CC Ordinance No. 15-2131 Amending Chapter 15.32 relating to Water Conservation, Prohibited Uses of Water, and Regulations for Water Conservation ORDINANCE NO. 2131
AN ORDINANCE OF THE CITY OF CUPERTINO
AMENDING CHAPTER 15.32 OF TITLE 15 OF THE CUPERTINO MUNICIPAL
CODE RELATING TO WATER CONSERVATION,PROHIBITED USES OF
WATER,AND REGULATIONS FOR WATER CONSERVATION
WHEREAS, pursuant to the provisions and requirements of the California
Environmental Quality Act of 1970, together with related_ State CEQA Guidelines
(collectively, "CEQA"), staff has determined that the provisions of this Ordinance are
exempt as a project intended to protect the environment and natural resources (14
Ca1.Regs. 15307, 15308); and
WHEREAS, the City Council bf the City of Cupertino is the decision-making
body for this Ordinance; and
WHEREAS, this Council has reviewed and considered the Statement of
Exemption determination under CEQA prior to taking any approval actions on this
Ordinance and approves such Statement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 15.32 of Title 15 of the Cupertino Municipal Code is hereby
amended to be entitled, numbered, and,to read as follows:
CHAPTER 15.32: WATER CONSERVATION
Section
15.32.010 Findings and Determinations.
15.32.020 Definitions.
15.32.030 Prohibited Uses of Water.
15.32.040 Regulations for Restrictions on Water Use.
15.32.050 Water Use at City Facilities.
15.32.060 Exceptions for Public Health and Safety.
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15.32.070 Emergency Suspension of Water Service.
15.32.080 Violation—Penalty.
15.32.010 Findings and Determinations.
A. A reliable supply of potable water is essential to the public health, safety, and
welfare of the people and economy of the City.of Cupertino; and
B. Article X, Section 2 of the California Constitution declares that the general welfare
requires that the water resources of the State be put to beneficial use to the fullest extent
of which they are capable, and that the waste or unreasonable use or unreasonable
method of use of water be prevented, and that the conservation of such waters is to be
exercised with a view to the reasonable and.beneficial use thereof in the interest of the
people and for the public welfare; and
C. Article XI, Section 7 of the California Constitution declares that a city or county may
make and enforce within its limits all local, police, sanitary and other ordinances and
regulations not in conflict with general laws; and
D. The Governor of the State of California and/or other State regulatory agencies such
as the State Water Resource Control Board may, as regional drought conditions
warrant, mandate water conservation measures; and
E. The Santa Clara Valley Water District, or other wholesale water supplier serving
the City of Cupertino, may implement water conservation goals specific to the
Cupertino area based upon drought stages identified in their Urban Water Management
Plan or in other declaration or action; and
F. San Jose Water Company, California Water Service Company, and any other
urban water suppliers in the City of Cupertino, will coordinate water conservation
measures with the Santa Clara Valley Water District and, depending on the severity of a
drought, may file with the California Public Utilities Commission specific water use
targets and/or budgets along with associated tariffs and enforcement measures,
consistent with its Water Shortage Contingency Plan to achieve state mandated water
use reductions that may affect City of Cupertino residents and businesses; and
G. The adoption and enforcement of water conservation regulations is essential to
minimize the effects of drought and shortage within the City and ensure a reliable and
sustainable minimum supply of water to protect public health, safety and welfare of
current and future community members and to protect the environment; and
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H. The purpose of this Chapter is to establish water conservation measures that are
intended to alter behavior related to the use of water, reduce the consumption of water,
assure reasonable and beneficial use of water, prevent the waste of water, and
maximize the efficient use of water across the City of Cupertino.
15.32.020 Definitions.
As used in this chapter
A. "Customer' means any person who pays for service to receive potable water.
B. "Irrigation system" means the components of a system meant to apply water to an
area for the purpose of irrigation, including, but not limited to, piping, fittings,
sprinkler heads or nozzles, drip tubing, valves, and control wiring.
C. "Landscape" means all of the outdoor planting areas, turf areas, and water
features at a particular location.
D. "Person" means any individual, firm, partnership, association, corporation, trust,
governmental body or other organization or entity.
E. "Potable water" means water which conforms to the federal and state standards
for human consumption:
F. "Runoff" means water which is not absorbed by the soil or landscape to which it is
applied and flows from the landscape onto other areas.
G. "Water" means potable water.
H. "Water feature" means a design element where open, artificially supplied water
performs an aesthetic or recreation feature, including, but not limited to, ponds,
lakes, waterfalls, fountains, and streams.
I. "Urban water supplier" means the California Water Service and/or San Jose Water
Company or any other urban water supplier as defined by Water Code Section
10617, excluding wholesale suppliers, unless the wholesale supplier is functioning
in a retail capacity.
J. "Water district" means the Santa Clara Valley Water District or other wholesale
water supplier as defined by State law.
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15.32.030 Prohibited Uses of Water.
To prevent water waste, the unreasonable use of water, and to promote. water
conservation, each of the following actions are prohibited while using potable water:
A. No person shall waste water, including, but not limited to flooding or creating
runoff on sidewalks or gutters, adjacent property, non-irrigated areas, private and
public walkways, roadways, parking lots, or structures.
B. No person shall use a hose that dispenses potable water to wash vehicles,
including cars, trucks, buses, boats, aircraft, and trailers, whether motorized or not,
unless the hose is fitted with a shut-off nozzle or device attached to it that causes it to
cease dispensing water immediately when not in use.
C. No person shall waste water by failing to repair defective plumbing, sprinkler,
watering or irrigation systems.
D. No person shall use water for single pass cooling process for new building
construction.
15.32.040 Regulations for Restrictions on Water Use.
A.The City Council may determine that .additional restrictions on water use are
needed as a result of drought or other water supply conditions, to achieve
additional conservation goals, or for other public purposes. The City Council may
adopt Regulations Restricting Water Use.
B. The Regulations shall take effect as soon as practicable.
C. The Regulations shall remain in effect until the City Council repeals, modifies, or
amends them, or according to their own terms, whichever comes first.
D. The Regulations adopted pursuant to this chapter shall have the force and effect of
law.
15.32.050 Water Use at City Facilities.
The Director of Public Works or his/her. designee may adopt and implement water
conservation measures at City facilities.
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15.32.060 Exceptions for Public Health and Safety.
The provisions of this Chapter do not apply to uses of water which are necessary to
protect public health or safety, for essential government services, such as police, fire,
and other similar emergency services, conveyance maintenance, or where necessary to
comply with the a term or condition in a permit issued by a State or federal agency.
15.32.070 Emergency Suspension of Water Service.
In the event of an emergency involving broken or defective plumbing, sprinkler,
watering or irrigation systems where, in the opinion of the Director of Public Works or
his/her designee, water is being or will be lost in considerable quantity, the City may
require that the urban water supplier immediately suspend water service without
notice or hearing to any customer pending repairs. The urban water supplier shall
attempt to give notice to the customer or customers affected as soon as practical.
Subject to other provisions of this Chapter, service shall be restored as soon as possible.
15.32.080 Violation—Penalty.
Any person who violates any provision of this Chapter or any regulation adopted
pursuant to this Chapter shall be guilty of a misdemeanor and upon conviction thereof
shall be punished as provided in Chapter 1.12 of this code. As an alternative to criminal
legal punishment, any person who violates any provision of this Chapter or any
regulation adopted pursuant to this Chapter shall be subject to administrative citation,
fines, or penalties as provided in Chapter 1.10 of this code.
Section 2. If any section, subsection, subdivision, sentence, clause, or phrase of this
Chapter is for any reason held to be unconstitutional or otherwise void or invalid, by
any court of competent.jurisdiction the validity of the remaining portion of this Chapter
shall not be affected thereby.
Section 3. This Ordinance shall become effective thirty days from the date of its
adoption.
Section 4. The City Clerk shall certify the adoption of this Ordinance and shall give
notice of its adoption as required by law. Pursuant to Government Code Section 36933,
a summary of this Ordinance may be published and posted in lieu of publication and
posting of the entire text.
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INTRODUCED at a regular meeting of the City Council of the City of Cupertino
the 2nd day of June, 2015 and ENACTED at a regular meeting of the City Council of the
City of Cupertino the 16th day of June, 2015 by the following vote:
PASSED:
Vote: Members of the City Council
Ayes: Sinks, Chang, Paul, Vaidhyanathan, Wong
Noes: None
Absent: None
Abstain: None
ATTEST: APPROVED:
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Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, GRACE SCHMIDT, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. 15-2131, which was
enacted on June 16, 2015, and that it has been published or posted pursuant
to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 17th day of June 2015.
GRACE SCHMIDT, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California