Note: Editor's Note: Chapter 2A, "Water Conservation,"
as added by Ordinance No. 1447CCS, adopted June 14, 1988, has been
amended in its entirety by Ordinance No. 1490CCS, adopted August 8,
1989; Ordinance No. 1571CCS, adopted February 26, 1991; and Ordinance
No. 1580CCS, adopted April 9, 1991, as amended by Ordinance No. 1585CCS § 1,
adopted 5/28/91; and Ordinance No. 1616CCS § 1, adopted
March 24, 1992. Additional amendments are noted where applicable.
The City Council finds and declares:
(a)
The
State of California, including the City of Santa Monica, suffers from
recurring severe drought conditions and even during non-drought periods
water is a scarce resource throughout much of Southern California.
(b)
Water
shortage conditions within the State of California and within the
City of Santa Monica can arise on short notice as a result of drought,
natural disaster, or other emergency event that critically impacts
the availability of water. As a result, the residents and business
operators of the City of Santa Monica live under an almost constant
threat of water shortage.
(c)
A
water conservation plan is necessary to minimize the effect of the
shortage of water within the City of Santa Monica. Such a plan will
significantly reduce the long and short term consumption of water,
thereby preserving available water for the future requirements of
the City, while minimizing the hardship caused to the general public
to the greatest extent possible.
(d)
A
water shortage response plan is essential to effectively and equitably
manage limited water resources during a water shortage emergency.
(e)
The
State of California requires all urban water suppliers providing municipal
water either directly or indirectly to more than three thousand customers,
or supplying more than three thousand acre feet of water annually,
to develop an Urban Water Shortage Contingency Plan.
(f)
The
City of Santa Monica is an urban water supplier providing water directly
to more than seventeen thousand customers.
(Prior code § 7240; added
by Ord. No. 1619CCS § 1, adopted 4/14/92; amended by Ord. No. 2266CCS § 1, adopted 6/10/08)
(a)
Landscape.
(1)
Watering Hours. No lawn or landscape area shall be spray
irrigated between the hours of nine a.m. and five p.m. on any day.
This subsection shall not apply to any drip irrigation system approved
by the City Manager or designee or unless the City Manager or designee
approves in writing an exemption, consistent with the policies of
this Chapter, for irrigation system maintenance, leak repair or new
planting of low water usage plants or if recycled water is utilized
as permitted by law.
(2)
Irrigation Overspray and Runoff. Water shall not spray
or flow to any impermeable private or public surface, including, but
not limited to, walkways, driveways, sidewalks, alleys, streets, or
storm drains.
(3)
Limitations on Sprinkler Use. All irrigating of landscape
with potable water using spray head sprinklers and bubblers shall
be limited to no more than ten minutes per watering day per station.
All irrigating of landscape with potable water using standard rotors
and multi-stream rotary heads shall be limited to no more than fifteen
minutes per cycle and up to two cycles per watering day per station.
(4)
Outdoor Watering Restrictions. The Department of Public
Works - Water Resources Division shall monitor and evaluate the projected
supply and demand for water and shall recommend to the City Manager
or designee the extent of the conservation required for the Department
of Public Works - Water Resources Division to prudently plan for and
supply water to its customers. The City Manager or designee shall
notify the City Council of the recommendation as to the particular
phase of water conservation, as more specifically set forth, below,
that should be implemented. Thereafter, the City Manager may, with
the concurrence of the Council, order that the appropriate phase of
water conservation be implemented in accordance with the applicable
provisions of this Section. Said order shall be published one time
only in a daily newspaper of general circulation and shall become
effective fourteen days from such publication. The provisions for
Phase I through III Outdoor Water Restrictions do not apply to drip
irrigation supplying water to a food source or to a hand-held hose
watering of vegetation or tree, if the hose is equipped with a positive
quick release shutoff valve or nozzle, which is allowed every day
except between the hours of nine a.m. and five p.m.
(A)
Phase I Outdoor Watering Restrictions. Outdoor watering
limited to three days per week. Under Phase I outdoor water restriction,
addresses that end with an odd number will be allowed outdoor watering
on Monday - Wednesday - Friday and addresses that end with an even
number will be allowed outdoor watering on Tuesday - Thursday - Saturday.
(B)
Phase II Outdoor Watering Restrictions. Outdoor watering
limited to two days per week. Under Phase II outdoor water restriction,
addresses that end with an odd number will be allowed outdoor watering
on Monday-Wednesday and addresses that end with an even number will
be allowed outdoor watering on Tuesday-Thursday.
(C)
Phase III Outdoor Watering Restrictions. Outdoor watering
limited to one day per week. Under Phase III outdoor water restriction,
addresses that end with an odd number will be allowed outdoor watering
on Monday and addresses that end with an even number will be allowed
outdoor watering on Tuesday.
(D)
Phase IV Outdoor Watering Restrictions. No outdoor watering
will be allowed unless exceptions, if any, are approved in writing
by the City Manager or designee.
(E)
Penalties. Any failure to comply with a Phase I through IV outdoor watering restriction shall be subject to the penalties outlined in Section 7.16.070.
(F)
Hardship Waiver. If, due to unique circumstances, a
Phase I through Phase IV outdoor watering restriction 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 requirements as provided in this
Section. 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.
(G)
Waiver Form. Application for a waiver must be on a form
prescribed by the City Manager or designee.
(H)
Supporting Documentation. The application must be accompanied
by photographs, maps, drawings, and other information, including a
written statement of the applicant.
(I)
Required Findings for Waiver. An application for a waiver
will be denied unless the City Manager or designee, 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 City
or its agent, all of the following:
(i)
That the waiver does not constitute a grant of special privilege
inconsistent with the limitations upon other residents and businesses;
(ii)
That because of special circumstances applicable to the property
or its use, the strict application of this Section would have a disproportionate
impact on the property or use that exceeds the impacts to residents
and businesses generally;
(iii)
That the authorizing of such waiver will not be of substantial
detriment to adjacent properties, and will not materially affect the
ability of the City to effectuate the purposes of this Section, and
will not be detrimental to the public interest; and
(iv)
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.
(b)
Cleaning. No person shall:
(1)
Use water to wash, clean or clear any sidewalks, streets, walkways,
patios, driveways, alleys or parking areas, whether paved or unpaved,
with a hose connected to a domestic potable water source. Exception:
pressure washing may be permitted in writing by the City Manager or
designee, consistent with the policies of this Chapter, with approved
equipment and if all wastewater is recovered for recycling, disposed
of in the sanitary sewer, or directed to landscaping. In no event
shall any water so used be permitted to run off into streets, alleys
or storm drains.
(2)
Wash or clean with water any vehicle, including, but not limited
to, any automobile, truck, van, bus, motorcycle, boat or trailer,
whether motorized or unmotorized, except by use of a hand-held bucket
or similar container or a hose equipped with a positive action quick
release shutoff valve or nozzle. This subsection shall not apply to
any commercial car washing facility which utilizes a recycling system
to capture or reuse water. In no event shall any water so used be
permitted to run off into streets, alleys or storm drains.
(c)
Water Features and Water Recreation Facilities. No person
shall:
(1)
Fill, for the first time, any water feature such as a fountain, pond,
lake or water display unless the water feature is constructed with
a water recycling system and, prior to the issuance of a building
permit, a fee is paid to the City Manager or designee equal to the
first year water consumption of the water feature as determined by
the City Manager or designee.
(2)
Fill, for the first time, any water recreation facility such as a
hot tub, spa, permanent swimming or wading pool unless the water recreation
facility is constructed, installed or equipped with a cover to reduce
water loss due to evaporation and, prior to the issuance of a building
permit, a fee is paid to the City Manager or designee equal to the
first year water consumption of the water recreation facility, as
determined by the City Manager or designee.
(d)
Waste, Ponding and Leaks. No person shall:
(1)
Cause, permit or allow water to leak from any exterior or interior
pipe, hose or plumbing fixture of any kind whatsoever.
(2)
Cause, permit or allow water to flow from any source on private or
public property into gutters, streets, alleys or storm drains except
as a result of rainfall or from a source approved in writing by the
City Manager or designee, consistent with the policies of this Chapter.
(3)
Cause, permit or allow water from any source to pond on private or
public property except as a result of rainfall or unless approved
in writing by the City Manager or designee, consistent with the policies
of this Chapter.
(4)
Cause, permit or allow water to flow from any source on private or
public property without beneficial use.
(e)
Eating and Drinking Establishments. All eating and drinking
establishments of any kind whatsoever, including, but not limited
to, any restaurant, hotel, café, cafeteria, bar or club, whether
public or private, shall only provide drinking water to any person
upon receipt of an express request.
(f)
Exceptions. The provisions of this Section are not applicable
to the uses of water which are necessary to protect public health
and safety or for essential governmental services, such as police,
fire and other similar emergency services.
(Prior code § 7241; added
by Ord. No. 1619CCS § 1, adopted 4/14/92; amended by Ord. No. 2266CCS § 2, adopted 6/10/08; Ord. No. 2479CCS § 1, adopted 1/27/15; Ord. No. 2706CCS § 1,
adopted 6/14/22)
(a)
The
City Council by resolution is authorized to require reductions in
the use of water if such reductions are necessary in order for the
City to comply with water use restrictions imposed by Federal, State
or regional water agencies or to respond to emergency water shortage
conditions.
(b)
The
City Council, by resolution, is authorized to declare a water shortage
advisory or water shortage emergency based on the actual or projected
shortage of available potable water supplies for domestic, sanitary
and public safety uses, and by resolution may adopt a Water Supply
Shortage Response Plan.
(c)
The
Water Supply Shortage Response Plan may set water use limitations
or allowances, impose administrative penalties for non-compliance
with the Plan's consumption and use limitation requirements, impose
late-charges, and provide for an adjustment process to tailor any
water use limitation or allowance. No person shall fail to comply
with the requirements set forth in the Water Supply Shortage Response
Plan.
(Prior code § 7242; added
by Ord. No. 1619CCS § 1, adopted 4/14/92; amended by Ord. No. 2266CCS § 3, adopted 6/10/08; Ord. No. 2479CCS § 2, adopted 1/27/15)
(b)
Exemptions. This Section does not apply to:
(2)
Repair, alteration, modification, addition to, or rehabilitation
of an existing structure that results in the net increase in the number
of any plumbing fixture(s) in an existing single-family residence,
or any repair, alteration, modification, new construction or rehabilitation
of an ADU, where the projected water demand is less than the water
conservation threshold in effect at the time of issuance of the building
permit.
(3)
Any new development application for a building permit filed on or
before November 27, 2018, that only result in a change of use of six
thousand square feet or less and/or an addition of one thousand five
hundred square feet or less. Instead, such new development projects
shall be required to pay the water demand mitigation fee in effect
as of November 27, 2018.
(c)
Definitions. The following definitions apply for purposes
of administering this Section:
(1)
One hundred percent affordable housing project. One hundred percent affordable Housing Project is defined in Section 9.52.020.0050.
(2)
Baseline water demand. Baseline water demand means the average potable
water use over the previous five years from the time the first application
for new development is filed. The most recent five-year average of
potable water use according to City records at the proposed development
site will be used; where no records exist only for new development
of a one hundred percent affordable housing project, the five-year
average potable water use of water customers in the same water customer
class (single-family, multi-family, mixed-use, commercial, industrial,
landscape, etc.) with the same meter size will be used.
(3)
Director. Director means the Director of the City's Public Works
Department or his or her designee
(4)
New development. For the purposes of implementing this Section, new
development means any of the following:
(A)
A new, enlarged, or relocated pool, spa, pond, or water feature;
(B)
A new, enlarged, or relocated irrigation system;
(C)
A new structure with any plumbing fixture(s);
(D)
A change in use that results in the addition of any number of plumbing
fixture(s);
(E)
Repair, alteration, modification, addition to, or rehabilitation
of an existing structure that results in the net increase in the number
of any plumbing fixture(s);
(5)
New water demand. New water demand means projected water demand (defined
below) for a proposed new development less baseline water demand (defined
above) at the proposed site. New water demand shall be determined
at the time of the City Building Official's acceptance of plan check
submission.
(6)
Plumbing fixture. A receptacle or device that is connected to a water
supply system or discharges to a drainage system or both.
(7)
Projected water demand. The total amount of projected potable water
demand for a proposed new development. The projected water demand
shall serve as the water use allowance for the proposed new development.
(d)
Water Offset Requirements.
(1)
No person shall be issued a temporary or final certificate of occupancy,
or a required permit, for any new development that is not exempt under
subsection (b) of this Section unless the new development offsets
all increases in new water demand as follows:
(A)
New water demand for any new development that constitutes either:
(i) a one hundred percent Affordable Housing Project, including individual
units and common spaces that support those units; or (ii) an accessory-dwelling
unit regulated under Section 9.31.300, shall be offset at a ratio
of 0.5:1.
(B)
New water demand for all other new development shall be offset at
a ratio of 1:1.
(2)
The water offsets required by this Section shall be achieved with
on-site water efficiency measures unless the Director determines that
such efficiency measures cannot be reasonably achieved on-site. In
the event that the Director determines that such efficiency measures
cannot be reasonably achieved on-site, the applicant for a permit
may satisfy the offset requirement by implementing such on-site water
efficiency measures as the Director determines can reasonably be achieved
on-site to accomplish the maximum possible portion of the water offsets
required by this Section and:
(A)
Payment of an in-lieu water offset fee in accordance with subsection
(j), below; and/or
(B)
Performing or undertaking to perform the offset requirements, in
whole or in part, at an off-site location within the City of Santa
Monica. The criteria for equivalent performance of the offset requirements
at an off-site location shall be approved in writing by the Director
prior to commencement of such work. All work performed or undertaken
to be performed by the applicant shall be subject to all laws and
regulations generally applicable to such work and shall be performed
at the applicant's sole risk and cost.
(3)
The owner or permit applicant shall submit sufficient documentation
as determined by the Director to demonstrate that the water offset
requirements in this Section have been or shall be achieved.
(e)
New Buyer or Tenant Notification. The owner or selling agent
of any new development that is subject to this Section shall provide
any buyer or tenant of the new development with the building record
informing the buyer or tenant that the new development is subject
to the Water Use Allowance established by this Section.
(f)
Verification of Water Offset Requirements. Neither a temporary
or final certificate of occupancy for a new development nor a final
approval for any permit required to comply with this Section shall
be issued until:
(g)
Implementing Regulations. The Director shall adopt written
administrative regulations or guidelines that are consistent with
and that further the terms and requirements set forth in this Section.
(h)
Penalties for Unauthorized Water Use. Failure to meet the utility account's Water Use Allowance during a billing period may result in a penalty established through the Water Supply Shortage Response Plan adopted in accordance with Section 7.16.030.
(i)
Administrative Fee. An administrative fee shall be assessed
and paid to the City by the permit applicant at the time of issuance
of the building permit. The administrative fee shall be imposed to
cover cost of administering and implementing the water offset requirements
of this Section and shall be set by City Council resolution.
(j)
In-Lieu Water Offset Fee.
(1)
The water offset requirements in this Section may be satisfied, in
whole or in part, by payment of a one time in-lieu water offset fee.
The fee shall be paid by the owner or permit applicant, as follows:
fifty percent shall be paid at the time of issuance of the building
permit and the remaining fifty percent shall be paid at the time of
the issuance of the temporary certificate of occupancy or certificate
of occupancy, whichever occurs first. For all other permits where
an issuance of the temporary certificate of occupancy or certificate
of occupancy is not required, one hundred percent of the fee shall
be paid by the owner or permit applicant before receiving final approval
from the City of Santa Monica.
(2)
Funds collected by the in-lieu water offset fee shall be deposited
into a dedicated fund used by the City to reduce new water demand
citywide.
(3)
Payment of the in-lieu offset fee, in combination with any implemented
water offsets, shall constitute full satisfaction of the water offset
requirements in this Section.
(4)
The in-lieu water offset fee shall be non-refundable.
(5)
The City's acceptance of the in-lieu water offset fee does not represent
or establish an obligation of the City to reduce new water demand
by any particular means.
(6)
The criteria for establishing the in-lieu water offset fee shall
be set by City Council resolution for implementation through the regulations
to be adopted by the Director pursuant to this Section.
(k)
Hardship.
(1)
The Director may exempt an owner or a building permit applicant from
the requirements of this Section, upon showing by the owner that the
requirements of this Section would cause undue hardship.
(2)
For purposes herein, an "undue hardship" shall be found where imposition
of the water offset requirements would deprive the owner of a development
site of all economically beneficial use of that site or otherwise
be prohibited by applicable State or Federal law.
(3)
An undue hardship application shall include all information necessary
for the Director to make a finding of undue hardship, including, but
not limited to, documentation showing the factual support for the
claimed undue hardship.
(4)
The Director may approve the undue hardship exemption application,
in whole or in part, with or without conditions.
(5)
Any exemption granted by the Director is effective immediately.
(Prior code § 7244; added
by Ord. No. 1619CCS § 1, adopted 4/14/92; amended by Ord. No. 2266CCS § 4, adopted 6/10/08; Ord. No. 2479CCS § 4, adopted 1/27/15; Ord. No. 2545CCS § 1,
adopted 5/23/17; Ord.
No. 2597CCS § 1, adopted 1/8/19)
(a)
Any person subject to a penalty pursuant to the Water Supply Shortage Response Plan (the "responsible party") may contest the penalty by filing an administrative appeal of the penalty, by completing an appeal form and returning it to the City, along with all supporting materials and an advance deposit of the fine or notice that a request for an advance deposit hardship waiver has been filed pursuant to Section 1.09.070, within thirty days from the date of service of the penalty notice. Mailing of a penalty notice, via United States mail, in a sealed envelope postage prepaid, addressed to the responsible party to be notified at his, her or its last known business or residence address as the same appears in the public records or other records pertaining to the matter to which such notice is directed, shall be deemed to have been completed at the time of deposit in the post office. No hearing or review shall be held unless the penalty has been deposited in advance or an advance deposit hardship waiver has been issued in accordance with Section 1.09.070.
(b)
The
appeal shall be based exclusively on written materials submitted to
the Hearing Officer, unless the Hearing Officer orders an in-person
hearing upon a finding of good cause. The responsible party may request
an in-person hearing based upon extraordinary circumstances, such
as a disability or a condition that necessitates an in-person hearing.
(c)
The
appeal may be conducted by any individual qualified by experience
or training to conduct the review, as designated by the City Manager.
In no event, however, shall the appeal be conducted by the person
who issued or who was directly involved in the issuance of the penalty.
The employment, performance evaluation, compensation and benefits
of the Hearing Officer shall not be directly or indirectly conditioned
upon the amount of penalties upheld by the Hearing Officer.
(d)
After
considering all of the evidence submitted, the Hearing Officer shall
issue a written decision to uphold or cancel the penalty and shall
list in the decision the reasons for that decision. The decision of
the Hearing Officer shall be issued within sixty days after the conclusion
of the hearing or the submission of all written materials if no hearing
is conducted. The Hearing Officer's decision shall be final, except
for judicial review as provided by law.
(Prior code § 7245; added
by Ord. No. 1619CCS § 1, adopted 4/14/92; amended by Ord. No. 2479CCS § 5, adopted 1/27/15)
(a)
Violation
of any provision of this Chapter, including any violation of the Water
Supply Shortage Response Plan, shall constitute an infraction punishable
by a fine not to exceed five hundred dollars but not less than two
hundred fifty dollars, or a misdemeanor, which shall be punishable
by a fine not exceeding five hundred dollars but not less than three
hundred dollars. Each day that a violation occurs shall constitute
a separate offense.
(b)
Any person who violates any provision of the Water Supply Shortage Response Plan shall be subject to administrative penalties as authorized by the Plan and by Section 7.16.030 of this Code.
(d)
Willful Misrepresentation. It shall constitute a misdemeanor
punishable by a fine not to exceed five hundred dollars but not less
than three hundred dollars or by imprisonment for a period not to
exceed six months or by both such fine and imprisonment, for any person
to knowingly misrepresent any material fact to any employee, agent
or representative of the City in any attempt or effort to circumvent
or otherwise diminish the effectiveness of any of the requirements
imposed by any part of this Chapter or the Water Supply Shortage Response
Plan.
(e)
A
violation of any provision of this Chapter is declared to be a public
nuisance and the City Attorney is authorized to abate such violation(s)
by means of a civil or criminal action.
(f)
The
City Manager, or designee, may order any person who violates any provision
of this Chapter, including any violation of the Water Supply Shortage
Response Plan, more than three times in any twelve-month period, to
obtain a water audit at his, her or its expense, performed by a licensed
engineer experienced in performing such audits, of the property that
is the subject of the violations and submit such audit reports to
the City. No person shall fail to comply with any such order by the
City.
(g)
Any
person who violates any provision of the Water Supply Shortage Response
Plan more than seven consecutive times may be subject to the following:
(1)
The Public Works Director, or designee, may install a flow reduction device to reduce the water flow into any property to the minimum necessary to meet basic health, safety and sanitary needs. Any such device may remain installed for not more than twelve months. The Director shall provide five days of advanced notice to the property owner, affected water customers and affected tenants, by posting a conspicuous notice at the affected property and by mailing the notice to the property owner, prior to the installation of such devices. The property owner, affected water customers or affected tenants may appeal any such decision pursuant to Chapter 6.16 of this Code.
(2)
The violator shall be liable for a civil penalty of up to ten thousand
dollars for each subsequent violation.
(h)
The
penalties and remedies established by the Chapter shall be cumulative.
(Prior code § 7246; added
by Ord. No. 1619CCS § 1, adopted 4/14/92; amended by Ord. No. 2266CCS § 5, adopted 6/10/08; Ord. No. 2479CCS § 6, adopted 1/27/15)
The City Council may, by resolution, establish fees for the
filing, processing or approval of any application, permit, variance,
or adjustment provided for under this Chapter.
(Prior code § 7249; added
by Ord. No. 1619CCS § 1, adopted 4/14/92; amended by Ord. No. 2479CCS § 9, adopted 1/27/15)
