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HomeMy WebLinkAboutORD 57071 0290193_20260422_ms29 Ordinance No. 5707 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 Docusign Envelope ID: 5D5F8D57-0743-8710-8060-C31131D80FEC 2 0290193_20260422_ms29 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 Docusign Envelope ID: 5D5F8D57-0743-8710-8060-C31131D80FEC 3 0290193_20260422_ms29 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). // // // // // // // // Docusign Envelope ID: 5D5F8D57-0743-8710-8060-C31131D80FEC 4 0290193_20260422_ms29 SECTION 5. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: JUNE 8, 2026 PASSED: AUGUST 10, 2026 AYES: BURT, LAUING, LU, LYTHCOTT-HAIMS, RECKDAHL, STONE, VEENKER NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney or Designee City Manager Director of Utilities Docusign Envelope ID: 5D5F8D57-0743-8710-8060-C31131D80FEC Certificate Of Completion Envelope Id: 5D5F8D57-0743-8710-8060-C31131D80FEC Status: Completed Subject: ORD 5707 - Amending Chapter 12.32 (Water Use Regulations) of the Palo Alto Municipal Code to Source Envelope: Document Pages: 4 Signatures: 5 Envelope Originator: Certificate Pages: 2 Initials: 0 Nicole Bissell AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 Nicole.Bissell@PaloAlto.gov IP Address: 170.85.54.121 Record Tracking Status: Original 8/14/2026 12:10:17 PM Holder: Nicole Bissell Nicole.Bissell@PaloAlto.gov Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Signer Events Signature Timestamp Madeleine Salah Madeleine.Salah@paloalto.gov Deputy City Attorney City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 2601:645:c688:7c20:393b:da43:53f0:d237 Sent: 8/14/2026 12:17:11 PM Viewed: 8/17/2026 10:04:50 AM Signed: 8/17/2026 10:06:14 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Alan Kurotori Alan.Kurotori@paloalto.gov Director of Utilities City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 170.85.54.101 Sent: 8/17/2026 10:06:15 AM Viewed: 8/18/2026 1:31:40 PM Signed: 8/18/2026 1:31:55 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Ed Shikada Ed.Shikada@paloalto.gov City Manager City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 170.85.54.89 Sent: 8/18/2026 1:31:56 PM Viewed: 8/20/2026 10:36:09 AM Signed: 8/20/2026 10:36:15 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Veenker, Vicki vicki.veenker@paloalto.gov City of Palo Alto Security Level: Email, Account Authentication (None)Signature Adoption: Uploaded Signature Image Using IP Address: 2600:1010:b217:f8d1:2c0f:d419:2213:6796 Signed using mobile Sent: 8/20/2026 10:36:16 AM Viewed: 8/30/2026 7:53:45 AM Signed: 8/30/2026 7:55:55 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Signer Events Signature Timestamp Mahealani Ah Yun Mahealani.AhYun@PaloAlto.gov City Clerk Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 2600:387:15:4918::1 Signed using mobile Sent: 8/30/2026 7:55:56 AM Viewed: 9/7/2026 8:56:17 PM Signed: 9/7/2026 8:56:31 PM Electronic Record and Signature Disclosure: Not Offered via Docusign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 8/14/2026 12:17:11 PM Certified Delivered Security Checked 9/7/2026 8:56:17 PM Signing Complete Security Checked 9/7/2026 8:56:31 PM Completed Security Checked 9/7/2026 8:56:31 PM Payment Events Status Timestamps