of the landscaped area does not
exceed the MAWA.
24.G.1.(a)(vi) The horticultural attributes of plant species (e.g., mature plant size, invasive roots, structural attributes) shall be considered, in order to minimize the potential for damage to property or infrastructure (e.g.,
buildings, septic systems, sidewalks, power lines).
24.G.1.(a)(vii) Fire-prone plant materials and highly flammable mulches are strongly discouraged. In designated
wildland urban interface areas, plants shall be
selected, arranged and maintained to provide
defensible space for wildfire protection, in
conformance with Public Resources Code Section
4291.
24.G.1.(a)(viii)Installation of invasive plant species shall be prohibited.
24.G.1.(a)(ix) Existing invasive plants and noxious weeds within or adjacent to the proposed landscape area shall be
removed prior to installation, to minimize potential
for spread into installation area.
24.G.1.(a)(x) The architectural guidelines, conditions, covenants or restrictions of a common interest development shall
not supersede this division. For example, a common
interest development may not prohibit low water use
plants, or include conditions that have the effect of
restricting the use of low water use plants.
24.G.1.(a)(xi) High water use plants, characterized by a plant factor of 0.7 to 1.0 are prohibited on street medians
24.G.1.(a)(xIi) Methods to achieve water efficiency shall include one or more of the following: Protection and preservation
of native species and natural vegetation; selection of
water-conserving plant, tree and turf species,
especially local native plants; selection of plants
based on local climate suitability, disease, and pest
resistance; selection of trees based on applicable local WATER SERVICE AND USE RULES AND REGULATIONS No. 24
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tree ordinances or tree shading guidelines; size at
maturity as appropriate for the planting area; and
selection of plants from local and regional landscape
program lists; and selection of plants from local Fuel
Modification Plan Guidelines.
24.G.1.(b) Irrigation System: An irrigation system shall meet all of the requirements listed in this section and the manufacturers’ recommendations. The irrigation system and its related
components shall be planned and designed to allow for proper installation, management and maintenance. In addition:
24.G.1.(b)(i) The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar
conditions.
24.G.1.(b)(ii) Irrigation systems shall be designed, maintained and managed to meet or exceed an average landscape
irrigation efficiency of 70%.
24.G.1.(b)(iii) Low-volume irrigation shall be required in mulched areas, in areas with slope greater than 25%, or in any
narrow or irregularly shaped areas that are less than
ten (10) feet in width in any direction. Irrigation
emitters within 24 inches of a non-permeable surface
shall be either low-volume, or designed to preclude
wasteful overspray and runoff.
24.G.1.(b)(iv) The irrigation hardware for each hydrozone shall include a separate valve. Where feasible, trees shall
be placed on separate valves from shrubs,
groundcovers, and other plant types.
24.G.1.(b)(v) Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data for
irrigation scheduling are required.
24.G.1.(b)(vi) Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation
during unfavorable weather conditions shall be
required on all irrigation systems.
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24.G.1.(b)(vii) Whenever possible, landscape irrigation shall occur between the hours of 6:00 p.m. and 10:00 a.m.,
unless climatic conditions or unfavorable weather
(e.g. high wind, extreme temperature) prevents it or
otherwise renders irrigation unnecessary. Operation
of the irrigation system outside the normal watering
window is allowed for auditing and system
maintenance.
24.G.1.(c) Soil, conditioning, and mulching:
24.G.1.(c)(i) At the time of installation, a minimum of eight (8) inches of non-compacted topsoil shall be available
for water absorption and root growth in planted areas.
The City may waive this requirement where a
landscape professional has determined that practical
limitations (e.g., slope, other geotechnical factors)
necessitate a lesser soil depth that is viable for the
chosen plant materials.
24.G.1.(c)(ii) Soil amendments, such as compost or fertilizer, shall be appropriately added according to the soil
conditions at the project site and based on what is
appropriate for the selected plants.
24.G.1.(c)(iii) A minimum three (3)-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas, except in areas of direct seeding application (e.g.
hydro-seed).
24.G.1.(c)(iv) Stabilizing mulching products shall be used on slopes that meet current engineering standards.
24.G.1.(d)(v) Organic mulch materials made from recycled or postconsumer shall take precedence over inorganic materials or virgin forest products unless recycled or
post-consumer material is not locally available.
Organic mulches are not required where prohibited
by local Fuel Modification Plan Guidelines or other
applicable local ordinance
24.G.1.(c)(v) Prior to planting of any materials, compacted soils WATER SERVICE AND USE RULES AND REGULATIONS No. 24
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shall be transformed to a friable condition. On
engineered slopes, only amended planting holes need
meet this requirement.
24.G.1.(d) Hydrozones:
24.G.1.(d)(i) Hydrozones shall group plant materials of similar water use, and shall generally demarcate areas of
similar slope, sun exposure, soil, and other site
conditions appropriate for the selected plants.
24.G.1.(d)(ii) The flow of water to each hydrozone shall be controlled by a separate valve.
24.G.1.(d)(iii) Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant
type within that hydrozone.
24.G.1.(d)(iv) Within a hydrozone, low and moderate water use plants may be mixed, but all plants within that
hydrozone shall be classified as moderate water use
for MAWA calculations. High water use plants shall
not be mixed with low or moderate water use plants.
24.G.1.(e) Water Features:
24.G.1.(e)(i) Recirculating water systems shall be used for water features.
24.G.1.(e)(ii) The wet surface area of a water feature shall be counted as an area of high water use plants for
purposes of a water budget calculation, except as
provided in 24.G.1.(e)(iii), below.
24.G.1.(e)(iii)The wet surface area of a pool or spa with a cover shall be counted as an area of medium water use
plants for purposes of a water budget calculation.
24.G.1.(e)(iv) Pool and spa covers are required on any newly constructed pool or spa.
24.G.1.(e)(v) Recycled water shall be used for decorative water features where recycled water is made available,
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meets all applicable standards for those uses and is
determined to be suitable and economically feasible.
24.H LANDSCAPE AND IRRIGATION DESIGN PLANS
24.H.1 Landscape and irrigation design plans are required of landscape projects larger than 500 square feet when associated with applications for [major project permit types, e.g., design review, grading permit, or use permit], and building permits for new dwellings. The landscape and irrigation design plan shall be prepared as follows:
24.H.1.(a) The landscape and irrigation design plans shall incorporate all applicable elements of Section 24.G Water-Efficient Design Elements.
24.H.1.(b) The landscape design portion shall be prepared by, and bear the signature of, a licensed landscape architect, licensed landscape contractor, or any other person authorized by the State of California to design a landscape.
24.H.1.(c) The irrigation design portion shall be prepared by, and bear the signature of, a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized by the State of California to design an irrigation system.
24.H.1.(d) The landscape design portion of the landscape and irrigation design plan, at a minimum, shall:
24.H.1.(d)(i) Provide basic project information, such as applicant name, site address, total landscape area and turf area
(square feet), irrigation water source (e.g. municipal, well, recycled), and project contacts.
24.H.1.(d)(ii) Identify, in tabular form, all plants to be installed as part of the project. The table shall include the
following:
(1) Symbol (representing the plant on the plan).
(2) Common name.
(3) Botanical name.
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(4) Container size.
(5) Quantity.
(6) Type (e.g. grass, forb, succulent, vine, shrub,
tree).
(7) Water-efficient species identification. All
“Native” and “Low Water Use” plant species
(defined in section 24.C Definitions) shall be so
labeled.
(8) Unique physical specifications of plants (e.g.,
bare-root, field-potted, multi-trunk), if applicable.
24.H.1.(d)(iii) The landscape and irrigation design plan shall include the following:
(1) General notes, planting notes, plant layout based
on size at maturity, species, and symbol legend.
(2) Spacing of proposed plantings.
(3) Topography
(4) Trunk diameter of all existing trees whose trunk
circumference is greater than 18.5 inches,
measured 54 inches above grade.
(5) Existing features to remain, such as trees,
fencing, hardscape, etc.
(6) Existing features to be removed.
(7) Identification of pertinent site factors such as sun exposure, microclimate, property lines, buildings,
underground/above-ground utilities, existing
drainage features, etc.
(8) Proposed grading. For earthwork exceeding 150
cubic yards, or for cuts or fills exceeding five
vertical feet, a grading permit will be required.
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(9) Seed mix, if applicable.
24.H.1.(d)(iv) Delineate and label each hydrozone; Designate the areas irrigated by each valve and assign a number to
each valve. Use this valve number in the Hydrozone
Information Table (see Appendix B Section A).
24.H.1.(d)(v) Identify each hydrozone as low water, moderate water, high water, or mixed (low/moderate) water
use, as defined by WUCOLS;
24.H.1.(d)(vi) Identify special landscape areas;
24.H.1.(d)(vii) Identify type of mulch and application depth;
24.H.1.(d)(viii) Identify soil amendments, type and quantity;
24.H.1.(d)(ix)Identify type and wet surface area of water features;
24.H.1.(d)(x) Identify hardscapes (pervious and non-pervious); and
24.H.1.(d)(x) Contain the following statement: “I have complied with the criteria of the Water Service and Use Rules
and Regulations for Water Conservation in
Landscaping and applied them for the efficient use of
water in the landscape design plan.”
24.H.1.(e) The design of the irrigation system shall conform to the hydrozones of the landscape design plan. The irrigation design portion of the landscape and irrigation design plan, at a minimum, shall contain:
24.H.1.(e)(i) Location, type and size of all components of the irrigation system, including controllers, main and
lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure
regulators, and backflow prevention devices;
24.H.1.(e)(ii) Static water pressure at the point of connection to the public water supply;
24.H.1(e)(iii) Manual shut-off valves as close as possible to the point of connection of the water supply, to minimize
water loss in case of an emergency or routine repair;
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24.H.1(e)(iv) Landscape water meters shall be installed at all nonresidential irrigated landscapes and residential irrigation landscapes of 5,000 square feet or larger.
24.H.1(e)( v) Flow sensors that detect high flow conditions created by system damage or malfunction (for non-residential
landscapes and residential landscapes of 5,000 square
feet or larger)
24.H.1.(e)(vi)Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per
square inch) for each station;
24.H.1.(e)(vii) Master shut-off valves for all projects except landscapes that make use of technologies that allow
for the individual control of sprinklers that are
individually pressurized in a system equipped with
low pressure shutdown features.
24.H.1.(e)(viii)Irrigation schedule;
24.H.1.(e)(ix)Location and size of separate water meters for landscape (if applicable); and,
24.H.1.(e)(x)The following statement: “I have complied with the criteria of the Water Service and Use Rules and
Regulations for Water Conservation in Landscaping
and applied them accordingly for the efficient use of
water in the irrigation design plan.”
24.H.1.(f) Grading. If the landscape project area will be graded, then, at a minimum, grading contours and quantities shall be
shown on the landscape design plan. Grading shall meet all applicable requirements of the City. A geotechnical engineer should be consulted prior to the installation of landscaping materials and irrigation hardware on slopes greater than 50%, or in any areas where slope stability may be
compromised.
24.H.1.(g) Storm Water Management. Storm water best management practices shall be incorporated as appropriate into the landscape installation, the details of which shall be shown on the landscape design plan. Practices that increase rainwater capture and retention are encouraged. Installation shall be subject to the City's National Pollutant Discharge
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Elimination System (NPDES) storm water discharge permit requirements.
24.I WATER BUDGET CALCULATION
24.I.1. A Project applicant shall complete a water budget calculation for the landscape project as required per section 24.F Demonstration of Landscape Efficiency A water budget must be completed by a certified professional who is authorized by the State of California to complete a water budget.
Water budget calculations shall adhere to the following requirements:
24.I.1.(a) The plant factor used shall be from WUCOLS. The plant factor ranges from 0.0 to 0.1 for very low water using plants, 0.1 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants.
24.I.1.(b) The wet surface area of a water feature shall be counted as an area of high water using plants for purposes of a water budget calculation, except as provided in section 24.I.1(c), below.
24.I.1.(c) The wet surface area of a pool or spa with a cover shall be counted as an area of medium water using plants for purposes of a water budget calculation.
24.I.1.(d) Where low and moderate water use plants are be mixed within a single hydrozone, the entire hydrozone area shall be classified as moderate water use for purposes of a water budget calculation. All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the flow water use hydrozone. High water use plants shall not be mixed with low or moderate water use plants.
24.I.1.(e) All special landscape areas shall be identified and their water use included in the water budget calculations.
24.I.1.(f) The reference evapotranspiration adjustment factor (ETAF) for special landscape areas shall not exceed 1.0. The ETAF for the remaining landscaped area shall not exceed 0.55 for residential areas and 0.45 for non-residential areas.
24.I.1.(g) Irrigation system efficiency shall be greater than or equal to 70%.
24.I.1.(h) Maximum Applied Water Allowance (MAWA) shall be calculated WATER SERVICE AND USE RULES AND REGULATIONS No. 24
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using the equation below:
For Residential Areas:
MAWA = (ETo) (0.62) [(0.55 x LA) + (0.45 x SLA)]
For Non-Residential Areas:
MAWA = (ETo) (0.62) [(0.45 x LA) + (0.55 x SLA)]
Where:
MAWA = Maximum Applied Water Allowance
(gallons per year)
ETo = Reference Evapotranspiration (inches per year)
0.62 = Conversion Factor (acre-inches to gallons)
0.55 = Reference Evapotranspiration Adjustment Factor for residential areas
0.45 = Reference Evapotranspiration Adjustment Factor for nonresidential areas LA = Landscape Area including SLA (square feet)
0.45 = Additional Water Allowance for SLA in residential areas
0.55 = Additional Water Allowance for SLA in non-residential areas
SLA = Special Landscape Area (square feet)
24.I.1.(i) A project applicant may consider effective precipitation (25% of annual precipitation) in tracking water use and may use the following equation to calculate the MAWA:
MAWA = (ETo - Eppt) (0.62) [(0.55 x LA) + (0.45 x SLA)] for residential areas
MAWA = (ETo - Eppt) (0.62) [(0.45 x LA) + (0.45 x SLA)] for non-residential areas
ETo values from the Reference Evapotranspiration Table in Appendix A shall be used in calculating the Maximum Applied Water Allowance (MAWA) and Estimated Total Water Use
(ETWU)
24.I.1.(j) Estimated Total Water Use (ETWU) shall be calculated for each hydrozone using the equation below. The sum of the ETWU calculated for all hydrozones shall not exceed the MAWA.
Where:
ETWU = Estimated Total Water Use per year (gallons)
ETo = Reference Evapotranspiration (inches)
PF = Plant Factor from WUCOLS
= + SLA
IE
PF x HA ETWU ETo )62.0)((
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HA = Hydrozone Area
[high, medium, and low water use areas] (square feet)
SLA = Special Landscape Area (square feet)
0.62 = Conversion Factor
IE = Irrigation Efficiency (minimum 0.70)
24.J SOIL ANALYSIS
24.J.1. In order to reduce runoff and encourage healthy plant growth, The City shall have discretion to require soil analysis as a condition of approval for any [major project permit types, e.g., grading permit, or use permit], where a landscape project submittal is required (Appendix E).
24.J.2 A soil analysis report shall document the various characteristics of the soil (e.g. texture, infiltration rate, pH, soluble salt content, percent organic matter, etc), and provide recommendations for amendments as appropriate to optimize the productivity and water-efficiency of the soil. Soil samples shall be submitted to a laboratory for analysis and recommendations.
Sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants. The soil analysis report shall be made available to the professionals preparing the landscape and irrigation design plans in a timely manner either before or during the design process. A copy of the soils analysis report shall be submitted to the City as part of the landscape documentation package.
24.J.3 In projects with multiple landscape installations (i.e. product home developments) a soil sampling rate of 1in 7 lots or approximately 15% will satisfy this requirement. Large landscape projects shall sample at a rate equivalent to 1 in 7 lots.
24.J.4 The project applicant or his/her designee shall comply with one of the following:
24.J.4.(a) If significant mass grading is not planned, the soil analysis report shall be submitted to the local agency as part of the Landscape Documentation; or
24.J.4.(b) If significant mass grading is planned, the soil analysis report shall be submitted to the local agency as part of the
Certificate of Completion
24.J.4.(c) The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans.
24.J.4.(d) The project applicant, or his/her designee, shall submit WATER SERVICE AND USE RULES AND REGULATIONS No. 24
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documentation verifying implementation of soil analysis report recommendations to the local agency with the
Certificate of Completion.
24.K. LANDSCAPE INSTALLATION REPORT
24.K.1. A Landscape installation assessment for new or rehabilitated landscapes shall be conducted by a certified landscape professional after the landscaping and irrigation system have been installed. The findings of the assessment shall be consolidated into a Landscape Installation Report.
24.K.1.(a) The Landscape Installation Report shall include, but is not limited to: inspection to confirm that the landscaping and irrigation system were installed as specified in the landscape and irrigation design plan, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule.
24.K.1.(b) The Landscape Installation Report shall include the following statement: “The landscape and irrigation system has been installed as specified in the landscape and irrigation design plan and complies with the criteria of the Water Service Rules and Regulations for Water Conservation in Landscaping.”
24.K.1.(c) The City of Santa Clara shall administer ongoing programs that may include, but not be limited to, post-installation landscape inspection, irrigation water use analysis, irrigation audits, irrigation surveys and water budget calculations to evaluate compliance with the MAWA.
24.L LANDSCAPE AND IRRIGATION MAINTENANCE
24.L.1. Landscapes shall be maintained to ensure successful establishment following installation, and to ensure water use efficiency consistent with these Rules and Regulations. A maintenance schedule shall be established and submitted to the City either with the landscape application package, with the Landscape Installation Report, or any time before the landscape installation report is submitted. Maintenance contract documentation shall be provided to the City if so requested.
24.L.1.(a) Maintenance shall include, but not be limited to the following:
routine inspection; pressure testing, adjustment and repair of the irrigation system; aerating and de-thatching turf areas; replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest WATER SERVICE AND USE RULES AND REGULATIONS No. 24
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control; and removing obstructions to emission devices.
24.L.1.(b) Failed plants shall be replaced with the same or functionally equivalent plants that may be size-adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall either be replaced, or be revived through appropriate adjustments in water, nutrients, pest control or other factors as recommended by a landscaping professional.
24.L.2. For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission devices, flow rate, and current reference evapotranspiration, so that applied water meets the Estimated Total Water Use. Total annual applied water shall be less than or equal to Maximum Applied Water Allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current evapotranspiration data or soil moisture sensor data.
24.L.3. Parameters used to set the automatic controller shall be developed and submitted for each of the following:
24.L.3.(a) Plant establishment period; established landscape; and temporarily irrigated areas
24.L.4. Each irrigation schedule shall consider for each station all of the following that apply:
24.L.4.(a) irrigation interval; irrigation run times,; number of cycle starts required for each irrigation event to avoid run off; amount of applied water scheduled to be applied on a monthly basis; application rate setting; root depth setting; plant type setting; soil type; slope factor setting; shade factor setting; and irrigation uniformity or efficiency setting.
24.M LANDSCAPE PROJECT REFERRAL
24.M.1. The City shall refer the landscape project documents to any City department or outside agency whose interests or area of expertise warrants their participation in the review process. Referral agencies may include, but are not limited to, Santa Clara Valley Water District and Santa Clara Fire Department.
24.N LANDSCAPE PROJECT REVIEW FEE
24.N. A landscape project review fee shall be required by the schedule of fees established by resolution of the City Council.
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24.O AUDIT OF EXISTING LANDSCAPES
24.O.1. This section shall apply to all existing landscapes that were installed before the effective date of this Ordinance and are over one acre in size. The City shall be authorized to require audits to evaluate water use on established landscapes larger than one acre. Such audit may be also be initiated as a coordinated effort between the City and a water purveyor (e.g., Santa Clara Valley Water District, as part of the Water District’s established outdoor water conservation programs). When such audit is required, it must be completed by a certified landscape irrigation auditor. All existing landscapes over one acre in size, even if installed before the enactment of this Ordinance, shall maintain landscape irrigation facilities to prevent water waste and runoff.
24.O.2. Following the findings and recommendations of the certified landscape irrigation auditor, the City may require adjustments to irrigation usage, irrigation hardware, and/or landscape materials to reduce irrigation water use. Landscape renovation or rehabilitation resulting from such audit activity shall be considered a Landscape Project, and shall be subject to applicable document submittal requirements of Section 24.E Components of Landscape Project Submittal.
24.O.3. For established landscapes that have dedicated irrigation meters, the maximum applied water allowance (MAWA) shall be calculated as follows:
MAWA= (ETo) (0.62) (LA) (0.8)
Where:
MAWA = Maximum Applied Water Allowance (gallons per year) ETo = Reference Evapotranspiration (inches per year)
0.62 = Conversion Factor (acre-inches to gallons)
LA = Landscape Area (square feet)
0.7 = Reference Evapotranspiration Adjustment Factor (ETAF)
24.O.4 Water Waste Prevention
24.O.4.(a) Restrictions regarding overspray and runoff may be modified if:
24.O.4.(a)(i) The landscape area is adjacent to permeable surfacing and no run off occurs; or
24.O.4.(b)(ii) the adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping.
24.O.5. The Landscape Audit Report shall include the following statement: “The landscape and irrigation system has been installed as specified in the Landscape and Irrigation Design Plan and complies with the criteria of the WATER SERVICE AND USE RULES AND REGULATIONS No. 24
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Ordinance and the permit.”
24.P CERTIFICATE OF COMPLETION
24.P.1 The Certificate of Completion (see Appendix C for sample certificate) Project Information sheet shall include the following six (6) elements:
24.P.1.(a) Project Information sheet contains:
24.P.1.(a)(i) Date
24.P.1.(a)(ii) Project name
24.P.1.(a)(iii) Project applicant name, telephone, and mailing address;
24.P.1.(a)(iv) Project address and location; and
24.P.1.(a)(v) Property owner name, telephone, and mailing address;
24.P.1.(b) Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved Landscape Documentation
Package;
24.P.2.(b)(i) Where there have been significant changes made in the field during construction, these “as-built” or
record drawings shell be included with the
certification;
24.P.2.(b)(ii) A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for
subsequent management purposes
24.P.1.(c) Irrigation scheduling parameters used to set the controller
24.P.1.(d) Landscape Irrigation Maintenance Schedule (Section 24.L)
24.P.1.(e) Irrigation Audit Report (Section 24.O)
24.P.1.(f) Soil analysis report, if not submitted with Landscape Documentation Package, and documentation verifying
implementation of soil report recommendations (Section
24.J)
24.P.2 The project applicant shall:
24.P.2.(a) Submit the signed Certificate of Completion to the City for review;
24.P.2.(b) ensure the copies of the approved Certificate of Completion are submitted to the local water purveyor and property owner for his or her designee
24.P.3 The City of Santa Clara shall:
24.P.3.(a) Receive the signed Certificate of Completion from the applicant;
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24.P.3.(b) approve or deny the Certificate of Completion. If the Certificate of Completion is denied, the City of Santa Clara shall provide information to the project applicant regarding reapplication, appeal; or other assistance.
24.Q RECYCLED WATER
24.Q.1. The installation of recycled water irrigation systems shall allow for the current and future use of recycled water
24.Q.2. All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and state laws
24.Q.3 Landscapes using recycled water are considered Special Landscape Areas.
The ET Adjustment Factor for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0
24.R ENVIRONMENTAL REVIEW
24.R.1. The City must comply with the California Environmental Water Quality (CEQA), as appropriate
24.S PUBLIC EDUCATION
24.S.1. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management, and maintenance to save water is encouraged in the community. The City shall provide information to all applicants regarding the design, installation, management and maintenance of water-efficient landscapes and irrigation systems. This shall include, and is not limited to, promoting the use of recycled water and the efficient use of water through water conservation incentive programs offered by the City or the Santa Clara Valley Water District.
24.S.2. All model homes that are landscaped shall have signs installed that provide information on the principles of water-efficient landscaping.
24.T PENALTIES
24.T.1 Non-compliance with any applicable provision of the Water Service and Use Rules and Regulations shall constitute a violation of the City Code shall be subject to enforcement action and/or permit revocation.
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APPENDIX A: REFERENCE ETO TABLE
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Annendix A• Reference Evapotnmspintion ffiTo Table*
Annaal
Cot1nt. and Citv Jon Feb Mor Aur Mov Jun I Au•
- Ocr No,, Dec ETo
ALAMEDA
Fremont 1.5 1.9 3.4 4.7 5.4 6.3 6.7 6.0 4.5 3.4 1.8 1.5 47.0 Livermore 1.2 1.5 2.9 4.4 5.9 6.6 7.4 6.4 5.3 3.2 1.5 0.9 47.2 oakland 1.5 I.S 2.8 3.9 5.1 5.3 6.0 5.5 4.8 3.1 1.4 0.9 41.8 Oakland Foochills I.I 1.4 2.7 3.7 5.l 6.4 5.8 4.9 3.6 2.6 1.4 1.0 39.6 Pl,osanMn 0.8 I.S 2.9 4.4 5.6 6.7 7.4 6.4 4.7 3.3 1.5 1.0 46.2 Union City l.4 1.8 3.1 4.2 5.4 5.9 6.4 5.7 4.4 3.1 1.5 1.2 44.2 ALPINE
Markleeville 0.7 0.9 2.0 3.5 5.0 6.1 13 6.4 4.4 2.6 1.2 0.5 40.6 AMADOR
Jackwn 1.2 l.S 2.8 4.4 6.0 7.2 7.9 1.2 5.3 3.2 1.4 0.9 48.9 Shanandooh Valley 1.0 1.7 2.9 4.4 5.6 6.8 7.9 7.1 5.2 3.6 1.7 1.0 48.8 BUTfE
Chko 12 1.3 2.9 4.7 6.1 7.4 8.5 7.) 5.4 3.7 1.7 1.0 51.7 Durham I.I 1.3 3.2 5.0 6.S 7.4 7.8 6.9 5.3 3.6 1.7 1.0 51.1 Gridley 12 1.3 3.0 4.7 6.1 7.7 8.5 7.1 5.4 3.7 1.7 1.0 51.9 Oroville 1.2 1.7 2.8 4.7 6.1 7.6 8.5 7.3 5.3 3.7 1.7 1.0 51.5
CALAVERAS
San Andreas 12 u 2.8 4.4 6.0 7.3 7.9 7.0 5.3 3.2 1.4 0.7 48.8 COLUSA
Colusa l.O l.7 3.4 5.0 6.4 7.6 8.3 12 5.4 3.8 1.3 I.I 52.8 Williams 12 l.7 2.9 4.S 6.1 7.2 S.5 7.3 53 3.4 1.6 1.0 50.8
CONTRA COSTA
Brentwood 1.0 1.5 2.9 4.5 6.1 7.1 7.9 6.7 5.2 3.2 1.4 0.7 48.3 Concord I.I l.4 2.4 4.0 5.S 5.9 7.0 6.0 4.8 3.2 1.3 0.7 43.4 Courtland 0.9 l.S 2.9 4.4 6.1 6.9 7.9 6.7 5.3 3.2 1.4 0.7 48.0 Martinez 1.2 1.4 2.4 3.9 S.3 5.6 6.7 S.6 4.7 3.1 1.2 0.7 41.S Mora&" 12 1.5 3.4 4.2 B 6.1 6.7 5.9 4.6 3.2 1.6 1.0 44.9 Pittsburg 1.0 1.5 2.8 4.1 5.6 6.4 7.4 6.4 5.0 3.2 1.3 0.7 45.4 Walnut Creek 0.8 l.S 2.9 4.4 S.6 6.7 7.4 6.4 4.7 3.3 1.5 1.0 46.2 DELNORTI!
CreooentCity 0.5 0.9 2.0 3.0 3.7 3.S 4.3 3.7 3.0 2.0 0.9 o.s 27,7
ELDORADO
Camino 0.9 1.7 2.S 3,9 5.9 7.2 7.8 6.8 5.1 3.1 1.5 0,9 47.3 FRESNO
Clovis 1.0 15 3.2 4.8 6.4 7.7 8.5 7.3 5.3 3.4 l.4 0.7 51.4 Coalinga 1.2 1.7 3.1 4.6 6.2 7.2 8.5 73 s., 3.4 1.6 0.7 50.9 Firebaugh 1.0 l.S 3.7 5.7 7.3 8.1 8.2 7.2 5.5 3.9 2.0 I.I 55.4 FivePoints 1.3 2.0 4.0 6.1 7.7 8.5 8.7 8.0 6.2 4.5 2.4 1.2 60.4 Fresno 0.9 1.7 3.3 4.8 6.7 7.8 8.4 7.1 5.2 3.2 1.4 0.6 SI.I Fresno State 0.9 l.6 3.2 5.2 7.0 8.0 8.7 7.6 5.4 3.6 1.7 0.9 53.7 Friant 1.2 u 3.1 4.7 6.4 7.7 8.5 7.3 5.3 3.4 1.4 0.7 51.3 Kerman 0.9 u 32 4.8 6.6 7.7 8.4 12 5.3 3.4 1.4 0,7 51.2 Kingsbu,g 1.0 1.S l.4 4.8 6.6 7.7 8.4 7.2 5.3 3.4 1.4 0.7 51.6 Mendoto 1.5 2.5 4.6 6.2 7.9 8.6 8.8 7.5 5.9 4.5 2.4 1.5 61.7 Orange Cove 1.2 1.9 3.5 4.7 7.4 8.5 8.9 7.9 5.9 3.7 1.8 1.2 56.7 Panoche I.I 2.0 4.0 5.6 7.8 8.5 8.3 7.3 S.6 3.9 1.8 1.2 57.2 Parlier 1.0 1.9 3.6 5.2 6.8 7.6 8.1 7.0 5.1 3.4 1.7 0.9 52.0 WATER SERVICE AND USE RULES AND REGULATIONS No. 24
24. WATER CONSERVATION IN LANDSCAPING (Continued)
WATER SERVICE AND USE RULES AND REGULATIONS
City Council Resolution # 16-8292 (02/09/16)
Latest Revision: 01/25/16 Page 101
Anneoob A - Reference Evaootramuiration (ETo Table*
Annual
Coo lv and Cilv Jan Feb Mar A1>r Ma• Jon Jul Ano Sen Od No• Dec £To FRESNO
Reodh:y l.] 1.5 3.2 4.7 6.4 7.7 8.5 7.3 5.3 3.4 1.4 0.7 51.3 Westlamls 0.9 1.7 3.8 63 S.O S.6 8.6 7.& 5.9 4.3 2.1 I.I 58.8 GLENN
Orland I.I 1.8 3.4 5.0 6.4 7.5 7.9 6.7 5.3 3.9 1.8 1.4 52.1 Willows 1.2 1.7 2.9 4.7 6.1 7.2 8.5 7.3 5.3 3.6 1.7 1.0 51.3
HUMBOLDT
F.uroka 0.5 I.I 2.0 3.0 3.7 3.7 3.7 3.7 3.0 2.0 0.9 0.5 27.5 Ferndale 0.5 I.I 2.0 3.0 3.7 3.7 3.7 3.7 3.0 2.0 0.9 0.5 27.5 Garberville 0.6 1.2 2.2 3.1 4.S 5.0 5.5 4.9 3.8 2.4 1.0 0.7 34.9 Hoopa 0.5 I.I 2.1 3.0 4.4 5.4 6.1 5.1 3.& 2.4 0.9 0.7 35.6
IMPERIAL
Brawley 2.8 3.8 5.9 &.O 10.4 11.5 11.7 10.0 &.4 6.2 3.S 2.1 84.2 Calipotrla(Mul>e,ry 2.4 3.2 5.1 6.8 8.6 9.2 9.2 8.6 7.0 S.2 3.1 2.3 70.7 El Centro 2.7 3.5 S.6 7.9 JO.I II.I 11.6 9.5 S.3 6.1 3.3 2.0 Sl.7 Holt>ille 2.8 3.8 S.9 7.9 10.4 11.6 12.0 10.0 8.6 6.2 3.5 2.1 84.7 Meloland 2.5 3.2 5.S 7.5 8.9 9.2 9.0 8.5 6.8 5.3 3.1 2.2 71.6 Palo Veode II 2.5 3.3 5.7 6.9 8.5 8.9 S.6 7.9 6.2 4.5 2.9 2.3 68.2 Seeley 2.7 3.:5 5.9 7.7 9.7 10.1 9.3 8.3 6.9 55 3.4 2.2 75.4 Westmoreland 2.4 3.3 5.3 6.9 8.7 9.6 9.6 3.7 6.9 :5.0 3.0 2.2 71.4 Yuma 2.5 3.4 5.3 6.9 8.7 9.6 9.6 8.7 6.9 5.0 3.0 2.2 71.6 INYO
Bishop 1.7 2.7 4.8 6.1 8.2 10.9 7.4 9.6 7.4 4.8 2.5 1.6 68.3 Dean, Valley Jc1 2.2 3.3 5.4 7.7 9.8 II.I 11.4 IO.I 1.3 5.4 2.9 1.7 79.1 Independence 1.7 2.7 3.4 6.6 8.5 9.S 9.8 8.5 7.1 3.9 2.0 1.5 65.2 Lo- Haiwee Res. 1.8 2.7 4.4 7.1 8.5 9.5 9.8 3.5 7.1 4.2 2.6 1.5 67.6 ~is 2.7 2.8 5.9 8.0 10.4 11.7 11.6 10.0 8.4 6.2 3.4 2.1 83.1 KERN
Arvin 1.2 1.8 3.5 4.7 6.6 7.4 8.1 7.3 5.3 3.4 1.7 1.0 51.9 Bakersfield 1.0 1.8 3.5 4.7 6.6 7.7 8.5 7.3 5.3 3.5 1.6 0.9 52.4 Bakersfield/Bonanza 1.2 2.2 3.7 5.1 7.4 8.2 8.7 7.8 5.7 4.0 2.1 1.2 57.9 Bakersfield/Greenlee 1.2 2.2 3.7 S.1 7.4 8.2 8.7 7.8 S.7 4.0 2.1 1.2 57.9 Bolridgo 1.4 2.2 4.1 5.S 7.7 8.5 8.6 7.8 6.0 3.8 2.0 1.5 59.2 Blaclcwells Comer 1.4 2.1 3.8 S.4 7.0 7.8 8.S 7.7 S.8 3.9 1.9 1.2 56.6 Butloawillow 1.0 1.8 3.2 4.7 6.6 7.7 8.S 7.3 5.4 3.4 I.S 0.9 52.0 Chioa Lake 2.1 3.2 5.3 7.7 9.2 10.0 11.0 9.8 7.3 4.9 2.7 1.7 74.3 Delano 0.9 1.8 3.4 4.7 6.6 7.7 8.5 7.3 5.4 3.4 u 0.7 52.0 Famoso 13 1.9 3.5 4.8 6.7 7.6 8.0 7.3 5.5 3.5 1.7 1.3 53.1 Grapevine 1.3 1.8 3.1 4.4 5.6 6.8 7.6 6.8 5.9 3.4 1.9 1.0 49.5 lnyokm> 2.0 3.1 4.9 7.3 8.S 9.7 11.0 9.4 7.1 5.1 2.6 1.7 72.4 Isabella Dam 1.2 1.4 2.8 4.4 5.8 7.3 7.9 7.0 5.0 3.2 1.7 0.9 48.4 Lamoni 1.3 2.4 4.4 4.6 6.5 7.0 8.8 7.6 5.7 3.7 1.6 0.8 54.4 Los1Hills 1.6 2.2 3.7 5.1 6.8 7.8 8.7 7.8 5.7 4.0 2.1 1.6 57.1 McFarland/Kem 12 2.1 3.7 5.6 7.3 8.0 S.3 7.4 5.6 4.1 2.0 1.2 56.5 Shafter 1.0 1.7 3.4 5.0 6.6 7.7 8.3 1.3 5.4 3.4 1.5 0.9 52.1 Taft 1.3 1.8 3.1 4.3 6.2 7.3 8.5 7.3 5.4 3.4 1.7 1.0 51.2 Tehadiapi 1.4 1.8 3.2 5.0 6.1 7.7 7.9 7.3 S.9 3.4 2.1 1.2 52.9 KINGS
Carutm 1.6 2.5 4.0 5.7 7.8 8.7 9.3 a.◄ 6.3 4.4 2.4 1.6 62.7 WATER SERVICE AND USE RULES AND REGULATIONS No. 24
24. WATER CONSERVATION IN LANDSCAPING (Continued)
WATER SERVICE AND USE RULES AND REGULATIONS
City Council Resolution # 16-8292 (02/09/16)
Latest Revision: 01/25/16 Page 102
A.nnendix A• Refereace Evanotransoiration (ET• Table*
Annual
Coun1y and a1y Jan Feb Mar Apr Mav Jin Jul Alli s- Oct Nov Dee ETo KINGS
Corcoran 1.6 2.2 3.7 S.I 6.S 7.S 8.7 7.S S.7 4.0 2.1 1.6 57.l Hanford 0.9 1.5 3.4 5.0 6.6 7.7 8.3 7.2 5.4 3.4 1.4 0.7 51.5 Kettleman I.I 2.0 4.0 6.0 1.5 8.5 9.1 8.2 6.1 4.5 2.2 1.1 60.2 Lemoore 0.9 1.5 3.4 s.o 6-6 7.7 8.3 7.3 5.4 3.4 1.4 0.7 51.7 Stratford 0.9 1.9 3.9 6.1 7.8 8.6 8.8 7.7 5.9 4.1 2.1 1.0 58.7 LAKE
Lakeport I.I 1.3 2.6 3.S S.I 6.0 7.3 6.1 4.7 2.9 1.2 0.9 42.8 Lower Lake 1.2 1.4 2.7 4.5 5.3 6.3 7.4 6.4 s.o 3.1 1.3 0.9 45.4 LASSEN
Bunlineville 1.0 1.7 J.5 4.9 6.2 7.3 8.4 7.S S.4 3.4 1.5 0.9 SU Ra....tale 0.6 I.I 2.3 4.1 5.6 6.7 7.9 7.3 4.7 2.8 1.2 0.5 44.9 Suso.nville 0.7 1.0 2.2 4.1 5.6 6.S 7.8 7.0 4.6 2.8 l.2 0.5 44.0
LOS ANGELES
Burbank 2.1 2.3 3.7 4.7 5.1 6.0 6.6 6.7 S.4 4.0 2.6 2.0 51.7 Claremont 2.0 2.3 3.4 4.6 5.0 6.0 7.0 7.0 5.3 4.0 2.7 2.\ 51.3 El Dorado 1.7 2.2 3.6 4.8 5.1 5.7 5.9 5.9 4.4 3.2 2.2 1.7 46.3 Glendale 2.0 2.2 3.3 3.8 4.7 4.8 S.1 5.6 4.3 3.3 2.2 1.8 43.7 Glendon 2.0 2.5 3.6 4.9 5.4 6.1 7.3 6.3 5.7 4.2 2.6 2.0 53.1 Gom,an t.6 2.2 3.4 4.6 5.S 7.4 7.7 7.1 5.9 3.6 2.4 I.I 52.4 Hollywood Hills 2.1 2.2 3.8 5.4 6.0 6.5 6.7 6.4 5.2 3.7 2.8 2.1 52.8 Lancast .. 2.1 3.0 4.6 S.9 8.5 9.7 11.0 9.8 7.3 4.6 2.8 1.7 71.1 Long Beach 1.8 2.1 3.3 3.9 4.5 4.3 5.3 4.7 3.7 2.S 1.8 I.S 39.7 Los Angeles. 2.2 2.7 3.7 4.7 5.5 5.8 6.2 S.9 5.0 3.9 2.6 1.9 50.1 Monrovia 2.2 2.3 3.8 4.3 S.5 S.9 6.9 6.4 5.1 3.2 2.5 2.0 50.2 Palmdale 2.0 2.6 4.6 6.2 7.3 8.9 9.8 9.0 6.5 4.7 2.7 2.1 66.2 Pasadena 2.1 2.7 3.7 4.7 5.l 6.0 7.1 6.7 5.6 4.2 2.6 2.0 52.3 Peublossom 1.7 2.4 3.7 4.7 7.3 7.7 9.9 7.9 6.4 4.0 2.6 1.6 59.9 Pomona 1.7 2.0 3.4 4.5 s.o 5.8 6.S 6.4 4.7 3.5 2.3 1.7 47.S Redoodo Beoob 2.2 2.4 3.3 3.8 45 4.7 5.4 4.8 4.4 2.1 2.4 2.0 42.6 San Fernando 2.0 2.7 3.5 4.6 5.5 5.9 7.3 6.7 5.3 3.9 2.6 2.0 52.0 SamaC(ar;ta 2.8 2.8 4.1 5.6 6.0 6.8 7.6 7.8 5.8 5.2 3.7 3.2 61.5 Santa Monica 1.8 2.1 3.3 4.5 4.7 s.o S4 5.4 3.9 3.4 2.4 2.2 44.2 MADERA
Chowchilla 1.0 1.4 3.2 4.7 6.6 7.8 8.5 7.3 5.3 3.4 1.4 0.7 51.4 Madera 0.9 1.4 3.2 4.8 6.6 7.8 u 7.3 5.3 3.4 1.4 0.7 SL.S Raymond 1.2 1.5 3.0 4.6 6.l 7.6 8.4 7.3 5.2 3.4 1.4 0.7 so.s MARIN Blade Point I.I l.7 3.0 4.2 5.2 6.2 6.6 5.8 4.3 2.8 1.3 0.9 43.0 Novato 1.3 1.5 2.4 3.5 4.4 6.0 5.9 S.4 4.4 2.8 1.4 0.7 39.8 Point San Pedro I.I 1.7 3.0 4.2 5.2 61 6.6 5.8 4.3 2.8 1.3 0.9 43.0 San Rofilol ].2 1.3 2.4 3.3 4.0 4.8 4.8 4.9 4.3 2.7 1.3 0.7 35.8
MARIPOSA
CoolterviUe I.I 1.5 2.8 4.4 5.9 7.3 &.I 7.0 5.3 3.4 1.4 0.7 41.8 Mariposa I.I 1.5 2.8 4.4 5.9 7.4 8.2 7.1 5.0 3.4 1.4 0.7 49.0 Yosemite Village 0.7 LO 2.3 3.7 5.1 6.S 7.1 6.1 4.4 2.9 I.I 0.6 41.4
MENDOCINO
Fon Bragg 0.9 1.3 2.2 3.0 3.7 35 3.7 3.7 3.0 2.3 1.2 0.7 29.0 Hopland I.I l.3 2.6 3.4 5.0 5.9 6.S 5.7 4.5 2.8 1.3 0.7 40.9 WATER SERVICE AND USE RULES AND REGULATIONS No. 24
24. WATER CONSERVATION IN LANDSCAPING (Continued)
WATER SERVICE AND USE RULES AND REGULATIONS
City Council Resolution # 16-8292 (02/09/16)
Latest Revision: 01/25/16 Page 103
Annendill A - Reference Evapotranspiratlon 11c1 o Table• al
CountvaadCit• Ja■ Feb Mar ADr Ma, Jon J■ l """ """' Oct NO>' Det ETo
MENDOCINO
Point Arena 1.0 1.3 2.3 3.0 3.7 3.9 3.7 3.7 3.0 2.3 1.2 0.7 29.6 Saoel Valley 1.0 1.6 3.0 4.6 6.0 7.0 8.0 7.0 S.2 3.4 1.4 0.9 49.1 Ukiah 1.0 I.l 2.6 J.3 5.0 5.8 6.7 S.9 4.5 2.8 1.3 0.7 40.9 MEIICJ:D
Kesterson 0.9 1.7 3.4 S.5 7.3 S.2 8.6 1.4 s.s 3.8 1.8 0.9 55.1
1.o,11anos 1.0 1.5 3.2 4.7 6.1 7.4 8.2 7.0 5.3 3.4 1.4 0.7 S0.0 Mm:ed 1.0 1.5 3.2 4.7 6.6 7.9 8.5 7.2 S.3 3.4 1.4 0.7 51.S MODOC
ModO<IAlturas 0.9 1.4 2.8 3.7 5.1 6.2 1.S 6.6 4.6 2.8 1.2 0.7 43.2 MONO
Bridoenort 0.7 0.9 2.2 3.8 5.5 6.6 7.4 6.7 4.7 2.7 1.2 0.5 43.0
MONTEREY
Arroyo S.Co 1.5 2.0 3.7 S.4 6.3 7.3 7.2 6.7 5.0 3.9 2.0 1.6 52.6 Castroville 1.4 1.7 3.0 4.2 4.6 4.8 4.0 3.8 3.0 2.6 1.6 1.4 36.2 Gon7.ales 1.3 1.7 3.4 4.7 5.4 6.3 6.3 5.9 4.4 3.4 1.9 1.3 45.7 Greenfield 1.8 2.2 3.4 4.8 S.6 6.3 6.5 6.2 4.8 3.7 2.4 1.8 49.5 King City 1.1 2.0 3.4 4.4 4.4 S.6 6.1 6.7 6.5 5.2 2.2 1.3 49.6 King Cily-O .. is Rd. 1.4 1.9 3.6 5.3 6.5 7.3 1.4 6.8 5.1 4.0 2.0 \.5 S2.1 Loo2 Valley LS 1.9 3.2 4.1 S.8 6.S 7.3 6.7 SJ 3.6 2.0 1.2 49.1 Mont<rey 1.7 1.8 2.7 3.5 4.0 4.1 4.3 4.2 3.5 2.8 1.9 1.5 36.0 Pajaro 1.8 2.2 3.7 4.8 S.3 S.1 5.6 5.3 4.3 M 2.4 1.3 46.1 Salin•• 1.6 1.9 2.7 3.8 4.8 4.7 5.0 4.5 4.0 2.9 1.9 1.3 39.1 Salina• North 1.2 LS 2.9 4.1 4.6 5.2 4.5 4.3 3.2 2.8 1.5 1.2 36.9 San Ardo 1.0 1.7 3.1 4.5 5.9 7.2 8.1 7.1 S.l 3.1 1.5 1.0 49.0 San Juan 1.8 2.1 3.4 4.6 5.3 5.1 5.5 4.9 3.8 3.2 2.2 1.9 44.2 Soledad 1.7 2.0 3.4 4.4 5.5 5.4 6.5 6.2 5.2 3.7 2.2 l.S 47.7 NAPA
Angwin LS 1.9 3.2 4.7 5.8 7.3 8.1 7.1 S.5 4.S 2.9 2.1 54.9 Came .... 0.8 l.5 3.1 4.6 S.5 6.6 6.9 6.2 4.7 3.S 1.4 1.0 4S.8 Oakville 1.0 l.S 2.9 4.7 5.8 6.9 7.2 6.4 4.9 35 1.6 1.2 47.7 St Helena 1.2 1.5 2.8 3.9 5.1 6.1 7.0 6.2 4.8 3.1 1.4 0.9 44.1 Yountville 1.3 1.7 2.8 3.9 S.I M 7.1 6.1 4.8 3.1 1.5 0.9 44.3 NEVADA
Grass Valley I.I 1.5 2.6 4.0 5.7 7.1 7.9 7.1 5.3 3.2 1.5 0.9 48.0 Nevada City 1.1 1.5 2.6 3.9 5.8 6.9 7.9 7.0 5.3 3.2 1.4 0.9 47.4 ORANGE
Irvine 2.2 2.5 3.7 4.7 S.2 5.9 6.3 6.2 4.6 3.7 2.6 2.3 49.6 LagllllO Bead, 2.2 2.7 3.4 3.8 4.6 4.6 4.9 4.9 4.4 3.4 2.4 2.0 43.2 SantaAna 2.2 2.7 3.7 4.5 4.6 5.4 6.2 6.1 4.7 3.7 2.S 2.0 48.2 PLACER
Aobum 1.2 1.7 2.8 4.4 6.1 1.4 8.3 7.3 5.4 3.4 1.6 1.0 50.6 BlueCllll)'on 0.7 I.I 2.1 3.4 4.8 6.0 7.2 6.1 4.6 2.9 0.9 0.6 40.5 Colfax 1.1 1.5 2.6 4.0 5.8 7.1 7.9 7.0 5.3 32 1.4 0.9 47.9 Roseville I.I 1.7 3.1 4.7 6.2 7.7 8.5 7.3 S.6 37 1.7 1.0 52.2 Soda Springs 0.7 0.7 1.8 3.0 4.3 5.3 6.2 5.5 4.1 2.5 0.7 0.7 35.4 Tahoe City 0.7 0.7 1.7 3.0 4.3 5.4 6.1 5.6 4.1 2.4 0.8 0.6 35.5 Truckee 0.7 0.7 1.7 3.2 4.4 5.4 6.4 5.7 4.1 2.4 0.8 0.6 36.2 WATER SERVICE AND USE RULES AND REGULATIONS No. 24
24. WATER CONSERVATION IN LANDSCAPING (Continued)
WATER SERVICE AND USE RULES AND REGULATIONS
City Council Resolution # 16-8292 (02/09/16)
Latest Revision: 01/25/16 Page 104
Annendill. A - Referenft Evanotransniration IETo Table* Annul
Countv and CUv ,Ian Feb Mor Anr Mn Ju■ Jul "'"' Son Oct No• Dec t:To PLUMAS
Portola 0,7 0,9 1.9 3.5 4.9 5,9 7.3 5.9 4,3 2.7 0.9 0.5 39.4 Quincy 0.7 0.9 2.2 3.5 4.9 5.9 7.3 5.9 4.4 2.8 1.2 0.5 40.2
RIVERSIDE
Beaumont 2.0 2.3 ].4 4.4 6.1 7.1 7.6 7.9 6.0 3.9 2.6 1.7 55.0 Bl)the 2.4 3.3 5.3 6.9 8.7 9.6 9.6 &,1 6.9 :5.0 3.0 22 71.4 Cathedral City 1.6 2.2 ].7 5.1 6.8 7,8 8.7 7,8 5.7 4.0 2.1 1.6 :57.1 Coadtclla 2.9 4.4 6.2 S.4 l0.5 11.9 12.3 10.1 1.9 6.2 3.8 2.4 88.1 Desert Center 2.9 4,1 6.4 s.s 11.0 12.1 12.2 II.I 9.0 6.4 3,9 2.6 90.0 Elsinore 2.1 2.1 ].9 4.4 5,9 7.1 7.6 7.0 5.8 3.9 2.6 1.9 55.0 dio 3.1 3.6 6.:5 8.3 10.5 11.0 I0.8 9.7 1.3 H 3.7 2.7 83.9 La Quinta 2.4 2.8 5.2 6.5 8,3 8.7 8.5 7.9 6.5 4.:5 2.7 2.2 66.2 Mecca 2.6 3.3 5.1 7.2 8.6 9.0 8.8 8.2 6.8 5.0 3.2 2.4 70.8 Otsis: 2.9 3.3 5.3 6.1 8.5 8.9 8.7 7.9 6.9 4.8 2.9 2.3 68.4 Palm Desert 2.5 3.4 5.3 6.9 8.7 9.6 9.6 8.7 6.9 5.0 3.0 2.2 11.6 Palm Spring• 2.0 2.9 4.9 7.2 8.3 8.5 11.6 8.3 72 5.9 2.7 1.7 71.1 Rancho Califomia. I.& 2.2 3.4 4.8 5,6 6.3 6.5 6.2 4.8 3.7 2.4 1.8 49.5 Rancho Mirage 2.4 3.3 5.3 6.9 8.7 9.6 9.6 8.7 6.9 5.0 3.0 2.2 71.4 Ripley 2.7 3.3 5,6 7.2 &.7 8.7 8.4 7.6 6.2 4.6 2.8 2.2 67,8 Salton Sea North 2.5 3.3 5.5 7.2 8.1 9.3 9.2 8.5 6.S 5.2 3.1 2.3 71.7 Tomeculo Eaot ll 2.3 2,4 4,1 4.9 6.4 7.0 7.8 7.4 5.7 4.1 2.6 2.2 56,7 Thermal 2.4 3.3 5.5 7.6 9.1 9.6 9.3 8.6 7.1 5.2 3.1 2.1 72.8 R..ivc:rsidcUC 2.5 2.9 4,2 5.3 S.9 6.6 7.2 6.9 5.4 4.1 2.9 2.6 56,4 Winchesrer 2.3 2.4 4.1 4.9 6.4 6.9 7.7 1.5 6.0 3.9 2.6 2.1 56.8
SACRAMENTO
Fait Oaks 1.0 1.6 3.4 4.1 6.5 7.5 8.1 7.1 5.2 3.4 1.5 1.0 50.5 Sacramento 1.0 1.8 3,2 4.7 6,4 7,7 8,4 7,2 5.4 3,7 l.7 0,9 51.9 Twitchell Mand 1.2 1.8 3.9 5.3 7.4 8.8 9.1 7.8 5.9 3.8 1.7 1.2 57,9
SAN BENITO
Hollister 1.5 1.8 3.1 4.3 5,5 5,7 6.4 5.9 5.0 3.5 1.7 I.I 45,I San Be11ito 1.2 1.6 3.1 4.6 5.6 6.4 6.9 6.5 4.S 3.7 l.7 1.2 47,2 Son Juan Valley 1.4 1.8 3.4 4.5 6.0 6.7 7.1 6.4 5.0 3.5 1.8 1.4 49.1
SAN BERNARDINO
Baker 2.7 3,9 6.1 8.3 10.4 11.8 12.2 11.0 8.9 6.1 3,3 2.1 86.6 BarsaowNE 22 2.9 5.3 6.9 9.0 10.1 9.9 8.9 6.8 4.8 2.7 2.1 71.7 Big Bear Lake 1.8 2.6 4.6 6.0 7.0 7.6 8.1 7.4 5.4 4.1 2.4 1.8 58,6 Chino 2.1 2.9 3.9 4.5 5.7 6.5 7.3 7.1 5.9 4.2 2.6 2.0 54.6 Crestline: 1.5 1.9 3.3 4.4 5.5 6.6 7.8 7.1 5.4 3.:5 2.2 1.6 S0.8 Lah Arrowhead 1.8 2.6 4.6 6.0 7,0 7.6 8.1 7,4 5.4 4.1 2.4 1.8 58.6 Lucerne Valley 2.2 2.9 5.1 6.5 9.1 11.0 11.4 9.9 7.4 5.0 3.0 1.8 75.3 Needles 3.2 4.2 6.6 8.9 11.0 12.4 12.8 11.0 8.9 6.6 4.0 2.7 92.1 Newberry Springs 2.1 2.9 5.3 8.4 9.8 10.9 II.I 9.9 7.6 5.2 3.1 2.0 78.2 San Bernardino 2.0 2.7 3.8 4.6 5.7 6,9 7.9 7,4 5.9 4.2 2.6 2.0 55.6 Twentynine Palms 2.6 3,6 5.9 7.9 JO.I 11.2 11.2 10.3 8.6 5.9 3.4 2.2 82.9 Victonille 2.0 2.6 4.6 6.2 7.3 &,9 9.8 9,0 6.5 4.7 2.7 2.1 66.2
SAN DIEGO
Cbula Vista 2.2 2.7 3,4 3.8 4.9 4,7 5.5 4,9 4.5 3,4 2.4 2.0 44.2 Escondido SPV 2.4 2.6 3.9 4.7 5.9 6.5 7.1 6.7 S.3 3.9 2.& 2.3 54.2 Miramar 2.3 2.5 3,7 4.1 5.1 5.4 6,1 5.8 4.5 3,3 2.4 2.1 47.1 WATER SERVICE AND USE RULES AND REGULATIONS No. 24
24. WATER CONSERVATION IN LANDSCAPING (Continued)
WATER SERVICE AND USE RULES AND REGULATIONS
City Council Resolution # 16-8292 (02/09/16)
Latest Revision: 01/25/16 Page 105
Anoeodb A - Refei-ence Evaootransniration (ET o Table*
An ual
Coantv and cm, Jan Feb Mar Anr Ma• Jun Jul Au• Sen Od Nov Dec ETo
SAN DIEGO
Oceanside 2.2 2.7 3.4 3.7 4.9 4.6 4.6 5.1 4.1 3.3 2.4 2.0 42.9 Otayl.ake 2.3 2.7 3.9 4.6 5.6 5.9 6.2 6.1 4.8 3.7 2.6 22 50.4 P~Valley 1.5 2.4 3.8 S.l 6.0 7.0 7.8 7.3 6.0 4.0 2.2 1.7 54.8 Ramona 2.1 2.1 3.4 4.6 5.2 6.3 6.7 6.8 5.3 4.l 2.8 2.1 51.6 SanDi•ll" 2.1 2.4 3.4 4.6 5.1 5.3 5.7 5.6 4.3 3.6 2.4 2.0 46.5 s..- 2.1 2.7 3.7 4.5 5.S 6.1 6.6 62 S.4 3.8 2.6 2.0 SI.I Torrey Pines: 2.2 2.3 3.4 3.9 4.0 4.1 4.6 4.7 3.8 2.8 2.0 2.0 39.8 Warner Springs 1.6 2.7 3.7 4.7 5.7 7.6 8.3 7.7 6.3 4.0 2.5 1.3 56.0
SAN FRANCISCO
San Francisco 1.5 1.3 2.4 3.0 3.7 4.6 4.9 4.8 4.1 2.8 u 0.7 35.l
SAN JOAQUIN
fannington l.S 1.5 2.9 4.7 6.2 7.6 8.1 6.8 S.3 3.3 1.4 0.7 50.0 Lodi West 1.0 1.6 3.3 4.3 63 6.9 7.3 6.4 4.5 3.0 1.4 0.8 46.7 Manteca 0.9 1.7 3.4 5.0 6.5 7.S- 8.0 7.1 5.2 3.3 1.6 0.9 51.2 Stockton 0.8 1.5 2.9 4.7 6.2 7.4 8.1 6.8 5.3 3.2 1.4 0.6 49.1 Tracy 1.0 1.5 2.9 4.5 6.1 7.3 1.9 6.7 5.3 3.2 1.3 0.7 48.S
SAN LUIS OBISPO
Arroro Grande 2.0 2.2 3.2 3.8 4.3 4.7 4.3 4.6 3.8 3.2 2.4 1.7 40.0 Atoscadero l.2 1.5 2.8 3.9 4.5 6.0 6.7 6.2 s.o 3.2 1.7 1.0 43.7 Morro Bay 2.0 2.2 3.1 3.5 43 4.5 4.6 4.6 3.8 3.5 2.1 1.7 39.9 Nipo111<1 2.2 2.S 3.8 5.1 5.1 6.2 6.4 6.1 4.9 4.1 2.9 2.3 52.1 Paso Robles 1.6 2.0 3.2 4.3 5.5 6.3 7.3 6.7 5.1 3.7 2.1 1.4 49.0 San Luis Obispo 2.0 2.2 3.2 4.1 4.9 5.3 4.6 5.5 4.4 3.5 2.4 1.7 43.8 San Miguel 1.6 2.0 3.2 43 5.0 6.4 7.4 6.8 5.1 3.7 2.1 1.4 49.0 San Simeon 2.0 2.0 2.9 3.S 4.2 4.4 4.6 4.3 3.5 3.1 2.0 1.7 38.1
SAN MATEO
Hal Moon Bay 1.5 1.7 2.4 3.0 3.9 4.3 4.3 4.2 3.5 2.8 1.3 1.0 33.7 Redwood City l.S 1.8 2.9 3.8 S.2 S.3 6.2 S.6 4.8 3.1 1.7 1.0 42.8 Woodside 1.8 2.2 3.4 4.1 S.6 6.3 6.5 6.2 4.1 3.7 2.4 1.8 49.S
SANTA BARBARA
Betteravia 2.1 2.6 4.0 5.2 6.0 5.9 5.8 5.4 4.1 3.3 2.7 2.1 49.1 Carpenteria 2.0 2.4 3.2 3.9 4.8 5.2 :l.:l S.1 4.5 3.4 2.4 2.0 44.9 Cuyoma 2.1 2.4 3.8 5.4 6.9 7.9 8.5 7.7 5.9 4.5 2.6 2.0 59.7 Goleta 2.1 2.5 3.9 5.1 5.1 5.7 5.4 5.4 4.2 3.2 2.8 2,2 48.1 Goletaf001hills 2.3 2.6 3.7 5.4 5.3 5.6 5.S 5.7 4.5 3.9 2.8 2.3 49.6 Guadalupe 2.0 2.2 3.2 3.7 4.9 4.6 4.5 4.6 4.1 3.3 2.4 1.7 41.1 L<lml)OC 2.0 2.2 3.2 3.7 4.8 4.6 4.9 4.8 3.9 3.2 2.4 1.7 41.1 Los Alamos 1.8 2.0 3.2 4.1 4.9 5.3 5.7 5.5 4.4 3.7 2.4 1.6 44.6 Santa Barbara 2.0 2.5 3.2 3.8 4.6 S.I 5.5 4.5 3.4 2.4 1.S 1.8 40.6 Santa Maria l.8 2.3 3.7 5.1 5.7 5.8 5.6 5.3 4.2 3.5 2.4 1.9 47.4 Santa Ynez 1.7 2.2 3.5 5.0 5.8 6.2 6.4 6.0 4.5 3.6 2.2 1.7 48.7 Sisquoc 2.1 2.S 3.8 4.1 6.1 6.3 6.4 5.8 4.7 3.4 2.3 1.8 49.2 Solvang 2.0 2.0 3.3 4.3 5.0 5.6 6.1 5.6 4.4 3.7 22 1.6 45.6
SANTA CLARA
Gilroy 1.3 1.8 3.1 4.1 5.3 5.6 6.1 5.5 4.7 3.4 l.7 I.I 43.6 Los Gatos l.S 1.8 2.8 3.9 5.0 S.6 6.2 5.5 4.7 3.2 1.7 I.I 42.9 Morgan Hill 1.5 1.8 3.4 42 6.3 7.0 7.1 6.0 5.1 3.7 1.9 1.4 49.5 Pa]I) Alto 1.5 1.8 2.8 3.8 5.2 5.3 6.2 5.6 5.0 3.2 1.7 1.0 43.0 WATER SERVICE AND USE RULES AND REGULATIONS No. 24
24. WATER CONSERVATION IN LANDSCAPING (Continued)
WATER SERVICE AND USE RULES AND REGULATIONS
City Council Resolution # 16-8292 (02/09/16)
Latest Revision: 01/25/16 Page 106
Appendix A - Reference EvaDOtransniration (ETo Table*
! AnquaJ
Countv and Citv J•n Feb Mor A.or Mav Jun Joi ! Au• S.D O,t Nov Dec ET<>
SANTA CLARA
San Jose 1.5 1.8 3.1 4,1 5.5 5.8 6.5 5.9 5.2 3.3 u 10 45.3
SANTACRUZ
De Laveaga 1.4 1.9 3.3 4.7 4.9 53 5.0 4.8 J.6 3.0 16 l.l 40.8 Green Valley Rd 1.2 1.8 3.2 4.5 46 5.4 5.2 50 3 7 3.1 1.6 1.3 406 Santa Cruz 1.5 1.8 2.6 3.5 4.3 4.4 48 4.4 3.8 2.8 1.7 \.2 36,6 Watsonville l.5 1.8 2.7 3.7 4.6 4.5 4.9 4.2 4.0 2.9 1.8 1.2 377 Webb 1.8 2.2 3.7 4.8 53 5.7 5.6 5.l 4.3 3.4 2A 1.8 46.2 SHASTA
Burney 0.7 1.0 2.1 l5 4.9 S.9 7.4 6.4 4.4 2.9 0.9 0.6 40.9 Fall River Mills 0.6 1.0 2.1 3.7 5.0 6.1 7.8 6.7 46 2.8 0.9 o, 41.8 Glenburn 06 1.0 2.1 3.7 5.0 6.3 7.8 6.7 4.7 2,8 0.9 0.6 42.1 McArthur 0.7 1.4 2.9 4.2 5.6 6.9 8.2 7.2 5.0 3.0 II 0.6 46.8 Redding 12 1.4 2.6 4.l 56 7.1 85 7.3 5.3 3.2 1.4 0.9 48.8 S11!:RRA
Dovmieville 0.7 1.0 2.3 3.5 5.0 6.0 7.4 6.2 4.7 2.8 09 06 41.3 Slerraville 0.7 I.I 2.2 3,2 4.5 5.9 7.3 6,4 4.3 2.6 0.9 0.5 39.6
SISKIYOU
Happy Camp 0.5 0.9 2.0 3.0 4.3 5.2 61 53 4.1 2.4 0,9 o.:s 35.1 MacDoel 1.0 1.7 3.l 4.5 5.9 7.2 8.1 7.1 s., 3.1 1.5 1.0 49.0 Mt Shasta 0.5 0.9 2.0 3.0 4.5 5.3 6.7 5.7 4.0 2.2 0.7 0.5 36.0 Tule Joke FS 0.7 1.3 2.7 4.0 S.4 6.3 7.1 6.4 47 2.8 1.0 0.6 42.9 Weed 0.5 0.9 2.0 2.5 4.5 5.3 6.7 5.5 3.7 2.0 0.9 o.s 34.9 Yreka 0.6 0.9 2.1 J 0 4.9 5.8 7.J 6.5 4.3 2.5 0.9 05 39.2 SOLANO
Benicia 1.3 1.4 2.7 38 4.'> 5.0 6.4 5.5 4.4 2.9 1.1 0.7 40.3 Dixon 0 7 1.4 3.2 5.2 6.3 7.6 8.2 i.2 5.5 4.3 1.6 I.I 52.1 Fairfield 1.1 1.7 2.8 4.0 55 6.1 7.8 6.0 4.8 3.1 1.4 0.9 45.2 Hastings Tract 1.6 2.2 3.7 5.1 6.8 7.8 8.7 7.8 5.7 4.0 2.1 1.6 57.l Putah Creek 1.0 1.6 J.2 4.9 6.1 7.3 7.9 7.0 5.3 3.8 1.8 12 51.0 Rio Vista 0.9 1.7 2.8 4.4 5.9 6.1 7.9 6.5 5.1 3.2 1.3 0.7 47.0 Suisun Valley 0.6 1.3 3.0 4.7 H 7.0 7.7 6.8 5.3 38 l.4 09 48.3 \Vi ters 0.9 1.7 3.3 5.0 64 75 79 70 5.2 3.5 16 10 51.0 SONOMA
Bennett Va)k:y I.I 1.7 3.2 4.1 5.5 6.5 6.6 5 7 4.5 3.1 1.5 0.9 44,4 Cloverdale I.I 1.4 2.6 34 50 5.9 6.2 5.6 4.5 2.8 1.4 0.7 40.7 Fort Ross 1.2 1.4 2.2 3.0 3.7 4.5 4.2 4,3 3.4 24 1.2 0.5 31.9 Healdsburg 1.2 1.5 2.4 3.5 5.0 5,9 6.l 5.6 4.5 28 1.4 0.7 40.8 Lincoln 1.2 17 2.8 4.7 6.1 7.4 8.4 7.3 5.4 3.1 1.9 1.2 51.9 Petaluma 1,2 1.5 2.8 3.7 4.6 5.6 4.6 5.7 4.5 2.9 1.4 09 39.6 &lnta Rosa 1.2 l.7 2.8 3.7 50 6.0 6.1 5.9 4.5 2.9 1.5 0.7 42.0 Valley of the Moon 1.0 1.6 3.0 4.5 5.6 6.6 7.1 6.} 4.7 3.3 1.5 l.O 46.! Windsor 0.9 1.6 3.0 4.5 5.5 6.5 6.5 5.9 44 3.2 1.4 1.0 44.2
STANISLAUS
Den.air 1.0 1.9 3,6 4.7 7.0 7.9 8.0 6.1 5.3 3.4 1.5 1.0 51.4 La Grange 1.2 1.5 3.1 4,7 6.2 7.7 85 7.3 5.l 3.4 1.4 0.7 51 2 Modesto 0.9 1.4 3.2 4.7 6.4 7.7 8.1 6.3 5.0 3.4 1.4 07 49.7 Newman 1.0 1.5 3.2 4.6 62 7.4 8.1 6.7 5.0 3.4 L4 0.7 49.3 Oakd,le 1.2 1.5 3.2 47 6) 7.7 8.1 1.1 5.1 3.4 1.4 0.7 50.3 WATER SERVICE AND USE RULES AND REGULATIONS No. 24
24. WATER CONSERVATION IN LANDSCAPING (Continued)
WATER SERVICE AND USE RULES AND REGULATIONS
City Council Resolution # 16-8292 (02/09/16)
Latest Revision: 01/25/16 Page 107
Annendix A - Reference Ewnotranspiration (ETo Table•
Annual
Coantv aod Ch, Jon Feb Mar ADI' Mav Jun Jul Ane SeD Ott Nov Doe ETo
STANISLAUS
Pollerson 1.3 2.1 4.2 5.4 7.9 8.6 8.2 6.6 S.8 4.0 1.9 1.3 57.3 Turlock 0.9 1.5 3.2 4.7 6.5 1.7 8.2 7.0 5.1 3.4 1.4 0.7 50.2 SUTTER
Nicolaus 0.9 1.6 3.2 4.9 6.3 1.S 8.0 6.9 5.2 3.4 u 0.9 50.2 Yuba City 1.3 2.1 2.8 4.4 5.7 7.2 7.1 6.1 4.7 3.2 1.2 0.9 46.7 TEHAMA
Coming 1.2 1.8 2.9 4.5 6.1 73 8.1 7.2 5.3 3.7 1.1 I.I 50.7 Gaber 1.0 1.8 3.5 s.o 6.6 7.9 8.7 7.4 5.8 4.1 1.3 I.I 54.7 Gerner Dryland 0.9 1.6 3.2 4.7 6.1 8.4 9.0 7.9 6.0 4.2 2.0 1.0 55.5 Red Bluff 1.2 1.8 2.9 4.4 S.9 7.4 8.S 7.3 S.4 3.5 1.7 1.0 SI.I TltlNITY
Hay Fork 0.5 I.I 2.3 3.5 4.9 5.9 7.0 6.0 4.5 2.8 0.9 0.7 40.1 Weaverville 0.6 I.I 2.2 3.3 4.9 5.9 7.3 6.0 4.4 2.7 0.9 0.7 40.0 TULARE
Alpaugh 0.9 1.7 3.4 4.8 6.6 7.7 8.2 7.3 5.4 3.4 1.4 0.7 51.6 Badger 1.0 1.3 2.7 4.1 6.0 73 7.7 7.0 4.8 3.3 1.4 0.7 47.3 Delano I.I 1.9 4.0 4.9 7.2 7.9 8.1 7.3 5.4 3.2 15 1.2 53.6 Dinuba I.I I.S 3.2 4.7 6.2 1.7 8.S 7.3 S.3 3.4 1.4 0.7 51.2 Lindcove 0.9 1.6 3.0 4.8 6.5 7.6 8.1 7.2 5.2 3.4 1.6 0.9 50.6 Porterville 1.2 1.8 3.4 4.7 6.6 7.7 8.5 7.3 S.3 3.4 1.4 0.7 52.1 Visalia 0.9 1.7 3.3 5.1 6.8 7.7 7.9 6.9 4.9 3.2 LS 0.8 50.7
TUOLUMNE
Oroveland I.I 1.5 2.8 4.1 5.7 11 7.9 6.6 5.1 3.3 1.4 0.7 47.5 Sonora I.I I.S 2.8 4.1 5.8 11 7.9 6.7 5.1 3.2 1.4 0.7 47.6
VENTURA
Camarillo 2.2 2.S 3.7 4.3 s.o 5.2 S.9 5.4 4.2 3.0 2.5 2.1 46.1 Oxnard n 2.5 3.2 3.7 4,4 4.6 5.4 4.8 4.0 3.3 2.4 2.0 42.3 Pini 2.8 2.8 4.1 5.6 6.0 u 7.6 7.8 5.8 S.2 3.7 3.2 6U
Pon Hueneme 2.0 2.3 3.3 4.6 4.9 4.9 4.9 5.0 3.7 3.2 2.5 2.2 43.5 Thousand Oaks 2.2 2.6 3.4 45 5.4 5.9 6.7 6.4 S.4 3.9 2.6 2.0 51.0 Ventura 2.2 2.6 3.2 3.8 4.6 4.7 5.5 4.9 4.1 3.4 2.S 2.0 43.5 YOLO
l:IMe 0.9 1.7 3.3 5.0 6.4 7.5 7.9 7.0 5.2 3.5 1.6 1.0 51.0 Davis 1.0 1.9 3.3 5.0 6.4 7.6 8.2 7.] 5.4 4.0 u 1.0 52.S E,pono 1.0 1.7 3.4 s.s 6.9 8.1 8.5 7.S 5.8 4.2 2.0 1.2 55.8 Winters 1.7 1.7 2.9 4.4 5.8 7.1 7.9 6.7 5.3 3.3 1.6 1.0 49.4 Woodland 1.0 1.8 3.2 4.7 6.1 7.7 8.2 7.2 5.4 3.7 1.7 l.O 51.6 Zamora I.I 1.9 3.5 5.2 6.4 7.4 7.8 7.0 s.s 4.0 1.9 1.2 52.8 YUBA
Browns Valley 1.0 1.7 3.1 4.7 6.1 7.5 8.5 7.6 5.7 4.1 2.0 I.I 52.9 Brownsville I.I 1.4 2.6 4.0 5.7 6.8 7.9 6.8 5.3 3.4 1.5 0.9 47.4 . The values 1n this la.hie were denved ftom. 1) California Irrigation Management Information System (CIMIS); 2) Refe,enoe EvapoTrmspiratioo Zones Map, UC Dept. of Land, Air & Water Resoon:cs and California Dept of Water Resoon:es 1999; and
3) Reference: Evapotronspiration for California, Uni..,..ity of California, Depanment of Agriculture and Natural Resources (1987) Bulletin 1922;
4) De=mining Daily Reference Evapo1ranspiralion. Cooperative Ex.lension UC Division of Agriculture and Natura} Resources (1987), r.blicaticn Leallet 21426
WATER SERVICE AND USE RULES AND REGULATIONS No. 24
24. WATER CONSERVATION IN LANDSCAPING (Continued)
WATER SERVICE AND USE RULES AND REGULATIONS
City Council Resolution # 16-8292 (02/09/16)
Latest Revision: 01/25/16 Page 108
APPENDIX B: WATER EFFICIENT LANDSCAPE WORKSHEET
This worksheet is filled out by the project applicant and it is a required element of the Landscape Documentation Package.
Reference Evapotranspiration (ETo) ____________
ETAF Calculations
Regular Landscape Areas
All Landscape Areas
Hydrozone # /Planting
Descriptiona
Plant Factor
(PF)
Irrigation
Methodb
Irrigation
Efficiency
(IE)c
ETAF
(PF/IE)
Landscape
Area (sq, ft,)
ETAF x Area Estimated Total
Water Use
(ETWU)e
Regular Landscape Areas
Totals (A) (B)
Special Landscape Areas
1 1
1 Totals (C) (D)
ETWU Total
Maximum Allowed Water Allowance (MAWA)e
Total ETAF x Area (B)
Total Area (A)
Average ETAF B ÷ A
Total ETAF x Area (B+D)
Total Area (A+C)
Sitewide ETAF (B+D) ÷ (A+C)
aHydrozone #/Planting Description
E.g
1.) front lawn
2.) low water use plantings
3.) medium water use planting
bIrrigation Method c
Irrigation Efficiency
overhead spray 0.75 for spray head
or drip 0.81 for drip
dETWU (Annual Gallons Required) = Eto
x 0.62 x ETAF x Area
where 0.62 is a conversion
factor that converts acre-inches
per acre per year to gallons per
square foot per year.
Average ETAF for Regular Landscape Areas must be 0.55
or below for residential areas, and 0.45 or below for nonresidential areas. e
MAWA (Annual Gallons Allowed) = (Eto) ( 0.62) [ (ETAF x LA) + ((1-ETAF) x SLA)]
where 0.62 is a conversion factor that converts acre-inches per acre per year to gallons per square foot per year, LA is the total landscape area in square feet, SLA is the total special landscape area in square feet,
and ETAF is .55 for residential areas and 0.45 for nonresidential areas. -
I I
I I
WATER SERVICE AND USE RULES AND REGULATIONS No. 24
24. WATER CONSERVATION IN LANDSCAPING (Continued)
WATER SERVICE AND USE RULES AND REGULATIONS
City Council Resolution # 16-8292 (02/09/16)
Latest Revision: 01/25/16 Page 109
APPENDIX C: CERTIFICATE OF COMPLETION
CITY OF SANTA CLARA
CERTIFICATE OF COMPLETION & INSTALLATION
SUBMIT TO THE WATER DEPARTMENT UPON COMPLETION OF THE LANDSCAPE PROJECT:
1500 WARBURTON AVENUE, SANTA CLARA, CA 95050
Project Information
Date: Telephone
Project Name Email
Applicant Name (print): Street Address
Title State
Company Zip
Project Owner - Declaration of Completion
Project Owner Name or Designee:
Title
Company
I certify that I have received copies of all the documents associated with the landscape project and that it is our responsibility to see that the project is maintained in accordance with the Landscape and Irrigation Maintenance Schedule.
Property Owner Signature Date
Licensed Professional - Declaration of Installation
I certify that based upon periodic site observations, the work has been substantially completed in accordance with the ordinance and that the landscape planting and irrigation installation conform with the criteria and specifications of the approved Landscape Documentation Package.
Print Name and Company of Landscape Signature*
Architect or Irrigation Designer
Email Phone
Address Number
*Signer of the landscape design plan, signer of the irrigation plan, or a licensed landscape contractor.
REQUIRED ATTACHMENTS:
IRRIGATION SCHEDULING
Attach parameters for setting the irrigation schedule on controller as required by the ordinance.
SCHEDULE OF LANDSCAPE AND IRRIGATION MAINTENANCE
Attach schedule of Landscape and Irrigation Maintenance.
LANDSCAPE IRRIGATION AUDIT REPORT
Attach Landscape Irrigation Audit Report as required by the MWELO ordinance.
SOIL MANAGEMENT REPORT/SOIL MANAGEMENT AND GRADING DESIGN SURVEY Attach soil analysisreport OR Soil Management and Grading Design Survey, if not previously submitted with the Landscape Documentation Package as required by the ordinance. Attach documentation verifying implementation of recommendations from soil analysisreport as required.
WATER SERVICE AND USE RULES AND REGULATIONS No. 24
24. WATER CONSERVATION IN LANDSCAPING (Continued)
WATER SERVICE AND USE RULES AND REGULATIONS
City Council Resolution # 16-8292 (02/09/16)
Latest Revision: 01/25/16 Page 110
APPENDIX D: PRESCRIPTIVE COMPLIANCE OPTION
(a) This appendix contains prescriptive requirements which may be used as a compliance option to the Model Water Efficient Landscape Ordinance. (b) Compliance with the following items is mandatory and must be documented on a landscape plan in order to use the prescriptive compliance option:
(1) Submit a Landscape Documentation Package which includes the following elements:
(A) date
(B) project applicant
(C) project address (if available, parcel and/or lot number(s))
(D) total landscape area (square feet), including a breakdown of turf and plant material
(E) project type (e.g., new, rehabilitated, public, private, cemetery, homeownerinstalled)
(F) water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well
(G) contact information for the project applicant and property owner
(H) applicant signature and date with statement, “I agree to comply with the requirements of the prescriptive compliance option to the MWELO”.
(2) Incorporate compost at a rate of at least four cubic yards per 1,000 square feet to a depth of six inches into landscape area (unless contra-indicated by a soil test);
WATER SERVICE AND USE RULES AND REGULATIONS No. 24
24. WATER CONSERVATION IN LANDSCAPING (Continued)
WATER SERVICE AND USE RULES AND REGULATIONS
City Council Resolution # 16-8292 (02/09/16)
Latest Revision: 01/25/16 Page 111
(3) Plant material shall comply with all of the following;
(A) For residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for 75% of the plant area excluding edibles and areas using recycled water; For non-residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for 100% of the plant area excluding edibles and areas using recycled water;
(B) A minimum three inch (3″) layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated.
(4) Turf shall comply with all of the following:
(A) Turf shall not exceed 25% of the landscape area in residential areas, and there shall be no turf in non-residential areas;
(B) Turf shall not be planted on sloped areas which exceed a slope of 1 foot vertical elevation change for every 4 feet of horizontal length;
(C) Turf is prohibited in parkways less than 10 feet wide, unless the parkway is adjacent to a parking strip and used to enter and exit vehicles. Any turf in parkways must be irrigated by sub-surface irrigation or by other technology that creates no overspray or runoff.
(5) Irrigation systems shall comply with the following:
(A) Automatic irrigation controllers are required and must use evapotranspiration or soil moisture sensor data and utilize a rain sensor.
(B) Irrigation controllers shall be of a type which does not lose programming data in the event the primary power source is interrupted.
(C) Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure of the system is within the manufacturers recommended pressure range.
WATER SERVICE AND USE RULES AND REGULATIONS No. 24
24. WATER CONSERVATION IN LANDSCAPING (Continued)
WATER SERVICE AND USE RULES AND REGULATIONS
City Council Resolution # 16-8292 (02/09/16)
Latest Revision: 01/25/16 Page 112
(D) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be installed as close as possible to the point of connection of the water supply. \
(E) All irrigation emission devices must meet the requirements set in the ANSI standard, ASABE/ICC 802-2014. “Landscape Irrigation Sprinkler and Emitter Standard,” All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.
(F) Areas less than ten (10) feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray.
(6) For non-residential projects with landscape areas of 1,000 sq. ft. or more, a private submeter(s) to measure landscape water use shall be installed.
(c) At the time of final inspection, the permit applicant must provide the owner of the property with a certificate of completion, certificate of installation, irrigation schedule and a schedule of landscape and irrigation maintenance.
WATER SERVICE AND USE RULES AND REGULATIONS No. 24
24. WATER CONSERVATION IN LANDSCAPING (Continued)
WATER SERVICE AND USE RULES AND REGULATIONS
City Council Resolution # 16-8292 (02/09/16)
Latest Revision: 01/25/16 Page 113
APPENDIX E: SOIL AND GRADING DESIGN SURVEY
Project Name:
Project Location:
Project Lot Size:
Site Analysis Completed By:
Signature Date
This soil analysis and grading report form is designed to assist the applicant in reviewing existing conditions at their project site and evaluate opportunities to maximize benefits.
Respond to the following questions, and submit a report detailing geographic features surrounding the site, topography, vegetation and other site features as directed below.
Soil Management Survey
Laboratory soil analysis results are attached.
OR answer the following questions:
1. What is the infiltration rate in inches per hour for the site soil type? (Instructions – in a minimum of three distinct locations dig a hole that would accommodate planting a 5-gallon plant. Fill hole with water and let drain. Fill hole again and measure the depth of the water in the hole and record the time it takes to infiltrate totally into the soil with no remaining standing water. Note the time of year and the level of existing soil saturation by touch).
2. What is the primary project site soil texture? (Example – clay, loam, silt, sand, etc)
3. What is the soil color at 2 inches depth? What is the color at 6 inches? What is the color at 12 inches? (Example – black, dark or light brown, red, gold, gray, blue, etc)
4. Has the site been previously or historically contaminated with toxic materials? Comments:
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WATER SERVICE AND USE RULES AND REGULATIONS No. 24
24. WATER CONSERVATION IN LANDSCAPING (Continued)
WATER SERVICE AND USE RULES AND REGULATIONS
City Council Resolution # 16-8292 (02/09/16)
Latest Revision: 01/25/16 Page 114
Grading Design Survey
Grading Design Plan is attached.
OR answer the following questions:
1. Does the stormwater runoff from the site discharge to (check all that apply):
Indirectly to waters of the U.S. (i.e. discharge flows overland across adjacent properties or rights-of-way prior to discharging into water of the United States) Storm drain system
Directly to the water of the U.S. (e.g. river, lake, creek, stream, bay, ocean, etc.)
2. Has a stormwater pollution prevention plan been prepared for this site? Yes
No
3. Is there potential for filtering or infiltrating stormwater in the landscape areas (e.g. grassy swales, infiltration planters, bioretention areas)?
Yes
No
4. Is there potential to store rainwater for future use? Yes
No
5. Is the proposed site within a 100 year floodplain?
Yes
No
6. Is a creek protection plan required for this site?
Yes
No
Comments:
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POTABLE AND RECYCLED
WATER SERVICE AND
USESYSTEM
RULES AND REGULATIONS
CITY OF SANTA CLARA
___________________________________________
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM
RULES AND REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page i
TABLE OF CONTENTSTABLE OF CONTENTS
TABLE OF CONTENTS .................................................................................................................................... I
1. GENERAL STATEMENT AND DEFINITIONS ............................................................................................ 1
1.A ESTABLISHMENT OF RULES AND REGULATIONS .................................................................. 1
1.B GENERAL STATEMENT............................................................................................................... 1
1.C WATER USE RESTRICTIONS AND PROHIBITIONS .................................................................. 1
1.D INCORPORATION OF MUNICIPAL SERVICES DIVISION UTILITY SERVICES RULES AND REGULATIONS ............................................................................................................................. 3
1.E INCORPORATION OF WATER MASTER PLAN AND MANAGEMENT PLAN ........................... 3
1.F INCORPORATION OF TITLE 17 AND TITLE 22 .......................................................................... 3
1.G INCORPORATION OF AWWA STANDARDS .............................................................................. 3
1.H INCORPORATION OF STANDARD DETAILS AND SPECIFICATIONS...................................... 3
1.I DEFINITIONS ................................................................................................................................ 4
2. NOTICES ..................................................................................................................................................... 9
2.A NOTICES TO THE CUSTOMER ................................................................................................... 9
2.B NOTICES TO THE CITY ................................................................................................................ 9
3. APPLICATION FOR WATER SERVICE .................................................................................................... 11
3.A SERVICE ORDER APPLICATIONS ............................................................................................ 11
3.B CHANGES IN WATER SERVICE ................................................................................................ 11
3.C DISCONTINUANCE OF WATER SERVICE ................................................................................ 11
4. RATES 12
4.A RATES ......................................................................................................................................... 12
4.B TEMPORARY RATE SCHEDULE ............................................................................................... 12
4.C ESTABLISHMENT OF NEW OR OPTIONAL RATES ................................................................ 12
4.D REASSESSMENT OF RATE SCHEDULE QUALIFICATION ..................................................... 12
4.E SERVICE BY FACILITIES PURCHASED FROM OTHER UTILITIES ........................................ 12
5. METER TEST AND ADJUSTMENT OF BILLS FOR METER ERROR ..................................................... 13
5.A METER TEST .............................................................................................................................. 13
5.B METER TEST - CUSTOMER REQUEST .................................................................................... 13
5.C ADJUSTMENT OF BILLS FOR METER ERROR ....................................................................... 13
6. APPEAL FROM THE APPLICATION, REQUIREMENTS, OR INTERPRETATION OF THESE RULES AND REGULATIONS .......................................................................................................................... 15
6.A REQUEST FOR APPEAL ............................................................................................................ 15
6.B SUBSEQUENT APPEAL............................................................................................................. 15
6.C APPEAL COMPONENTS ............................................................................................................ 15
6.D APPEAL TIMEFRAME ................................................................................................................ 15
6.E HEARING NOTICE ...................................................................................................................... 15
6.F HEARING .................................................................................................................................... 15
6.G APPEAL DECISION .................................................................................................................... 16
7. NEW DEVELOPMENT ............................................................................................................................... 17
7.A WATER SUPPLY ASSESSMENTS ............................................................................................ 17
7.B DEVELOPMENT IMPACT ANALYSIS ........................................................................................ 17
7.C PUBLIC WATER MAINS ............................................................................................................. 17
7.D MAXIMIZING RECYCLED WATER USE .................................................................................... 17
7.E RECYLCED WATER CONVERSION .......................................................................................... 17
7.F RECYCLED WATER READY ...................................................................................................... 17
7.G GRAYWATER READY ................................................................................................................ 18
7.H MAIN EXTENSIONS AND UPSIZING REQUIRED FOR FIRE DEMAND USE ........................... 18
7.I MAIN EXTENSIONS FOR RECYCLED WATER USE ................................................................ 18
7.J MAIN REPLACEMENT................................................................................................................ 18
7.K WATER MAIN TIE-INS TO THE CITY’S WATER SYSTEM ........................................................ 18
7.L WORK OUTSIDE OF THE CITY’S NORMAL WORK HOURS ................................................... 19
7.M DEVELOPMENT SHALL INSTALL BACKFLOW PREVENTION DEVICES .............................. 19
7.N UPGRADING SERVICE CONNECTIONS TO MEET CURRENT STANDARD ........................... 19
7.O SEPARATE SERVICES .............................................................................................................. 20
7.P MINIMUM SERVICE SIZE FOR SINGLE-FAMILY HOMES ........................................................ 20
7.Q SUBMETERING .......................................................................................................................... 20
7.R PRIVATE WELLS ........................................................................................................................ 20
7.S DEVELOPMENT REVIEW ........................................................................................................... 20
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM
RULES AND REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page ii
7.T UTILITY CLEARANCES.............................................................................................................. 21
7.U RELOCATION OF EXISTING FACILITIES ................................................................................. 21
7.V RIGHTS OF WAY ........................................................................................................................ 21
7.W OBLIGATION TO PROTECT EXISTING PUBLIC UTILITIES ..................................................... 22
7.X DEMOLITION PERMITS.............................................................................................................. 22
7.Y NEW SERVICE APPLICATIONS ................................................................................................ 22
7.Z RECORD DRAWINGS ................................................................................................................ 22
8. AFFORDABLE HOUSING PROJECTS .................................................................................................... 23
8.A DEFINITIONS .............................................................................................................................. 23
8.B PRIORITY IN THE EVENT OF SERVICE LIMITS ....................................................................... 23
8.C PROHIBITION ON DENIAL OR CONDITIONING OF SERVICE ................................................ 24
9. ACCESS, INTERFERENCE, TAMPERING, AND THEFT ......................................................................... 25
9.A CITY RIGHT OF ACCESS ........................................................................................................... 25
9.B WORK OUTSIDE CITY’S OPERATING CONVENIENCE ........................................................... 25
9.C INTERFERENCE ......................................................................................................................... 25
9.D TAMPERING ............................................................................................................................... 25
9.E THEFT ......................................................................................................................................... 26
9.F FRAUD ........................................................................................................................................ 26
9.G LIABILITY, PENALTY, PROSECUTION AND PUNISHMENT FOR VIOLATION ....................... 26
9.H CIVIL ACTION ............................................................................................................................. 26
10. TEMPORARY WATER SERVICE ........................................................................................................... 27
10.A TIME LIMIT .................................................................................................................................. 27
10.B CHARGE FOR WATER SERVED ............................................................................................... 27
10.C INSTALLATION CHARGE AND DEPOSITS .............................................................................. 27
10.D REFUNDS .................................................................................................................................... 27
10.E TEMPORARY WATER PERMIT ................................................................................................. 27
11. SHORTAGE OF SUPPLY AND INTERRUPTION OF DELIVERY .......................................................... 29
11.A WATER SUPPLY ........................................................................................................................ 29
11.B TEMPORARY WATER SERVICE SUSPENSION ....................................................................... 29
11.C APPORTIONMENT OF WATER SUPPLY .................................................................................. 29
12. DESCRIPTION OF STANDARD WATER SERVICE ............................................................................... 30
12.A NUMBER OF SERVICES TO SEPARATE PREMISES .............................................................. 30
12.B SERVICE TO MULTIPLE UNITS ................................................................................................. 30
12.C SINGLE METER SERVICE TO MULTIPLE TENANTS/UNITS ................................................... 30
13. RESPONSIBILITY FOR EQUIPMENT AND PROTECTIVE DEVICES ................................................... 32
13.A RESPONSIBILITY FOR EQUIPMENT ........................................................................................ 32
13.B PROTECTIVE DEVICES ............................................................................................................. 32
14. SERVICE CONNECTIONS AND METERS ............................................................................................. 33
14.A SERVICE CONNECTIONS .......................................................................................................... 33
14.B METERS ...................................................................................................................................... 33
14.C CHANGES IN LOCATION OF METERS AND SERVICE CONNECTIONS ................................ 33
14.D CHANGES IN SIZE OF METER .................................................................................................. 34
14.E SUBMETERING .......................................................................................................................... 34
14.F OWNERSHIP ............................................................................................................................... 34
14.G MAINTENANCE .......................................................................................................................... 34
14.H SPLIT SERVICE CONNECTIONS ............................................................................................... 34
15. FIRE SERVICE CONNECTIONS ............................................................................................................. 36
15.A PURPOSE ................................................................................................................................... 36
15.B REQUEST AND APPLICATION .................................................................................................. 36
15.C BACKFLOW PREVENTION DEVICES FOR FIRE SERVICE CONNECTIONS ......................... 36
15.D MINIMUM SIZE FOR SINGLE-FAMILY HOMES WITH FIRE SPRINKLERS ............................. 36
15.E INSTALLATION CHARGES FOR CITY WORK .......................................................................... 36
15.F QUANTITATIVE CHARGES ........................................................................................................ 37
15.G TESTING ..................................................................................................................................... 37
15.H VIOLATION OF RULES AND REGULATIONS ........................................................................... 37
15.I OWNERSHIP OF CONNECTION ................................................................................................ 37
15.J PRESSURE AND SUPPLY ......................................................................................................... 37
15.K FIRE FLOW AND DEVELOPMENT IMPACT REQUESTS ......................................................... 37
15.L RATES ......................................................................................................................................... 38
16. FIRE HYDRANTS .................................................................................................................................... 39
16.A USE OF AND DAMAGE TO FIRE HYDRANTS .......................................................................... 39
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM
RULES AND REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page iii
16.B MARKING OR COLOR CODING OF FIRE HYDRANTS ............................................................ 39
16.C MODIFICATION OR RELOCATION OF FIRE HYDRANTS ........................................................ 39
16.D WATER FROM FIRE HYDRANTS .............................................................................................. 39
17. SWIMMING POOLS AND TANKS .......................................................................................................... 42
17.A FILLING SWIMMING POOLS AND TANKS ............................................................................... 42
18. CONTROL VALVES ................................................................................................................................ 43
18.A WATER SUPPLY CONTROL ...................................................................................................... 43
18.B CURB STOP ................................................................................................................................ 43
19. CROSS-CONNECTIONS ......................................................................................................................... 44
19.A HEALTH REGULATIONS ........................................................................................................... 44
19.B CITY REQUIREMENTS ............................................................................................................... 44
19.C APPROVED BACKFLOW PREVENTION DEVICES .................................................................. 44
19.D TYPES OF APPROVED BACKFLOW PREVENTION DEVICES REQUIRED ............................ 44
19.E EXISTING SERVICES WITHOUT A DEVICE .............................................................................. 45
19.F EXISTING SERVICES WITH A NON-COMPLIANT DEVICE ...................................................... 45
19.G PLUMBING CHANGES REQUIRED ........................................................................................... 45
19.H RELIEF VALVE REQUIRED ....................................................................................................... 46
19.I BACKFLOW PROTECTION ON ADDITIONAL WATER SUPPLY LINES ................................. 46
19.J INSPECTION OF BACKFLOW PREVENTION DEVICES .......................................................... 46
19.K INSTALLATION OF BACKFLOW PREVENTION DEVICES ...................................................... 46
19.L INSTALLATION OF FACILITIES ON PRIVATE PROPERTY ..................................................... 47
19.M REMOVAL OR MODIFICATION OF BACKFLOW PREVENTION DEVICES ............................. 47
19.N DISCONTINUANCE OF SERVICE FOR DEFECTIVE APPARATUS ......................................... 47
20. ONSITE RECYCLED WATER USE .......................................................................................................... 48
20.A ABBREVIATIONS ....................................................................................................................... 48
20.B DEFINITIONS .............................................................................................................................. 49
20.C SUMMARY OF ONSITE INSTALLATION REQUIREMENTS ..................................................... 52
20.D FEES AND PERMIT .................................................................................................................... 54
20.E THE CITY AS THE LOCAL AUTHORITY ................................................................................... 54
20.F AUTHORIZED USES FOR RECYCLED WATER ....................................................................... 54
20.G NON-APPROVED USE AREAS .................................................................................................. 55
20.H AMENDMENTS ........................................................................................................................... 55
20.I PROTECTION OF PUBLIC HEALTH .......................................................................................... 55
20.J RIGHT TO TERMINATE SERVICE ............................................................................................. 55
20.K SEVERABILITY ........................................................................................................................... 56
21. DESIGN, INSTALLATION AND INSPECTION OF SYSTEMS FOR USE OF RECYCLED WATER ...... 57
21.A DESIGN APPROVAL .................................................................................................................. 57
21.B REQUIRED ONSITE RECYCLED WATER SERVICE PLANS ................................................... 57
21.C BASIS FOR DESIGN REVIEW CRITERIA .................................................................................. 58
21.D SUMMARY OF DESIGN REVIEW CRITERIA ............................................................................. 59
21.E PRELIMINARY CROSS-CONNECTION TEST EXISTING SITES .............................................. 60
21.F CONSTRUCTION INSPECTION ................................................................................................. 60
21.G FIELD TESTING AND INSPECTION .......................................................................................... 61
21.H TEMPORARY CONNECTION TO POTABLE SERVICE ............................................................ 61
21.I FINAL CROSS-CONNECTION TEST ......................................................................................... 61
21.J FINAL INSPECTION ................................................................................................................... 62
21.K FINAL APPROVAL ..................................................................................................................... 62
21.L RECORD DRAWINGS ................................................................................................................ 63
22. OPERATION AND MAINTENANCE OF SYSTEMS FOR USE OF RECYCLED WATER ....................... 64
22.A CONDITIONS OF SERVICE ........................................................................................................ 64
22.B SYSTEM RESPONSIBILITY ....................................................................................................... 64
22.C HOURS OF OPERATION ............................................................................................................ 64
22.D DESIGNATION OF CERTIFIED SITE SUPERVISOR ................................................................. 65
22.E PERSONNEL TRAINING ............................................................................................................ 66
22.F VEHICLE IDENTIFICATION ........................................................................................................ 66
22.G MAINTENANCE .......................................................................................................................... 67
22.H ANNUAL SELF-INSPECTIONS AND REPORTS ....................................................................... 67
22.I PERIODIC PROGRAM INSPECTIONS ....................................................................................... 68
22.J MODIFICATIONS ........................................................................................................................ 68
22.K PERIODIC CROSS-CONNECTION TESTING ............................................................................ 69
22.L SYSTEM NOT IN COMPLIANCE ................................................................................................ 69
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM
RULES AND REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page iv
22.M NOTIFICATION ........................................................................................................................... 69
22.N EMERGENCY PROCEDURE ...................................................................................................... 69
22.O EMERGENCY CROSS-CONNECTION RESPONSE PLAN ....................................................... 70
22.P FORMS ........................................................................................................................................ 72
23. WATER EFFICIENT LANDSCAPE ORDINANCE ................................................................................... 83
23.A PURPOSE ................................................................................................................................... 83
23.B APPLICABILITY .......................................................................................................................... 83
24.C DEFINITIONS .............................................................................................................................. 86
23.D COMPLIANCE WITH LANDSCAPE DOCUMENTATION PACKAGE ........................................ 94
23.E PENALTIES ................................................................................................................................. 95
23.F COMPONENTS OF THE LANDSCAPE DOCUMENTATION PACKAGE .................................. 95
23.G WATER EFFICIENT LANDSCAPE WORKSHEET ..................................................................... 97
23.H SOIL MANGEMENT REPORT .................................................................................................... 98
23.I LANDSCAPE DESIGN PLAN ..................................................................................................... 99
23.J IRRIGATION DESIGN PLAN .................................................................................................... 105
23.K GRADING DESIGN PLAN ......................................................................................................... 109
23.L CERTIFICATE OF COMPLETION ............................................................................................ 110
23.M IRRIGATION SCHEDULING ..................................................................................................... 111
23.N LANDSCAPE AND IRRIGATION MAINTENANCE .................................................................. 116
23.O IRRIGATION AUDIT, SURVEY AND WATER USE ANALYSIS ............................................... 117
23.P IRRIGATION EFFICIENCY ........................................................................................................ 117
23.Q RECYCLED WATER ................................................................................................................. 119
23.R GRAYWATER SYSTEMS ......................................................................................................... 119
23.S STORMWATER MANAGEMENT AND RAINWATER RETENTION ......................................... 119
23.T PUBLIC EDUCATION ............................................................................................................... 120
23.U ENVIRONMENTAL REVIEW ..................................................................................................... 121
23.V IRRIGATION AUDIT, SURVEY AND WATER USE ANALYSIS OF EXISTING LANDSCAPES ................................................................................................................................................... 122
23.W WATER WASTE PREVENTION ................................................................................................ 122
23.X EFFECTIVE PRECIPITATION ................................................................................................... 123
23.Y REPORTING .............................................................................................................................. 123
23.Z APPENDICES ............................................................................................................................ 124
POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND REGULATIONS No. 1
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 1
1. GENERAL STATEMENT AND DEFINITIONS
1.A ESTABLISHMENT OF RULES AND REGULATIONS
The following rules and regulations, rates and charges governing the Water and Recycled Water system Service furnished by the City of Santa Clara, California are hereby established.
1.B GENERAL STATEMENT
The City of Santa Clara Water and Sewer Utilities Department, referred to as the “Water Utility,” shall furnish Water and Recycled Water Service including distribution Main extensions in accordance with the Municipal Services Division’s Utility Services Rules and Regulations and the regulations hereinafter set forth, and in accordance with all other applicable ordinances, to any property within the corporate limits of the City and to such areas outside the City limits as the City Council may designate.
All water used must be taken through a water meter unless a Ppermit is first obtained in compliance with the regulations contained in these Rules and Regulations.
Applications for service to Premises for which a Service Connection has already been installed may be made in accordance with the Municipal Utility Services Division Rules and Regulations, which are incorporated herein by reference as though set forth in full. Such applications will signify the Customer’s willingness and intention to comply with all applicable Rules and Regulations and rates duly adopted, and to make payment for Water Service rendered.
If application is made for service to property where no Service Connection has been installed, but a distribution Main is adjacent to the property, the applicant, in addition to making application for service, shall comply with the regulations governing the installation of Service Connections.
Where an extension of the distribution Main is necessary or a substantial investment is required to furnish service, the applicant shall be informed by the City of the applicable provisions of the Code and these Rules and Regulations governing the extension of distribution Main and facilities.
1.C WATER USE RESTRICTIONS AND PROHIBITIONS
1. The following list of Water Use Restrictions and Prohibitions below are specific measures which prevent water waste and achieve reasonable, yet substantial, reductions in water use by all users in the City. The following uses of water are prohibited by the City:
(a) Wasting water, which includes but is not limited to, the flooding or Rrunoff on City sidewalks, gutters, and streets,
(b) Cleaning or washing of sidewalks, driveways, patios, parking lots, or other paved or hard-surfaced areas,
(c) Washing cars, buses, boats, trailers, or any vehicle by use of a hose unless that hose is fitted with an operating automatic shut-off valve.
POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND REGULATIONS No. 1
1. GENERAL STATEMENT AND DEFINITIONS (Continued)
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 2
(d) Water waste due to broken or defective plumbing, fire system, irrigation system, or any Aappurtenance thereto; or to open or to leave open any stopcock or faucet so as to permit water waste,.
(e) Service of water by any restaurant unless requested by a patron,. (f) Installation of a single-pass cooling system,.
(g) Installation and/or use of a non-recirculating, decorative fountain,. (h) Construction of a non-recirculating conveyor car wash,. (l)(i) Overhead Spray Irrigation using Sprinkler Heads, Spray Heads and/or rotors between the hours of 9 a.m. and 6 p.m.,
(i)(j) Watering lawns during or within 48 hours of measurable precipitation, (j)(k) Irrigating ornamentalNon-Functional Turf (Decorative Grass) on public street Medians
(l) Applying Potable Water to Non-Functional Turf at commercial, industrial or institutional (CII) sites, including common areas of homeowners’ associations (HOAs),
(k)(m) Irrigation of landscapes outside of newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by California Building Standards Commission and the Department of Housing and Community Development,
(n) Street cleaning or construction site preparation, if Recycled Water is available. (l) Irrigation between the hours of 9AM and 6PM
2. To further prevent the waste of Potable Water, the installation of Non-Functional Turf is prohibited in new and existing Non-Residential Landscape Projects and multifamily Landscape Projects.
(a) The use of Potable Water is not prohibited to the extent necessary to ensure the health of trees and other perennial non-Turf plantings or to the extent necessary to address immediate health and safety, sanitation, or fire protection needs as determined by the fire marshal. Unless otherwise permitted by the fire marshal, the watering permitted under this section 1.C.2(a) must be completed in a manner that prevents Runoff.
3. In addition to the above water use prohibitions and to promote efficient water use, hotels/motels shall provide guests with the option of choosing not to have towels and linens laundered daily. Notice of this option shall be displayed prominently in each guestroom using easily understood terms and language.
POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND REGULATIONS No. 1
1. GENERAL STATEMENT AND DEFINITIONS (Continued)
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 3
1.D INCORPORATION OF MUNICIPAL SERVICES DIVISION UTILITY SERVICES RULES
AND REGULATIONS
These Rules and Regulations hereby incorporate by reference all Rules and Regulations of the Municipal Services Division of the Department of Finance, hereinafter referred to as “Utility Services Rules and Regulations,” of the City of Santa Clara. Rules governing the establishment of credit, rendering and payment of bills, financial aspects of temporary service or discontinuance of service for water are contained in the Municipal Utility Services Division Rules and Regulations.
1.E INCORPORATION OF WATER SUPPLY MASTER PLAN AND MANAGEMENT PLAN These Rules and Regulations hereby incorporate by reference the Water Supply Master Plan and the Urban Water Management Plan adopted by the Water and Sewer Utilities Department, collectively the “Master Plans.” All Developments and construction shall conform with the requirements of such Master Plans in effect at the time of construction.
1.F INCORPORATION OF TITLE 17 AND TITLE 22
These Rules and Regulations hereby incorporate by reference all applicable regulations of the State of California Division of Drinking Water (DDW) of the State Water Resources Control Board including Title 17 and Title 22 and all successor regulations. In the event of any disagreement between the City’s Rules and Regulations and DDW regulations, the most conservative requirement between them shall apply.
1.G INCORPORATION OF AWWA STANDARDS
These Rules and Regulations hereby incorporate by reference all American Water Works Association (AWWA) Standards in effect at the time of Permit approval. In the event of any disagreement between the City’s Rules and Regulations and the AWWA Standards, the most conservative requirement between them shall apply.
1.H INCORPORATION OF STANDARD DETAILS AND SPECIFICATIONS These Rules and Regulations hereby incorporate by reference all Water Standards, henceforth “Standards,” adopted by the Water and Sewer Utilities Department which include the Water and Sewer Utilities Standard Drawings and Specifications, the Public Works Standards Details, the Public Works Standards Specifications, and the Public Works Design Criteria. All water infrastructure materials and construction methods shall conform with the requirements of such Standards in effect at andthe time of building Permit issuance.
POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND REGULATIONS No. 1
1. GENERAL STATEMENT AND DEFINITIONS (Continued)
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 4
I.E1.I DEFINITIONS
Terms appearing with an initial letter capitalized, are defined terms. The definitions set forth in the Utility Services Rules and Regulations for the Municipal Services Division, Department of Finance, are incorporated by reference as set forth in full, and those definitions are not repeated here; reference should be made to Section 1.B of Municipal Utility Services Division Rules and Regulations. Unless the particular provision or context otherwise requires, the definitions and provisions contained in the Water Service and Recycled Water system Use Rules and Regulations Sections 1.EI and 20.B and the Municipal Utility Services Division Rules and Regulations Section 1.B, shall govern the construction, meaning, and application of words and terms used in these Rules and Regulations. The singular of a word or term shall include the plural and the plural shall include the singular. Such words or terms as defined in these Rules and Regulations Section 1.B I and 20.B shall be initially capitalized when used in context of these Rules and Regulations.
Appurtenances: Assets associated with the water distribution system that are additional to the pipe assets themselves such as valves, meters, Backflow preventers, meter boxes, joints, tees, elbows, etc.
Auxiliary Water: A water supply on or available to the Premises from a source other than the City’s Potable Water supply. This may include water from another Local Water Purveyor, a natural source such as a well or stream, or water that may originate in the City’s Potable Water supply, but passes through an Appurtenance such as a fire hydrant, Backflow device, fire department connection, etc., or is stored on the site such as a private pipe network or a tank.
Backflow: The reverse flow of water or any other fluid or substance or any combination or mixture thereof from the Customer’s system into the City’s water distribution system.
Backflow Prevention Device: A City-approved device that prevents Backflow into the City’s water distribution system. The types of Backflow devices accepted by the City include:
Reduced Pressure Principle Backflow Prevention Assembly (RP): A device incorporating two or more check valves and an automatically operating differential relief valve located between the two checks, two shutoff valves, and equipped with necessary Appurtenances for testing. The device shall operate to maintain the pressure in the zone between the two check valves, less than the pressure on the public water supply side of the device.
Reduced Pressure Principle Detector Backflow Prevention Assembly (RPDA): A device that includes a bypass containing a City specific water meter and an approved reduced-pressure principle Bbackflow Pprevention Ddevice. The City meter shall register accurately for only very low Flow Rates, up to three gallons per minute, and shall show a registration for all rates of flow.
Double Check Detector Assembly (DCDA): A device composed of a line-size double check valve device with a bypass containing a specific water meter and an approved double check valve device.
Best Management Practice("BMP"): A policy, program, practice or rule aimed at more efficient use or conservation of the water resources of the City and State.
POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND REGULATIONS No. 1
1. GENERAL STATEMENT AND DEFINITIONS (Continued)
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 5
City: The City of Santa Clara, California, acting through its elected officials or its duly authorized officers, employees, agents, or fictitious business names.
City Code: The Code of the City of Santa Clara, California.
City Equipment: Any property, facility, apparatus, or material associated with providing one or more uUtility sServices including, but not limited to, City’s electric distributions system, water distribution system, pipes, ducts, conduits, valves, meters, Bbackflow Pprevention Ddevices, transformers, protective devices, wiring, switches, meters and other Aappurtenances required to provide a uUtility sService to Customer’s Premises.
City Employee: Any authorized City Eemployee, agent or representative.
City’s Operating Convenience: The utilization of facilities or practices which contribute to the overall efficiency, safety or reliability of the Wwater Uutility operations. City’s Operating Convenience does not refer to Customer convenience or adoption of practices required to comply with applicable ordinances, rules and regulations, or similar requirements of public authorities.
City’s Water System: The water supply and distribution system and all Aappurtenances thereto owned and operated by the City, including all Service Connections to the City’s water Mmains.
Commercial Service: Provision of water to Premises where the Customer is engaged in trade.
Cross-Connection: Cross-connection means aAn unprotected actual or potential physical connection between any part of a potable water system used or intended to supply water for drinking purposes and any source or system containing unapproved water or a substance that is not or cannot be approved as safe, wholesome, and potable for human consumption. Direct piping between the two systems, Bbypass arrangements, jumper connections, removable sections, swivel or changeover devices, or other devices through which Backflow could occur, shall be considered to be are Ccross-Cconnections and are prohibited, regardless of the presence of valves, Backflow Prevention Devices or other Appurtenances.
Customer: The Person, Persons, firm, association, governmental agency, corporation or other legal entity who use, are entitled to use, or benefit from the use of City of Santa Clara Utilities.
Development: The subdivision, construction or improvement of a Premises that requires an application for an Entitlement or Permit from the City. This shall include new construction, remodeling of existing buildings, and tenant improvements.
Domestic Service: Water Services to single- or multiple-dwelling Premises for use by residents and residential associations, including water for irrigation and other similar and customary purposes.
Dual Plumb: A system of plumbing installations used to supply both Potable and Recycled Water to a home or business. Under this system, two completely separate water piping systems are used to deliver water to the fixture.
Entitlement: The approval of a City of Santa Clara planning application.
Fire Service - Private: Provision of water to Premises for automatic fire sprinkler service connections.
Fire Service - Public: Public fFire protection service through fire hydrants connected to the water distribution system and made available to the City Fire Department. Private Fire Service is the provision of water to Premises for Fire Service Connections.
Commented [AA1]: Was this oked to remove?
Commented [AA2R1]: Deleted b..c term is no longer used. [--------------------------------------~:-
POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND REGULATIONS No. 1
1. GENERAL STATEMENT AND DEFINITIONS (Continued)
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 6
Flow Rate: The rate at which water flows through the pipes, valves and emission devices. (gallons per minute, cubic feet per second, gallons per hour).
Graywater: Untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. “Graywater” includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers. Health and Safety Code Section 17922.12.
Industrial Service: Provision of water to Premises for use in manufacturing or processing activities.
Infiltration Rate: The rate at which soil accepts water as applied, expressed in inches per hour.
P
Landscape Project: An undertaking of landscape design and installation on a particular area of land. A Landscape Project may be associated with an individual lot, a building project, or a multiphased Development. It may also be a larger, comprehensive landscape scheme that is not coupled with an individual building project.
Local Water Purveyor: Any entity, including a public agency, city, county, or private water company that provides retail Water Service.
Main Extensions: Extension of distribution pipelines including all necessary Appurtenances, exclusive of Service Connections, beyond existing facilities.
Mains: Distribution pipelines, which are used to service the general public, and are located in streets, highways, public rights of way or easements through private lands.
Median: Area between opposing lanes of traffic that may be unplanted or planted with trees, shrubs, perennials, and ornamental grasses.
Meter Rate Service: Provision of water in measured quantities through metered service.
Non-Potable Water: Water that has not been treated for human consumption in conformance with the latest edition of the United States Public Health Service Drinking Water Standards, the California Safe Drinking Water Act, or any other applicable Standards.
Non-Residential Landscape: Landscapes in commercial, institutional, industrial and public settings that may have areas designated for recreation or public assembly. It also includes portions of common areas of Common Interest Developments with designated Recreational Areas and multifamily homes where landscaping is managed by a homeowners’ association or other common interest Development.
Overhead Spray Irrigation/Devices: Devices that deliver water through the air (e.g., Spray Heads and rotors).
Municipal Or Public Use: Provision of water to municipal departments or for other public uses.
Owner: Property or building Owner and authorized agents.
Permit: Any Permit issued by the City of Santa Clara Building Department, Fire Department, or Department of Public Works, or Department of Water and Sewer Utilities Department.
POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND REGULATIONS No. 1
1. GENERAL STATEMENT AND DEFINITIONS (Continued)
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
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City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 7
Potable Water: That water that is pure and wholesome, does not endanger the lives or health of human beings, and conforms to the latest edition of the California Safe Drinking Water Act, or other applicable Standards.
Premises: Any building, lot, parcel, real estate, land, or portion of land, whether improved or unimproved, occupied or unoccupied, including adjacent streets, sidewalks, pathways, parking strips, all structures, equipment or portions thereof occupied or operated by a Customer or tenants of a Customer and situated on an integral parcel of land undivided by a public highway, street or railway to which one or more utility services is or could be provided.
Public Use: Provision of water for Public Uses.
Recycled Water: Non-Potable, tertiary-treated water in compliance with the California Code of Regulations (CCR), Title 22, Division 4, Environmental Health Water Recycling Criteria and used for approved purposes other than drinking water.
Regulatory Agencies: Those public agencies legally constituted to protect the public health and water quality, such as the State DDW, the State RWQCB and the County EHS.
Runoff: Potable or Recycled Water that is not absorbed by the soil or landscape to which it is applied and flows outside the approved irrigation aarea. Runoff may result from water that is applied at too great a rate (application rate exceeds Iinfiltration Rrate) or when there is a severe slope.
Separate Service Connection: A Service Connection used for a single land use and water use.
Service Connection: The connection of City of Santa Clara water, Recycled Water or sewer or electric equipment to Customer equipment for the purpose of providing uUtility sServices. This includes, but is not limited to, all or any portion of the water pipe and Aappurtenances, including the meter, between the City distribution line and an individual Customer’s system. All or any portion of the water pipe and Aappurtenances, including meter, between the City distribution line and an individual Customer’s system.
Service Order: Customer request for the connection or discontinuance of Water Service.
Sprinkler Head or Spray Head: A device that delivers water through a nozzle.
Standards: The Standard Details, Standard Specifications, and Design Criteria adopted by the City of Santa Clara and in effect at the time of building Permit issuance.
Submeter: A secondary device beyond a meter that measures water consumption of individual units or buildings within Premises that have multiple units or buildings.
Swimming Pool: Any structure Water Feature intended for swimming, recreational bathing or wading that contains water over 24 inches (610 mm24”) deep. This includes in-ground, above ground, and on-ground pools; hot tubs; spas and fixed-in-place wading pools.
Tamper: To rearrange, bypass, damage, alter, interfere with, break, prevent normal function of equipment in any way, prevent access to equipment, or hinder a City Employee in the performance of their duties.
Temporary Water Service: Service for an enterprise or activity which is temporary in character, where it is known in advance that service will be of limited duration, or the permanency of which has not been established.
POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND REGULATIONS No. 1
1. GENERAL STATEMENT AND DEFINITIONS (Continued)
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City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 8
Total Cost: The sum of all fully located expenses including overheads, all labor, material and use of City Equipment to complete a particular repair or addition to the system, and the cost of associated resources consumed.
Turf: A ground cover surface of non-native, ornamental grass or a groundcover surface of mowed grass. Cool season grasses may include Some examples of turf include aAannnual bluegrass, Kentucky bluegrass, pPerennial ryegrass, Red fescueFescue, and Tall fescue Fescueare coolseason grasses. Warm season grasses may include Bermuda grass, Kkikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, and Buffalo grass are warm-season grasses. Functional Turf: Turf located in a recreational use area or community space, including sports fields and Turf used regularly for human recreational purposes or community events. Turf enclosed by fencing or other barriers to permanently preclude human access for recreation or assembly is not Functional Turf.
Non-Functional Turf (Decorative Grass): Turf that is solely ornamental and does not serve a community or neighborhood function, including use for recreational purposes or civic or community events.
Utility Connection Point: Point of delivery determined by the City Water Department.
Utility Services Rules and Regulations: The rules and regulations of the Municipal Services Division of the City of Santa Clara Department of Finance.
Water Feature: A design element where open water performs an aesthetic or recreational function. Water Features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and SSwimming PPools (where water is artificially supplied). The surface area of Water Features is included in the high water use Hydrozone of the Landscape Area. Constructed wetlands used for onsite wastewater treatment or Stormwater Best Management Practices that are not irrigated and used solely for water treatment or Stormwater retention are not Water Features and, therefore, are not subject to the water budget calculation for landscapes.
Water Service: Provision of either Potable or Recycled wWater, either potable or recycled, to a Customer’s property or Premises through a metered Service Connection.
Water Utility: The City of Santa Clara Water and Sewer Utilities Department. The Water Utility and the City are one and the same.
POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND REGULATIONS No. 2
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
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City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 9
2. NOTICES
2.A NOTICES TO THE CUSTOMER
Notice, under and pursuant to the effective Rules and Regulations of the City, from the City to a Customer may be given by written notice, either delivered by the City or properly enclosed in a sealed envelope and deposited in any United States Post Office postage prepaid, addressed to the Customer’s last known address.
2.B NOTICES TO THE CITY
Requests for Ppermits or licenses pursuant to the effective Rules and Regulations of the City and notices from any Water Service Customer to the City regarding a relocation of Water Service, an increase in size of Water Service, or any material change either in the amount or character type of appliances or equipment installed upon the Premises may shall be presented by the Customer or authorized agents through completion of an appropriate application prior to any modification to the existing Water Service Connections or change in water use. The request shall be made, in person, or sent by postal mail or email to the following addresses, respectively:
City of Santa Clara
Water and Sewer Utilities
1500 Warburton Ave.
Santa Clara, CA 95050
Email: [email protected]
WATER SERVICE AND USE RULES AND REGULATIONS No. 3
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 10
CONTRACTS
3.A Contracts will not be required as a condition prior to Water Service except:
3.A.1 As conditions in the regular schedule of rates approved or accepted by the City;
3.A.2 As may be required for water extensions for Temporary Water Service or speculative projects;
3.A.3 As may be required for construction purposes as a condition prior to Water Service;
3.A.4 Any Customer Application for Water Service which in the judgment of the City is not a standard practice;
3.A.5 A contract may be required for special operating conditions or other circumstances as may be required for the City’s Operating Convenience.
POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND REGULATIONS No. 3
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 11
4. 3. APPLICATION FOR WATER SERVICE
3.A SERVICE ORDER APPLICATIONS
Application is required by the Municipal Services Division Office for each anyof the Premises on which one or more utility services areis to be provided when Water Service is desired. By applying for any Water Service, an Aapplicant indicates their willingness and intention to comply with these all applicable Rules and Regulations, and to make payment for such utility services when due and in accordance with applicable rates. Application for Water Service does not in itself bind the City to serve any applicant except under reasonable conditions as determined by the City, nor does it bind the applicant to take Water Service for a longer period than the minimum requirements of the appropriate rate schedule(s).
Applications for residential, Ccommercial, Institutional and Iindustrial Sservice (CII) will be accepted online, by telephone or in person at the Municipal Services Division.
For new Service Connections, no meter shall be installed prior to the submittal of a utility services application. The Director of Water and Sewer Utilities may require the separation or modification of any Service Connection in order to comply with these Rules and Regulations or to facilitate the maintenance and operation of the public system.
3.B CHANGES IN WATER SERVICE
When a Customer intends to make any material change either in the amount or character type of the equipment installed upon the Premises to be supplied with water by the City, the Customer shall immediately provide written notice to the City Water Utility. Failure to comply may result in a discontinuance of Water Service without notice.
Customer will be liable for damages to City Equipment and facilities resulting from the Customer’s failure to provide written notification to, and approval of, the City Water Utility prior to the addition of water demand.
Customer may be subject to reassessment of rate schedule qualification as provided by these Rules and Regulations.
3.C DISCONTINUANCE OF WATER SERVICE
Only authorized City Employees are allowed to disconnect the Service Connection from City Systems. A Customer desiring termination of one or more utility Service Connections must give the Municipal Services Division Water Utilitynot less than twoen (210) working days’ notice and state the date on which the termination is to become effective. The Customer will be responsible for all charges associated with all utility Service Connections furnished at the Premises until such time as that utility Service Connection has been discontinued. The City may discontinue Water Service for any one or more of the reasons identified in the Utility Services Rules and Regulations, .in compliance with the Water Shutoff Protection Act, Health and Safety Code Sections 116900 et. seq. related to residential customer water shutoffs for non-payment.
Commented [GW3]: Reviewing the existing Municipal
Service Ordinance: indicates not less than two (2) working days notice
Only authorized City Employees are allowed to Disconnect the Service Connection from City Systems. A Customer desiring termination of one or more Utility Services must give Municipal Services Division not less than two (2) working days notice and state the date on which the termination is to become effective. The Customer will be responsible for all charges associated with all Utility Services furnished at the Premises until such time as that Utility Service has been Discontinued.
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TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
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City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 12
45. RATES
5.A4.A RATES
The rates to be charged by and paid to the City for Water Service shall be the rates legally in effect and on file with the City Clerk, where they shall be available for public inspection.
5.B4.B TEMPORARY RATE SCHEDULE
An aApplicant for Water Service may be assigned a temporary rate schedule until qualification parameters for a customary rate schedule are met. The qualification period shall not exceed twelve (12) months and any change in rate schedule due to new Water Service qualification will apply retroactive to the date of qualification under applicable rate schedule then in effect. The selection of the temporary rate shall be made by the Municipal Services Division and based on historical usage for the Premises, historical usage of the Customer, (an estimate if historical usage is not available), or as provided for by these Rules and Regulations.
5.C4.C ESTABLISHMENT OF NEW OR OPTIONAL RATES
If the City adopts new or optional schedules or rates, the City shall take reasonable such measures as may be reasonable to advise those of its Customers who may be affected by the change.
In the case where the City adopts new rate schedules, which allows a Customer to qualify for more than one rate or schedule, the Customer may request which applicable rate or schedule is desired. Upon request, the Municipal Services Division shall assist the Customer to select the most appropriate rate or schedule, or in the absence of a request, the Municipal Services Division shall have the authority to make the selection based on the available information.
5.D4.D REASSESSMENT OF RATE SCHEDULE QUALIFICATION
A Customer may request a reassessment of their qualification for a particular rate schedule. A change to a different applicable schedule, as approved by the Municipal Services Division, shall become effective for service rendered after the next regular meter reading following the date of approval by the City. The effective date may be delayed if a change in Water Service hardware, water meter or other associated equipment is required. Notices shall be served as indicated in Water and Recycled Water systemService and Use Rules and Regulations Section 2 herein.
5.E4.E SERVICE BY FACILITIES PURCHASED FROM OTHER UTILITIES Where the City has purchased Water Service facilities from other water utilities, the Customer shall be placed on the applicable City rate schedule.
POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND REGULATIONS No. 5
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 13
56. METER TEST AND ADJUSTMENT OF BILLS FOR METER ERROR
6.A5.A METER TEST
Each meter will be tested at regular intervals which shall be determined by the Water Utility. In no case shall the interval between tests exceed 20 years
6.B5.B METER TEST - CUSTOMER REQUEST
1. Any Customer may, after giving not less than one (1) week’s notice, request the City to test the meter serving his/hertheir Premises.
2. Except as provided herein, the City may require from the Customer a fee to cover the cost of the test.
3. The fee will be refunded to the Customer if the meter is found, upon test, to register more than two (2%) percent fast under conditions of normal operation. The deposit will be retained by the City to cover test costs if the meter is less than two (2%) percent fast. The Customer will be notified, not less than five (5) days in advance of the time and place of the test.
4. A Customer shall have the right to require the City to conduct the test in his their presence, or in the presence of his their representative. A written report giving the results of the test will be supplied to the Customer within ten (10) days after completion of the test.
6.C5.C ADJUSTMENT OF BILLS FOR METER ERROR
1. Fast Meters: When, as a result of any test, a meter is found to be registering more than two (2%) percent fast, under conditions of normal operation, the City will make necessary adjustments to the Customer’s bill (credit or charge) to correct the overcharge based on corrected meter readings (0% greater than actual consumption) for the period in which the meter was in use in accordance with Municipal Services Divisionthe Utility Services Rules and Regulations Section 6.H.3.
2. Slow Meters: 6.C.2.(a) Upon testing, if a meter under normal conditions is found to register less than ninety-eight percent (98%) of the actual consumption, Municipal Services Division may bill the Customer for the undercharge based on the corrected meter readings (100% actual consumption) for the period in which the meter was in use in accordance with Municipal Services Divisionthe Utility Services Rules and Regulations Section 6.H.3.6.C.2.(b) Upon testing, a meter used for other than domestic service is found to register less than ninety-eight percent (98%) of the actual consumption, Municipal Services Division may bill the Customer for the undercharge based upon the corrected meter readings (100% actual consumption) for the period in which the meter was in use in accordance with Municipal Services Division Rules and Regulations Section
6.H
POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND REGULATIONS No. 55. METER TEST AND ADJUSTMENT OF BILLS FOR METER ERROR (Continued)
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
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City Council Resolution # 7083 (11/04/03)
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3. Non-Registering Meters: Municipal Services Division may bill the Customer for water consumed while the meter was not registering. At Municipal Services Division’s option, the bill will be computed on an estimate of consumption based on the Customer’s use during the same season of the preceding year or based on an alternate method of estimation determined by Municipal Services Division, which includes, but is not limited to, the City’s experience with Customer’s’ usage on the same rate schedule; and the general characteristics of the Customer’s operations.
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67. APPEAL FROM THE APPLICATION, REQUIREMENTS, OR
INTERPRETATION OF THESE RULES AND REGULATIONS
7.A6.A REQUEST FOR APPEAL
Unless California law, this Code, or an ordinance or resolution of the City prescribes an alternative procedure, any Customer may request an appeal from an interpretation, requirement or application of the Rules and Regulations. The appeal may be made by submitting a written Request for Appeal to the Director of Water and Sewer Utilities. Upon receipt of a Request for Appeal, the Director shall review the request and notify the appellant in writing of his/hertheir decision within forty-five (45) days of the request. Appeal from the application, requirements or interpretation of the Municipal Utility Services Division Rules and Regulations shall be made in accordance with those Rules and Regulations.
7.B6.B SUBSEQUENT APPEAL
A Customer may further appeal the Director’s determination regarding the appeal from the application, requirements, and/or interpretation of these Rules and Regulations to the City Manager. Such a subsequent appeal must be made in writing and received by the City Clerk within seven (7) calendar days after receipt of the written decision by the Director.
7.C6.C APPEAL COMPONENTS
The appeal to the City Manager shall consist of a written notice of the appeal, written details explaining the grounds on which the appeal is based, and the payment of an appeal fee of twentyfive dollars ($25.00) or an amount otherwise modified or set from time to time by resolution of the City Council.
7.D6.D APPEAL TIMEFRAME
The appeal to the City Manager shall be heard within forty-five (45) days from the filing of said notice.
If an address is not provided in the notice of appeal, such notice need not be given to the Customer.
7.E6.E HEARING NOTICE
Written notice of such hearing informing the appellant of the date and time of the hearing shall be personally served upon the appellant, or on any person employed in the place where the business in question, or activity, is maintained. If service cannot be made in the foregoing manner, then a copy of such notice may be mailed to the appellant at his or hertheir place of business or his or hertheir last address known to the City Clerk, at least five (5) days prior to the hearing. The time of such notice may be shortened by the City Manager with the written consent of the appellant.
7.F6.F HEARING
At the hearing, an opportunity will be afforded to the appellant and the City to make statements for the record regarding the facts in dispute and the circumstances surrounding the matter being appealed. A record of the hearing will be established.
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6. APPEAL FROM THE APPLICATION, REQUIREMENTS, OR INTERPRETATION OF THESE RULES AND REGULATIONS (continued)
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
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City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 16
7.G6.GAPPEAL DECISION
The City Manager shall render his/hertheir decision within forty-five (45) days after the conclusion of said hearing. In his/hertheir decision, the City Manager may reverse, set aside, affirm, amend or modify the decision of the Director. The decision of the City Manager shall be final insofar as the administrative hearing process is concerned.
POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND REGULATIONS No. 7
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
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City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 17
7. NEW DEVELOPMENT
7.A WATER SUPPLY ASSESSMENTS
New Developments may be required to complete a Water Supply Assessment (WSA) as mandated by the State Water Code and pay for any applicable fees. All Development projects shall submit a WSA form to determine the project’s demands and whether a WSA will be required unless otherwise waived by the City.
7.B DEVELOPMENT IMPACT ANALYSIS
All Developments shall request a Development Impact Analysis (DIA) from the City to determine the available fire flow capacity and residual pressure for public hydrants and oOnsite private fire system connections (unless waived by the Director of Water and Sewer Utilities) and pay any applicable fees. If the existing City system cannot supply the Development with the required fire flow, the Developer shall install the required infrastructure needed to supply the required fire flow at the Developer’s expense.
7.C PUBLIC WATER MAINS
All new public water Mains shall be located within the paved areas of public streets and shall meet all City and State separation requirements. Onsite water Mains will not be accepted by the City, nor will easements be granted unless otherwise allowed by the Director. All existing onsite public water Mains shall be converted to a private system and all services shall be reconnected to the public system unless otherwise allowed by the Director.
7.D MAXIMIZING RECYCLED WATER USE
All Developments including multifamily and non-residential buildings shall use Recycled Water for all Non-Potable, permitted uses including, but not limited to, irrigation, Dual Plumbing, cooling, and any other commercial, industrial or institutional use as permitted. Recycled Water shall be used for all construction activities for Developments.
7.E RECYLCED WATER CONVERSION
All Developments that are required to use Recycled Water shall convert any existing nondomestic water use that is eligible for Recycled Water into an approved Onsite Recycled Water system at the Developer’s expense.
7.F RECYCLED WATER READY
Where Recycled Water is not available, as determined by the Director, the project shall be designed to receive Recycled Water in the future. All onsite plumbing for non-domestic water uses (irrigation, industrial processes, cooling, etc.) shall be designed for Recycled Water use and shall comply with all Recycled Water regulations.
POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND REGULATIONS No. 7
7. NEW DEVELOPMENT (continued)
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 18
7.G GREY WATERGRAYWATER READY
When a Development chooses to use a Graywater dual drainage laundry plumbing system, Aalternative plumbing piping isshall be installed to permit the discharge from the clothes washer or other fixtures to be used for an irrigation system in compliance with the California Plumbing Code.
7.H MAIN EXTENSIONS AND UPSIZING REQUIRED FOR FIRE DEMAND USE Applicants, subdividers or property Developers may be conditioned to extend and/or upsize a water Main in order to comply with the City’s design and fire protection criteria. The size and extent of the upsize and/or extension shall be determined by the results of the DIA and shall be installed at the Developer’s expense.
7.I MAIN EXTENSIONS FOR RECYCLED WATER USE
Applicants, subdividers or property Developers may be conditioned to extend a Recycled Water Main at the Developer’s expense in order to comply with the City’s requirement to maximize the use of Recycled Water permitted on thea Premises. The limit of the extension shall be determined by the Director of Water and Sewer Utilities.
7.J MAIN REPLACEMENT
Main replacement for the water and Recycled Water system for new Developments shall be required where additional services are expected to accelerate the loss of integrity of the existing water or Recycled Water Main. The limits of the replacement shall extend between the nearest valves located beyond the project frontage or as required by the Director.
7.K WATER MAIN TIE-INS TO THE CITY’S WATER SYSTEM
1. Tie-ins to the City’s Water System shall not be performed without the authorization of the Water Utility and under the observation of a representative from the Water Utility.
2. Contractor shall notify the Water Utility of all proposed tie-ins and shall provide a tie-in plan which includes, at a minimum, the location and sequence of all tie-in connections, the proposed sampling locations, a disinfection plan, a directional flushing plan, a shutdown plan, all City Water System valves that will be utilized, a list of all Customers that will be impacted by the tie-in plan along with supporting exhibits and an implementation schedule prior to the initiation of construction.
3. The tie-in plan shall reduce or eliminate the number of non-isolated tie-ins planned in favor of using isolated tie-ins to the City’s Water System.
4. The City cannot guarantee a complete water shutdown; Contractor is responsible for providing adequate dewatering efforts to complete tie-in work.
5. Contractor shall be responsible for providing temporary water connections to critical services that are required to stay in service during the tie-in or where a tie-in duration will affect a critical service’s normal operation.
6. All tie-ins shall be restrained in accordance with City Standards.
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7. NEW DEVELOPMENT (continued)
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
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City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 19
7. Bacteriological testing will be provided by the City for all initial sampling approved by the City. It is the Contractor’s responsibility to pass all bacteriological testing. Any additional disinfection, sampling, flushing, or chlorination performed by City forces or consultants, including any overtime needed, in response to a failed bacteriological test shall be charged to the Contractor. No bacteriological testing shall be performed on Thursday, Friday, Saturday or Sunday unless otherwise approved by the Director.
8. Contractor shall notify all impacted users ten (10) calendar days prior to any approved shutdown and provide the City with a sample of the notification and a summary of the outreach performed.
7.L WORK OUTSIDE OF THE CITY’S NORMAL WORK HOURS
1. The Water Utility does not regularly regularly work outside of normal working hours, but in rare and exceptional circumstances, the City may consider it pursuant to the following conditions.
2. Construction work for the installation of water infrastructure shall not be performed outside of normal City work hours without the written authorization of the Director. Contractor shall exhaust all options prior to requesting work outside of normal City work hours.
3. Requests for work outside of normal City work hours must be submitted to the Water Utility six (6) weeks prior to the proposed date of the work. The request shall discuss the options considered by the Contractor and the reasons why work cannot be performed within normal work hours and shall include a tie-in plan if the work will involve a shutdown of a portion of the City’s Water System.
4. Contractor shall pay all applicable fees for work outside of normal work hours prior to the proposed date of work.
7.M DEVELOPMENT SHALL INSTALL BACKFLOW PREVENTION DEVICES Unless otherwise required by Title 17 or any successor regulation, all Developments except single-family homes, duplexes and Accessory Dwelling Units (ADUs) and remodels, shall install a Backflow device that meets City’s current standard on every Potable Water Service Connection to the Premises.
7.N UPGRADING SERVICE CONNECTIONS TO MEET CURRENT STANDARD Unless otherwise required by Title 17 or any successor regulation, all Developments except single-family home remodels, with existing Backflow Prevention Devices which do not meet the City’s current Standard or, in the opinion of the Director, do not provide adequate protection from Backflow, shall be upgraded at the Developer’s expense. Upgrading may include complete replacement and relocation of the Backflow Prevention Device and meter assembly, installation of additional devices and /or correction of any onsite Cross-Connection hazards. All upgrades to Fire Service Connections shall require the approval of the City Fire Department prior to installation.
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7. NEW DEVELOPMENT (continued)
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
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City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 20
7.O SEPARATE SERVICES
All Developments shall provide Separate Service Connections for each type of water and Recycled Water use, such as, but not limited to, domestic, fire, irrigation, Dual Plumbing, cooling, industrial water use, and for each type of land use such as, but not limited to, residential, commercial, industrial use on the Premises, each separately metered and tapped at the water Main. Multiple water uses shall not be served by a single Service Connection. All services shall be metered separately.
7.P MINIMUM SERVICE SIZE FOR SINGLE-FAMILY HOMES
The minimum meter and service size for a new single-family home, remodel or ADU with a fire sprinkler shall be a one-inch (1”) meter and Service Connection.
7.Q SUBMETERING
All Developments shall comply with the Submetering requirements of the California Water Code, Health and Safety Code and Building Code. All requests for exemptions shall be submitted to the City’s Building Official.
7.R PRIVATE WELLS
1. It shall be the responsibility of the Owner/Developer to disclose the existence of all water wells on the property to be developed. The locations of all existing wells shall be shown on all site plans and included with Permit applications to the City for any onsite modifications or construction.
2. All Developments with existing private wells shall be assessed for Cross-Connection hazard and may be required to be removed if deemed a “high hazard” by the City.
3. Developments that are required to remove existing wells shall destroy all existing wells in accordance with all applicable regulations prior to connection to the City’s Water System whether expressly stated or not.
4. The well or wells shall be sealed in accordance with the Standards promulgated by Santa Clara Valley Water District. A copy of the Destruction Permit issued by the District, indicating that the well or wells have been properly sealed, shall be submitted to the City as evidence thereof.
7.S DEVELOPMENT REVIEW
8.A.1.Prior to submitting any projects for Water Service, the Developer shall submit a site plan showing all existing utilities, trees, structures and easements to the Water Utility. Developer shall then contact the City City Electric Department and Water Utility for requirements and prepare the site plan resolving coordination of all utilities. Charges for new Service Connections are payable in advance and shall be in accordance with the applicable sections of the City Code.
8.A.2 Most Water Service Connections will normally be furnished and installed by City between the street curb and the property line.
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7. NEW DEVELOPMENT (continued)
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
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8.A.3 Subject to approval of the Director of Water and Sewer Utilities, and providing there is no depressed grade condition planned or existing on the Premises, water needs may be served by an on-site water distribution system and individual meters installed (either by City or Developer) and maintained by City in an easement (minimum width 15 feet) granted for that purpose.
Developer must contact the Water Utility for the water infrastructure design criteria prior to designing the on-site utilities.
7.T UTILITY CLEARANCES
The Developer shall maintain a minimum of one foot (1’) of vertical clearance measured from outside diameter to outside diameter at all Water Service crossings with other utilities, and the following required minimum horizontal clearances, measured from outside diameter to outside diameter of edge, from Water Services:
(a) ten feet (10’) from sanitary sewer utilities,
(b) ten feet (10’) from Recycled Water utilities,
(c) eight feet (8’) from storm drain utilities,
(d) five feet (5’) from fire and other water utilities, (e) three feet (3’) from abandoned Water Services,
(f) five feet (5’) from gas and electric utilities,
(g) seven feet (7’) from high pressure gas mains,
(h) five feet (5’) from the edge of the proposed or existing driveway, and (i) five feet (5’) from structures, poles and fountains.
8.A.4 All trees, existing and proposed, shall maintain a minimum clearance of 10 ten feet (10’) from any existing or proposed wWater facilities. If tree root barriers are used, clearance from trees reduces to five feet (5’) measured from the edge of the tree root barrier to the edge of water facilities. Existing trees that conflict will have toshall be removed. Trees shall not be planted in water easements or public utility easements.
No structures (fencing, foundation, etc.) or treatment facilities (biofiltration swales, etc.) shall be placed over utilities and utility easements.
7.U 8.B RELOCATION OF EXISTING FACILITIES
No existing City facility shall be relocated prior to the authorization of the City and the cost of the relocation shall be paid for by the Developerment.
7.V 8.C RIGHTS OF WAY
Water easements shall be provided by Customer for all City Wwater Uutility facilities located outside of the public right of way. City will determine the location of easements and prepare document(s) at Ccustomer’s expense, for Customer’s signature, unless easements are dedicated on a Tract or Parcel map. The City is not obligated to accept an easement or any public improvement installed within an easement on private property.
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7. NEW DEVELOPMENT (continued)
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
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City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 22
7.W OBLIGATION TO PROTECT EXISTING PUBLIC UTILITIES
Any Contractor performing any work within the public right of way or within 10 feet of an existing public water or Recycled Water Main, service, Appurtenance or facility shall be responsible to locate the facility and protect it in place prior to construction activity.
Contractor shall not proceed with any construction activity within a public right of way or easement that includes an existing public water or Recycled Water Main, service, Appurtenance or facility prior to receiving approval from the Water Utility.
If any existing public utility Main, service, Appurtenance or facility is damaged as a result of the Contractor’s activity, Contractor shall be responsible for the repair and/or replacement of the damaged utility infrastructure and all associated costs including, but not limited to, bypass improvements, shutdowns, monitoring, mitigations for discharges into the storm or sewer system, overtime charges, traffic control, Permitting, inspection and reporting to Rregulatory Agencies.
7.X DEMOLITION PERMITS
Contractor and Owner shall disconnect all existing Water Services prior to issuance of onsite construction Permits and commencement of onsite demolition work. Demolition work shall not commence without prior verification that utility services have been disconnected.
7.Y NEW SERVICE APPLICATIONS
1. Contractor Owner shall submit new Water Service applications to the Water Utility for all Service Connections prior to the issuance of any encroachment Permit which will install or modify a Water Service Connection. New meters will not be released or installed if a complete Customer account is not on file with the City at the time of meter installation.
2. Contractor or Owner shall be billed for all water usage generated from the date of meter installation.
Z
7.Z RECORD DRAWINGS
Record Drawings shall be prepared to show all utility improvements as constructed and shall include all changes in work constituting departures from the City approved design drawings.
Record Drawings shall be submitted to the City for review and approval prior to building occupancy. A GIS-compatible file shall be submitted with the Record Drawings which contains geospatial data of the new improvements that can be directly incorporated into the City’s GIS system.
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TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
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City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 23
8. CITY DISTRIBUTION SYSTEM ON CUSTOMER PREMISES 8.
AFFORDABLE HOUSING PROJECTS
8.A NEW DEVELOPMENTS
8.A.1. Prior to submitting any projects for Water Service, the Developer shall submit a site plan showing all existing utilities, trees, structures and easements to the Water Utility.
Developer shall then contact City Electric Department and Water Utility for requirements and prepare the site plan resolving coordination of all utilities. Charges for new Service Connections are payable in advance and shall be in accordance with applicable sections of the City Code.
8.A.2 Most Water Service Connections will normally be furnished and installed by City between the street curb and the property line.
8.A.3 Subject to the approval of the Director of Water and Sewer Utilities, and providing there is no depressed-grade condition planned or existing on the Premises, water needs may be served by an on-site water distribution system and individual meters installed (either by City or Developer) and maintained by City in an easement (minimum width 15 feet) granted for that purpose. Developer must contact the Water Utility for the water infrastructure design criteria prior to designing the on-site utilities.
8.A.4 All trees, existing and proposed, shall maintain a minimum clearance of 10 feet from any existing or proposed Water facilities. Existing trees that conflict will have to be removed. Trees shall not be planted in water easements or public utility easements.
8.B RELOCATION OF EXISTING FACILITIES
Any relocation of existing City facilities shall be paid for by the requesting party.
8.C RIGHTS OF WAY
Water easements shall be provided by Customer for all City water utility facilities. City will determine the location of easements and prepare document(s) at customer’s expense, for Customer’s signature, unless easements are dedicated on a Tract or Parcel map.
8.A DEFINITIONS
“Proposed Developments that include housing units affordable to lower income households” shall have the same meaning as set forth in Government Code Section 65589.7(d)(1).
8.B PRIORITY IN THE EVENT OF SERVICE LIMITS
In the event the City experiences service limitations due to constraints in water supply or in wastewater treatment and disposal capacity or regulatory restriction, the City shall grant a priority for the provision of future water and sewer service to proposed Developments that include housing units affordable to lower income households. The City shall apply the following priorities in descending order:
1. Continued service to existing connections and Customers.
POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND REGULATIONS No. 88. AFFORDABLE HOUSING PROJECTS (continued)
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
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City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 24
2. Existing commitments contained in Development agreements.
3. Proposed Developments that include housing units affordable to lower income households.
4. New Developments on existing in-fill, developable parcels.
5. Other nNew Developments.
8.C PROHIBITION ON DENIAL OR CONDITIONING OF SERVICE
The City shall not deny or condition the approval of an application for services to, or reduce the amount of services applied for by, a proposed Development that includes housing units affordable to lower income households unless the City makes specific written findings that the denial, condition, or reduction is necessary due to the existence of one or more of the following:
1. The City does not have “sufficient water supply,” as defined in Government Code Section 66473.7(a)(2), or is operating under a water shortage emergency as defined in Water Code Section 350, or does not have sufficient water treatment or distribution capacity to serve the needs of the proposed Development, as demonstrated by a written engineering analysis and report.
2. The City is subject to a compliance order issued by the State Department of Health Services that prohibits new water connections.
3. The City does not have sufficient treatment or collection capacity, as demonstrated by a written engineering analysis and report on the condition of the treatment or collection works, to serve the needs of the proposed Development.
4. The City is under an order issued by a State Water Resources Control Board that prohibits new sewer connections.
5. An applicant has failed to agree to reasonable terms and conditions relating to the provision of service generally applicable to Development projects seeking service from the City, including, but not limited to, the requirements of local, state or federal laws and regulations or payment of a fee or charge imposed pursuant to Government Code Section 66013.
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9. ACCESS, INTERFERENCE, TAMPERING, AND THEFT
9.A CITY RIGHT OF ACCESS
The City shall have immediate and unhindered access, without notice, to and from a Customer’s Premises for any purpose reasonably connected with the furnishing of Water Services, including but not limited to the abatement of water waste, inspection, reading, testing, maintenance, removal, and replacement of City Equipment. The Water Utility and Municipal Services Division jointly and singly retain the authority to enforce these provisions.
When access is not immediate and unhindered, the City may issue citations with the following graduated levels: notice of denied access, warning of impending citation, citation, warning of impending civil/criminal action, or any other enforcement remedy provided for in the City Code.
The City may require the Customer to provide, without cost to the City, a new approved location for equipment or to re-establish the immediate and unhindered access to the previously approved location.
9.B WORK OUTSIDE CITY’S OPERATING CONVENIENCE
When requested by the Customer, and where circumstances permit some flexibility in scheduling of necessary repairs or improvements, the City may at its sole option perform the work during other than normal City working hours for the increased convenience of the Customer, providing that the Customer acknowledges in writing, prior to the performance of said work, their willingness to pay for any costs incurred by the City as a result of performing said work at other than during normal City working hours.
9.C INTERFERENCE
Any person preventing or interfering with any City Employee in the lawful discharge of duties is subject to penalties, prosecution, and punishment.
9.D TAMPERING
To rearranging, bypassing, damaging, altering, breaking, preventing normal function of equipment in any way, or preventing access to Service Connection or other City owned facilities may be considered Tampering. It shall be unlawful for, and the City may immediately discontinue Water Service and bring a criminal action against, any person, firm, corporation or association that commits, authorizes, solicits, aids, abets or attempts to:
1. Change the intended course or path of Water Services without authorization from the City.
2. Make, or cause to be made, any connection or restoration with property owned or used by the City to provide Water Services.
3. Prevent any water meter, or other device used to determine the amount of water consumed by a Customer, from accurately performing its measuring function.
4. Tamper with, or otherwise access without permission from the City Water Utility, any property owned or used by the City to provide Water Services.
5. Use or receive Water Service without consent of the City or payment of all lawful charges.
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9. ACCESS, INTERFERENCE TAMPERING AND THEFT (continued)
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
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City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 26
9.E THEFT
It is unlawful for any person to use, divert, receive or take water from the City Water System from any public fire hydrant, blow-off valve, water Main, Water Service lateral or other City facility or connection to a City facility without the authorization of the City.
9.E9.F FRAUD
The City may discontinue the Service Connection without notice if a Customer’s actions or the conditions of the Premises indicate the Customer’s intent to defraud the City.
9.F9.G LIABILITY, PENALTY, PROSECUTION AND PUNISHMENT FOR VIOLATION
1. Legal liability and responsibility, for violation of these Rules and Regulations, lies with the Customer of record and/or any additional recipient who benefits from the Water Service.
2. For violation of the Rules and Regulations set forth regarding interference, Tampering or theft, the City shall levy a charge set forth in the City of Santa Clara Municipal Fee Schedule, adopted by resolution of the City Council.
9.G9.H CIVIL ACTION
In any civil action brought, the City may recover three times the amount of actual damages, plus the cost of the suit, reasonable attorney’s fees and any other amounts allowed by law. In addition, the City may bring an action to enjoin and restrain any violation of these Rules and Regulations.
POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND REGULATIONS No. 10
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
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City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 27
10. TEMPORARY WATER SERVICE
Temporary Wwater Sservice, as herein considered, refers to service of a temporary nature or of questionable permanency. The City shall, if no undue hardships result therefrom, furnish temporary service under the following conditions:
10.A TIME LIMIT
Temporary Service Connections shall be disconnected and terminated within twelve (12) months after installation unless an extension of time is granted in writing by the City. (See Chapter 1331, Article II of the City Code for rules and regulations concerning temporary service from fire hydrants.)
10.B CHARGE FOR WATER SERVED
Charges for water furnished through a Ttemporary Wwater Service Connection shall be at the established rates for regular Customers.
10.C INSTALLATION CHARGE AND DEPOSITS
The applicant for temporary service will be required:
1. To pay to the City in advance the estimated cost of installing and removing all facilities necessary to furnish such service, unless other arrangements are approved by the City Council. If service is supplied through a fire hydrant and hydrant meter, the applicant will be charged in accordance with the established rate schedule in effect at the time application is made.
2. To deposit with the Municipal Services Division an amount sufficient to cover bills for water during the entire period such temporary service may be used, and as set forth in the City’s Municipal Fee Schedule service deposits in effect at the time.
3. Nothing in these Rules and Regulations shall limit or affect the right of the City to collect from the Customer any other or additional sums of money which may become due and payable to the City from the Customer by reason of the Temporary Water Service furnished or to be furnished. The City may refuse Water Service if, in the judgment of the City, unsafe or hazardous conditions exist.
10.D REFUNDS
A refund of the Temporary Water Service deposit less applicable fees or charges will be applied to the Temporary Water Service closing bill. An Owner of thea Premises, executive officer of corporation, or business, with an unpaid closing bill can transfer the outstanding balance to any existing or future accounts without regard to Customer class.
10.E TEMPORARY WATER PERMIT
1. Any person or company desiring to use water drawn from a fire hydrant for the purpose of spraying, jetting or dust control or for any other reason must first obtain a temporary water Ppermit by applying to the Water Utility. (See Section 17.E16.D.)
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10. TEMPORARY WATER SERVICE (Continued)
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
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Latest Revision: 11/3/0311/19/24 Page 28
2. It is specifically prohibited to operate the valve of any fire hydrant other than by the use of a spanner wrench designed for this purpose.
3. It is unlawful for any person, except the City’s Fire Department, to take water from any City fire hydrant or any City Water facilities, without first obtaining a Ppermit and complying with the City’s rules and regulations for water service and usePotable and Recycled Water System Rules and Regulations.
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Latest Revision: 11/3/0311/19/24 Page 29
11. SHORTAGE OF SUPPLY AND INTERRUPTION OF DELIVERY
11.A WATER SUPPLY
The City will exercise reasonable diligence and care to furnish and deliver a continuous and sufficient supply of Water Services to the Customer, but does not guarantee continuity or sufficiency of supply. The City will not be liable for any damage resulting from the interruption, shortage, or insufficient supply of Water Services to the Customer.
11.B TEMPORARY WATER SERVICE SUSPENSION
The City will have the right to suspend temporarily the delivery of Water Service whenever necessary to make repairs or improvements to its system. Reasonable notice, as circumstances permit, will be given to the Customers, and the repairs or improvements will be completed as rapidly as possible during normal City working hours, and where possible, with the least inconvenience to the Customers.
11.C APPORTIONMENT OF WATER SUPPLY
If a shortage of supply occurs, the City will make an apportionment of the available supply of water among Customers as ordered or directed by the City Council. In the absence of an order or direction by the City Council, the City Manager will apportion the available supply of water among Customers in a reasonable manner.
POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND REGULATIONS No. 12
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
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City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 30
12. DESCRIPTION OF STANDARD WATER SERVICE
12.A NUMBER OF SERVICES TO SEPARATE PREMISES
Except as otherwise provided in Section 12.B below, sSeparate Premises under single control or management shall normally be supplied through a singleSeparate Service Connections. The Customer may request separate individuala single Sservices Connection with a master meter, whereupon the City shall evaluate Customer’s request and, at City’s option, may provide separateaccept a single services.
12.B SERVICE TO MULTIPLE UNITS
1. Separate residential houses, apartments or other multi-family accommodations, or business establishments on the same Premises or on adjoining Premises under a single control or management may be served by either of the following methods, at the option of the City, taking into consideration the Customer’s preferenceas detailed below:
(a) Through a single metered Service Connection to the entire Premises, as provided in Rate Schedule.
(b)2 Through separate metered Service Connections to each or any group of units, provided that the system from each service is independent and not interconnected with any others.
(c) If a master meter is used to serve multiple residential or commercial units, then the Owner shall install Submeters to measure the quantity of water used by each unit and shall comply with all applicable State regulations.
2. For Developments other than ADUs, the City may select the methods listed above in Section 12.B.1(a) or 12.B.1(b), taking into consideration the Customer’s preference.
3. ADUs constructed on lots with single-family zoning or on lots with an existing single-family dwelling shall be served by the method described in Section 12.B.1(a) above. (a) Notwithstanding the foregoing, ADUs shall be served by the method described in Section 12.B.1(b) if the ADU(s) is constructed at the same time as a new singlefamily dwelling, or in the event the property Owner requests to have Separate Service Connections.
12.C SINGLE METER SERVICE TO MULTIPLE TENANTS/UNITS
1. When separate domestic and/or Ccommercial Sservices are served on the same Premises through a single-metered Service Connection (master meter), the Owner may resell water to tenants of the Premises at rates identical with the rates of the City that would apply if that Water Service was supplied to the individual tenants or units directly by the City, regardless of the rate the Owner is charged, provided the Owner complies with either 12.C.1(a), or 12.C.1(b) or 12.C.1(c). Within thirty (30) days upon written request by the City, the Owner must submit four (4) consecutive quarterly water billing summaries to the City for compliance auditing purpose.
(a) Water is separately metered to the individual tenants or units. --- -----
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12. DESCRIPTION OF STANDARD WATER SERVICE (Continued)
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(b) Water is not separately metered. The Owner shall be responsible for purchase of all water used for landscape irrigation and other common area uses. The tenants shall receive separate bills for the water used by the tenants alone without any incremental charges (service or handling) billed to tenants’ accounts. For residential accounts, the charge to the tenants for water shall be derived from a consistent formula for allocation that includes the number of individuals in each household (e.g., 100% occupancy or 50% occupancy and 50% square footage).
For non-residential master-metered accounts, the amount allocated to each tenant shall be consistently calculated based on a formula that includes a reasonable standard for water use at each business type and square footage of each tenant’s unit.
(c)
12.C.2 The charge to the tenants for such water is absorbed in the rental charges for that individual tenant or unit with no separate identifiable charge for water, and the rent does not vary with water consumption.
2.12.C.3 If water is resold otherwise than provided for above, the City may dDiscontinue service to the Owner, or furnish water directly to the individual tenants or units through separate meters installed at the sole cost of the Owner.
3.12.C.4 Under these Rules and Regulations, tThe responsibility for payment for all Water Services furnished to individual tenants or units on the same Premises under these Rules and Regulations and supplied through a single Service Connection shall be the obligation of the Owner. It shall further be the Owner’s responsibility of the Owner to inform individual tenants or units of the method of metering Water Services. The City will have no contractual relationship with tenants of individual units where a Customer receives service through a single metered connection, nor a relationship created by payments made directly to the City on behalf of the Owner by tenants or other third parties.
4.12.C.5 As a condition of service for single metered service, the Owner has agreed to be governed by the applicable City Rules and Regulations. As a further condition of service for single metered service, the Owner has agreed that the City may inspect and examine the Owner’s billing procedures from time to time to determine that such service is made in accordance with these Rules and Regulations, or as otherwise may be authorized by the City.
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13. RESPONSIBILITY FOR EQUIPMENT AND PROTECTIVE DEVICES
13.A RESPONSIBILITY FOR EQUIPMENT
13.A.1. The Customer shall, at the Customer’s risk and expense, furnish, install and keep in good and safe condition equipment and suitable housings that may be required for receiving, controlling, applying and utilizing water, regardless of the location of the meters, or other City Equipment, and the City shall not be responsible or liable for any loss or damage caused by the improper installation of such water equipment, or the negligence, want of proper care or wrongful act of the Customer or of any of the Customer’s tenants, agents, employees, contractors, licensees or Ppermittees in installing, maintaining, using, operating, Tampering, or interfering with such equipment. The City shall not be responsible or liable for damage to Customer’s property and/or equipment, either when the water is turned on originally or when turned on after a temporary shutdown, during normal operating conditions, times of local or system trouble and/or after rRestoration. The City shall not be responsible or liable for damage to, or the failure of, any component of the Customer’s equipment due to a defect in Customer’s equipment or failure to maintain adequate protection as described in these Rules and Regulations.
13.A.2. The Customer shall exercise reasonable care to prevent City Equipment on the Customer’s Premises from being Tampered or interfered with, damaged, or destroyed.
The Customer shall be liable for damage to City Equipment arising from negligence, want of proper care, or wrongful act of the Customer or Customer’s tenants, agents, employees or contractors. If any defect is discovered by the Customer, the Customer shall promptly notify the City.
13.B PROTECTIVE DEVICES
13.B.1. It is the Customer’s responsibility to furnish, install, inspect and keep in good and safe condition at that Customer’s own risk and expense, all appropriate protective devices of any kind or character, which may be required to properly protect the Customer’s facilities and equipment from any event caused without negligence by the City or from any event caused by another Customer. The City is not responsible or liable for any loss or damage occasioned or caused by the negligence, or wrongful act of the Customer, or of any of that person’s agents, employees or licensees in omitting, installing, maintaining, using, operating or interfering with any such protective devices.
13.B.2. It is the Customer’s responsibility to select and install such protective devices as may be necessary to coordinate properly with the City’s protective devices to avoid exposing other Customers to unnecessary Wwater Sservice interruptions. Failure to provide appropriate protective devices or to properly coordinate said equipment with the City’s protective devices may result in discontinuance of Water Service. - - -
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14. SERVICE CONNECTIONS AND METERS
14.A SERVICE CONNECTIONS
Water Service Connections will be installed in the size and at the location desired by the applicant where such requests are reasonable and in accordance with City Standards. Service Connections will be made only to property abutting on public streets or to such distribution Mains as may be constructed in alleys or rights-of-way at the convenience of the City. Service Connections installed in the new subdivisions prior to the construction of streets or in advance of street improvements must be accepted by the applicant in the installed location. Charges for new Service Connections are payable in advance and shall be in accordance with applicable sections of the Code.
14.B METERS
1. A separate Water Service Connection is required for each water use on a Customer’s Premises including, but not limited to, domestic, fire, irrigation, cooling, industrial processes and other uses.
2. A separate Water Service Connection is required for each land use on a Customer’s Premises including, but not limited to, residential, commercial, industrial and other uses.
3. All Service Connections shall be individually metered with the exception of Fire Service Connections.
4. The minimum meter and service size for any new service shall be a one-inch (1”) meter and Service Connection.
5. Existing services that remain on new Development projects or tenant improvement projects shall be reviewed for compliance with AWWA minimum sizing requirements.
6.14.B.1 When an authorized service entrance has been established, meters will normally be furnished and installed between the curb and the property line. The charges for meters shall be in accordance with applicable sections of the Code.
7.14.B.2 No rent, or other charge, will be paid by the City for a meter or other facility, including housing and connections, located on a Customer’s Premises.
8.14.B.3 All meters will be sealed by the City at the time of installation, and no seal shall be Tampered with or broken by the Customer at any time thereafter.
9.14.B.4 The City reserves the right to meter any and all services and to apply the established metered rates to the quantity of water measured by them.
14.C CHANGES IN LOCATION OF METERS AND SERVICE CONNECTIONS Meters or services moved for the convenience of the Customer will be relocated at the Customer’s expense.
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14. SERVICE CONNECTIONS AND METERS (Continued)
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14.D CHANGES IN SIZE OF METER
Upon request of a Customer and subject to the approval of the Director, the size of an existing meter may be changed at the Customer’s expense. After the meter change is made, the monthly rates shall be adjusted to reflect the change in meter size. Charges for meter changes shall be made by applying the rates shown in the Code to the applicable situation as follows:
14.D.1 When an existing meter is replaced in size by a larger meter, the Customer shall be given a credit for the rate established for the existing meter. Said credit shall be applied against the rate established for the larger meter, and the differential cost shall be paid to the City by the Customer.
14.D.2 When an existing meter is replaced in size by a smaller meter, the Customer shall be given a credit for 70% of the rate established for the existing meter. Said credit shall be applied against the rate established for the smaller meter and the differential cost, if any, shall be paid to the City or refunded to the Customer as the case may be.
14.E SUBMETERING
All Developments shall comply with the Submetering requirements of the California Water Code, Health and Safety Code and Building Code. All requests for exemptions shall be submitted to the City’s Building Official.
14.E14.F OWNERSHIP
The Service Connection, whether located on public rights-of-way or easements through private property, is the property of the City,; and the City reserves the right to repair, replace and maintain it, as well asand to remove it upon discontinuance of service.
14.F14.G MAINTENANCE
The Service Connection, including the meter and the meter box, will be repaired and maintained by the City at its expense except for damages as set forth in Section 13. The City is not responsible for the installation and/or maintenance of water lines beyond the end of its Service Connections and/or meter.
14.F14.H SPLIT SERVICE CONNECTIONS
The City, in several locations, has installed in residential subdivisions two meters on a common service, known as a “split service.” In the event that a Customer wishes a single service to replace the split service, the charges will be in accordance with the City Code for a new one-inch (1") service including street opening fees.
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City Council Resolution # 7083 (11/04/03)
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15. MAIN EXTENSIONS
15.A EXTENSIONS
Main extensions and Service Connections for Applicants, sub-dividers or property developers shall be made in accordance with the applicable provisions of the Code.
15.B RIGHT TO CHANGE POLICY
It is understood that the policy stated herein may be changed by the City Council at such time or times as it may deem advisable or necessary. In no instance is this policy to apply retroactively to any subdivision, development, or Service Connection previously approved by the City Council and for which an agreement covering Water Service has been executed.
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16.15. AUTOMATIC FIRE SERVICE CONNECTIONS
16.A15.A PURPOSE
An automatic Ffire Service Connection of four-inch (4”") diameter or larger, up to one size increment smaller than the the size of the connected Main, will be furnished permitted in accordance with City Standards only if adequate provision is made to prevent the use of water from such Service Connection for purposes other than fire extinguishing.
16.B15.B REQUEST AND APPLICATION
1. All requests for automatic Ffire Service Connections shall require an encroachment Permit from the Department of Public Works and shall be referred toapproved by the Water Utility.
2. All new Fire Services or existing services that will install a new Backflow Prevention Device or upgrade an existing Backflow Prevention Device requires the approval of the City Fire Department.
16.B.23. The Permit submittal shall meet the requirements of the Development review and Permitting process and shall, at a minimum, include Aa location map with a job title and the date the service is needed. shall accompany each request.
16.B.34. The Ccontractor or Owner shall make submit an encroachment Permit application for the Ffire Sservice at the Utilities OfficeDepartment of Public Works and shall also submit an application for all necessary fire Permits with the City Fire Department.
15.C BACKFLOW PREVENTION DEVICES FOR FIRE SERVICE CONNECTIONS
1. An approved Backflow Prevention Device is required for all Fire Service Connections to Premises receiving water from the City. The Backflow Prevention Device shall be placed at the Service Connection or at a location approved by the City. Backflow Prevention Devices shall comply with all requirements of Section 19, Cross-Connections, of these Rules and Regulations and the City’s Standard Details.
2. The applicant shall design the onsite fire suppression system to accommodate the available pressures and flow downstream of the Backflow Prevention Device and shall make any necessary modifications to an existing system to ensure that it complies with the requirements of the City Fire Department.
15.D MINIMUM SIZE FOR SINGLE-FAMILY HOMES WITH FIRE SPRINKLERS The minimum size Service Connection for single-family homes and ADUs with an automatic fire sprinkler system is a one-inch (1”) Service Connection and meter.
16.C15.E INSTALLATION CHARGES FOR CITY WORK
If the applicant requests that the City installs the Fire Service Connection, tThe applicant will be required to make payment of the fees as specified in the Code for the automatic Ffire Sservice in advance of installing the Service Connection.
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6156. AUTOMATIC FIRE SERVICE CONNECTIONS (Continued)
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16.D15.F QUANTITATIVE CHARGES
1. Water for Fires: No charge will be made for water used to extinguish fires.
2. Water for Fire Storage Tanks: Occasionally water may be obtained from an automatic sprinkler service for filling a storage tank connected with Ffire Sservice, but only if written permission is secured from the Water Utility in advance and an approved means of measurement is available. The rates for general use will be applied.
3. Other: Water lost through leakage or in unauthorized testing or used in violation of these Rules and Regulations shall result in an imposition of regular Water Service rates on the Ffire Sservice account for a minimum of three billing cycles or longer, until such time as illicit use of water through the Ffire Service Connection is discontinued.
15.G TESTING
The Owner shall request the authorization of the Water Utility for testing or use of a Fire Service Connection prior to scheduling. The request shall be in writing and may be delivered in person or by email to [email protected]. The water used shall be tracked and reported to the Water Utility and shall be charged at the regular Water Service rate.
16.E15.H VIOLATION OF AGREEMENTRULES AND REGULATIONS
If water is used from a Ffire Sservice in violation of the agreement or of these Rules and Regulations, the City may, at its option, discontinue and remove the service.
16.F15.I OWNERSHIP OF CONNECTION
The Service Connection and all equipment Aappurtenant thereto shall be the sole property of the City, and no part of the cost thereof will be refunded to the applicant.
16.G15.J PRESSURE AND SUPPLY
The City assumes no responsibility for loss or damage because of lack of water or pressure and merely agrees to attempt to furnish such quantities and pressures as are available in its general distribution system. The service is subject to shutdowns and variations required by the operation of the system or due to accidents beyond the ability of the City to control.
15.K FIRE FLOW AND DEVELOPMENT IMPACT REQUESTS
1. Applications for fire flow data and Development Impact Analysis (DIA) may be submitted to the Water Utility in person or by email to [email protected].
2. FeesCharges for the fire flow analysis and/or DIA are payable in advance and shall be in accordance with the applicable section of the Code.
3. The City performs all fire flow analysis and DIA on a hydraulic model. and will provide results from the time of peak usage.
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4. Fire flow data and DIA results may varychange over time due to changes in the City’s Water System or discrepancies between in-field fire flow results and fire flow results from hydraulic modeling.
5. The applicant or Owner is responsible for meeting the requirements of the City Fire Department and Water Utility at all times and may be required to modify their fire sprinkler system based on the most current fire flow data in order to meet the Fire Department’s requirements and the Water Utility’s requirements.
16.H15.L RATES
Monthly charges furnished for automatic fire sprinkler service shall be at the established rates. ----
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1716. FIRE HYDRANTS
17.A16.A USE OF AND DAMAGE TO FIRE HYDRANTS
No person or persons, other than those designated and authorized by proper authority, shall open any fire hydrant, attempt to draw water from it or in any manner damage or Tamper with it. Any violation of this regulation is punishable by law, and in accordance with City Code.17.B
INSTALLATION OF FACILITIES ON PRIVATE PROPERTY
Fire hydrants and other facilities will be installed for use on private Premises by the City under agreement entered into by the parties concerned and the City.
17.C16.B MARKING OR COLOR CODING OF FIRE HYDRANTS
1. Public Hydrants: All public hydrants including, but not limited to, hydrants which are municipally installed, operated, controlled and maintained shall have white barrels or bodies with the color coding, marking, or stenciling as required by the State Fire Marshal.
2. Private Hydrants: All private hydrants shall have the barrel, top, and nozzle caps painted “safety yellow” to distinguish them from public hydrants.
16.C17.D MODIFICATION OR RELOCATION OF FIRE HYDRANTS
1. The City, at its sole discretion, reserves the right to install a new fire hydrant or to relocate an existing fire hydrant to a new location within the right of way or along the frontage of a Customer’s Premises.
2. If a property Owner, or other party of a developed or redeveloped Premises, desires a change in the size, type or location of an existing fire hydrant, said Owner or other party shall bear all costs of such changes, without refund. If a fire hydrant is installed by the City which precedes the development of the Premises and the location of said fire hydrant interferes with the development of the Premises, the City, at its sole expense, shall move the existing fire hydrant to a new location on the Premises.
3. Any change in the location of a fire hydrant must be approved by the Water Utility and the Fire Chief.
16.D17.E WATER FROM FIRE HYDRANTS
1. Permit to Use Extract Water is Required: It shall be unlawful for any person to take water from any City fire hydrant or any City water facility, except the City Fire Department, without first obtaining a Ppermit and complying with the regulations contained in these Rules and Regulations.
2. Application; Issuance and Deposit: After application to and approval of the Water Utility, The Ppermits required by the preceding section will be issued by the Water Utility.
Applications for the temporary use of water from a public fire hydrant shall be filed with the Water Utility Office at City Hall. The application shall include an exhibit showing the location(s) of the fire hydrant(s) that will be used.
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7167. FIRE HYDRANTS (Continued)
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After application to and approval of the Water Utility , the applicant shall pay a deposit to the Municipal Services Division Office upon application and payment of a deposit, a portion of which is non-refundable. (The refundable portion of a deposit is not normally required of other public agencies or utilities.) A copy of the receipt confirming payment shall then be provided to the Water Utility.
3. Denial or Revocation: The City shall have the right to refuse or revoke any Ppermit issued pursuant to these Rules and Regulations when the use of same results in surging or pressure complaints due to careless operation of the fire hydrant valve or for any other cause.
4. Issuance of Equipment; Manner of Extracting Using Water; Water Meters Generally: An appointment will be scheduled for Tthe Aapplicant filing for a Ppermit under the preceding section shall then report to the Water and Sewer Utilities Meter Shop to issue and install corporation yard, where athe portable water meter and Bbackflow Pprevention Ddevice with hose adapter for connection to the City fire hydrants and a spanner wrench will be issued. No other equipment, tools or accessories shall be furnished by the City. All water used must be taken through the water meter and Bbackflow Pprevention Ddevice. The water meters and Bbackflow Pprevention Ddevice assemblies shall be locked by the City.
The Ppermittee shall not make any modifications, Ttamper, remove or relocate the portable water meter and Bbackflow Pprevention Ddevice without the prior approval of the Water and Sewer Utilities Meter Shop.
The Water Utility shall have the right to test and inspect these devices to ensure that they are working in a satisfactory manner. All meters shall be tested by the Water and Sewer Utilities Meter Shop every six (6) months, at a minimum. Service of water shall be immediately discontinued by the Water Utility if the Bbackflow Pprevention Ddevice is not installed, if the relief valve is Ttampered with or dumping, if it is found that the Bbackflow Pprevention Ddevice has been removed or bypassed, if unprotected CcrossCconnections exist on the Ppremises, or if the Ccustomer fails to timely report their meter reading or pay any charges due here under. Service will not be restored until such conditions are corrected.
The applicant shall immediately notify the Water and Sewer Utilities Meter Shop at the time the hydrant meter is no longer being used. An appointment will be scheduled for the Water and Sewer Utilities Meter Shop to remove the portable water meter and Bbackflow Pprevention Ddevice from the hydrant. The Ppermittee shall notify the Santa Clara Fire Department upon the issuance of the water meter and before the use of the hydrants. The water meter shall be immediately removed and disconnected from the fire hydrant after hydrant use has concluded. The Ppermittee shall notify the Santa Clara Fire Department at the time the hydrant is no longer being used.
5. Reading of Water Meters and Rendering of Accounts; Water Drawn for Use Outside City
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7167. FIRE HYDRANTS (Continued)
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(a) Meters provided for in the preceding section shall be read monthly. The meter reading can be performed during working hours at the Water and Sewer UtilitiesUtility corporation yard, between the twenty-fifth and the last day of each month. Or the meter reading shallcan be recorded and sent to the Water Utility by email at [email protected] by the fifth (5th) of each month.on a card issued with the meter and mailed to the Municipal Services Division Office by the twentieth (20th) of each month.
(b) Accounts whose meters are not read during this period shall be billed the monthly minimum for a three-inch (3”) meter and this amount shall not be applicable as payment toward water used, either previously or thereafter. In addition to the monthly minimum, the Ppermittee remains responsible for the full amount of water actually used. Accounts shall be billed monthly for water used at the rates established therefore by the City. Water drawn for use in projects outside the City shall be billed and paid for at one and one-half (1.5) times the established City rates.
6. Return of Equipment to City; Final Billing, etc.: When water is no longer needrequired, the water meter and other equipment shall be returned to the Water and Sewer UtilitiesUtility corporation yard and checked in. The deposit, less the cost of any damage to the meter or hydrant that was used and less the final billing on water usage, shall be returned to the Ppermittee.
7. Additional Penalty for Violation of Article; Duties of the Director of Water and Sewer Utilities: In addition to the penalty provided in the City Code, any person violating any provision of the article may be required to pay two (2) times the rate for the water taken, based on an estimate of the quantity of water taken. Such estimate shall be made by the Director of Water and Sewer Utilities.
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1817. SWIMMING POOLS AND TANKS
18.A17.A FILLING SWIMMING POOLS AND TANKS
The use of Swimming Pools shall be subject to the requirements of Title 17 and all successor regulations.
When an abnormally large quantity of water is desired for filling a Sswimming Ppool or for other purposes, arrangements may be required prior to taking such water. Permission to take water in unusual quantities will be given only if it can be safely delivered through the City’s facilities, if other Customers are not inconvenienced, and if there is no mandatory water rationing in effect at the time of the request. All water used shall be metered and billed for in accordance with prevailing rate schedules.
1. All heated or unheated Swimming Pools and spas that are newly constructed or undergoing additions or alterations within the property lines of a parcel with a single-family Residential dwelling shall be equipped with a non-liquid vapor retardant cover having a manual or power-operated reel system.
(a) For irregular-shaped Swimming Pools and spas for which it is infeasible to cover 100 percent (100%) of the Swimming Pool or spa with a reel system due to its irregular shape, other types of covers may be allowed.
(b) Additions or alterations to existing Swimming Pools and spas with a valuation not exceeding $25,000 are exempt from this section.
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1918. CONTROL VALVES
19.A18.A WATER SUPPLY CONTROL
The Customer shall install a suitable square or a tee head stop on the private riser to the building (or, for multiple buildings, as close to the meter location as practicable) which will operate to control the entire water supply from the Service Connection.
19.B18.B CURB STOP
Operation by the Customer of the curb stop in the meter box is not permitted except in extreme emergencies. Should the Customer damage the curb stop, they shall reimburse the City for any and all cost of repair or replacement.
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TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
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City Council Resolution # 7083 (11/04/03)
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2019. CROSS-CONNECTIONS
20.A19.A HEALTH REGULATIONS
Regulations of the California State Department of Public Health and theDivision of Drinking Water (DDW) Standards of the United States Public Health Service, including Title 17 and any successor regulation, prohibit unprotected Cross-Connections between the public water supply and any unapproved other source of water.
20.B19.B CITY REQUIREMENTS
Backflow Prevention Devices shall be required at the Service Connection or at a location approved by the City for Premises receiving water from the City and falling in one or more of the following categories:
1. Premises having an Aauxiliary Wwater supply;
2. Premises on which any substance is handled under pressure in such a fashion as to permit possible entry into the City’s water distribution system, including water originating in the City’s system that is then boosted in pressure;
3. Premises where the Customer’s system has more than one Service Connection coming from different streets, or having internal Cross-Connections that cannot be permanently corrected to meet State and local Sstandards;
4. Premises and/or Customer’s systems where, in the opinion of the City or its representative, there is the potential for pollution or contamination of the City Wwater Ssystem in the event of Backflow or back-siphonage.
5. Premises receiving Recycled Water;
6. Premises and or Customer’s systems receiving Rrecycled Wwater where additives are introduced to the Onsite system. An approved Bbackflow device shall be added on to the Recycled Water Service Connection to protect the City’s Rrecycled Wwater system.
76.5 Premises not receiving Water Service other than from the City are exempt from the requirements until they receive Water Service from the City.
20.C19.C APPROVED BACKFLOW PREVENTION DEVICES
Only approved Backflow Prevention Devices will be accepted. An approved device is any device that has been manufactured and installed in full conformance with the Sstandards established by the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California and that has received the approval of the City for use in Santa Clara.
19.D TYPES OF APPROVED BACKFLOW PREVENTION DEVICES REQUIRED The type of assembly required to prevent Backflow into the City’s Water System shall be one of the four types listed below. A single check valve assembly is not accepted as a Backflow Prevention Device by the City.
1. An Air-Gap Separation (AG).
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2019. CROSS- CONNECTIONS (Continued)
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2. A Reduced Pressure Principle Backflow Prevention Assembly (RP). A device incorporating two or more check valves and an automatically operating differential relief valve located between the two checks, two shutoff valves, and equipped with necessary Appurtenances for testing. The device shall operate to maintain the pressure in the zone between the two check valves, less than the pressure on the public water supply side of the device.
3. Reduced Pressure Principle Detector Backflow Prevention Assembly (RPDA). A device that includes a bypass containing a City specific water meter and an approved RP. The City meter shall register accurately for only very low Flow Rates, up to three gallons per minute, and shall allow a registration for all rates of flow.
4. If permitted by the California Code of Regulations Title 17, a Double Check Detector Assembly (DCDA) may be accepted for the retrofit of an existing Service Connection in order to accommodate the hydraulic need of an existing onsite fire suppression system subject to the approval of the Director of Water and Sewer Utilities. The entire assembly shall meet the design and performance specifications and approval of a recognized and City approved testing agency for Backflow Prevention Devices. To be approved, these devices must be readily accessible for the in-line maintenance and testing and be installed per City Standards. The City reserves the right to require an RPDA on any service in order to protect the safety of the City’s Water System.
19.E EXISTING SERVICES WITHOUT A DEVICE
Excluding detached single-family homes, Customers with no Backflow Prevention Device are required to install an approved Backflow Prevention Devise (RP or RPDA) per California Code of Regulations Title 17 on all existing water connections (commercial, industrial, domestic, irrigation, fire, etc.) at the Customer’s expense within 90 days of notification by the City. Customers seeking Entitlement or Permit approval shall be required to install an approved Backflow Prevention Device to any existing Service Connection to comply with this requirement as a condition of approval.
19.F EXISTING SERVICES WITH A NON-COMPLIANT DEVICE
Customers with single check detectors or other non-compliant devices are required to install an approved Backflow Prevention Device Backflow Prevention Assemblies on existing water connections (commercial, industrial, domestic, irrigation, fire, etc.) at the Customer’s expense within 90 days of notification by the City. Customers seeking Entitlement or Permit approval shall be required to upgrade their existing Service Connection to comply with this requirement as a condition of approval.
20.D19.G PLUMBING CHANGES REQUIRED
In special circumstances, when the Customer is engaged in the handling of especially dangerous or corrosive liquids or industrial or process waters, the City may require the Customer to eliminate certain plumbing or piping connections as an additional precaution and protection to the Backflow Ppreventiveion Ddevices. In making the required plumbing connections, the Customer shall comply with local or Sstate plumbing ordinances and codes.
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2019. CROSS- CONNECTIONS (Continued)
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20.E19.H RELIEF VALVE REQUIRED
Suitable pressure relief valves shall be installed and maintained by the Owner in accordance with the requirements of local or state plumbing codes and ordinances.
20.F19.I BACKFLOW PROTECTION ON ADDITIONAL WATER SUPPLY LINES Whenever Backflow protection has been found necessary on a water supply line entering a Customer’s Premises, then any and all water supply lines from the City’s Main entering such Premises, buildings or structures shall be protected by an approved Backflow device per State Cross-Connection requirements including Title 17 and any successor regulations unless the Director of Water and Sewer Utilities determines otherwise.
20.G19.J INSPECTION OF BACKFLOW PREVENTION DEVICES
The City will be responsible for inspecting and testing all Backflow Prevention Devices, as well as making any necessary repairs identified through inspection and testing. Inspection and testing will be done on at least an annual basis. Fees for this service will be established from time to time.
20.H19.K INSTALLATION OF BACKFLOW PREVENTION DEVICES
1. New Service Connections. At the time an application for a new service is made by a potential Customer, in accordance with City’s policies and regulations, the City will review said application to determine the need for a Backflow Prevention Device on the Customer’s service. If Backflow prevention is determined to be required, the Customer shall install a new Backflow Prevention Device or request that the City install a new Backflow Prevention Device and pay the City in advance in accordance with City’s established installation fee schedule.
2. Existing Service Connections without Backflow Prevention Devices. The City will inspect, from time to time, the Premises of existing Service Connections that, in the opinion of the City or its representative, may require Backflow prevention. If it is determined that a Backflow Prevention Device is required, such determination by the City shall be final, and the installation of a Backflow Prevention Device shall be a condition of continued Water Service.
20.H.3 The City will install the Backflow Prevention Device and charge the Customer the entire cost of the device and its installation. If, in the opinion of the City there was no change in the land use from when the Water Service was first installed, the City may absorb the entire installation cost.
20.H.43. Upgrading the existing Backflow Prevention Device. An existing Backflow Prevention Device that, in the opinion of the City, does not provide adequate protection, shall be upgraded at the Customer’s expense. following the procedures in subparagraph 2 above. Upgrading may include repair, complete replacement of the Backflow Prevention Device, or correction on-site ofr Ccross-Cconnection hazards.
POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND REGULATIONS No. 2019
2019. CROSS- CONNECTIONS (Continued)
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 47
20.I19.L INSTALLATION OF FACILITIES ON PRIVATE PROPERTY
1. Backflow Prevention Devices may be installed on private Premises by the City under agreement entered into by the Customer and the City.
2. All City services and Appurtenances located on private Premises shall require the offer and acceptance of an easement for use by the Water Utility prior to activation of service.
20.J19.M REMOVAL OR MODIFICATION OF BACKFLOW PREVENTION DEVICES Backflow Prevention Devices shall not be removed or modified by the water user unless approved in advance by the City.
20.K19.N DISCONTINUANCE OF SERVICE FOR DEFECTIVE APPARATUS The service of water to any Premises may be immediately discontinued by the City if defects are found in any protective device installation, or if it is found that unprotected Cross-Connections exist. Service will not be restored until necessary corrections are made.
POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND REGULATIONS No. 2020
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 48
2120. ONSITE RECYCLED WATER USE
Certain uses of Recycled Water are permitted by the State of California. The requirements for such use are defined by CCR, Title 22, Division 4, of the California Administrative Code and all successor regulations. The use of Recycled Water within the City is further defined under a Ppermit issued by the California Regional Water Quality Control Board. Wherever the City Rules and Regulations are inconsistent or in conflict with the requirements of Title 22 or of the RWQCB Ppermit, these Rules and Regulations shall be subordinate.
Since codes, laws, statutes and regulations can change without prior approval or knowledge of the City or South Bay Water Recycling (Program), the City, Program or Water Utility do not assume any liability for errors in this document. It is the responsibility of the Customer to check with the Program before initiating any operational or physical changes to the Recycled Water system.
21.A20.A ABBREVIATIONS
Abbreviations used throughout Sections 20, 21 and , 22 and 23 are listed below for reference.
Definitions for terms are listed in Section 2120.B (below).
AG: Air Gap
AWWA: American Water Works Association
County EHS: County of Santa Clara Environment Health Services DC Assembly: Double Check Backflow Prevention Assembly
Program: South Bay Water Recycling Program, administered by City of San Josée for the San Josée - Santa Clara Water Pollution Control PlantRegional Wastewater Facility RP Device: Reduced Pressure Principleal Backflow Prevention DeviceAssembly State DHSDDW: State of California Department of Health Services, Drinking Water Field Operations Branch - Monterey DistrictCalifornia State Water Resources Control Board – Division of Drinking Water
State RWQCB: California Regional Water Quality Control Board
POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND REGULATIONS No. 2120
2120. RECYCLED WATER USE (Continued)
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 49
21.B20.B DEFINITIONS
Whenever the following terms, or pronouns used in their place, occur in Sections 20, 21, or 22 or 23 herein, the intent and meaning shall be interpreted as follows:
Air Gap: A physical separation between the free-flowing discharge end of a water supply pipeline and an open or non-pressure receiving vessel. An approved Aair Ggap shall be at least twice the diameter of the water supply pipe measured vertically above the overflow rim of the vessel (in any case, no less than one inch (1”)).
Applicant: Any entity that applies for Recycled Water Service under terms of the appropriate regulations. The approved Recycled Water Customer may be a different party than the Applicant, but must be specified in the Recycled Water Use LicensePermit.
Application for Recycled Water Services: An agreement issued by the Water Utility to a Recycled Water Service Applicant after the satisfactory completion of the service application procedures. This Agreement forms a service agreement between the Recycled Water Customer and the Water Utility that legally binds the Recycled Water Customer to all conditions stated in the Agreement and all applicable Regulatory Agency requirements.
Approved Backflow Prevention Assembly: A device approved by the State of California which is installed to protect any water supply (recycled, potable, Public, private, or Oon-site) from contamination through Backflow of a substance containing a potential hazard.
Approved Use: An application of Recycled Water in a manner, and for a purpose, designated in a Recycled Water Use License Permit issued by the Program and in compliance with all applicable Regulatory Agency requirements.
Approved Use Area: A site with well-defined boundaries, designated on the approved On-Ssite Recycled Water Service Plans, to receive Recycled Water for an Aapproved Uuse and acknowledged by all applicable Regulatory Agencies.
Cross- Connection: (chapters 20-22 only): A physical connection between any part of a water system used or intended to supply water for drinking purposes and any source or system containing water or substance that is not or cannot be approved as safe, wholesome and potable for human consumption. This includes direct piping between the two systems, regardless of the presence of valves, Backflow Prevention Devices, or other Aappurtenances.
Customer: Any person, persons or firm including any Public utility, municipality or other Public body or institution issued a Recycled Water Use License by the Program. The Customer may be the Owner, tenant, or property manager as appropriate. The City’s Rules and Regulations for the Use of Recycled Water apply to all Customers located within the City’s boundaries.
Certified Site Supervisor: The Recycled Water Customer shall designate a Customer Certified Site Supervisor with the approval of the Program to provide a liaison with the Program, the City, and Water Utility. This person shall be available to the Program at all times, shall have the authority to carry out any requirements of the Water Utility, the City and the Program, and shall be responsible for the installation, operation and maintenance of the Recycled and Potable Water systems and also prevention of potential hazards.
Drip Irrigation System: any non-spray Low Volume Irrigation system utilizing emission devices with a Fflow Rrate measuresd in gallons per hour. Low Volume Irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.
POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND REGULATIONS No. 2120
2120. RECYCLED WATER USE (Continued)
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 50
Emitters: Drip irrigation fittings that deliver water slowly from the system to the soil.
Landscape Impoundment: A body of rRecycled Water used for aesthetic enjoyment or which otherwise serves a function not intended to include routine Public contact.
Infiltration Rate: The rate at which the soil will accept water as applied during irrigation, expressed in inches per hour.
Inspector: Any person authorized by the Water Utility, the City, the Program or the local health agencies to perform inspections on or off the Recycled Water Customer’s site before construction, during construction, after construction and during operation.
Intermittently Pressurized Line: Any irrigation piping downstream of the last valve.
Irrigation Period: The time, from start of water flow to cessation, which a specific area receives Recycled Water by direct irrigation application, no matter how often the specific area is irrigated, e.g., length of the duty cycle.
Irrigation Use: An Aapproved Uuse of Recycled Water for landscape irrigation as defined under the California Code of Regulations ([“CCR”]), Title 22, Division 4, Article 4.
Non-Potable Water: Water that has not been treated for human consumption in conformance with the latest edition of the United States Public Health Service Drinking Water Standards, the California Safe Drinking Water Act, or any other applicable standards.
Offs-Site: Designates or relates to Recycled Water facilities up to and including the water meter.
On-Ssite: Designates or relates to facilities owned and operated by a Recycled Water Customer.
Operations Personnel: Any employee of a Recycled Water Customer, whether permanent or temporary, or any contracted worker whose regular or assigned work involves the supervision, operation or maintenance of equipment on any portion of Ons-Site facilities using Recycled Water.
Operator: Any person, persons or firm, who, by entering into an agreement with a Recycled Water Customer, is responsible for operating Ons-Site facilities.
Owner (chapters 20-22 only): Any holder of legal title, contract purchaser, or lessee under a lease with an unexpired term of more than one (1) year, for property for which Recycled Water Service has been requested or established.
Point of Connection: This is the point where the Recycled Water Customer’s system ties to the Water Utility’s system. This is usually at the water meter at the Service Connection.
Ponding: Retention of Recycled Water on the surface of the ground or other natural or manmade surface for a period following the cessation of an approved Recycled Water use activity.
Potable Water: That water that is pure and wholesome, does not endanger the lives or health of human beings, and conforms to the latest edition of the California Safe Drinking Water Act, or other applicable standards. Potable Water includes potable fire service without an approved Backflow prevention assembly.
POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND REGULATIONS No. 2120
2120. RECYCLED WATER USE (Continued)
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 51
Program (South Bay Water Recycling): South Bay Water Recycling (SBWR) is the regional permit holder for recycled water in San José, Santa Clara and Milpitas, ensuring compliance with State regulations for recycled water quality and use. SBWR is a recycled water wholesaler to four retailers: San José Water Company, San José Municipal Water, City of Santa Clara, and City of Milpitas. Customers buy recycled water from the retailer in their location.
Public: Any person or persons at large who may come in contact with facilities and/or areas where Recycled Water is approved for use.
Rate and Fee Schedule: The schedule of all rates, charges, fees and assessments to be made concerning the use of Recycled Water served by the Water Utility as approved or as amended by the City Council.
Recycled Water Customer: Any person, persons or firm including any Public utility, municipality or other Public body or institution issued a Recycled Water Use Permit by the Program. The Recycled Water Customer may be the Owner, tenant, or property manager as appropriate. The City’s Rules and Regulations for the Use of Recycled Water apply to all Recycled Water Customers located within the City’s boundaries.
Runoff: When Recycled Water is allowed to drain outside the approved irrigation area.
Recycled Water: Non-Potable Water that is highly treated to the CCR, Title 22, Division 4, of the Environmental Health Water Reclamation Criteria and used for approved purposes other than drinking water.
Recycled Water Use LicensePermit: A license Permit issued by the Program to the Recycled Water Customer, which outlines monitoring, self-inspection, reporting, and site-specific requirements. This license Permit is required by the California RWQCB for the use of Recycled Water.
Reduced Pressure Principal Backflow Prevention Device: A type of Backflow Prevention Device, usually installed near a water meter, which prevents Backflow by a combination of two check valves and a pressure differential relief valve.
Regulatory Agencies: Those Public agencies legally constituted to protect the Public health and water quality, such as the State DHS, the State RWQCB and the County EHS.
Restrained Joint: Mechanically restrained pipe joint; also, solvent welded for PVC joints.
Runoff: When Recycled Water is allowed to drain outside the approved irrigation area.
Santa Clara County Environmental Health Services: This agency is the local health protection agency for most areas of Santa Clara County.
Service: The furnishing of Potable or Recycled Water to a Customer through a metered connection to the on-site facilities.
Standard Pipe Length: 18 to 20 feet.
State of California Department of Health ServicesDivision of Drinking Water.: Shall be the State of California Department of Health Services,Division of Drinking Water Field Operations Branch - Santa Clara District 17.
Unauthorized Discharge: Any release of Recycled Water that violates the Rules and Regulations of the Water Utility, the City, the Program or any applicable Federal, State or local statutes, regulations, ordinances, contracts or other requirements. ---__ ___;-
POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND REGULATIONS No. 2120
2120. RECYCLED WATER USE (Continued)
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
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City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 52
Violation: Non-compliance with any condition or conditions of the User Agreement by any person, action or occurrence, whether willfully or by accident.
Water Utility: The Water Utility and the City are one and the same.
Windblown Spray: Dispersed, airborne particles of Recycled Water that can be transmitted through the air to locations other than those approved for the direct application of Recycled Water.
21.C20.C SUMMARY OF ON-SITE INSTALLATION REQUIREMENTS
1. Ons-Site installation requirements are described in detail in the Program’s Rules and Regulations for Design and Operation of Ons-Site Recycled Water Facilities. However, the following is a summary of the basic requirements:
2. No Cross-Connections. No Cross-Connections are allowed between the Recycled Water system and the Ppotable Wwater system.
3. Backflow Preventers. In order to protect the pPublic drinking water system from accidental Cross-Connections, a Rreduced Ppressure Pprincipleal Backflow Prevention Device Assembly is required at all potable meters on a site where Recycled Water is present.
In most cases, Backflow Prevention Devices are not required on the Recycled Water Service. However, where there is a particular threat to the quality of the Recycled Water, such as a direct connection to an industrial process or an Iimpoundment of water, the Program may require a Backflow Prevention Device on the Recycled Water Service.
4. No Hose Bibs. Generally, hose bibs are not allowed on the Recycled Water system. In most cases, hose bibs can be replaced by quick coupling valves.
5. No Runoff. The irrigation system must be configured and operated to prevent Rrunoff outside the Approved Use Area (the boundaries of the site).
6. No Ponding. The irrigation system must be configured and operated so that Ponding does not occur. This does not apply to approved and intended Iimpoundments.
7. No Windblown Spray. The irrigation system must be configured and operated to prevent Windblown Spray from passing outside the approved area.
8. Pipe Identification. All new Recycled Water piping below or above grade and all existing piping above grade must be labeled with purple tape with the imprinted words “CAUTION – RECYCLED WATER”. Purple colored pipe with the required wording is an acceptable alternative.
9. New above grade Potable Water piping used for drinking water systems must also be labeled with blue tape and the words “POTABLE WATER.”
10. Horizontal Pipe Separation. Where possible, a minimum horizontal separation of ten feet (10’) between parallel buried Recycled and Potable Water pipelines should be maintained. If a ten- foot (10’) horizontal separation cannot be maintained, then four- foot (4’) minimum separation is allowed with Restrained Joint pipe and subject to the requirements of South Bay Water Recycling. In no case shall a horizontal separation of less than four feet (4’) or same trench construction be allowed.
POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND REGULATIONS No. 2120
2120. RECYCLED WATER USE (Continued)
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 53
11. Vertical Pipe Separation. Recycled Water constant water pressure pipelines must be a minimum of 12 one footinches (1’) below the Potable Water pipelines. Recycled Water constant pressure pipelines are allowed over potable pipelines with a minimum of 12 one foot (1’inches (12”) vertical separation if a full Sstandard Ppipe Llength is centered over the crossing, or the recycled pipeline is sleeved for the same length. Intermittently Ppressurized Recycled Water pipelines are allowed over potable pipelines with a minimum of 12 one footinches (12”’) vertical separation.
12. Signs. Signs must be posted in conspicuous areas Ons-Site which contain the words “RECYCLED WATER – DO NOT DRINK – NO TOMAR” indicating that Recycled Water is used for irrigation (or other) purposes. Generally, signs must be located at all entrances to the facility or use area.
13. Warning Tags, Stickers and Labels. All valve boxes (automatic and manual), quick couplers, Recycled Water storage tanks, air/vacuum relief valves, pressure reducing valves, pumps, Backflow Prevention Devices, system controller boxes, or other Aappurtenances on the Recycled Water system must be labeled with warning tags, stickers or other labels. The labels, tags or stickers must include the words “RECYCLED WATER – DO NOT DRINK – NO TOMAR” on a purple background.
14. Ons-Site (Land) Observation Reports. At least once a year the site must be inspected for the items listed below while the system is in use. The observations must be submitted to the Program on a report form. The Recycled Water Customer may be required to perform this inspection, or, in some cases, the Program may perform the inspection. The items for the inspection are as follows:
(a) Is there evidence of Rrunoff of Recycled Water from the site? Show affected area on a sketch and estimate volume.
(b) Is there an odor of wastewater origin at the irrigation site? If yes, indicate apparent source, characterization, direction of travel, and any Public Uuse areas or OffsSite facilities affected by the odors. (c) Is there evidence of Ponding of Recycled Water, and/or evidence of mosquitoes breeding within the irrigation due to ponded water?
(d) Are warning signs, tags, stickers, and above ground pipe markings properly posted to inform the Public that irrigation water is Recycled Water, which is not suitable for drinking?
(e) Is there evidence of leaks or breaks in the irrigation system piping or tubing? (f) Is there evidence of broken or otherwise faulty Ddrip Iirrigation Ssystem Eemitters or spray irrigation Ssprinkler Heads or Spray Heads?
(g) What corrective actions are being taken to correct any problems noted above?
15. The Recycled Water Customer may also be required to conduct a visual inspection of the system during the off-season. Specific requirements will be included in the Recycled Water Use LicensePermit.
16. Emergency Cross-Connection Response Plan. If a Cross-Connection or Backflow incident occurs between the Potable and Non-Potable Water systems, an emergency response plan must be implemented.
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POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND REGULATIONS No. 2120
2120. RECYCLED WATER USE (Continued)
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 54
21.D20.D FEES AND LICENSEPERMIT
1. Recycled Water Use LicensePermit. The State RWQCB requires that a Recycled Water Use License Permit be issued by the Program to all Recycled Water Customers within the Program area. The Recycled Water Use License Permit indicates any special site-specific requirements in addition to the requirements specified in this document. The Application for a Recycled Water Use License Permit is submitted to the City or the Program with the Ons-Site Recycled Water Service Plans. The Program processes the application and issues a Recycled Water Use License Permit with final approval for the use of Recycled Water at the site. The Applicant is responsible to obtain all necessary Ppermits and pay all associated fees. The Applicant should contact the City for information on the cost of Ppermits.
2. Application for Recycled Water Services. The Water Utility also requires an Application for Recycled Water Service, similar to application for Ppotable Water Service.
21.E20.E THE CITY AS THE LOCAL AUTHORITY
1. The City is the entity that has the responsibility of enforcing these Rules and Regulations for the end use of Recycled Water. The City has authority to issue plumbing Ppermits, building requirements, and planning criteria.
2. The Rules and Regulations enforced by the City are derived from those established by the State RWQCB, the State DHSDDW, County EHS, the Program and the City. These Rules and Regulations govern certain permitted uses of Recycled Water. All facilities using Recycled Water shall be designed and operated to meet the Sstandards of the local governing codes, rules and regulations.
21.F20.F AUTHORIZED USES FOR RECYCLED WATER
The uses of Recycled Water may include, but not by way of limitation: landscape irrigation; agricultural irrigation; construction water; industrial process water; water for flushing toilets and urinals in high-risenon-residential buildings; replacement water in cooling towers; and recreational Iimpoundments. Each such use must shall be explored by the Recycled Water Customer for applicability to the Development and considered for approval by the City on a case-by-case basis., and Tthe City may determine, in its discretion, whether it is necessary or desirable to furnish Recycled Water for the specific use involved. Determinations as to specific uses to be allowed shall be in accordance with the Sstandards of treatment and water quality requirements set forth in CCR, Title 22, Division 4, of the California Administrative Code. Prior to approving such uses, the City may, in its discretion, set forth specific requirements as conditions to providing such services and/or require specific prior approval from the appropriate Regulatory Agencies. Data centers authorized to use Recycled Water for process water shall design and construct a redundant backup Potable Water system in the event of a service interruption to maintain system operation.
POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND REGULATIONS No. 2120
2120. RECYCLED WATER USE (Continued)
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 55
21.G20.G NON-APPROVED USE AREAS
1. Runoff Conditions. The irrigation systems shall be designed, constructed and operated to prevent Rrunoff outside the Approved Use Area.
2. Ponding Conditions. The irrigation systems shall be designed, constructed and operated to minimize Ponding outside or within the Approved Use Area. This does not apply to approved Iimpoundments such as decorative Wwater Ffeatures, golf course water-hazards or lakes. At no time shall Recycled Water be applied at a rate greater than the soil Iinfiltration Rrate.
3. Windblown Spray Conditions. The irrigation systems shall be designed, constructed and operated to minimize Windblown Spray from passing outside the Approved Use Area.
4. Unapproved Uses. Use of Recycled Water for any purposes other than those explicitly approved by the Water Utility in conformance with the Rules and Regulations of the Program, the State DHSDDW, the County EHS, or the State RWQCB, or use of Recycled Water in areas other than those specifically shown on the approved plans, is strictly prohibited.
5. Disposal in Unapproved Areas. Disposal of Recycled Water for any purpose, including Aapproved Uuses, in areas other than those explicitly approved in the current effective Recycled Water Use License Permit issued by the Program and without the prior knowledge and approval of the appropriate Regulatory Agencies, is strictly prohibited.
21.H20.H AMENDMENTS
From time to time there may be amendments to the existing Rules and Regulations and design manual. These amendments may be made without the consent of the Recycled Water Customer.
These amendments will be enforced upon their effective date.
21.I20.I PROTECTION OF PUBLIC HEALTH
The Water Utility, the City and the Program reserve the right to take any action necessary with respect to the operation of the Recycled Water Customer’s Recycled Water system to safeguard the Public health.
21.J20.J RIGHT TO TERMINATE SERVICE
1. If at any time during construction or operation of the Recycled Water system, real or potential hazards are evidenced, such as Cross-Connections with the potable system, improper tagging, signing, or marking, or unapproved/prohibited uses, the Water Utility reserves the right and has the authority to terminate immediately, without notice, Recycled Water Service in the interest of protecting the Public health. The Water Utility may elect to temporarily replace the Recycled Water supply water with Ppotable Wwater only after the Recycled Water Customer’s Recycled Water system has been disinfected and approval has been granted by the Program and the State DHSDDW. All modifications required to replace the Recycled Water supply with Potable Water shall be at the Recycled Water Customer’s expense.
POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND REGULATIONS No. 2120
2120. RECYCLED WATER USE (Continued)
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
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City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 56
2. The Recycled Water Customer has the right to terminate service if there are no longer suitable uses at that site. The Recycled Water Customer cannot substitute Potable Water where Recycled Water can be used.
21.K20.K SEVERABILITY
If any section, subsection, clause, or phrase of these Rules and Regulations is for any reason held to be invalid or unconstitutional, such decision shall not affect the remaining portions of these Rules and Regulations. The City Council declares that it would have passed said Rules and Regulations by section, subsection, sentence, clause, or phrase thereof.
POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND REGULATIONS No. 2221
TABLE OF CONTENTS POTABLE AND RECYCLED WATER SERVICE AND USESYSTEM RULES AND
REGULATIONS
City Council Resolution # 7083 (11/04/03)
Latest Revision: 11/3/0311/19/24 Page 57
2221. DESIGN, INSTALLATION AND INSPECTION OF SYSTEMS FOR
USE OF RECYCLED WATER
22.A21.A DESIGN APPROVAL
Before the construction of any new Recycled Water system, major modifications of an existing Recycled Water system, or retrofit of an existing system for Recycled Water use, Ons-Site Recycled Water Service Plans must be prepared by the Recycled Water Customer and approved by the Program and the State DHSDDW. Approval shall be contingent upon evidence that all applicable design requirements, rules and regulations for a Recycled Water system are satisfied (see Basis for Design Review Criteria below).
22.B21.B REQUIRED ON-SITE RECYCLED WATER SERVICE PLANS
Plans must be stamped by a registered Llandscape Aarchitect or civil engineer and include, but not be limited to, the following:
1. Site plan drawn to scale which clearly shows the boundaries of the intended use area, adjacent streets, and locations of all major improvements on the site, water meters (Recycled Water and Potable Water), Backflow Prevention Devices, drinking fountains, and all Public facilities supplied with Recycled or Potable Water Service. Public facilities include, but are not limited to, restrooms, outdoor eating areas, snack bars, Sswimming Ppools, wading pools, decorative fountains and showers. If there are no Public facilities located in the defined use area, then a note on the plans must indicate that no Public facilities exist. Additionally, any wells, lakes, ponds, reservoirs, or other water Iimpoundments located Ons-Site or within 100 -feet (100’) of the site must be shown on the site plan.
2. Piping plan which shows the complete Ppotable and Recycled Water systems. All sources of Recycled Water and Potable Water must be indicated on the plan. The location and type of all existing and new Backflow Prevention Devices and water meters must be clearly marked on the piping plan. For existing facilities converting to Recycled Water use, the piping plan must indicate which piping and other devices are existing and which piping and other devices will be installed as part of the retrofit work. The proper separation requirements between Potable and Recycled Water lines (for new piping) must be indicated. The piping plan can be combined with the site plan if space permits.