Chapter 7.16 WATER CONSERVATION

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.

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.

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.

A water shortage response plan is essential to effectively and equitably manage limited water resources during a water shortage emergency.

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.

§ 7.16.020 Water conservation requirements.

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)

Landscape.

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.

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.

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.

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.

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.

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.

Cleaning. No person shall:

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.

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.

Water Features and Water Recreation Facilities. No person shall:

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.

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.

Waste, Ponding and Leaks. No person shall:

Cause, permit or allow water to leak from any exterior or interior pipe, hose or plumbing fixture of any kind whatsoever.

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.

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.

Cause, permit or allow water to flow from any source on private or public property without beneficial use.

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.

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)

§ 7.16.030 Water consumption limits.

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.

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.

§ 7.16.050 Water consumption limits and in-lieu fees for new development.

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)

Applicability. Except as provided in subsection (b), below, this Section applies to:

Approval of a building permit for new development, occurring on or after November 27, 2018.

Exemptions. This Section does not apply to:

New development that does not require a permit under Section 8.08.050;

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.

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.

Definitions. The following definitions apply for purposes of administering this Section:

One hundred percent affordable housing project. One hundred percent affordable Housing Project is defined in Section 9.52.020.0050.

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.

Director. Director means the Director of the City's Public Works Department or his or her designee

New development. For the purposes of implementing this Section, new development means any of the following:

A new, enlarged, or relocated pool, spa, pond, or water feature;

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);

(F)

Repair, alteration, modification, addition to, or rehabilitation of an existing structure with any plumbing fixture(s), where a demolition will occur in accordance with Section 9.25.030 or any successor thereto.

(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.

(8)

Water use allowance. The Water Use Allowance (WUA) established by the Water Supply Shortage Response Plan adopted in accordance with Section 7.16.030.

(9)

Water conservation threshold. The lowest level that the Water Use Allowance can be set for a residential water customer as calculated in the Water Shortage Response Plan adopted in accordance with Section 7.16.030.

Water Offset Requirements.

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:

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.

New water demand for all other new development shall be offset at a ratio of 1:1.

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:

Payment of an in-lieu water offset fee in accordance with subsection (j), below; and/or

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.

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.

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.

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:

The on-site or off-site water offset provisions approved by the Director have been installed and demonstrated to be operational; and/or

The owner or permit applicant has paid the in-lieu water offset fee in accordance with subsection (j).

(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.

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.

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.

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.

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.

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.

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.

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.

§ 7.16.060 Water Supply Shortage Response Plan violation appeals.

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)

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.

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.

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.

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)

§ 7.16.070 Penalties and remedies.

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.

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.

Unless otherwise stated, any person who violates any provision of this Chapter shall be subject to administrative fines and administrative penalties pursuant to Chapter 1.09 and Chapter 1.10 of this Code.

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.

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.

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:

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.