HomeMy WebLinkAboutORD 10-26 AMENDING CHAPTER 7.02 OF THE OMC PROHIBITING POTABLE WATER FROM BEING USED TO IRRIGATE AREAS OF NON-FUNCTIONAL TURFORDINANCE NO. 10-26
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING CHAPTER 7.02 OF
THE ORANGE MUNICIPAL CODE PROHIBITING
POTABLE WATER FROM BEING USED TO
IRRIGATE AREAS OF NON-FUNCTIONAL TURF
WHEREAS, the City of Orange (the "City") is a municipal corporation which exercises
governmental functions and powers and is organized and existing under the laws of the State of
California; and
WHEREAS,the City has long recognized the importance of water conversation due to the
State of California's frequent drought conditions, continued demand for water, unpredictable
weather and precipitation rates; and
WHEREAS, California Assembly Bill 1572 (AB 1572), signed into law on October 13,
2023, prohibits the use of potable water to irrigate Non-Functional Turf located on Local
Government, Commercial, Industrial, and Institutional Properties, and HOA Common Areas
throughout the State of California and requires the City to update its regulations to enforce the
State-mandated prohibitions; and
WHEREAS the changes proposed update the Code to conform with proposed State
mandated prohibitions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I:
The subject Ordinance is exempt from the provisions of the California Environmental
Quality Act (CEQA) per State CEQA Guidelines (Guidelines) Sections 15060(c)(2) and
15060(c)(3)because review and evaluation of potential impact of the Ordinance demonstrate that
it will not result in a direct or reasonably foreseeable indirect physical change in the environment,
and it is not a "project" as defined in Guideline 15378 and the Ordinance regulates conduct and
enforcement procedures and does not authorize or result in any physical development or change
to the environment;any resulting enforcement activity is indirect,speculative,and not a reasonably
foreseeable physical change.
SECTION II:
Section 7.02.030 of the Orange Municipal Code, "Environment — Water Shortage
Contingency Response—Definitions,"is hereby amended to read as follows:
7.02.030 Definitions.
The following words and phrases, as used in this chapter, are defined as follows:
AB 1572"Assembly Bill 1572, Friedman. Potable Water: Non-Functional Turf. The legislation
that prohibits the watering of Non-Functional turf for the certain customer classes and requires
water suppliers to implement regulations, ordinances, or policies supporting the prohibition.
Commercial Properties"Application of business, such as a hotel,restaurant, or office building,
that utilizes water. These facilities are generally categorized within, but not limited to,
construction, retail/wholesale trade, transportation, information, professional activities and other
similar entities.
Domestic Water" Water supplied by a water supplier to domestic customers, and used for
purposes including indoor activities, such as drinking, cooking, and bathing as well as outdoor
uses such as landscaping irrigation and lawn watering.
Functional Turf' Existing turf grass areas that have a clear, dedicated function, are used
regularly, provide a recreational benefit to the community/property , are an essential part of a
commercial service or operation, provide reasonable space and safe access, have a history of
programmed events past , present, and future, or they are future turf installations planned for a
property which meet the requirements of Functional Turf
Government Property" A Water User that is a government agency owning or operating a
property, which is a permanent or semi-Permanent organization within a state and local
government responsive for overseeing or administering specific functions.
Industrial Property" A Water User that is primarily a manufacturer or Processor of materials,
and/or an entity that is a Water User primarily engaged in research and development.
Institutional Property"A Water User dedicated to public service. This type of user includes but
is not limited to; higher education institutions, schools, courts, churches, hospitals, and nonprofit
research institutions.
Non-Functional Turf' Turf areas that do not meet the required conditions and criteria, as
identified in the Functional Turf definition within this Ordinance. Non- Functional Turf areas are
turf areas with no functional purpose other than being aesthetic, ornamental, or passive
landscaping. Excludes cemeteries from this definition.
SECTION III:
Section 7.02.160 "Environment — Water Shortage Contingency Response —Prohibiting
Potable Water from Being Used to Irrigate Areas of Non-Functional Turf' is hereby added to the
Orange Municipal Code to read as follows:
Section 7.02.160 Prohibiting Potable Water from Being Used to Irrigate Areas of Non-Functional
Turf
A. The following prohibitions on the Use of Potable Water to Irrigate Non-Functional Turf are in
effect, regardless of whether any declared shortage conditions are in effect.
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1. No person shall use potable water to irrigate non-functional turf on Government
Property/publicly owned property beginning January 1, 2027.
2. No person shall use potable water to irrigate non-functional turf on commercial,industrial,
and institutionally owned property beginning January 1, 2028.
3. No person shall use potable water to irrigate non-functional turf on homeowners'
associations common area, common interest developments, and community service
organizations, or similar entities,beginning January 1, 2029.
4. No person shall use potable water to irrigate non-functional turf on Government
Property/publicly owned property located within disadvantaged communities (DAC)
beginning January 1, 2031, or upon the date state funding for turf conversion to climate
appropriate landscapes within DACs becomes available.
B. Requires commercial, industrial, municipal, Government Property/publicly owned, and
institutional property owners with more than 5,000 square feet of irrigated areas to self-certify
to the State Water Board compliance with this bill beginning June 30, 2029, and every three
years thereafter through 2038.
C. Requires homeowners' association common area, common interest development, or
community service organization,or similar entity property owners with more than 5,000 square
feet of irrigated areas to self-certify to the State Water Board compliance with this bill
beginning June 30, 2031, and every three years thereafter through 2039.
D. Self-certification requirements shall begin six (6) months prior to the applicable compliance
deadline. All Affected Water Customers identified as self-certifying must clearly designate
Functional and Non-Functional Turf areas on their property by June 30 of the year prior to the
relevant deadlines. Affected Water Customers shall submit a self-certification form and
requested documents, including,but not limited to, a map identifying all Functional and Non-
Functional Turf areas.If an Affected Water Customer has no Functional Turf to report,a parcel
map is not required, however, self-certification is still necessary.
E. Permits the State Water Resources Control Board (State Water Board) to extend compliance
dates outlined above,by up to three years through regulation.
F. Requires public water systems to update their regulations, ordinances, or policies governing
water use no later than January 1, 2027, to incorporate the prohibition on the use of potable
water on nonfunctional turf established by this bill.
G. Authorizes a water system, city, county, or city and county to enforce the provisions of this
bill.
H. The use of potable water is not prohibited to the extent necessary to ensure the health of trees
and perennial non-turfing plants or as necessary to address an immediate health and safety
need.
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I. Functional Turf landscaping not subject to this Ordinance, and therefore may be irrigated with
Potable Water included but are not limited to:
1. Government Functional Turf: Turf areas on Government Properties/publicly owned land
that offer a gathering benefit to the community, provide a dedicated function as a
Recreational Use Area that improves the quality of life for the Public, or have a justifiable
operational requirement. Specific examples include public parks Recreational Use Areas,
and sports fields.
2. Commercial, Industrial and Institutional Functional Turf: Turf areas on Commercial
properties which have an exclusive use, and are inherently required to sustain an essential
function, service, or operation. Some examples include pet relief areas for veterinary and
pet shelters, daycare centers, youth centers, agricultural applications, sports stadiums, and
regularly programmed events in areas with temporary occupancy.
3. HOA Common Area Functional Turf:Turf areas in a Homeowners Association's Common
Area,or a similar entity,if it has a history of programmed community events such as charity
drives, weddings, concerts; or Recreational use Areas with specific functions such as a
children's playground, sports field, or dedicated pet areas.
4. Single-family homes,cemeteries,golf courses and turf areas irrigated with Recycled Water
are excluded from the requirements of AB 1572 and are not required to comply with this
Ordinance; this applies to Potable Domestic Water Service only.
SECTION IV:
If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for
any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof,
irrespective of the fact that anyone (or more) section, subdivision, paragraph, sentence, clause or
phrase had been declared invalid or unconstitutional.
SECTION V:
The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the
same to be published as required by law. This Ordinance shall take effect thirty (30) days from
and after the date of its final passage.
ADOPTED this 23rd day of June, 2026.
l R. Slater, Mayor, City of Orange
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ATTEST:
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
QSth 1.
Nathalie Adourian, ity Attorney, City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the
9th day of June 2026, and thereafter at the regular meeting of said City Council duly held on the
23rd day of June, 2026 was duly passed and adopted by the following vote, to wit:
AYES: COUNCILMEMBERS: Barrios, Dumitru, Tavoularis, Gutierrez, Gyllenhammer,
Slater
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Bi19r au
0&44",
Pamela Coleman, City Clerk, City of Orange
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