SR-080527-7E~®
~;,yo, City Council Report
Santa Monica
City Council Meeting: May 27, 2008
Agenda Item: ~ ~.
To: Mayor and City Council
From: Joan Akins, Acting Director -Environmental and Public Works
Management
Subject: Ordinance Modifying Santa Monica Municipal Code (SMMC) Chapter 7.16
to Update and Amend Water Conservation Requirements.
Recommended Action
Staff recommends that the City Council introduce for first reading an ordinance
modifying Santa Monica Municipal Code Chapter 7.16 to update and amend water
conservation requirements.
Executive Summary
The attached ordinance amends and modifies the Water Conservation Ordinance,
Chapter 7.16 of the SMMC. The proposed ordinance does the following:
1. Gives the City Council the authority to determine and declare a water supply
shortage.
2. Gives the City Council the authority to adopt a Water Shortage Response
Plan.
3. Clarifies terms related to existing water conservation requirements .and water
conservation goals as defined by the City's Sustainable City Plan.
In light of the current water supply issues facing California, staff has developed a
proposed Water Shortage Response Plan (WSRP). The WSRP would only be
implemented when the Council declares a water shortage emergency. While
developing the WSRP, staff reviewed the existing Water Conservation Ordinance,
SMMC 7.16, and determined that modifications were necessary in order to meet the
objectives of the Sustainable City Plan (SCP) and Urban Water Management Plan
(UWMP). In addition, the City of Santa Monica is required to develop a WSRP every
five years as part of the UWMP. The WSRP will be included in the 2010 UWMP, which
will require adoption by the City Council. Compliance with the UWMP is necessary for
the City to remain eligible for State grants.
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Discussion
Background
The City of Santa Monica imports 86% of its water from the Metropolitan Water District
of Southern California, and produces 12% from groundwater wells and 2% from the
Santa Monica Urban Runoff Recycling Facility. These sources combined meet the city-
wide water demand of 13.4 million gallons per day. The SCP includes a goal to reduce
water use 20% by 2010, which equates a total water demand of 11.1 million gallons per
day.
Santa Monica water customers have been proactive in conserving water since the last
severe drought in the early 1990's. Many of the water use restrictions included in
Chapter 7.16 were imposed during that shortage. These restrictions have helped the
City's water use to remain steady even though the daytime population has significantly
increased. In August 2007, the City implemented the "20-Gallon Challenge" to raise
awareness of the critical water supply challenges facing California today. This
campaign asks individuals to save 20 gallons of water each day, which equals a 10%
reduction in total water demand. Since August, water demand has declined each month
for a total reduction of 6.7%. This consecutive monthly decrease is unprecedented
since the last major drought.
The City offers water efficiency and rebate programs to encourage conservation among
residential and business customers. There are many opportunities for water
conservation, especially in landscape irrigation practices. During a water shortage,
additional water conservation programs .will be implemented. Future water and
wastewater rates are expected to adjust and compensate for a decrease in water
demand.
Previous Council Actions
Council approved Water Conservation Ordinance and Declared a State of Emergency -
Ordinance Number 1580 CCS (now Chapter 7 Section 7.16) on April 9, 1991.
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Financial Impacts & Budget Actions
The recommendation presented in this report has no budget or financial impact.
Prepared by:
Kim O'Cain, Water Resources Specialist
Approved: Forwarded to Council:
Acting Director -Environmental and pity Manager
Public Works Management Department
Attachment: Ordinance
City Council Meeting: May 27, 2008 Santa Monica, California
ORDINANCE NUMBER (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.
~~^`~ 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 er
natural disaster, or other emergencv 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. T"° °^°^+..,°„+ „f ° ,°+°,- .°,+ ,.+;,,„ ..~..„
~~~" ^^ °^~°•°°^^~~ 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 emergencv.
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(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.
(fl 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 -
~a~-Watering Ba7r. ~^ ~^,~,^ ^~ ~^^~'ssape-area skta',: be-watered~e
permitted-~-4aw:
(~--~ Watering Hours. No lawn or landscape area shall be
watered 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 9ireste~-e#
ce..e..,i ce.,,;,.,,~ ,,..f +tio n,~o,.+„~ ..a ~e.,e~.,~ ce.,,~..e~ 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 low water
usage plants or if reclaimed water is utilized as permitted by law.
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(2) Irrigation Oversgray & 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
Tc~-anti-Waste IlAeasar~s~Pefser~sh.^,:r
~~~ ~ni~~h ,.~e,.. „ ,.~e.,. ,.,+h ,.,.,+e~ 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 recyclina. disposed of in the
sanitary sewer, or directed to landscaping.
o...te..4 h.. ~ .,f .~ h.~...+ hel.+ h. ~..Le+ ., ..,il.~~ ni.nMtne~ .,~ h.. ~ .,f .~ ..ie.,..l.,..
. 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;
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~..~.. ..__ __ rnr.... ____ ._ ._.. ..~~ ~..~..~~., ..~ ~..~~...,....+..~ u~.....a vnw uny yua~~cresc,-r.+-vr
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(c) Water Features and Water Recreation Facilities - No person
shall:
/n\ Orin,~c,ssaa„se-oF,-a-pa::a~~efn~:t,~fee-ism
cn n~ n,F
/R\ Thn fn~~nMin nnrl 1o Ln nr rl'~nln.. i n^tr n+nr7 ..d+h n .n+nr . .nlinn
/~.1 olly Fill i hn+ +nh nr n rl'nn n 1 '+h
cam,-4+~+t-„~-~.,~-spa-o.-perrr~e,,;eat svwep~.,
r ~
~°~~~ he het tdb, spa-permanent swirr~'^ ^^"^ ^' ^+r ^+ed-
(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
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recycling system and prior to the issuance of a building permit a fee is paid to the
Director of EPWM equal to the first vear 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 vear water consumption of the water
recreation facility. as determined by the Director of EPWM.
(d) 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 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
writihg by the Director of EPWM.
(4) Cause, permit or allow water to flow from any source on
private or public property without beneficial use.
(~i}~ Eating and Drinking Establishments. All eating and drinking
establishments of any kind whatsoever including, but not limited to, any restaurant,
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hotel, cafe, cafeteria, bar or club, whether public or private, shall only provide drinking
water to any person upon receipt of an express request.
(e}~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.
(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.
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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
(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 Director of r_°^°~°' c°^,~^°° 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 set by this Code.
Each day that a violation occurs shall constitute a separate offense.
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(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 r^^°°^~^'~^^ '^^^°^f^~ Resources Specialists may arrest without
a warrant any person whenever the Coordinator or Inspector has reasonable cause to
believe that the person 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:
(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.
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(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
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 ter} twenty percent reduction in water consumption from X988 2000 levels within
the City of Santa Monica.
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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
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.
APPROVED AS TO FORM:
~~,
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.it~ff i
MA "SHA ~,~"N~ NI JTRIE
Cit Attorney ~
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