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O2706City Council Meeting June 14, 2022 Santa Monica, California ORDINANCE NUMBER 2706 (CCS) (City Council Series) AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING SECTION 7.16.020 OF THE SANTA MONICA MUNICIPAL CODE TO UPDATE WATER CONSERVATION REQUIREMENTS WHEREAS, the State of California has experienced higher average temperatures, more intense heat waves, devastating wildfires, and historic droughts due to climate change impacts; and WHEREAS, persistent and worsening drought conditions has affected the availability and reliability of regional and local water supplies; and WHEREAS, the State of California and regional water suppliers are implementing water shortage contingency plan actions and major water restrictions, such as the Metropolitan Water District of Southern California and the Los Angeles Department of Water and Power, to preserve limited water supplies for health and safety purposes; and WHEREAS, on August 14, 2014, the City declared a Stage 2 Water Shortage, as outlined in the City’s Water Shortage Contingency Plan; and WHEREAS, since the declaration of a State 2 Water Shortage, the City continues to maintain the water conservation actions for a Stage 2 Water Shortage as recently adopted by City Council on April 26, 2022; and 1 of 8 DocuSign Envelope ID: 184F7367-8B38-4B84-904E-FA3CF2022150 2 of 8 WHEREAS, the City’s Water Resources Division seeks to amend the Santa Monica Municipal Code Section 7.16.020 to provide flexibility to implement more stringent water conservation and water use efficiency efforts to align with regional and/or state-wide water conservation efforts to ensure a reliable and sustainable water supply is maintained during on- going and persistent drought conditions; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 7.16.020 is hereby amended to read as follows: 7.16.020 Water conservation requirements. (a) Landscape. (1) Watering Hours. No lawn or landscape area shall be spray irrigated between the hours of nine ten a.m. and five four p.m. on any day. This subsection shall not apply to any drip irrigation system approved by the City Manager or designee or unless the City Manager 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. (3) Limitations on Sprinkler Use. All irrigating of landscape with potable water using spray head sprinklers and bubblers shall be limited to no more than ten (10) minutes per watering day per station. All irrigating of landscape with potable water using standard rotors and multi-stream rotary heads DocuSign Envelope ID: 184F7367-8B38-4B84-904E-FA3CF2022150 3 of 8 shall be limited to no more than fifteen (15) minutes per cycle and up to two (2) cycles per watering day per station. (4) Outdoor Watering Restrictions. The Department of Public Works – Water Resources Division shall monitor and evaluate the projected supply and demand for water and shall recommend to the City Manager or designee the extent of the conservation required for the Department of Public Works - Water Resources Division to prudently plan for and supply water to its customers. The City Manager or designee shall notify the City Council of the recommendation as to the particular phase of water conservation, as more specifically set forth, below, that should be implemented. Thereafter, the City Manager may, with the concurrence of the Council, order that the appropriate phase of water conservation be implemented in accordance with the applicable provisions of this Section. Said order shall be published one time only in a daily newspaper of general circulation and shall become effective fourteen (14) days from such publication. The provisions for Phase I through III Outdoor Water Restrictions do not apply to drip irrigation supplying water to a food source or to a hand-held hose watering of vegetation or tree, if the hose is equipped with a positive quick release shutoff valve or nozzle, which is allowed every day except between the hours of nine a.m. and five p.m. A. Phase I Outdoor Watering Restrictions. Outdoor watering limited to 3 days per week. Under Phase I outdoor water restriction, addresses that end with an odd number will be allowed outdoor watering on Monday-Wednesday-Friday and addresses that end with an even number will be allowed outdoor watering on Tuesday-Thursday- Saturday. DocuSign Envelope ID: 184F7367-8B38-4B84-904E-FA3CF2022150 4 of 8 B. Phase II Outdoor Watering Restrictions. Outdoor watering limited to 2 days per week. Under Phase II outdoor water restriction, addresses that end with an odd number will be allowed outdoor watering on Monday-Wednesday and addresses that end with an even number will be allowed outdoor watering on Tuesday- Thursday. C. Phase III Outdoor Watering Restrictions. Outdoor watering limited to 1 day per week. Under Phase III outdoor water restriction, addresses that end with an odd number will be allowed outdoor watering on Monday and addresses that end with an even number will be allowed outdoor watering on Tuesday. D. Phase IV Outdoor Watering Restrictions. No outdoor watering will be allowed unless exceptions, if any, are approved in writing by the City Manager or designee. E. Penalties. Any failure to comply with a Phase I through IV outdoor watering restriction shall be subject to the penalties outlined in Section 7.16.070. F. Hardship Waiver. If, due to unique circumstances, a Phase I through Phase IV outdoor watering restriction would result in undue hardship to a person using water, or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water users, then the person may apply for a waiver to the requirements as provided in this Section. The waiver may be granted or conditionally granted only upon a written finding of the existence of facts demonstrating an undue hardship to a person using water, or to property upon DocuSign Envelope ID: 184F7367-8B38-4B84-904E-FA3CF2022150 5 of 8 which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water use due to specific and unique circumstances of the user or the user's property. G. Waiver Form. Application for a waiver must be on a form prescribed by the City Manager or designee. H. Supporting documentation. The application must be accompanied by photographs, maps, drawings, and other information, including a written statement of the applicant. I. Required findings for Waiver. An application for a waiver will be denied unless the City Manager or designee, finds, based on the information provided in the application, supporting documents, or such additional information as may be requested, and on water use information for the property, as shown by the records of the City or its agent, all of the following: i. That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses; ii. That because of special circumstances applicable to the property or its use, the strict application of this Section would have a disproportionate impact on the property or use that exceeds the impacts to residents and businesses generally; iii. That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the City to effectuate the purposes of this Section, and will not be detrimental to the public interest; and DocuSign Envelope ID: 184F7367-8B38-4B84-904E-FA3CF2022150 6 of 8 iv. That the condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent or general in nature. (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 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. (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 designee equal to the first year water consumption of the water feature as determined by the City Manager or designee. DocuSign Envelope ID: 184F7367-8B38-4B84-904E-FA3CF2022150 7 of 8 (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 designee equal to the first year water consumption of the water recreation facility, as determined by the City Manager or 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 designee, consistent with the policies of this Chapter. (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 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, café, cafeteria, bar or club, whether public or private, shall only provide drinking water to any person upon receipt of an express request. DocuSign Envelope ID: 184F7367-8B38-4B84-904E-FA3CF2022150 8 of 8 (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. 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 t his 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 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 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 immediately upon adoption. APPROVED AS TO FORM: _________________________ DOUGLAS SLOAN City Attorney DocuSign Envelope ID: 184F7367-8B38-4B84-904E-FA3CF2022150 Approved and adopted this 14th day of June, 2022. _____________________________ Sue Himmelrich, Mayor 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. 2706 (CCS) had its introduction and adoption at the Santa Monica City Council meeting held on June 14, 2022, by the following vote: AYES: Councilmembers Brock, de la Torre, Davis, Negrete, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None ATTEST: _____________________________________ _________________ Denise Anderson-Warren, City Clerk Date A summary of Ordinance No. 2706 (CCS) was duly published pursuant to California Government Code Section 40806. DocuSign Envelope ID: 184F7367-8B38-4B84-904E-FA3CF2022150 6/16/2022