REPORT TO COUNCIL
SUBJECT
Title
Public Hearing and Introduction of an Ordinance Amending Chapter 12.34 (Water Conservation Restrictions) of Title 12 (Water and Sewers) of the Sunnyvale Municipal Code to Implement AB 1572 by Prohibiting the Use of Potable Water to Irrigate Nonfunctional Turf and Finding the Action Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15307
Report
BACKGROUND
In 2023, the California Legislature enacted Assembly Bill (AB) 1572 (codified in Cal. Water Code Section 10608.12 et seq.), which prohibits the use of potable water to irrigate nonfunctional turf on specified properties. The law requires public water systems, including the City of Sunnyvale (City), to update their water service regulations, ordinances, or policies as necessary to implement the requirements and communicate them to customers by January 1, 2027. The proposed amendments to Chapter 12.34 (Water Conservation Restrictions) of the Sunnyvale Municipal Code incorporate the requirements of AB 1572 into the City's existing water conservation regulations to meet the statutory requirement for updating the City's regulations.
Nonfunctional turf is defined as ornamental turf that is not regularly used for recreation, civic or community events, or other specified purposes. The prohibition is phased in by property type.
EXISTING POLICY
Council Policy 7.3.1 - Legislative Management Goals and Policies, Policy 7.3B.3. Prepare and update ordinances to reflect current community issues and concerns in compliance with state and federal laws.
General Plan, Chapter 7 - Environmental Management, Goal EM-2 Water Conservation. Promote more efficient use of the City's water resources to reduce the demands placed on the City's water supplies.
Climate Action Playbook 2024 Update and Game Plan 2028, Move 4.I. Implement a policy that prohibits installation of non-functional turf in new commercial construction.
Sunnyvale Municipal Code Section 12.34.020 - Nonessential Uses Prohibited. Prohibits nonessential water uses to prevent waste and unreasonable use and promote water conservation, including the existing prohibition on the use of potable water to irrigate ornamental turf on public street medians (§ 12.34.020(a)(10)).
ENVIRONMENTAL REVIEW
Prohibiting the use of potable water to irrigate nonfunctional turf is a regulatory action required by state law and is categorically exempt from California Environmental Quality Act (CEQA) review pursuant to CEQA guidelines Section 15307. This exemption applies because the action is taken by a regulatory agency to assure the maintenance, restoration, or protection of natural resources.
DISCUSSION
The City has a longstanding commitment to water conservation through its Municipal Code, planning policies, and conservation programs. Chapter 12.34 establishes water conservation restrictions applicable to users of water supplied by the City and identifies uses of potable water that constitute waste or unreasonable use.
Section 12.34.020 currently prohibits a range of nonessential water uses, including irrigation that causes runoff, landscape irrigation during specified daytime hours, irrigation following measurable rainfall, and the use of potable water to irrigate ornamental turf on public street medians.
AB 1572 establishes an additional statewide restriction on the use of potable water to irrigate nonfunctional turf. Water Code section 10608.14(d) requires public entities that provide water systems to “revise their regulations, ordinances, or policies governing water service to include the [AB 1572] requirements,” and to communicate the requirements to their customers on or before that date. The proposed ordinance incorporates the requirements of AB 1572 into Chapter 12.34 by reference so that the City's water conservation regulations are consistent with state law.
The prohibition would take effect according to the schedule established by AB 1572:
• January 1, 2027: Properties owned by State or local governments, local or regional public agencies, and public water systems.
• January 1, 2028: Commercial, industrial, and institutional properties.
• January 1, 2029: Common areas of homeowners' associations, common interest developments, and community service organizations or similar entities.
The phased schedule provides affected property owners and managers time to evaluate their landscapes, determine whether existing turf is functional or nonfunctional, and consider alternatives such as drought-tolerant landscaping or conversion to recycled water where feasible. AB 1572 also provides specified exceptions, including certain turf irrigated with recycled water and turf necessary for tree health.
Outreach and Education
Staff developed a phased outreach strategy aligned with the compliance dates established by AB 1572. This approach provides broad awareness while focusing targeted outreach on each affected customer group as its compliance date approaches.
• Phase 1 - General Awareness. To meet AB 1572's requirement to communicate the new requirements to customers by January 1, 2027, the City launched a dedicated webpage (Nonfunctional Turf - Attachment 1) to provide general information about AB 1572, including affected property types, phased compliance dates, exemptions, and resources to assist customers with compliance. The webpage will serve as the central resource for subsequent outreach efforts.
• Phase 2 - Public Agency Properties. Staff conducted targeted outreach to properties subject to the January 1, 2027, compliance deadline. Environmental Services Department (ESD) collaborated with Department of Public Works (DPW) staff to identify City-owned landscapes potentially have nonfunctional turf and provided guidance on AB 1572 requirements. Staff conducted detailed reviews using GIS aerial imagery and performed joint field assessments at multiple park sites to assist DPW in evaluating potentially affected turf areas. Based on DPW’s assessment, no City park landscapes were identified as containing nonfunctional turf subject to AB 1572. The evaluated turf areas were determined to be either functional or associated with trees or park use and therefore exempt from the prohibition. The City has already proactively converted many turf areas in street medians and parks to water-efficient landscaping over the past two decades.
In addition, staff notified public schools located within Sunnyvale, including those in the Sunnyvale School District, Cupertino Union School District, Fremont Union High School District, and Santa Clara Unified School District, as well as State-owned courthouse and County-owned Valley Health Center Sunnyvale. Many school district representatives responded that they were aware of the new law and had already begun identifying and converting nonfunctional turf areas. Staff offered follow-up assistance to address questions and support compliance. Private schools are considered institutional properties under AB 1572 and will be included in Phase 3 outreach in advance of the January 1, 2028 compliance deadline.
• Phase 3 - Commercial, Industrial, and Institutional Properties. In advance of the January 1, 2028 deadline, staff will expand outreach to commercial, industrial, and institutional customers. Informational materials will be distributed through the Permit Center and by ESD inspectors during commercial site visits. Staff also plans to collaborate with the California Landscape Contractors Association to reach landscape professionals, contact mobile home parks individually, and use utility billing communications to reach affected customers.
• Phase 4 - Homeowners' Associations and Common Interest Developments. Before the January 1, 2029, deadline, staff will conduct targeted outreach to homeowners' associations and other common interest developments regarding common-area landscapes, applicable exceptions, and available resources for landscape conversion.
This phased approach focuses City resources on customers with the earliest deadlines while providing those with later compliance dates sufficient time to plan for necessary changes.
Implementation and Enforcement
Staff's initial emphasis will be on education and voluntary compliance. As each statutory deadline takes effect, staff will incorporate the new requirements into the City's existing water conservation and enforcement activities under Chapter 12.34, including administrative penalties for violations, rather than establish a separate enforcement program. Implementation is currently expected to be managed with existing staff and resources. However, AB 1572 does not provide dedicated State funding for local implementation. Staff will monitor complaint and enforcement activity as the requirements are phased in and evaluate whether additional resources or funding are needed.
FISCAL IMPACT
Implementation of the proposed ordinance is currently not anticipated to result in any fiscal impact. Implementation activities, including ordinance enforcement and public outreach, will be integrated into existing water conservation programs and managed within current departmental resources. Any minor administrative costs associated with updating guidance materials, staff training, and compliance monitoring are expected to be absorbed by the Environmental Services Department’s Water Enterprise Fund.
Future workload and costs are uncertain, particularly as the requirements expand to commercial, industrial, and institutional properties in 2028 and HOA properties in 2029. Staff will monitor outreach, compliance, and enforcement activity as each phase takes effect and evaluate whether additional resources or funding are needed.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
ALTERNATIVES
1. Introduce the Ordinance as Proposed. Introduce the ordinance amending Chapter 12.34 (Water Conservation Restrictions) of Title 12 (Water and Sewers) of the Sunnyvale Municipal Code to prohibit the use of potable water to irrigate nonfunctional turf on commercial, municipal, institutional, and multifamily residential properties, in compliance with AB 1572 (Chapter 849, Statutes of 2023), and find the action exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15307. This approach ensures timely compliance with AB 1572 and provides regulatory clarity for the community.
2. Do Not Introduce the Proposed Ordinance Amendment. This action would maintain the current version of Chapter 12.34 without the prohibition mandated by state law. This would result in the City being out of compliance with AB 1572, potentially exposing the City to state enforcement actions or other legal consequences, and would not provide the regulatory updates necessary for local implementation of the new state requirements.
3. Introduce the Proposed Ordinance and Provide Alternative Direction to Staff. Introduce the proposed ordinance to meet the requirements of AB 1572 and direct staff to evaluate additional modifications or implementation approaches and return to Council at a later date for consideration.
STAFF RECOMMENDATION
Recommendation
Alternative No. 1: Introduce the ordinance amending Chapter 12.34 (Water Conservation Restrictions) of Title 12 (Water and Sewers) of the Sunnyvale Municipal Code to prohibit the use of potable water to irrigate nonfunctional turf on commercial, municipal, institutional, and multifamily residential properties, in compliance with AB 1572 (Chapter 849, Statutes of 2023), and find the action exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15307.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html.
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
_X_ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Winola Cheong, Deputy Director of ESD - Water and Sewer
Reviewed by: Ramana Chinnakotla, Director, Environmental Services Department
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Hyperlink to Nonfunctional Turf
2. Assembly Bill 1572
3. Draft Ordinance