San Marino Municipal Code Art. 16 Water Conservation and Water Supply Shortage Program and Regulations

A. The purpose of this article is to establish a water conservation and supply shortage program that will reduce water consumption within the city of San Marino through conservation, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, and maximize the efficient use of water within the city of San Marino to avoid and minimize the effect and hardship of water shortage to the greatest extent possible.

B. This article establishes voluntary and imposed water conservation standards intended to alter behavior related to water use efficiency at all times. This article may be amended in the future following public hearings to consider increasing restrictions on water use in response to worsening drought or emergency conditions and decreasing supplies. (Ord. 0-09-1219, 12-9-2009)

The following words and phrases, when used in this article, shall have the meanings defined in this section:

LANDSCAPE IRRIGATION SYSTEM: An irrigation system with pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system.

LARGE LANDSCAPE AREAS: A lawn, landscape, or other vegetated area, or combination thereof, equal to more than one acre of irrigable land.

PERSON: Any natural person or persons, corporation, public or private entity, governmental agency or institution, including all agencies and departments of city of San Marino, or any other user of water provided in the city of San Marino.

POTABLE WATER: Water which is suitable for drinking.

RECYCLED WATER: The reclamation and reuse of nonpotable water for beneficial use as defined in title 22 of the California Code of Regulations.

SINGLE PASS COOLING SYSTEMS: Equipment where water is circulated only once to cool equipment before being disposed of. (Ord. 0-09-1219, 12-9-2009)

A. The provisions of this article apply to any person in the use of any potable water provided by the city of San Marino.

B. The provisions of this article do not apply to uses of water necessary to protect public health and safety or for essential government services, such as police, fire and other similar emergency services.

C. The provisions of this article do not apply to the use of recycled water, with the exception of subsection 14.16.04A of this article.

D. The provisions of this article do not apply to the use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale.

E. This article is intended solely to further the conservation of water. It is not intended to implement any provision of federal, state, or local statutes, ordinances, or regulations relating to protection of water quality or control of drainage or runoff. Refer to the local jurisdiction or regional water quality control board for information on any stormwater ordinances and stormwater management plans. (Ord. 0-09-1219, 12-9-2009)

The following voluntary water conservation requirements are effective at all times. Actions contrary to this section will be considered waste and an unreasonable use of water.

A. Limits On Watering Hours: Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of nine o'clock (9:00) A.M. and five o'clock (5:00) P.M. Pacific time on any day, except by use of a handheld bucket or similar container, a handheld hose equipped with a positive self-closing water shutoff nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. (Ord. 0-15-1294-U, 6-10-2015)

B. Limits On Watering Days: Irrigation scheduling shall be in compliance with all state, local, and water purveyor regulations. If allowable watering days differ, the strictest shall apply. (Ord. 0-16-1309, 11-9-2016)

C. Limits On Watering Duration: Watering or irrigating of lawn, landscape or other vegetated area with potable water using a landscape irrigation system or a watering device that is not continuously attended is limited to no more than fifteen (15) minutes watering per day per station. This subsection does not apply to landscape irrigation systems that exclusively use very low flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a seventy percent (70%) efficiency standard.

D. No Excessive Water Flow Or Runoff: Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining street, alley, gutter or ditch is prohibited.

E. No Washing Down Hard Or Paved Surfaces: Washing down hard or paved surfaces, including, but not limited to, sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys is prohibited, except when necessary to alleviate safety or sanitary hazards, and then only by use of a handheld bucket or similar container, a handheld hose equipped with a positive self- closing water shutoff device, a low volume, high pressure cleaning machine, or a low volume, high pressure water broom.

F. Obligation To Fix Leaks, Breaks Or Malfunctions: Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected and in no event more than seven (7) days of receiving notice from the city of San Marino is prohibited.

G. Recirculating Water Required For Water Fountains And Decorative Water Features: Operating a water fountain or other decorative water feature that does not use recirculated water is prohibited.

H. Limits On Washing Vehicles: Using water to wash or clean a vehicle, including, but not limited to, any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not is prohibited, except by use of a handheld bucket or similar container or a handheld hose equipped with a positive self- closing water shutoff nozzle or device.

I. Drinking Water Served Upon Request Only: Eating or drinking establishments, including, but not limited to, a restaurant, cafe, cafeteria, or other public place where food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water to any person unless expressly requested.

J. Single Pass Cooling Systems: Installation of single pass cooling systems is prohibited in buildings requesting new water service.

K. Restaurant Use: Food preparation establishments, such as restaurants or cafes, are required to use water conserving dish wash spray valves.

L. Irrigation During And Within Rain Events: Irrigating outdoors during and within forty eight (48) hours following measurable rainfall is prohibited.

M. Street Washing: Use of potable water for street cleaning with trucks, except for initial wash down for construction purposes (if street sweeping is not feasible), or to protect the health and safety of the public, is prohibited.

N. Construction Use: Use of potable water for construction purposes, such as consolidation of backfill, dust control, or other uses, except for initial wash down of streets (if street sweeping is not feasible), unless no other source of water or other method can be used is prohibited.

O. Car Washes: Operation of commercial car washes without recycling at least fifty percent (50%) of the potable water used per cycle is prohibited.

P. Fire Hydrants: Use of potable water to flush hydrants, except where required for public health or safety or as otherwise required by law is prohibited. (Ord. 0-15-1294-U, 6-10-2015)

A water supply shortage exists when the city of San Marino determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the city of San Marino of a water supply shortage condition, the city of San Marino will make the voluntary measures outlined in section 14.16.04 of this article mandatory. (Ord. 0-09-1219, 12-9-2009)

The existence of water supply shortage conditions may be declared by resolution of the city of San Marino adopted at a regular or special public meeting held in accordance with state law. The mandatory conservation requirements will take effect on the tenth day after the date the shortage level is declared. Within five (5) days following the declaration of the shortage level, the city of San Marino must publish a copy of the resolution in a newspaper used for publication of official notices. (Ord. 0-09-1219, 12-9-2009)

If, due to unique circumstances, a specific requirement of this article would result in undue hardship to a person or public entity 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.

A. Written Finding: 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 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.

1. Application: Application for a waiver must be on a form prescribed by the city of San Marino and accompanied by a nonrefundable processing fee in an amount set by city council resolution.

2. Supporting Documentation: The application must be accompanied by photographs, maps, drawings, and other information, including a written statement of the applicant.

3. Required Findings For Waiver: An application for a waiver will be denied unless the city manager 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 of San Marino or its agent, all of the following:

a. That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses;

b. That because of special circumstances applicable to the property or its use, the strict application of this article would have a disproportionate impact on the property or use that exceeds the impacts to residents and businesses generally;

c. 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 of San Marino to effectuate the purpose of this article and will not be detrimental to the public interest; and

d. 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.

4. Approval Authority: The city manager must act upon any completed application no later than ten (10) days after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver must be promptly notified in writing of any action taken. Unless specified otherwise at the time a waiver is approved, the waiver will apply to the subject property during the period of the mandatory water supply shortage condition. The decision of the city manager will be final. (Ord. 0-09-1219, 12-9-2009)

Any violation of this article shall be enforced as provided in chapter I, article 06 of this code. (Ord. 0-09-1219, 12-9-2009)