O2479Council Meeting: January 27, 2015 Santa Monica, California
ORDINANCE NUMBER 2479 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
UPDATING CHAPTER 7.16 OF THE SANTA MONICA MUNICIPAL CODE RELATED
TO WATER CONSERVATION
WHEREAS, 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 Southern California; and
WHEREAS, the City of Santa Monica receives on average less than 15 inches of
precipitation annually and in some years precipitation can be as little as 3 inches; and
WHEREAS, in recent years the City of Santa Monica has relied on water
imported from Northern California or from the Colorado River to meet its water needs;
and
WHEREAS, the imported water supply from Northern California and from the
Colorado River cannot be reliably depended upon by the City of Santa Monica due to
reoccurring drought conditions throughout the western United States, and due to federal
and state regulations limiting such water for urban uses; and
WHEREAS, conservation of water is critically important if the City of Santa
Monica is to sustain itself, survive droughts as well as emergencies and natural
disasters; and
WHEREAS, 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 events that critically impact 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; and
WHEREAS, due to the current record drought, it is estimated that Metropolitan
Water District of Southern California's non - emergency water supplies may be
exhausted in the very near future; and
WHEREAS, On March 1, 2014, the Governor signed Senate Bill 104, a state
drought relief legislation which implements additional drought relief measures; and
WHEREAS, On July 15, 2014, the State Water Resources Control Board
adopted an emergency regulation which requires urban retail water agencies, such as
the City of Santa Monica, to implement all requirements and actions of their water
shortage contingency plans to preserve and conserve potable water; and
WHEREAS, California Water Code Sections 350 — 359 and 10620 - 10645
authorize the declaration of a water shortage emergency and allows for the enactment
of a water shortage response plan; and
WHEREAS, California law authorizes local agencies, including the City of Santa
Monica, to promulgate rules and regulations governing the conduct of local
administrative hearings presided by a hearing officer or a hearing examiner; and
WHEREAS, California Government Code Section 53069.4 specifically authorizes
local agencies to make any violation of any ordinance enacted by the local agency
subject to an administrative fine or penalty; and
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WHEREAS, it is critical that the City has a full range of remedies available to
ensure compliance with local water conservation laws and, where necessary, penalize
violators for the failure to comply with these laws; and
WHEREAS, a comprehensive code enforcement system that uses a combination
of judicial and administrative remedies is critical to ensure code compliance; and
WHEREAS, the City adopts the administrative fine and penalty provisions of this
ordinance pursuant to the City's constitutionally granted powers as a charter city and
Government Code Section 53069.4; and
WHEREAS, the City Councils finds that it is necessary to adopt these additional
regulations to preserve and conserve the City's potable water resources.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 7.16.020 of the Santa Monica Municipal Code 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 City Manager or his or her designee or
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unless the City Manager or his 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.
(2) 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.
(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 potable water source. Exception: Pressure washing may be
permitted in writing by the City Manager or his or her 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;
(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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(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 City Manager or his or her
designee equal to the first year water consumption of the water feature as determined
by the City Manager or his or her designee.
(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 City Manager or his or her
designee equal to the first year water consumption of the water recreation facility, as
determined by the City Manager or his or her designee.
(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 City Manager or his or her designee, consistent with
the policies of this Chapter.
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(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 City Manager
or his or her designee, consistent with the policies of this Chapter.
(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 2. Section 7.16.030 of the Santa Monica Municipal Code is hereby
amended to read as follows:
7.16.030 Water Consumption Limits.
(a) 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.
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(b) 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.
(c) 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.
Section 3. Section 7.16.040 of the Santa Monica Municipal Code is hereby
repealed.
Section 4. Section 7.16.050 of the Santa Monica Municipal Code is hereby
amended to read as follows:
7.16.050 Water Consumption Limits and Fees for New Development.
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 the Zoning Code 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 a multi - family residence and is not a substantial
remodel as defined in the Zoning Code and will not increase the number of dwelling
units on the property; or
(d) The person pays in advance a fee to the City 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 7.16.060 of the Santa Monica Municipal Code is hereby
amended to read as follows:
7.16.050 Water Supply Shortage Response Plan Violation Appeals
(a) Any person subject to a penalty pursuant to the Water 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 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 or her or its last known business or residence
address as the same appears in the public records or other records pertaining to the
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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.
(b) 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.
(c) 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.
(d) 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.
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Section 6. Section 7.16.070 of the Santa Monica Municipal Code is hereby
amended to read as follows:
7.16.070 Penalties and Remedies.
(a) 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 ($500) but not less than two hundred and fifty
dollars ($250), or a misdemeanor, which shall be punishable by a fine not exceeding
five hundred dollars ($500) but not less than three hundred dollars ($300) dollars.
Each day that a violation occurs shall constitute a separate offense.
(b) 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.
(c) 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.
(d) Willful Misrepresentation. It shall constitute a misdemeanor punishable by
a fine not to exceed five hundred dollars ($500) but not less than three hundred dollars
($300) 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
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otherwise diminish the effectiveness of any of the requirements imposed by any part of
this Chapter or the Water Supply Shortage Response Plan.
(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 or criminal action.
(f) The City Manager, or his or her 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 /its expense, performed by a licensed engineer experience in
performing such audits, of the property that is the subject of the violations and submit
such audit reports to the City. No personal 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:
(1) The Public Works Director, or his or her 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, affect 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
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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.
(2) The violator shall be liable for a civil penalty of up to $10,000 for
each subsequent violation.
(h) The penalties and remedies established by the Chapter shall be
cumulative.
Section 7. Section 7.16.080 of the Santa Monica Municipal Code is hereby
repealed.
Section 8. Section 7.16.090 of the Santa Monica Municipal Code is hereby
repealed.
Section 9. Section 7.16.100 of the Santa Monica Municipal Code is hereby
amended to read as follows:
7.16.100 Fees.
The City Council may, by resolution, establish fees for the filing, processing or
approval of any application, permit, variance, or adjustment provided for under this
Chapter.
Section 10. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
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inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
Section 11. 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 12. 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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Approved and adopted this 27th day of January, 2015.
Kevin McKeown, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2479 (CCS) had its introduction on January 13,
2015, and was adopted at the Santa Monica City Council meeting held on
January 27, 2015, by the following vote:
Ayes: Councilmembers: Himmelrich, O'Connor, O'Day, Winterer
Mayor McKeown, Mayor Pro Tern Vazquez
Noes: Councilmembers: None
Absent: Councilmembers: Davis
A summary of Ordinance No. 2479 (CCS) was duly published pursuant to
California Government Code Section 40806 .
ATTEST:
Sarah P. Gorman, City Clerk