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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. ATTACHMENT Town of Los Gatos Ordinance Page - 2 - 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. 2 Town of Los Gatos Ordinance Page - 3 - 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. Town of Los Gatos Ordinance Page -4- 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. F1 u Town of Los Gatos Ordinance Page - 5 - 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 E Town of Los Gatos Ordinance Page - 6 - 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; 11 Town of Los Gatos Ordinance Page -7- 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; %I Town of Los Gatos Ordinance Page - 8 - 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). Town of Los Gatos Ordinance Page - 9 - 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. E Town of Los Gatos Ordinance Page - 10 - 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 10