Attachment 3DRAFT
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS ADDING CHAPTER 27 ARTICLE VI
RELATING TO WATER CONSERVATION AND WATER MANAGEMENT AND
ESTABLISHING REGULATIONS PROHIBITING NONESSENTIAL USE OF
POTABLE WATER AND ADOPTING PENALTIES AND FINES FOR VIOLATIONS
WHEREAS, the Town of Los Gatos recognizes that there is a limited supply of water
available to serve the residents and businesses of Los Gatos; and,
WHEREAS, the Town of Los Gatos wishes to encourage the efficient use of water in
order to optimize the use of the limited supply; and,
WHEREAS, the Governor of the State of California proclaimed a statewide drought and
issued a State of Emergency to address the California water shortage, requesting that all water
users reduce their water use by twenty percent and asking all water agencies to assist their
customers in reducing their use through a water conservation program; and
WHEREAS, a Water Conservation and Water Management Ordinance is essential to
ensure a reliable and sustainable minimum supply of water for the public health, safety and
welfare; and,
WHEREAS, the Town Council desires to add Chapter 27 Article VI to the Town Code
to ensure a reliable and sustainable minimum supply of water through a water conservation
program.
NOW THEREFORE, IN CONSIDERATION OF THE FOREGOING, THE TOWN
COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN AND ENACT
AS FOLLOWS:
Section 1. Article VI of Chapter 27 (commencing with Section 27.60.010) of the
Municipal Code of the Town of Los Gatos is hereby added to read as follows:
UTILITIES
Chapter 42
Article VI. CONSERVATION AND WATER MANAGEMENT
Sec. 27.60.010. Findings.
a. A reliable minimum supply of potable water is essential to the public health, safety and
welfare of the people and economy of Town of Los Gatos.
b. The Town of Los Gatos is located in a semi -arid region and is dependent upon local
surface water, groundwater, and imported water supplies. A growing population, climate
change, environmental concerns, and other factors in other parts of the State and western
United States, make the region highly susceptible to water supply reliability issues.
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C. There is a need for water conservation program and regulations because there is a limited
supply of water available to serve the residents and businesses of Los Gatos and demand
for water has, at times, exceeded supply, threatening a water shortage.
d. Careful water management that includes active water conservation measures not only in
times of drought, but at all times, is essential to ensure a reliable minimum supply of
water to meet current and future water supply needs.
e. Article X, Section 2 of the California Constitution declares that the general welfare
requires that 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.
f Article XI, Section 7 of the California Constitution declares that a Town or county may
make and enforce within its limits all local, police, sanitary and other ordinances and
regulations not in conflict with general laws.
g. California Water Code Section 350 -380 and 31026 authorizes public agencies to adopt
and enforce a comprehensive water conservation program to reduce water consumption
and conserve supplies.
h. The Governor of California has proclaimed a statewide drought and issued an Executive
Order, which takes immediate action to address a dire situation where numerous
California communities are being forced to mandate water conservation or rationing. The
lack of water has created other problems, such as extreme fire danger due to dry
conditions, economic harm to urban and rural communities, loss of crops and the
potential to degrade water quality in some regions. As well, the Santa Clara Valley
Water District Board of Directors has called for an immediate 15 percent reduction in
water use to assure we have enough water to endure the current drought.
i. The adoption and enforcement of a water conservation and supply shortage program is
necessary to manage the Town of Los Gatos's potable water supply in the short and long-
term and to avoid or minimize the effects of drought and shortage within the Town of Los
Gatos. Such program is essential to ensure a reliable and sustainable minimum supply of
water for the public health, safety and welfare.
Sec. 27.60.020. Declaration of Purpose and Intent.
a. The purpose of this Ordinance is to establish a water conservation and supply shortage
program that will reduce water consumption within the Town of Los Gatos through
conservation, enable effective water supply planning, assure reasonable and beneficial
use of water, prevent waste of water, and maximize the efficient use of water within the
Town of Los Gatos to avoid and minimize the effect and hardship of water shortage to
the greatest extent possible.
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b. This Ordinance establishes permanent water conservation standards intended to alter
behavior related to water use efficiency at all times and further establishes three levels of
water supply shortage response actions to be implemented during times of declared water
shortage or declared water shortage emergency, with increasing restrictions on water use
in response to worsening drought or emergency conditions and decreasing supplies.
Sec. 27.60.030. Definitions.
For the purposes of this Chapter, unless otherwise apparent from the context, certain
words and phrases used in this chapter are defined as follows:
"Person" means any natural person or persons, corporation, public or private entity,
governmental agency or institution, or any other user of water provided by the Town.
"Landscape irrigation system " means an irrigation system with pipes, hoses, spray
heads, or sprinkling devices that are operated by hand or through an automated system.
"Single pass cooling systems" means equipment where water is circulated only once to
cool equipment before being disposed.
"Potable water " means water which is suitable for drinking.
"Recycled water" means the reclamation and reuse of non - potable water for beneficial
use as defined in Title 22 of the California Code of Regulations.
"Station " means an area of irrigated landscape controlled by a single irrigation valve.
Sec. 27.60.040. Wasting of water and drought emergencies
A. Applicability
I. The provisions of this chapter apply to any person in the use of any potable water
provided by the Town.
2. The provisions of this chapter do not apply to uses of water necessary to protect
public health and safety or for essential government services, such as police, fire and other
similar emergency services.
3. The provisions of this chapter do not apply to the use of recycled water, with the
exception of subsection B (1) of this section.
4. The provisions of this chapter do not apply to the use of water by commercial
nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation
intended for commercial sale.
5. This chapter is intended solely to further the conservation of water. It is not
intended to implement any provision of federal, State, or local statutes, ordinances, or regulations
relating to protection of water quality or control of drainage or runoff.
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B. Prohibition Against Waste: The following water conservation requirements are
effective at all times and are permanent. Violations of this section will be considered waste and
an unreasonable use of water.
1. Limits on Watering Hours: Watering or irrigating of lawn, landscape or other
vegetated area with potable water is prohibited between the hours of 10:00 a.m. and 5:00 p.m.
Pacific Standard/Daylight Savings Time on any day, except by use of a hand -held bucket or
similar container, a hand -held hose equipped with a positive self - closing water shut -off nozzle or
device, or for very short periods of time for the express purpose of adjusting or repairing an
irrigation system.
2. Limit on Watering Duration: Watering or irrigating of lawn, landscape or other
vegetated area with potable water using a landscape irrigation system or a watering device that is
not continuously attended is limited to no more than fifteen (15) minutes watering per day per
station. This subsection does not apply to landscape irrigation systems that exclusively use very
low -flow drip type irrigation systems when no emitter produces more than two (2) gallons of
water per hour and weather based controllers or stream rotor sprinklers that meet a 70%
efficiency standard.
3. No Excessive Water Flow or Runoff: Watering or irrigating of any lawn,
landscape or other vegetated area in a manner that causes or allows excessive water flow or
runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited.
4. No Washing Down Hard or Paved Surfaces: Washing down hard or paved
surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis
courts, patios or alleys, is prohibited except by use of a hand -held bucket or similar container, a
hand -held hose equipped with a positive self - closing water shut -off device, a low- volume, high -
pressure cleaning machine, or a low- volume high- pressure water broom.
5. Obligation to Fix Leaks, Breaks or Malfunctions: Excessive use, loss or escape of
water through breaks, leaks or other malfunctions in the water user's plumbing or distribution
system for any period of time after such escape of water should have reasonably been discovered
and corrected and in no event more than ten (10) days of receiving written notice from the Town,
is prohibited.
6. Recirculating Water Required for Water Fountains and Decorative Water
Features: Operating a water fountain or other decorative water feature that does not use
recirculated water is prohibited.
7. Limits on Washing Vehicles: Using water to wash or clean a vehicle, including
but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized
or not is prohibited, except by use of a hand -held bucket or similar container or a hand -held hose
equipped with a positive self - closing water shut -off nozzle or device. This subsection does not
apply to any commercial car washing facility.
8. Drinking Water Served Upon Request Only: Eating or drinking establishments,
including but not limited to a restaurant, hotel, cafe, cafeteria, bar, or other public place where
food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water
to any person unless expressly requested.
9. Commercial Lodging Establishments Must Provide Guests Option to Decline
Daily Linen Services: Hotels, motels and other commercial lodging establishments must provide
customers the option of not having towels and linen laundered daily. Commercial lodging
establishments must prominently display notice of this option in each bathroom using clear and
easily understood language.
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10. No Installation of Single Pass Cooling Systems: Installation of single pass
cooling systems is prohibited in buildings requesting new water service.
11. No Installation of Non -re- circulating in Commercial Car Wash and Laundry
Systems: Installation of non -re- circulating water systems is prohibited in new commercial
conveyor car wash and new commercial laundry systems.
12. Restaurants Required to Use Water Conserving Dish Wash Spray Valves: Food
preparation establishments, such as restaurants or cafes, are prohibited from using non -water
conserving dish wash spray valves.
13. Commercial Car Wash Systems: Within one year of passage of this ordinance, all
commercial conveyor car wash systems must have installed operational re- circulating water
systems, or must have secured a waiver of this requirement from the Town.
C. Level I Water Supply Shortage (11% - 20% reduction): A Level 1 Water Supply
Shortage exists when the Town council determines, in its sole discretion, that due to drought or
other water supply conditions, a water supply shortage or threatened shortage exists and a 11 % -
20% consumer demand reduction is necessary to make more efficient use of water and
appropriately respond to existing water conditions. Upon the declaration by the Town of a Level
1 Water Supply Shortage condition, the following mandatory water conservation requirements,
in addition to the prohibited uses of water set forth in subsection B of this section, shall apply
during such time that the Level 1 Water Supply Shortage is in effect.
1. Limits on Watering Days. Watering or irrigating of lawn, landscape or other
vegetated area with potable water is limited to three to five days per week on a schedule
established and posted by the Town. During the months of November through March, watering
or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more
than one day per week on a schedule established and posted by the Town. This provision does
not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation
systems when no emitter produces more than two (2) gallons of water per hour. This provision
also does not apply to watering or irrigating by use of a hand -held bucket or similar container, a
hand -held hose equipped with a positive self - closing water shut -off nozzle or device, or for very
short periods of time for the express purpose of adjusting or repairing an irrigation system.
2. Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks, or other
malfunctions in the water user's plumbing or distribution system must be repaired within
seventy -two (72) hours of notification by the Town unless other arrangements are made with the
Town.
3. No Washing Down Hard or Paved Surfaces. Washing down hard or paved surfaces,
including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios
or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, and then
only by use of a hand -held bucket or similar container, a hand -held hose equipped with a positive
self - closing water shut -off device, a low- volume, high- pressure cleaning, or a low- volume high -
pressure water broom.
D. Level 2 Water Supply Shortage (21% - 35% reduction).
A Level 2 Water Supply Shortage exists when the Town council declares, in its sole
discretion, that due to drought or other water supply conditions, a water supply shortage or
threatened shortage exists and a 21% - 35% consumer demand reduction is necessary to make
more efficient use of water and appropriately respond to existing water conditions. Upon the
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declaration of a Level 2 Water Supply Shortage condition, the following mandatory water
conservation requirements, in addition to the prohibited uses of water set forth in subsections B
and C of this section, shall apply during such time that the Level 2 Water Supply Shortage is in
effect.
1. Watering Days. Watering or irrigating of lawn, landscape or other vegetated area with
potable water is limited to two days per week on a schedule established and posted by the Town.
During the months of November through March, watering or irrigating of lawn, landscape or
other vegetated area with potable water is limited to no more than one day per week on a
schedule established and posted by the Town. This provision does not apply to landscape
irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter
produces more than two (2) gallons of water per hour. This provision also does not apply to
watering or irrigating by use of a hand -held bucket or similar container, a hand -held hose
equipped with a positive self - closing water shut -off nozzle or device, or for very short periods of
time for the express purpose of adjusting or repairing an irrigation system.
2. Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks, or other
malfunctions in the water user's plumbing or distribution system must be repaired within forty -
eight (48) hours of notification by the Town unless other arrangements are made with the Town.
3. Limits on Filling Ornamental Lakes or Ponds. Filling or re- filling ornamental lakes or
ponds with potable water is prohibited, except to the extent needed to sustain aquatic life,
provided that such animals are of significant value and have been actively managed within the
water feature prior to declaration of a supply shortage level under this section.
4. Limits on Washing Vehicles. Using water to wash or clean a vehicle, including but
not limited to, any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or
not, is prohibited except at a commercial car washing facility that utilizes a re- circulating water
system to capture or reuse water.
5. Limits on Filling Residential Swimming Pools & Spas. Re- filling of more than one
foot and initial filling of residential swimming pools or outdoor spas with potable water is
prohibited.
E. Level 3 Water Supply Shortage — Emergency Condition (Greater than 35%
reduction). A Level 3 Water Supply Shortage shall be referred to as a Water Shortage
Emergency. A Level 3 condition exists when the Town council declares, in its sole discretion, a
water shortage emergency and notifies its residents and businesses that a greater than 35%
reduction in consumer demand is necessary to maintain sufficient water supplies for public
health and safety, pursuant to Water Code Section 350 et seq. Upon the declaration of a Level 3
Water Supply Shortage condition, the following mandatory water conservation requirements, in
addition to the prohibited uses of water set forth in subsections B, C and D of this section, shall
apply during such time that the Level 3 Water Supply Shortage is in effect
1. No Watering or Irrigating. Watering or irrigating of lawn, landscape or other
vegetated area with potable water is prohibited. This restriction does not apply to the following
categories of use, unless the Town has determined that recycled water is available and may be
applied to the use:
a. Maintenance of vegetation, including trees and shrubs, that are watered using a hand-
held bucket or similar container, hand -held hose equipped with a positive self — closing water
shut -off nozzle or device;
b. Maintenance of existing landscape necessary for fire protection;
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c. Maintenance of existing landscape for soil erosion control;
d. Maintenance of plant materials identified to be rare or essential to the well -being of
protected species;
e. Maintenance of landscape within active public parks and playing fields, day care
centers, golf course greens, and school grounds, provided that such irrigation does not exceed
two (2) days per week for no more than fifteen (15) minutes watering per day per station and is
prohibited between the hours of 9:00 a.m. and 5:00 p.m. Pacific Standard /Daylight Savings
Time, according to the schedule established in subsection D(1) or this section.
f. Actively irrigated environmental mitigation projects.
2. Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks, or other
malfunctions in the water user's plumbing or distribution system must be repaired within twenty
four (24) hours of notification by the Town unless other arrangements are made with the Town.
3. No building permits for new swimming pools or spas will be issued.
F. Procedures for Determination/Notification of Water Supply Shortage
The existence of Level 1, Level 2 or Level 3 Water Supply Shortage conditions may be
declared by resolution of the Town council adopted at a regular or special public meeting held in
accordance with state law. The mandatory conservation requirements applicable to Level 1,
Level 2 or Level 3 conditions will take effect on the tenth day after the date the shortage level is
declared. Within five (5) days following the declaration of the shortage level, the Town must
publish a copy of the resolution in a newspaper used for publication of official notices.
G. Hardship Waiver. If, due to unique circumstances, a specific requirement of this
chapter would result in undue hardship to a person using water or to property upon which water
is used, that is disproportionate to the impacts to water users generally or to similar property or
classes of water users, then the person may apply for a waiver to the requirement as provided in
this Section.
1. Application: Application for a waiver must be on a form prescribed by the Town and
accompanied by a nonrefundable processing fee in an amount set by Town council resolution.
2. Supporting Documentation: The application must be accompanied by photographs,
maps, drawings, and other information, including a written statement of the applicant.
3. Required Findings for Waiver: The waiver may be granted or conditionally granted
only upon a written finding of the existence of facts demonstrating an undue hardship to a person
using water or to property upon which water is used, that is disproportionate to the impacts to
water users generally or to similar property or classes of water use due to specific and unique
circumstances of the user or the user's property. An application for a waiver will be denied
unless the Town finds, based on the information provided in the application, supporting
documents, or such additional information as may be requested, and on water use information for
the property as shown by the records of the Town or its agent, all of the following:
a. That the waiver does not constitute a grant of special privilege inconsistent with the
limitations upon other residents and businesses;
b. That because of special circumstances applicable to the property or its use, the strict
application of this chapter would have a disproportionate impact on the property or use that
exceeds the impacts to residents and businesses generally;
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c. That the authorizing of such waiver will not be of substantial detriment to adjacent
properties, and will not materially affect the ability of the Town to effectuate the purpose of this
chapter and will not be detrimental to the public interest; and
d. That the condition or situation of the subject property or the intended use of the
property for which the waiver is sought is not common, recurrent or general in nature.
4. Approval Authority: The Town must act upon any completed application no later than
ten (10) days after submittal and may approve, conditionally approve, or deny the waiver. The
applicant requesting the waiver must be promptly notified in writing of any action taken. Unless
specified otherwise at the time a waiver is approved, the waiver will apply to the subject property
during the period of the mandatory water supply shortage condition.
Sec 27.60.050. Enforcement
It shall be the duty of the employees of the police, community development and public
works departments to give vigilant aid to the Town Attorney in the enforcement of the provisions
of this chapter, and to this end they shall report all violations thereof which shall come to their
knowledge, to the office of the Town Attorney.
Sec. 27.60.060. Violation - Penalty
A. Penalty. Any person violating or causing or permitting to be violated, any of the provisions of
this chapter, is deemed guilty of a misdemeanor. Upon conviction thereof, such person shall be punished
by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail for not more
than 30 days. Every such person shall be deemed to be guilty of a separate offense for every day during
any portion of which any violation of any provision of this chapter is committed, continued or permitted
by such person, and shall be punishable therefor as provided in this section.
B. Notwithstanding any other provision of this code, whenever a violation of any section
contained in this chapter is punishable as a misdemeanor, the Town attorney may specify that the offense
is an infraction, and proceed with prosecution as an infraction, unless the defendant objects to the offense
being made an infraction, in which event the court may elect to have the complaint amended to charge as
a misdemeanor, and the case shall proceed on a misdemeanor charge.
C. Violation of Section 27.60.030. In addition to all other available remedies, including
penalties available pursuant to subsection A or B of this section, any person violating or causing
or permitting to be violated any provision of Section 27.60.030 shall be subject to the following
penalties and fines pursuant to the authorities and procedures set forth in Chapter 1.
1. First Violation: The Town of Los Gatos will issue a written warning and deliver a
copy of this ordinance by mail.
2. Second Violation: A second violation within any consecutive twelve (12) months
period is punishable by a fine not to exceed one hundred dollars ($100).
3. Third Violation: A third violation within any consecutive twelve (12) months period
is punishable by a fine not to exceed two hundred dollars ($200).
4. Subsequent Violations: Any subsequent violations within any consecutive twelve (12)
months period are punishable by a fine not to exceed five hundred ($500).
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D. Separate Offenses: Each day that a person violated provisions of Section 13.04.330
shall constitute a separate violation or offense.
E. All remedies provided for herein shall be cumulative and not exclusive.
Section 2. CEQA Exemption
The Town Council finds that this ordinance is not subject to the California Environmental
Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the
activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to
the environment, directly or indirectly; rather it prevents changes in the environment by
imposing mandatory conservation regulations and associated penalties to protect and preserve
the City's water resources during the current drought conditions. Further, the adoption of this
ordinance is categorically exempt under CEQA Guidelines Section 15308 for actions taken by
regulatory agencies to ensure the protection of the environment and Section 15061(b)(3) because
the City Council can see with certainty that there is no possibility the adoption of this ordinance
will have a significant effect on the environment. Further, the Town finds that this Ordinance and
actions taken hereafter pursuant to this Ordinance are exempt from the California Environmental
Quality Act as specific actions necessary to prevent or mitigate an emergency pursuant to Public
Resources Code Section 21080(b)(4) and the California Environmental Quality Act Guidelines
Section 15269(c). The Town Clerk is hereby authorized and directed to file a Notice of
Exemption as soon as possible following adoption of this Ordinance.
Section 3. Severability
If any section, subsection, sentence, clause or phrase in this Ordinance is for any reason
held invalid, the validity of the remainder of the Ordinance will not be affected. The Town
council hereby declares it would have passed this Ordinance and each section, subsection,
sentence, clause or phrase thereof, irrespective of the fact that one or more sections, subsections,
sentences, clauses, or phrases or is declared invalid.
Section 4. Effective Date; Posting. Pursuant to California Water Code Section 376,
this Ordinance shall constitute a water conservation program and shall be effective upon
adoption. Within ten (10) days of its adoption, this ordinance shall be published in full once in a
newspaper of general circulation which is printed, published, and circulated in the Town of Los
Gatos.
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This ordinance was introduced at a meeting of the Town Council held on the 2nd day of
June, 2015, and adopted at a meeting held on the 16a' day of June, 2015, and said ordinance was
duly passed and adopted in accordance with law by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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