HomeMy WebLinkAboutStaff Report 2606-6503CITY OF PALO ALTO
CITY COUNCIL
Special Meeting
Monday, August 10, 2026
Council Chambers & Hybrid
5:30 PM
Agenda Item
17.SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Chapter
12.32 (Water Use Regulations) of the Palo Alto Municipal Code to Incorporate Additional
Water Use Regulations (FIRST READING: June 8, 2026; PASSED: 7-0)
City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: August 10, 2026
Report #:2606-6503
TITLE
SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Chapter 12.32
(Water Use Regulations) of the Palo Alto Municipal Code to Incorporate Additional Water Use
Regulations (FIRST READING: June 8, 2026; PASSED: 7-0)
BACKGROUND
The City Council heard this item on June 8, 2026 for a first reading and approved it on a 7-0
vote. No changes were made to the ordinance, and it is now before the City Council for a
second reading.
ATTACHMENTS
Attachment A: Ordinance of the Council of the City of Palo Alto Amending Chapter 12.32 (Water
Use Regulations) of the Palo Alto Municipal Code to Incorporate Additional Water Use
Regulations
APPROVED BY:
Mahealani Ah Yun, City Clerk
*NOT YET ADOPTED*
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Ordinance No.
Ordinance of the Council of the City of Palo Alto Amending Chapter 12.32
(Water Use Regulations) of the Palo Alto Municipal Code to Incorporate
Additional Water Use Regulations
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. Article 10, Section 2 of the California Constitution declares that waters of the State are to
be put to beneficial use, that waste, unreasonable use, or unreasonable method of use of
water be prevented, and that water be conserved for the public welfare.
B. The State of California is prone to drought conditions, which result in water supply
shortages.
C. The City of Palo Alto recognizes the continuing need to manage water resources under its
jurisdiction and control in a constitutionally compliant manner.
D. Section 12.32.010 of the Palo Alto Municipal Code sets forth permanent water use
restrictions applicable to all City water customers in order to responsibly manage the
City’s water resources.
E. City regulation of the time and manner of water use, rate design, the method of
application of water for certain uses, and establishment of enforcement procedures in
support of water use management is an effective and immediately available means of
conserving water and is authorized by Palo Alto Municipal Code Section 12.20.010.
F. California Assembly Bill (AB) 1572 (2023) prohibits the use of potable water to irrigate
nonfunctional turf at most commercial, industrial, and institutional properties, including
common areas managed by homeowner associations, and requires the City of Palo Alto
to update its regulations to enforce the State-mandated prohibitions.
G. In 2024, the State Water Resources Control Board adopted the “Making Conservation as
a Way of Life” regulation (23 CCR § 965 et seq.), which establishes urban water use
objectives and performance measures for retail water suppliers like the City.
H. The Council wishes to make minor changes to existing water use restrictions and adopt
additional permanent water use restrictions in order to responsibly manage the City’s
water resources, meet its urban water use objectives, and comply with AB 1572.
SECTION 2. Section 12.32.010 (Water Use Regulations) of Chapter 12.32 (Water Use
*NOT YET ADOPTED*
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Regulations) of the Palo Alto Municipal Code is hereby amended as follows (additions
underlined, deletions struck through):
12.32.010 Water use regulations.
No purchaser of water from the city of Palo Alto, nor any customers of the water utility of the
city of Palo Alto, shall use water or allow any other person to use water under the control of
such customer or purchaser in the following ways:
(a) Potable water shall not be allowed to flood or run off into gutters: driveways, sidewalks,
streets or other unlandscaped areas.
(b) By means of a hose to wash cars, boats, trailers, buses or other vehicles or to wash
sidewalks, building structures, other hard-surfaced areas or parts thereof without an
operating automatic shut-off valve. Use of a hose for such purposes should be avoided
whenever possible.
(c) Potable water for consolidation of backfill and other nondomestic uses in construction
shall not be used if other water sources such as reclaimed water are available, as
determined by the director of utilities or his or her designee. Applicants for hydrant
permits from the city of Palo Alto shall be deemed to have consented to restrictions on
water use which may be imposed by the director of utilities or his or her designee.
(d) Any broken or defective plumbing, sprinklers, watering or irrigation systems which
permit the escape or leakage of water shall be repaired or replaced as soon as possible,
but no later than the date established by the director of utilities, or his or her designee,
as reasonable after observation of the broken or defective system.
(e) The irrigation of turf or ornamental landscapes, which serve purely decorative purposes,
and are distinguished from trees, edible gardens or landscapes that provide more than a
purely aesthetic function, with potable water shall not be allowed between 910:00 a.m.
and 6:00 p.m., except via hand watering with a bucket or a hose with an operating shut-
off valve.
(f) The use of potable water in a fountain or other decorative water feature is prohibited,
except where the water is part of a recirculating system.
(g) The use of potable water for street sweepers and washers is prohibited if non-potable
water is available, as determined by the Director of Utilities, or his or her designee.
(h) Commercial car washes must use recycled water systems, if recycled water is available,
as determined by the Director of Utilities, or his or her designee, and economically
feasible.
(i) The use of potable water for the irrigation of nonfunctional turf located on commercial,
industrial, and institutional properties, other than a cemetery, and on properties of
homeowners’ associations, common interest developments, and community service
*NOT YET ADOPTED*
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organizations or similar entities is prohibited as of the following dates:
(i) All properties owned by local governments, local or regional public agencies, and
public water systems, beginning January 1, 2027.
(ii) All other institutional properties and all commercial and industrial properties,
beginning January 1, 2028.
(iii) All common areas of properties of homeowners’ associations, common interest
developments, and community service organizations or similar entities,
beginning January 1, 2029.
Notwithstanding the provisions of this subdivision (i), the use of potable water is not
prohibited to the extent necessary to ensure the health of trees and other perennial
nonturf plantings, or to the extent necessary to address an immediate health and safety
need. For the purposes of this subdivision (i), relevant terms have the same meaning as
in Section 10608.12 of the Water Code.
SECTION 3. If any section, subsection, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion or
sections of the Ordinance. The Council hereby declares that it would have adopted the
Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid.
SECTION 4. The Council finds that this ordinance is categorically exempt from review
under the California Environmental Quality Act (CEQA) pursuant to Section 15307 and 15308 of
the CEQA Guidelines (actions taken by regulatory agencies for the protection of natural
resources and the environment).
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*NOT YET ADOPTED*
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SECTION 5. This ordinance shall be effective on the thirty-first day after the date of
its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
City Attorney or Designee City Manager
Director of Utilities