Del Mar Municipal Code Ch. 21.60 Water Conservation Program

A. This Chapter establishes a water conservation program with requirements intended to conserve water supplies, minimize the effects of water supply shortages, recognizing the semi-arid nature of the area, the heavy dependence on imported water and the limitations on supplies.

B. To the degree that the requirements imposed in this Chapter are more stringent than the requirements contained in the State Building Standards Code, the requirements of this Chapter shall prevail and shall be applicable within the City. The City finds that these more stringent requirements are necessary to respond to the semi-arid, climatic conditions of the region in which the City is located which require existing and future development to be served by imported water. (Health and Safety Code § 17958.5.)

C. To the degree that the requirements contained in this Chapter are more stringent than the regulations contained elsewhere in the Municipal Code of the City, the requirements of this Chapter shall prevail and shall be applicable within the City.

(Ord. No. 603)

The provisions of this Chapter shall apply to the construction of new structures and to the alteration of existing structures, as specified in this Chapter.

A. It is the policy of the City that all public and private users of water within the City shall use such water for reasonable purposes and in a reasonable and conscientious effort to conserve water.

B. While this Chapter may not require some construction and structural alteration projects to meet the requirements herein, these requirements should still be considered as recommended for conserving water.

C. The City Council may initiate and maintain education programs to encourage the conservation of water.

No person shall knowingly use water or permit the use of water supplied by the City for residential, commercial, industrial, agricultural, governmental or any other purpose in a manner which does not reflect sound conservation practices. The following general guidelines are recommended to promote reasonable use of water:

A. Toilets.

1. Check toilet tanks for leaks with food coloring or a dye tablet.

2. Flush toilets only when necessary. Do not use toilets as ashtrays or for trash disposal.

3. Consider installing water displacing bags or bottles in tanks or replace toilets with low flush one and one-sixth gal/flush toilets or flushometers with low volume one gal/flush valves.

B. Showers.

1. Limit shower time and install a push type shutoff on the showerhead.

2. Consider installing low flow showerheads.

3. Catch the water flow in a bucket while waiting for warmup and use the water for landscaping or flushing.

C. Run only fully loaded washing machines and dishwashers.

D. Turn off water while shaving or brushing teeth.

E. Retrofit pre-1991 reverse osmosis water treatment units with an automatic shutoff valve.

F. Water softeners should be demand initiated regeneration type or controlled manually.

G. Repair all water leaks promptly.

H. Landscaping.

1. Irrigate only between 4:00 p.m. and 9:00 a.m. except for drip or micro irrigation systems.

2. Consider retrofitting non-turf irrigation with low volume drip or micro irrigation systems.

3. Adjust automatic irrigation systems based on the season and weather conditions.

4. Convert turf areas to drought tolerant varieties or change plantings to drought tolerant varieties.

5. Control irrigation to avoid runoff to adjacent properties or public or private roadways.

I. Use brooms to clean outdoor paved areas and do not water wash except to alleviate immediate safety or sanitation hazards.

J. Wash cars only using hand held hoses with positive shut off nozzles.

K. Only operate ornamental fountains that recirculate water.

L. Restaurants should serve water only upon request.

Where applicable, the construction of new structures and the modification/sale of existing structures shall comply with the following provisions:

A. Showerheads. All showerheads for all shower fixtures shall be certified as having a maximum flow rate of no more than two and one-half gallons per minute.

B. Water Closets, Urinals and Associated Flushometer Valves. All water closets and associated flushometer valves, if any, shall be certified as using no more than one and one-sixth gallons per flush and shall meet the performance standards established by the "American Society of Mechanical Engineers" A112.19.2. All urinals and associated flushometer valves, if any, shall be certified as using no more than one gallon per flush and shall meet the performance standards established by the "American Society of Mechanical Engineers" A112.19.2.

C. Faucets. All lavatory and sink faucets shall be fitted with flow-restricting aerators with a certified, maximum flow rate of no more than two and two-tenths gallons per minute.

D. Meters. All service connections within the City shall be metered. The City shall determine the number of dwelling units or land area to be supplied through each service connection.

E. Landscaping and Irrigation.

1. No more than 15 percent of lot area of a building site shall be used for the installation and maintenance of grasses or turf. Grass and turf areas shall be separated from other vegetation so that the turf can be irrigated separately.

2. Only low volume drip or micro irrigation systems shall be used to irrigate non-turf, outside landscaping areas.

A building permit shall not be issued for the construction of a new structure until the applicant has demonstrated that the proposed new structure and site will be in compliance with the requirements of Section 21.60.040 of this Chapter.

A building permit shall not be issued for a project which adds 500 square feet of floor area to an existing structure (to be calculated pursuant to the provisions of the DMMC) until the applicant has demonstrated that the proposed work will include bringing the structure into compliance with the requirements of Subsections A., B. and C. of Section 21.60.040.

A. Seller.

1. It shall be unlawful for any seller of real property within the City, developed with a structure containing one or more fixtures which do not comply with the requirements of this Chapter, to convey such property without first bringing all such fixtures into conformity with the provisions of Subsections A., B. and C. of Section 21.60.040.

2. It shall be unlawful for any seller of real property within the City, developed with one or more fixtures which do not comply with the requirements of this Chapter, to fail to provide the buyer with a certificate, signed by the seller, and presented prior to the closing of the sale of the property, specifying that the seller has complied with seller's requirements imposed by this Chapter.

B. Buyer. It shall be unlawful for any person who purchases property within the City after April 15, 1992, developed with a structure containing one of more fixtures which do not comply with the requirements of this Chapter, to occupy such property when such fixtures are not in conformance with the requirements of this Chapter.

C. Real Estate Agents. It shall be unlawful for any real estate agent, real estate broker or a real estate sales person, whether representing a seller or a buyer, who is involved in the sale of real property within the City, to fail to give written notice to the party which such agent, broker, or sales person represents of the requirements of this Chapter, prior to the closing of the sale of the property.

A. It shall be unlawful for any person to remove all or part of a fixture which complies with the requirements of this Chapter, and replace such fixture in such a manner that the fixture does not comply with the requirements of this Chapter.

B. It shall be unlawful for any person to install a fixture which does not comply with the requirements of this Chapter.

A. Appeals Board. The City Council shall be the Appeals Board for this Chapter.

B. Appeal.

1. Any person subject to the regulations and decisions imposed in accordance with the provisions of this Chapter may submit an appeal, in writing, to the City Clerk.

2. The City Manager may render a decision or set the matter to be heard by the Appeals Board which will render a written decision within 30 calendar days of the receipt of the appeal.

3. If the appellant is dissatisfied with the City Manager's determination, the appellant may seek a review by the Appeals Board.

C. Modification Authorized. In accordance with the procedures provided above, the City Manager and the Appeals Board are authorized to make minor and limited modifications to any regulation in this Chapter when it has been demonstrated that due to special circumstances as applied to a particular case, the application of the unmodified regulation constitutes a threat to health, safety or welfare or will result in an undue, unreasonable hardship. Provided, however, that such modification shall not cause water to be wasted or used in an unreasonable manner and the purposes of this Chapter can be accomplished.