SR-8-C (34)i
EPD:CP:SM
Council Meeting: January ~6, 1993
TO: Mayor and City Councz~
FROM: C~ty S~aff
~
E i r~~ ' _ j ~.~~.-
Santa Man~ca, California
SUBJECT: Request to Approve Ord~.nance Requiring ~nstallation af
Ultra Low Flush Plumbzng Fixtures and Other water
Conserving Devices Upon Purchase or Change of Ownershzp
af Propert~es
INTRdDUCT I OI~
This report requests that City C~uncil approve the attached
ard~nance requiring the ~nstallat~on of ultra low flush to~lets
fixtures and urinals, lnw flow shower heads, flow restricting
faucet aerator5 and ~hu~ off va~ves for reverse osmosis water
filtration systems in al~ r~sidential and co~unercial properties
upon purcha~e or charge of ownership
B~CKGR~JUND
On Ju1y 9, 1991, Cauncil direc~ed the City Attorney to draft an
ord~.nance requiring all residential propert~es to ~nstall 1.5
gailan per flush ultra lol~r flow fixtures and ur~nals, low flow
shawer heads, f~.ow-restr~cting aerators, and shut off valves for
reverse osmosis systems priar ta sale af the praperty. Ultra law
flush fixtures have be~n requared in all new construct~on and
certain categories of remodels in Santa Monica since 1988. A
°retrof~t-upon-sale" requ~rement w~ould sign~f~cantly increase
water sav~ngs from residential bui'dings because resale of
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. . , ;~va
ex~st~ng haus~ng ~n Santa Mon~ca accurs at a much higher rate than
neur home canstruction The Bay Saver Fixt~re Rebat~ Program would
prov~de financial incent~ve for the seller to comply with this
ard~nance.
Dzscvss~aN
The proposed ordinance ~~~ould requ~re that all bu~ldings, bath
residential and non-residential, retrafit plumb~ng fixtures upon
change in ownership. On April l, 1992, the Bay Saver Fixture
Rebate Program was expanded ~o include non-res~dent~al build~ngs.
Participants in the Cammercial Bay Saver Pragram receive a$75
rebate for every to~let rep~aced or retrofitted. Since the same
financial ~ncentives and assistance are now avaiiable to non-
residential property owners and business aumers/less~es, the
proposed ordinance has also been expanded to include non-
resid~ntial praperti~s. Low floEa shower heads and faucet aerators
are available to all customers free of charge from the Uti~iCies
and Environmenta~ Programs Divisions.
Sim~lar to the ~nitial concerns expressed about residential ultra
low flush "tank type" to~lets, cancerns about commerczal plumbing
fixtures (i.e., flushometer valv~ and bowl combinations) have also
been expressed. The Environmental Programs D~vision has completed
the ~nstallat~on af over 1500 commercial plumbing fixtures ~n all
publ~c fac~l~~~es, the Santa Monica Unified School D~strict, and
Santa Monica College. Complaznts from site managers af these
faci~i~ies have been minimal after 3nitial adjustments ~lere made,
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and performance has been reported to be as good ar better than the
previously-~nstalled 5 to 7 gallon per flush models. Po~ential
water sav~ngs from installat~on of ultra low flow commercial
fixtures are est~mated to be greater ~han residential savings
because of the higher "flush per fixture" factar. Stud~es are
currently underway to quantify thase estimate5.
Calculation of the potential water savings which wou~d be
generated ]ay this praposed ord~nance have been based on an
analys~s of the esti~ated water sa~ing effect of a State-<<ride
retrofit-upor_-sale or Exchange la~r recently prepared tor the
Cal~farnaa Urban T~Tater Canservation Council. The following
factor~ were analyzed to calculate the net annual sav~ngs:
housing turnover rate, natural to~let replacement rate {due to
damage or malfunction), and the existing mix of to~lets. Over a
ten year time frame, the net annua~ sav~ngs for the entire
M~tropolYtan T~~ater District serv~ce area wauld range from 20,000
~o 10a,000 acre feet of u~ater savings per year. An acre foot of
~rater is ena~gh to supply two familles af faur people for one
year.
PotenCial water savings from th~s proposed ordinance for the City
of San~a P~anica are outlined in ~xhzb~t 2. After 1Q years of
implementation, appxoximately 75 p~rc~nt of single family homes
and 7Q percer.t of m~Iti-family dTrrell~ngs would b~ retrofitted w~th
u~ater-sav~ng plumb~ng fixtures, thereby saving a total of b61,424
gallons per ~ay. This represents savings which are in addit~on to
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the sav~ngs that will result from the City's Bay Saver F~xture
RebaCe Program. r7an-residentzal water savings wauld tatal an
additional 267,219 gallons per day. Overall water savings from
all customer groups would therefore total over 900,~OD gal~ons per
day. Total waste water fla~= reductians stemm~ng fram the proposed
o~dinance would equal the total water savings.
Enforcement and administration of this proposed ordinance wil~ be
the r~spans~bil~ty of the Environmental Programs Division and wil~
use currently budgeted staff and supply and expense line items.
Property o~rners participating in the Bay Saver Program are already
~nspect~d for compliance thraugh the exis~ing post-installation
~nspection proce~s. A"Certificate of Complaance" will be issued
ta all Bay Saver participants upon request. Those property oumers
who comply with the propos~d ordinance wzthout participating in
the Bay Saver Program taould cantact the Environmental Programs
Division to arrange an inspection. It is curr~ntly pro7ected ~hat
the maximum rnamb~r of inspections GkThich will be required from the
Env~ronmental Pragrams D~vision staff for customers not choosing
to participate in the Bay Saver Prcgram =~rill total approximately
75 separate lacatzons casth approximate~y 380 toilet fixtures
during the f~rst year of the ord~nance. The ozd~nance includes a
provis~an to establish an administrative fee for inspect~on and
issuance af the C~rtificate of Compliance At this time, due to
the continuing Bay Saver program efforts, ~t is not proposed ~hat
this ~ee opt-an be exercised by Council. A copy of al~
cert~ficates issued w~ll rema=n o~ f31e ~~~h the City. It T~l~ll be
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the responsibility of the seller ~o provide the Certi~icate of
Compl~ance ta the Escrow company representing the praspect~ve
buyer priar ta transfEr of title.
The proposed ardinance func~ions as a cond~tion of Che escro:a
process and therefore exempts properties in foreclosure or
probate. The ordinance places respons~bility for compl~ance with
the property owner. Neither the escrow eompany nor the realtor
representing either the praspect~ve buyer or seller will bear any
liability far non-compliancE ~rith this ord~nance, exeept ~n cases
of false c~rtification.
Staff has solic~ted public camment and revze4a by distributing
copies of this report and the accompanying proposed ordinances ~o
the Chamber o~ Cammerce, local plumbing suppl~ers, 15 realtors,
the Santa Manica Board of Realtors, and members of th~ Task Force
on the Enviranmen~. Ca~nment has s~milarly been soliczted fram
City department heads and s~aff. As this proposed ordinance may
serve as a model for otr.er water agencies ~n Cal~fornza, cop~~s
have also been sent to the Department of `~ater Resources, the
Metropolitan 'nTater D~strict of Southern California, and the
Califarnia Urban Tr~ater Conservation Council. A response received
from ~he Santa Mon~ca Board of Realtors ob~ec~s to ~h~ ~ack of an
alternative option, such as displacemen~ bags, to the replacement
of to~let~. Metrapolitan '~~at~r ~istrict staff have off~cially
expressed their support of the praposed ard~nance.
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Once the proposed ordinance rece3ves f~nal approval from Council,
s~aff uJill undertake an extenszve outreach and public education
effort targeted at all property oT~mers, home oumer assoc~ations,
realto~s, banks, escrow companies, moxtgage eompanies, TORCA
applicants, property manag~ment campanies, and bu~lding
contractors. The campaign ta~ll use ut~lity biil inse~ts, direct
mail~ngs, and publ~c notices in general publ~c and industry-
spec~f~c publicataons. Informational brochures will be availab~e
a~ all permit counters in City Hal1. It is propased that the
ef~ectiv~ date of the retrofit-on-sale ordinance be May 1, 1993.
BUDGET/FISCAL IMPACT
It is estimated that the annual net fiscal impact fram the
propased ord~nance w~ll amour:t to less than $15,000 to the
wastewater Fund and less than $5,00o to the tivTater Fund when both
reduced revenues and expendatures are taken ~nto account. These
amounts are not significant. The cost of outreach and publi~
educataon efforts assoc~ated with this ordinanc~ w~ll be paid for
thraugh currently budgeted f~nds.
R~COMMENDAT~ONS
It is recommended that Council adop~ the proposed ordinanc~
requir~ng znstallat~on of ultra low flush pZumbing fixtures and
other water canserv~ng devices upon purchase or change of
ow~nersh~p .
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Prepar~d by: Craig P~rkins, Env~ronmental Pragrams Manager
Susan Munves, Conservat~on Coardznator
At~achments:
Exhibit I- Potential Water Sav~ngs from Single Fam~ly and
Mul~i-Family Ketrofits
Exhibit II - Potential v~~ater Savings from Non-residential
ReCrof~ts
Exhibit III - Pr4posed Retrofit-on-Sale Ordinance
Exhibit I
Poten~ial Wa~ter Savings from Retro-on~Sale ardinance
Single Famify Savings from Retra-or~-Sale Ordinance
Year Unretrofitted
Housin Stock 1 Natural
Retrofit5 2 Housing
7urno~er 3 Total Toilets
Re~trofitted Qaily Water
Savin (in allons 4 Daily Cumulative
Savin (in allons)
1 4 000 120 200 b91 19,354 19,354
2 3 640 109 182 629 17 612 36 965
3 3 312 99 166 572 16,027 52,992
4 3 Q14 90 151 521 14,584 67 576
5 2,743 82 137 474 13,272 80 848
b 2 49b 75 125 431 l 2 077 92 925
7 2,271 68 114 393 10,990 1 q3 916
8 2,067 62 103 357 1 D 001 113 917
9 1,881 56 94 325 9,101 123 01$
l0 1,712 51 86 29b 8,282 13130Q
Mulfi-~amity Savings from Retro-on-5ale Ordinance
Year Unretro~tted
Housin Stock 1 Natural
Retrofits 2 Housing
Turnover 3 Totai Toilels
Retro~tted Daily Water
Sa~in (in allons) 4 Dai1y Cumulative
Sa~in (in allons)
1 22,700 681 581 l,b34 71 914 71,914
2 21,111 b33 633 1,52D 66,880 138,793
3 19,633 589 589 1,414 62,198 20Q,991
4 18 259 5~8 548 1,315 57 844 258,836
5 16,981 S09 509 1,223 53 795 312,b31
b 15 792 474 474 1,137 50,Q29 3b2,b60
7 14 687 441 441 1 057 46,527 4Q9 187
8 13 659 410 410 983 43,270 452,458
9 12,7Q3 381 3$1 915 40,242 492 700
10 11,813 354 354 851 37,425 530 124
1 Unretrof~tted housmg stock represent number of homes rema~n~ng that have not ~nstalled 1 6 gallon per r7ush
ultra low ~low toalets Includes impact of Bay Sa~er program Annual reduction in unretrofitted housing stock is
due to natural retrofits plus housing turnover plus an as5umed 1% demolition/replacement rate
2 Natural retrofrts represents fcxtures that wauld be repla~ed through malr'unctian or age. In Santa Monrca,
a 3°/o replacement rate was assumed
3 HousEng turnover is the number of propert~es sold each year A 5% annual turnover rate is assumed for
single famrly and a 3°~a annual turnover rate i5 assumed for multi-Tamily propert~es
4 The mean sa~~ngs per ulf to~let in 5ingie fam~fy homes ~s 28 gallons per day. The mean sav~ngs per u4f to~let
~n multi-family units is 44 gallons p2r day 5a~ings assumpt~ons are based on a study by A&N 1"echn~cal
5ervices which evafuated Santa Monjca's and DWP's rebate programs (comm~ss~onecf by MWD)
Exhi~it II
No~-residential Sa~ings from Retro-on-Sale Ordinance
Year Unretrofitted Natural Turno~er 3 Tntal Toilets Dail Water Dail Cumulati~e
Toile~s 1 Retrofrfs 2 Retrofitted Savin {in Ilons) 4 Savin {in allons)
1 16 700 501 668 1,169 51,436 51,436
2 1~,Q22 331 441 772 33,94$ 85 384
3 10,030 301 401 702 3~,892 11b,276
4 9,127 274 365 b39 28,112 144,388
5 8,306 249 332 581 25 5$2 169,970
6 7,558 227 302 529 23 280 193,250
7 6,87$ 206 275 481 21 l84 214,435
8 6,259 18$ 250 438 19 278 233,712
4 5,b96 171 228 399 17 543 251,255
10 5,1 83 155 207 363 ~ 5 964 267,219
1 Unretrofitted nan-residential properties represent number of properties remain~ng that have not
instalied 1 6 gallon per flusM ultra low flow todets Includes impact of Bay Saver Fixture Rebate
Program. (2,088 retrofits in year one, 2,a88 retrafits m year two) Annual reduction in ,
unretrofitted propert~es ~s due to natural retrofits plus hausmg turnover plus an assumed 2%
demolition/replacernent rate
2 Natura! retro#jts represents fixtures that would be replaced through ma~~unction or age In Santa
Monica, a 3% replacement rate is assurr~ed
3 Turnover is the number of properties sold each year A 4% annual turnover rate ~s assumed.
4 The mean sa~ings per to~let is assumed to be 44 gallons per day.
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Exhibit III
CA:JLP:water4.1\wp5.~
City Council Meeting 1-26-93 Santa Monica, California
ORDINANCE NiTMBER
{City Council Series)
AN ORDINANC~ OF' THE CITY COUNCIL OF
THE CITY OF SANTA MONICA ADDING SECTION 7.16.140
THROUGH SECTION 7.15.230 TO CHAPTER 7.16 OF
ARTICLE VII OF THE SANTA MONICA MUNICIPAL CODE TO
ESTABLISH WATER CONSERVATION PLUMBIPTG STANDARDS
UPON CHANGE OF PROPERTY OWNERSHIP
THE CITY COUNCIL OF THE CITY OF SANTA MONICA D4ES ORDAIN AS
FOLLQWS:
SECTION I. Chapter 7.16 of Article VII of the Santa Monica
Municipal Code is amended ta read as fO~lOWS:
SECTION 7.16.140. Findinqs. The City
Council finds and declares:
(a) Water is a precious natural
resource that must be used judiciously in
order to ensure the continued environmental
and economic viability of the State af
Califarnia.
(b) The City of Santa Monica is
concernad abaut the impact of unrestrained
urban wat~r demands on environmentally
sensitive areas of California.
(c) Retrafitting plumbing fixtures
pravides the most cost effective means of
increasing the City's available water supply.
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(d) Uncontrolled future increases
in the amount of wastewater entering the
City's Hyperion Sewage Treatment System could
overload the system, resulting in reduced
treatment quality, pollution af the Santa
Manica Bay, degradation of the beaches, and
severe damage to the Hyperion System.
(e) Reasonable measures to reduce
water use will significantly reduce the
amount of wastewater entering the Hyperion
system, thereby safeguarding the Santa Monica
Bay and ensuring the long-term viabi~ity of
the Hyperion system.
(f) An effective and efficient
Hyperion Treatment System is necessary for
the heaith, safety and walfare of the
citizens of the City of Santa Monica and
adjoining communities.
SECTION 7.16.150, Purpose. The
purpose of this Ordinance is to reduce
wastewater flows and decrease the use o~
potable water in the City of Santa Monica hy
establishing water conservation plumbing
standards which would be required upan Change
of ~wnership.
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(c) Esisting Structure. A structure
currently a~ailable for use ar occupancy
which is equipped with one or more "Existing
Plumbing Fixtures."
(d) Purchase or Chanqe o~ D~nershig. A
purchase or change in ownership of real
praperty, includes any purchase ar change in
ownership, except as follows:
(1) The purchase or transfer of
real proper~y between spouses, including, but
not limited to tran~~ers to a trustee for the
beneficial use of a spouse, or the surviving
spouse vf a deceased transferor, or by a
trustee af such a trust to the spouse o~ the
trustar; transfers to a spouse which take
effect upon the death af a spouse; transfers
to a spouse or former spouse in cannectian
with a prop~rty settlement agreement or
decree of dissolutian af a marriage or legal
separation; tha creatian, transfer, or
termination, solely between spouses, of any
co-owner's interest; and the distribution of
a lega2 entity's property to a spouse or
former spause in exchange for the interest of
the spouse in the legal entity in connection
with a property settlement agreement or a
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decree of d~ssolution of a marriage or legal
separation.
{2) The purchase or transfer vf
real property between parents and their
children (as defined by Probate Code Section
26), includ~ng both voluntary transfers and
transfers resulting from a caurt order or
judicial decree.
(3) The purchase ar transfer of
real property pursuant to foreclosure
proceedings under Civil Cade Sections 2924 et
seq. or Code of Civil Procedure Sectians 725a
et seq.
(~) Retrofit or Retrafi~tinq.
Replacement of Existing "Plumbing Fixtures"
with "Water Conserving Plumbing Fixturas."
(f) ~fater Conservation Certificate. A
form provided by the City verifying that
installation of "Water Conserving Plumbing
Fixtures" has been caYnpleted.
(g) Water Caaserviaq Pl+~~hinq Fixtures.
Any toilet using a maximum of 1.6 galions of
water per flush, urinals that use a maximum
of 1.0 gallon of water per flush, showerheads
with a~aximum flow capacity of 2.5 gallons
of water per minute, faucets that emit a
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maximum af 2.2 gallons of water per minute,
and shuto~f valves for residential reverse
osmosis systems.
SECTION 7.16.180. Retrofit Requirement
Upon Purchase ar Chanqe af 4wnership. No
existing structure shall be sold or
transferred unless aIl existing plumbing
fixtures in the structure are r~trofitted
exclusively with Water Canserving Plumbing
Fixtures. Compliance with this Section shall
be included as a cond~tion of escrow.
SECTION 7.16.190. Exemption frcm
Retrofit Req~irement. The Environmental
Programs Division may grant an exemptian from
this Ordinance only in the following
instances:
(a} Unavailability af Water Conserving
Plumlaing Fixtures to match a well-defined
historic architectural styie (e.g.,
Victorian, Mission), fitted with authentic
plumbing fixtures, in a lacal, state or
federally designated building of historic
significance.
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(b) When the Director of the General
Services Department finds that the existing
sewer grades are insufficient or incampatible
with the ultra-law flush toilet grade
specifications (i.e., areas where sewer lines
have a re~atively flat grade).
SECTI4N 7.16.200. Verification vf
Compliance.
(a) Upon retrofitting with Water
Conserving Plumbing Fixtures, the transferor,
prior to a Change of Ownership, shall contact
the Environmental Progra~s Division to
request a Water Conservation Certificate.
(b} Water Conservation Certificates
shall be issued upan ~erification of
participation in the Bay Saver Fixture
Retrofit Program, upon presentation of
satisfactory documentation of installation of
Water Canserving Plumbing Fixtures, or upon
physical inspection of the building for which
a Certificate is requested.
(c) Water Conservatian Certificates
shall be maintained by the Enviranmental
Programs Division in order ta provide future
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verification that Water Cons~rving Plumbing
Fixtures have been installed.
SECTIDN 7.1b.214. Re~ationship to Bay
8aver Fi~ture Re~rofit Proqram. Nothing in
this Ordinance shall preclude a transferor,
transferee~ or title holder from
participating in the Bay Saver Fixture
Retrafit Program.
SECTION 7.16.220. Penalties for
Yiolation and Eaforcement.
(a) It is unlawful for any person,
firm, partnership, assaciation or
corporation, to ~iolate, to cause, or to
maintain a vialatian of this Ordinance.
(b) It is unlawful for any person,
firm, partnership, association or corporation
ta remove, or to cause the removal of Water
Conserving Plumbing Fixtures cantrary to the
prflvisions af this Ordinance.
(c} in addition ta any other remedy
provided by the Santa Manica Municipal Code,
any provision of this Ordinance may be
enforced by injunction issued by the Superior
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Court upan a suit brought by the City of
Santa Monica.
(d) In additian to any other remedy
provided by the Santa Monica Municipal Cade,
any provisian af this Ordinance may be
enforced by an administrative arder issued
pursuant to any one of the administrative
processes set forth in the Santa Monica
Municipal Code.
(e) No liability shall arise, nor sha~l
any action be bro~ght or maintained against,
any agent of any party to a transfer af
title, including any person or entity acting
in the capacity of an escrow officer, for any
errar, inaccuracy, or omission relating to
campliance with this Ordinance. However,
this Section daes nat apply ta a licensee, as
defined in Section ~0011 of ~he Califarnia
Business and Professions Code, where the
licensee participates in the making of the
certification required to be made pursuant to
this Ordinance with actual knowledge of the
falsity of the certification. Except as
otherwise provided in this Ordinance, this
Section shall not be deemed to create ar
imply a duty upon a licensee, as defined in
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Section 14011 af the California Bus~ness and
Professions Code, or upon any agent of any
party to a~ransfer of title, including any
person or entity acting in the capacity of an
escrow officer, to monitor or ensure
compliance with this Ordinance, or to notify
any person of requirements to comply with
this Ordinance.
(f) Every person, firm, partnership,
associa~ion or corparatian that vio~ates,
causes or maintains a violation of any
provision in this Ordinance is guzlty of an
m'lsdeameanor and is subject to the penalties
imposed by the Santa Monica Municipal Code.
(g) The Environment~l Programs Division
is autharized and empowered to enforce the
provisions of ~his Section.
SECTION 7.16.230. Effective Date. This
Ordinance shail take effect on May 1, 1993,
and applies to any escrow opened on or after
April 15, 1993.
SECTION 2. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
Ordinance, ta the extent of such incansistencies and no further,
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are hereby repealed or modified to that extent necessary to
affect the provisions of this Ordinance.
SECTIDN 3. If any sectian, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be ~nvalid or
unconstituti~nal by a decision of any court a~ any competent
jurisdiction, such decision shall not affect the validity of the
ramaining portions of this Ordinance. ThE City CounCii hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, c~ause, or phras~ not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would ba subsequently declared
invalid or unconstitutional.
SECTION 4. Th~ 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 on May 1, 1993.
APPRdVED AS TQ FORM:
_?~ -~ ~
J SEP LAG+~RENCE
A ting City Attorney
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