O2266City Council Meeting: June 10, 2008 Santa Monica, California
ORDINANCE NUMBER 2266 (ccs>
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SECTIONS OF CHAPTER 7.16 OF THE SANTA
MONICA MUNICIPAL CODE RELATED TO WATER CONSERVATION
WHEREAS, the City of Santa Monica receives on average less than 15 inches of
rainfall annually and in some years rainfall can be as little as 3 inches; and
WHEREAS, in recent years the City of Santa Monica has relied almost
exclusively on water imported from northern California or from the Colorado River to
meet its water needs; and
WHEREAS, conservation of water is critically important if the City of Santa
Monica is to sustain itself, survive drought as well as emergencies and natural
disasters; and
WHEREAS, inefficient irrigation devices and watering practices, particularly
related to maintenance of landscapes, result in the waste of ever scarcer water
resources; and
WHEREAS, California Water Code Sections 350 through 359 authorize the
declaration of a water shortage emergency and allows for the enactment of a water
shortage plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 7.16.010 of Santa Monica Municipal Code Chapter 7.16 is
hereby amended to read as follows:
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7.16.010 Findings.
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 withih
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 vvill 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 3,000 customers, or supplying.
more than 3,000 acre feet of water annually, to develop an Urban Water Shortage
Contingency Plan.
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(f) The City of Santa Monica is an urban water supplier providing
water directly to more than 17,000 customers.
SECTION 2. Section 7.16.020 of Santa Monica Municipal Code Chapter 7.16 is
hereby amended to read as follows:
7.16.020 Water conservation requirements.
The following water conservation requirements shall apply to all persons
within the City of Santa Monica:
(a) Landscape
(1) Watering Hours.. No lawn or landscape area shall be spray
irrigated between the hours of ten a.m. and four. p.m. on any day. .This subsection shall
not apply to any drip irrigation system approved by the Director of Environmental and
Public Works Management (EPWM) or unless the Director of EPWM approves in writing
an exemption for irrigation system maintenance, leak repair or new planting of Pow water
usage plants or if reclaimed water is utilized as permitted by law.
(2) Irrigation Overspray & 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.
(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 water source. Exception: Pressure washing may be permitted
in writing by the Director of EPWM with approved equipment and if all wastewater is
recovered for recycling, disposed of in the sanitary sewer, or directed to landscaping.
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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 Director of
EPWM equal to the first year water consumption of the water feature as determined by
the Director of EPWM.
(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 Director of EPWM
equal to the first year water consumption of the water recreation facility, as determined
by the Director: of EPWM.
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(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 Director of EPWM.
(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 Director
of EPWM.
(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, cafe, 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.
SECTION 3. Section 7.16.030 of Santa Monica Municipal Code Chapter 7.16 is
hereby amended to read as follows:
7.16.030 Water consumption limits.
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(a) Effective April 1, 1992, the water consumption limits imposed by
Section 7242 of Ordinances 1571CCS and 1616CCS shall no longer be enforced and
shall be suspended.
(b) The City Council by resolution is authorized to require or reimpose
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.
(c) 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.
SECTION 4. Section. 7.16.050 of Santa Monica Municipal Code Chapter 7.16 is
hereby amended to read as follows:
7.16.050 Water consumption limits and fees for new development.
Effective April 1, 1992, no person shall be issued a building permit for any
development project unless:
(a) The development will not affect or alter any plumbing fixture; or
(b) The development involves a single family residence and is not a
substantial remodel as defined in Santa Monica Municipal Code. Section 9.04.02.030
and will not increase by more- than fifty percent the square footage of the principal
building; or
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(c) The development involves amulti-family residence and is not a
substantial remodel as defined in Santa Monica Municipal Code Section 9.04.02.030
and will not increase the number of dwelling units on the property; or
(d) The person pays in advance a fee to the of EPWM sufficient to
mitigate the estimated daily water consumption rate projected for the development,
except that any person requesting a building permit for any low and moderate income
housing development shall be required to pay a fee sufficient to mitigate only the
estimated net increase in daily water consumption rate projected for the development.
The City Council shall by resolution establish or amend any fee permitted by this
Section.
SECTION 5. Section 7.16.070 of Santa Monica Municipal Code Chapter 7.16 is
hereby amended to read as follows:
7.16.070 Penalties and remedies.
(a) The violation of this Chapter shall constitute an infraction
punishable by a fine not to exceed the amount sef by this. Code. Each day tha# a
violation occurs shall constitute a separate offense.
(b) In addition to any other surcharge or penalty as may be provided
for in this Chapter or Code, any customer who fails to comply with- any provision of
Section 7:16.020 may be assessed a surcharge of twenty dollars or twenty percent of
the customer's total water bill for the most recent billing period, whichever is greater.
(c) Pursuant to Penal Code Section 836.5, the Conservation
Coordinator or Water Resources Specialists may arrest without a warrant any person
whenever the Coordinator or Inspector has reasonable cause to believe that the person
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to be arrested has committed an infraction in his or her presence which is a violation of
this Chapter. In any case in which a person is arrested pursuant to this Section, and the
person arrested does not demand to be taken before a magistrate, the Conservation
Coordinator or Water Resources Specialists shall prepare a written notice to appear and
shall release the arrested person on his or her promise to appear as provided for in
Section 3.36.070 of this Code.
(d) Wilful Misrepresentation. It shall constitute a misdemeanor
punishable. by a fine not to exceed five hundred dollars or by imprisonment for a period
not to exceed. six months or both, 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.
(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 action.
(f) The penalties and remedies established by the Chapter shall be
cumulative.
SECTION 6. Section 7.16.080 of Santa.Monica Municipal Code Chapter 7.16 is
hereby amended to read as follows:
7.16.080 Relief from compliance.
The Director of EPWM or his or her designated representatives may, in
writing, grant variances to persons who apply in writing on forms supplied by the City
for:
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(a) Usages of water prohibited by Section 7.16.020 if it is found that a
variance is necessary to prevent an emergency condition relating to health and safety,
and if the person seeking a variance has demonstrated that he or she has implemented
water conservation measures in some other manner that achieves the objectives of this
Chapter. No variance may be granted for the filling of any fountain, pond, lake, display,
hot tub, spa or permanent swimming or wading pool, unless the filling occurs as the
result of performing necessary leak repairs and unless the other provisions of this
Section are met.
(b) Any customer who has been assessed a surcharge pursuant to this
Chapter may request a variance pursuant to subsection (a) of this Section but must first
pay in full the amount of any unpaid bill, less the disputed surcharge amount, prior to
filing a variance application. The request for a variance must be filed within the time
period established by Section 6.16.030. If the variance application is denied in whole or
in part the customer shall be assessed the applicable surcharge.
(c) No variance shall be granted to any customer unless the customer
has demonstrated that he or she has already achieved the maximum practical reduction
in water consumption as can be achieved by the affected property or business. Any
variance granted shall be based upon the water consumption rates of similar water
users, properties or businesses.
(d) Any person denied a variance in whole or in part may appeal the
denial to athree-person variance review board established by the City Manager. Any
such appeal shall be made in writing within ten days of the denial on a form supplied by
the City and shall be accompanied by the payment of any applicable fee. The variance
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review board may approve, modify or deny any variance request and may uphold,
modify or nullify any surcharge. The decision of the variance review board shall be final
except for judicial review in accordance with the provisions of Section 7.16..060 of this
Chapter and shall not be appealable to the City Council. The variance appeal board
shall establish procedures for the processing and consideration of appeals.
SECTION 7. Section 7.16.090 of Santa Monica Municipal Code Chapter 7.16 is
hereby amended to read as follows:
7.16.090 City of Santa Monica voluntary water conservation plan.
In addition to the water conservation requirements established by this
Chapter, the City Manager or his or her designate is authorized to develop and
promulgate a voluntary water conservation plan which shall be directed to achieve at
least a twenty percent reduction in water consumption"from 2000 levels within the City
of Santa Monica.
SECTION 8: The Council finds that the adoption of this ordinance is exempt from
the provisions of the California Environmental Quality Act pursuant to CEQA
Guidelines Section 15061(b)(3).
SECTION 9. Any. provision of the Santa Monica Municipal Code or appendices
thereto- inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further; is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 10. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
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remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 11. The Mayor shall sign and the City Clerk shall, attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
AS TO FORM:
City
JOpd'Ea5 MOUXRIE
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Approved and adopted this 10th day of JunE
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2266 (CCS) had its introduction on May 27th, 2008, and was
adopted at the Santa Monica City Council meeting held on June 10th, 2008, by the
following vote:
Ayes: Council members: Genser, Holbrook, McKeown, O'Connor, Shriver
Mayor Katz
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Mayor Pro Tem Bloom
A summary of Ordinance No. 2266 (CCS) was duly published pursuant to California
Government Code Section 40806.
ATTEST:
~~..... s,.~
Maria Stewart, C ty Clerk