Monterey County Municipal Code Ch. 18.50 Residential, Commercial and Industrial Water Conservation Measures

A. Monterey County is experiencing severe water supply problems in the Greater Salinas, Toro, Greater Monterey Peninsula, and a portion of the North County Planning Areas, including the Coastal Zone.

B. Water supply problems have existed historically in these areas. The 1987-89 drought has exacerbated these problems.

C. Areas such as the Zone 2 and 2A within the Monterey County Flood Control and Water Conservation District have as a goal a ten (10) percent reduction in water use by all users in order to reduce impacts to aquifers.

D. Monterey County has established ordinances requiring water conserving plumbing features for areas within the Monterey Peninsula Water Management District (#3190) and Regulations to Control Intensification of Water Consumption in the Cal-Am Water Service Area (#3310).

E. As a result of expanding water use for residential, commercial and industrial development in the areas defined herein, the potential exists that Monterey County may experience a threat to public health, safety and welfare due to a dwindling available water supply to meet expanding development.

F. In order to insure the availability of water for domestic, development, and other purposes, for present as well as for future use in the areas designated, it is necessary that uniform regulations be adopted to control intensification of water consumption in the areas defined herein.

G. In view of the expanded water usage in the areas defined herein, and the known water supply problems there exists a current and immediate threat to the public health, safety, welfare, and adoption of the regulations herein is necessary in order to forestall said threat to public health, safety, and welfare.

(Ord. 3438, 1989)

It is the purpose and intent of this Chapter to reduce the excessive use of water within the Greater Salinas, Toro, Greater Monterey Peninsula, and a portion of North County and Coast Planning areas by requiring the installation of low water use plumbing fixtures and low water use landscape material as part of new construction and prohibiting certain excessive use of water.

(Ord. 3438, 1989)

The regulations set forth in this Chapter shall apply to the unincorporated portion of Monterey County within the Greater Salinas Planning Area, Toro Planning Area, Greater Monterey Peninsula Planning Area, a portion of the North County Planning Area including the Coastal Zone, as shown in the map attached hereto. This ordinance provides minimum standards pending the adoption of a District-wide Water Conservation Ordinance. This ordinance does not supersede other ordinances pertaining to water conservation previously approved by the Board of Supervisors.

(Ord. 3438, 1989)

The following definitions are applicable to this Chapter:

A. "Bubblers" means any landscape irrigation system that disperses water, in a bubbling fashion as opposed to a spray fashion.

B. "Commercial structures" means any structures devoted to any of the uses defined in Chapters 20.28, 20.30, 20.32, 20.34, 20.124, 20.126 of the Monterey County Code.

C. "Drip irrigation system" means any landscape irrigation system that disperses water in a controlled fashion to the extent necessary to provide sufficient water to sustain the growth of specific vegetation.

D. "Existing vacant legal lot" means any lot as defined in Section 20.04.401 of the Monterey County Code and that has no improvements thereon.

E. "Industrial structures" means any structures devoted to any of the uses defined in Chapters 20.36, 20.38, 20.129, 20.130 and 20.132 of the Monterey County Code.

F. "Low precipitation sprinkler heads" means any landscape sprinkler head that disperses less than 0.75 inches of water per hour at any pipe pressure.

G. "Low water use plumbing fixtures" means any toilet using a maximum of 1.6 gallons per flush and shower heads designed to emit a maximum of 2.5 gallons per minute of water.

H. "Low water use landscape material" means any California native or other plants that are identified on the plant list provided by Monterey County entitled "A Drought-Tolerant Plant List for the Monterey Peninsula."

I. "Native plant material" means any plant native to the State of California.

J. "New construction" means any construction of a previously nonexistent structure requiring a discretionary or ministerial permit issued after the effective date of this Chapter.

K. "Ultra low flow toilet" means any toilet that uses 1.6 gallons of water per flush, or less.

(Ord. 3438, 1989)

A. All new construction, as defined herein, shall be equipped with ultra low flow toilets with a maximum tank size or flush capacity of 1.6 gallons, and shower heads with a maximum flow capacity of 2.5 gallons per minute.

B. All new construction shall include as part of the exterior landscape development, low water use or native drought-resistant plant material and low precipitation sprinkler heads, bubblers, drip irrigation system and timing devices. Before any permit may be issued for such new construction, the applicant shall submit a landscape plan for review and approval by the Director of Building Services in conformity with landscape guidelines adopted by the Board of Supervisors. The Department of Building Services shall charge appropriate fees for review of such plans.

(Ord. 3438, 1989)

(Ord. No. 5135, § 36, 7-7-2009)

Whenever the Director of Building Services determines that there is an existing violation of this Chapter, that ultra low flow toilets and shower heads have not been installed consistent with this ordinance, the Director of Building Services may record a Notice of Violation with the Office of the County Recorder. The owner(s) of the property, as revealed by the assessment roll, on which the violation is situated and any other person responsible for the violation shall be notified of the recordation, if their address is known to the Director of Building Services or is otherwise reasonably available.

(Ord. 3438, 1989)

(Ord. No. 5135, § 37, 7-7-2009)

The Director of Building Services may exempt facilities from the provisions of this Chapter, or impose reasonable conditions in lieu of compliance therewith, if he or she determines that any of the following conditions exist:

A. The requirements herein would cause an unnecessary and undue hardship upon the owner or purchaser of the facility or the public.

B. The requirements herein would create an emergency condition affecting the health, sanitation, fire protection or safety of the facility owner or the public.

C. The granting of the exemption or imposition of reasonable conditions in lieu of compliance with the requirements herein would not increase the quantity of water consumed by the facility or otherwise adversely affect service to other existing water consumers.

(Ord. 3438, 1989)

(Ord. No. 5135, § 38, 7-7-2009)

A. Who May Appeal—Time for Appeal.

1. An appeal, other than those relating to aesthetics and plant selection, may be made to the Board of Supervisors by any public agency or person aggrieved by a decision of the Director of Building Services pursuant to this Chapter. Such appeal shall be in writing and shall be filed with the Clerk of the Board of Supervisors and with the Department of Building Services within ten (10) days after written notice of the decision has been mailed to the applicant.

Appeals relating to aesthetics and plant selection shall be made to the Planning Commission pursuant to Chapter 20.100 of the Monterey County Code.

2. Written notice of the decision shall be given promptly to the applicant, and to those who have requested notice, in writing, at the hearing on the application; and no appeal shall be accepted until the notice of the decision has been given.

3. At the time of the filing of the appeal the appellant shall pay the required filing fee as established from time to time by the Board of Supervisors to the Clerk of the Board of Supervisors.

B. Requirements for Contents of Appeal. The appellant must specifically state in the notice of appeal:

1. The identity of the appellant and his or her interest in the decision.

2. The identity of the decision appealed from and the conditions appealed from.

3. A clear, complete, but brief, statement of the reasons why, in the opinion of the appellant, the decision or the conditions imposed were unjustified or inappropriate.

4. The specific reasons the appellant disagrees with the findings of the Director of Building Services.

5. The specific facts of the matter in sufficient detail to notify interested persons of the nature of the proceedings, to place the interested persons upon notice as to how any proposed action may affect their interest so that they may formulate their defense or opposition without being subjected to surprise. The Board will not accept an appeal stated in generalities, legal or otherwise.

C. Form. A form for giving notice of appeal shall be provided. The form need not be used if the contents of the notice of appeal is complete.

D. Acceptance of Appeal. An appeal shall not be accepted by the Board of Supervisors unless it is complete and complies with all requirements. The Clerk of the Board shall not accept a notice of appeal if it is obvious on the face of the notice that it is incomplete.

E. Notice. The appellant shall furnish the Director of Building Services stamped envelopes addressed to those on the department's list to receive notice of the hearing appealed from, if any, and the list of those who have requested to receive notice of appeal.

F. Action by the Board of Supervisors on Appeal.

1. Upon receipt of the notice of appeal, the Board shall within fifteen (15) days following the filing of the appeal, set a date for public hearing thereon, giving notice thereof to the appellant, to those in the department's list, if any, and to those who have requested notice of the appeal, in writing, during the consideration of the matter by the Director of Building Services. The evidence presented to the Board of Supervisors on appeal shall be limited to that evidence which was presented to the Director of Building Services; provided, however, that when relevant new evidence is available at the time of appeal, the application may be returned to the Director of Building Services for reconsideration.

2. If the basis of the appeal is the adequacy or weight of the evidence to support the findings, conditions or decision of the Director of Building Services, the Board shall affirm if there is substantial evidence to affirm despite the evidence to the contrary.

3. If a request for continuance is granted, the person who asks for the continuance shall notify the interested public in the same manner and to the same extent that notice was given to the public regarding the hearing on the appeal. The notice shall state the date to which the hearing upon the appeal is continued. If notice is not given, the appeal may not be heard on a date for which inadequate notice is given. Failure to give notice may be grounds for denial of an appeal.

4. The Board of Supervisors may reverse or affirm, wholly or in part, or modify the order, requirement, condition, findings or decision appealed from, and may make such order, requirement, condition, finding or decision as should be made, and such action shall be final.

(Ord. 3438, 1989)

(Ord. No. 5135, § 39, 7-7-2009)

The Director of Building Services shall be the officer primarily charged with enforcement of this Chapter. All departments, officials, and public employees of the County of Monterey who are vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this Chapter, and shall issue no such permits or licenses for uses, buildings, or purposes where the same would be in conflict with the provisions of this Chapter, and any such permits, licenses, or uses, if issued in conflict with the provisions of this Chapter, shall be null and void.

(Ord. 3438, 1989)

(Ord. No. 5135, § 40, 7-7-2009)

A. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, maintained, sold, or the use of which is changed, contrary to the provisions of this Chapter, and/or any use of any land, building, or premises, established, conducted, operated, or maintained contrary to the provisions of the Chapter, shall be, and the same is hereby declared to be a violation of this Chapter and a public nuisance.

B. Repealed.

C. Repealed.

D. Should any person, firm, or corporation violate the terms of this Chapter and any action is authorized either by the Board of Supervisors, County Counsel, or District Attorney, or is in fact commenced by said agencies for said violation, no other action shall be taken on any application filed by or on behalf of said person, firm, or corporation until the action has been concluded or resolved.

(Ord. 3438, 1989)

Repealed.

(Ord. 3999, 1998; Ord. 3987, 1998)

This Chapter may be reviewed by the Board of Supervisors one year after its effective date, or earlier upon staff recommendation, and annually thereafter.

(Ord. 3659 § 16, 1993)