O25971
City Council Meeting : January 8, 2019 Santa Monica, California
ORDINANCE NUMBER 2597 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA REPLACING AND RESTATING IN ITS ENTIRETY THE TEXT OF SANTA
MONICA MUNICIPAL CODE SECTION 7.16.050 TO REQUIRE THAT NEW DEVELOPMENT
OFF-SET WATER USE ON-SITE OR OFF-SITE, OR, ALTERNATIVELY, PAY THE CITY AN
IN-LIEU FEE TO FUND RETROFITTING OF
PLUMBING FIXTURES OFF-SITE
WHEREAS, California has endured a severe multi-year drought that has threatened the
water supplies of communities and residents, devastated agricultural production in many areas,
and harmed fish, animals and their environmental habitats; and
WHEREAS, the City desires to continue to adopt and adhere to permanent changes to
use water more wisely and to prepare for more frequent and persistent periods of limited water
supply; and
WHEREAS, Santa Monica Municipal Code Section 7.16.050 constitutes the City’s water
neutrality ordinance and was adopted by the City Council in response to the on-going drought;
and
WHEREAS, the City desires, among other things, to expand the applicability of the City’s
water neutrality ordinance, modify the definition of baseline water demand in the ordinance, and
align the ordinance’s terminology with the City’s planning and development procedures.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The text of Santa Monica Municipal Code Section 7.16.050 is hereby
replaced and fully restated as follows:
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7.16.050 Water Consumption Limits and In-lieu Fees for New Development.
(a) Applicability. Except as provided in subparagraph (b), below, this Section applies to:
(1) Approval of a building permit for new development, occurring on or after November 27,
2018.
(b) Exemptions. This Section does not apply to:
(1) New development that does not require a permit under Section 8.08.050;
(2) Repair, alteration, modification, addition to, or rehabilitation of an existing structure that
results in the net increase in the number of any plumbing fixture(s) in an existing single-family
residence, or any repair, alteration, modification, new construction or rehabilitation of an ADU,
where the projected water demand is less than the water conservation threshold in effect at the
time of issuance of the building permit.
(3) Any new development application for a building permit filed on or before November 27,
2018 that only result in a change of use of 6,000 square feet or less and/or an addition of 1,500
square feet or less. Instead, such new development projects shall be required to pay the water
demand mitigation fee in effect as of November 27, 2018.
(c) Definitions. The following definitions apply for purposes of administering this Section:
(1) 100% Affordable Housing Project. One hundred percent affordable Housing Project is
defined in Section 9.52.020.0050.
(2) Baseline Water Demand. Baseline water demand means the average potable water use
over the previous five (5) years from the time the first a pplication for new development is filed.
The most recent five-year average of potable water use according to City records at the proposed
development site will be used; where no records exist only for new development of a 100%
affordable housing project, the five-year average potable water use of water customers in the
same water customer class (single-family, multi-family, mixed-use, commercial, industrial,
landscape, etc.) with the same meter size will be used.
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(3) Director. Director means the Director of the City’s Public Works Department or his or her
designee
(4) New Development. For the purposes of implementing this Section, new development
means any of the following:
(i) A new, enlarged, or relocated pool, spa, pond, or water feature;
(ii) A new, enlarged, or relocated irrigation system;
(iii) A new structure with any plumbing fixture(s);
(iv) A change in use that results in the addition of any number of plumbing fixture(s);
(v) Repair, alteration, modification, addition to, or rehabilita tion of an existing structure that
results in the net increase in the number of any plumbing fixture(s);
(vi) Repair, alteration, modification, addition to, or rehabilitation of an existing structure with
any plumbing fixture(s), where a demolition will occur in accordance with Section 9.25.030 or any
successor thereto.
(5) New Water Demand. New water demand means projected water demand (defined below)
for a proposed new development less baseline water demand (defined above) at the proposed
site. New water demand shall be determined at the time of the City Building Official’s acceptance
of plan check submission.
(6) Plumbing Fixture. A receptacle or device that i s connected to a water supply system or
discharges to a drainage system or both.
(7) Projected Water Demand. The total amount of projected potable water demand for a
proposed new development. The projected water demand shall serve as the water use allow ance
for the proposed new development.
(8) Water Use Allowance. The Water Use Allowance (WUA) established by the Water Supply
Shortage Response Plan adopted in accordance with Section 7.16.030.
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(9) Water Conservation Threshold. The lowest level that the Water Use Allowance can be
set for a residential water customer as calculated in the Water Shortage Response Plan adopted
in accordance with Section 7.16.030.
(d) Water Off-Set Requirements.
(1) No person shall be issued a temporary or final certificate of occupancy, or a required permit,
for any new development that is not exempt under subparagraph (b) of this Section unless the
new development offsets all increases in new water demand as follows :
(i) New water demand for any new development that constitutes either (a) a 100% Affordable
Housing Project, including individual units and common spaces that support those units ; or (b) an
accessory-dwelling unit regulated under Section 9.31.0300, shal l be offset at a ratio of 0.5:1.
(ii) New water demand for all other new development shall be offset at a ratio of 1:1.
(2) The water offsets required by this Section shall be achieved with on -site water efficiency
measures unless the Director determines that such efficiency measures cannot be reasonably
achieved on-site. In the event that the Director determines that such efficiency measures cannot
be reasonably achieved on-site, the applicant for a permit may satisfy the off -set requirement by
implementing such on-site water efficiency measures as the Director determines can reasonably
be achieved on-site to accomplish the maximum possible portion of the water offsets required by
this Section and:
(i) Payment of an in-lieu water offset fee in accordance with subparagraph (j), below; and/or
(ii) Performing or undertaking to perform the off -set requirements, in whole or in part, at an off-
site location within the City of Santa Monica. The criteria for equivalent performance of the off -set
requirements at an off-site location shall be approved in writing by the Director prior to
commencement of such work. All work performed or undertaken to be performed by the applicant
shall be subject to all laws and regulations generally applicable to such work and shall be
performed at the applicant’s sole risk and cost.
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(3) The owner or permit applicant shall submit sufficient documentation as determined by the
Director to demonstrate that the water offset requirements in this Section have been or shall be
achieved.
(e) New Buyer or Tenant Notification. The owner or selling agent of any new development
that is subject this Section shall provide any buyer or tenant of the new development with the
building record informing the buyer or tenant that the new develop ment is subject to the W ater
Use Allowance established by this Section.
(f) Verification of Water Off-Set Requirements. Neither a temporary or final certificate of
occupancy for a new development nor a final approval for any permit required to comply with this
Section shall be issued until:
(1) The on-site or off-site water offset provisions approved by the Director have been
installed and demonstrated to be operational; and/or
(2) The owner or permit applicant has paid the in-lieu water off -set fee in accordance with
subparagraph (j).
(g) Implementing Regulations. The Director shall adopt written administrative regulations or
guidelines that are consistent with and that further the terms and requirements set forth in this
Section.
(h) Penalties for Unauthorized Water use. Failure to meet the utility account’s W ater Use
Allowance during a billing period may result in a penalty established through the Water Supply
Shortage Response Plan adopted in accordance with Section 7.16.030.
(i) Administrative Fee. An administrative fee shall be assessed and paid to the City by the
permit applicant at the time of issuance of the building permit. The administrative fee shall be
imposed to cover cost of administering and implementing the water off -set requirements of this
Section and shall be set by City Council resolution.
(j) In-Lieu Water Off-Set Fee.
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(1) The water off-set requirements in this Section may be satisfied, in whole or in part, by
payment of a one time in-lieu water offset fee. The fee shall be paid by the owner or permit
applicant, as follows: fifty percent shall be paid at the time of issuance of the building permit and
the remaining fifty percent shall be paid at the time of the issuance of the temporary certificate of
occupancy or certificate of occupancy, whichever occurs first. For all other permits where an
issuance of the temporary certificate of occupancy or certificate of occupancy is not required, one
hundred percent of the fee shall be paid by the owner or permit applicant before receiving final
approval from the City of Santa Monica.
(2) Funds collected by the in-lieu water off -set fee shall be deposited into a dedicated fund
used by the City to reduce new water demand citywide.
(3) Payment of the in-lieu off-set fee, in combination with any implemented water off-sets, shall
constitute full satisfaction of the water off -set requirements in this Section.
(4) The in-lieu water offset fee shall be non-refundable.
(5) The City’s acceptance of the in-lieu water off-set fee does not represent or establish an
obligation of the City to reduce new water demand by any particular means.
(6) The criteria for establishing the in-lieu water off -set fee shall be set by City Counci l
resolution for implementation through the regulations to be adopted by the Director pursuant to
this Section.
(k) Hardship
(1) The Director may exempt an owner or a building permit applicant from the requirements
of this Section, upon showing by the owner that the requirements of this Section would cause
undue hardship.
(2) For purposes herein, an “undue hardship” shall be found where imposition of the water
off-set requirements would deprive the owner of a development site of all economically beneficial
use of that site or otherwise be prohibited by applicable state or federal law.
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(3) An undue hardship application shall include all information necessary for the Director to
make a finding of undue hardship, including but not limited to documentation showi ng the factual
support for the claimed undue hardship.
(4) The Director may approve the undue hardship exemption application, in whole or in part,
with or without conditions.
(5) Any exemption granted by the Director is effective immediately.
SECTION 2. 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 uate the provisions of this
Ordinance.
SECTION 3. 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 r emaining 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 4. 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:
_________________________
LANE DILG
City Attorney
Approved and adopted this 8th day of January, 2019.
_____________________________
G l e a m D a v i s , M a y o r
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2597 (CCS) had its introduction
on November 27, 2018, and was adopted at the Santa Monica City Council
meeting held on January 8, 2019, by the following vote:
AYES: Councilmembers Himmelrich, McKeown, Morena, Winterer
Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2597 (CCS) was duly published pursuant to
California Government Code Section 40806.
Gleam Davis (Jan 11, 2019)
Gleam Davis
Jan 11, 2019