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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 E 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 3 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; n (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. 5 (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. 9 (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 7 (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 c� 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. 0 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 10 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 11 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 12 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: 13 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