[1]
For statutory provisions authorizing city water conservation programs, see Water Code § 1009. Prior legislation: Ords. 77-8, 77-13, 84-2, 85-1, 85-13, 87-11 and 87-14.
It is the purpose and intent of this chapter to control unnecessary consumption of the available water supplies on the Monterey Peninsula as affected by consumption in the City, by requiring the use of water-saving devices in the construction of improvements.
(Ord. 89-29 § 1, 1989; Code 1975 § 1143.0)
A. 
The following standards are established to achieve water conservation:
1. 
Fixture flow rates shall comply with the requirements of the most recent edition of the California Green Building Standards Code.
2. 
All ornamental fountains, permanent swimming or wading pools and similar structures shall employ recirculation systems.
3. 
All hot water pipes shall be insulated.
B. 
Applicability of Standards. The following regulations shall establish the circumstances in which the water conservation plumbing standards shall apply:
1. 
All newly constructed buildings in all land use districts shall comply with all standards set forth in subsection (A) of this section.
2. 
Construction activity involving remodels, additions or reconstruction wherein the total floor area in a building is increased by 25 percent or more shall require the entire building to be retrofitted to meet standards 1, 2, and 3 as set forth in subsection (A) of this section. This provision shall not be applied to result in a retrofitting cost that would exceed 25 percent of the value of the estimated construction cost.
3. 
Other provisions of this code, including those in Chapter 17.08 CMC, may also establish requirements for the retrofitting of existing fixtures in order to achieve water conservation.
4. 
The City shall cooperate in the implementation of adopted retrofit programs of the Monterey Peninsula Water Management District in District Ordinance 30.
C. 
Exemptions. The Building Official may authorize exemptions from the requirements of this chapter under the following circumstances:
1. 
The adopted requirements of another governmental agency with jurisdictional authority over the City mandates the use of equipment prohibited by this chapter.
2. 
The strict adherence to the requirements of this chapter would interfere with the maintenance of the health, safety or sanitation protections provided to similar buildings or uses.
3. 
Equipment needed to comply with this chapter cannot be obtained and waiting to obtain it would cause unreasonable delay in construction. Exemptions granted under this provision shall be temporary and the equipment needed to comply with this chapter shall be installed when it becomes available.
4. 
An otherwise legal business would be prevented from operating in a manner necessary and reasonable to accomplish its purpose.
5. 
The plumbing fixtures on a property have been previously retrofitted to comply with Ordinances 84-2 or 85-1. In order to qualify under this exemption, applicants must provide documentation such as plumbing permits or similar evidence that appropriate fixtures were replaced between February, 1984, and June, 1987.
(Ord. 89-29 § 1, 1989; Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 2020-01 § 1, 2020; Code 1975 § 1143.1)
The City Council may grant permits authorizing variance from the prohibitions of CMC § 15.28.020, subject to reasonable conditions which it may impose, under any one of the following conditions, provided financial hardship alone shall not constitute grounds for a variance:
A. 
Another governmental entity requires use of equipment or procedures otherwise prohibited;
B. 
Strict adherence to the prohibitions would be detrimental to the health or safety of the applicant;
C. 
Equipment needed in order to comply with the prohibitions cannot be obtained and waiting to obtain it would cause an unreasonable delay in construction. Should this variance be allowed, the unavailable equipment shall be installed when it becomes available;
D. 
An otherwise legal business would be prevented from operating in a manner necessary and reasonable to accomplish its purpose.
(Ord. 89-29 § 1, 1989; Code 1975 § 1143.2)
This chapter does not apply to fire hydrants, fire mains, or sprinkler lines for fire protection purposes.
(Ord. 89-29 § 1, 1989; Ord. 92-24, 1992; Code 1975 § 1143.3)