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
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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
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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.
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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
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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
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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.
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(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.
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(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
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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.
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6/16/2022