St. Helena Municipal Code Ch. 13.12 Water Use Efficiency and New Development

Sections:

• 13.12.010 Purpose and scope.

• 13.12.020 Definitions.

• 13.12.030 New development.

• 13.12.040 Residential remodeling.

• 13.12.050 Appeals.

• 13.12.060 Responsibility of customers, employers, property managers and contractors.

• 13.12.070 Violations—Penalties.

• 13.12.110 Remedies not exclusive.

• 13.12.120 City council authority and discretion to verify compliance.

This chapter adopts regulations to deal with the limited supply of water which the city council has found to exist. (Ord. 16-13 § 5 (Att. 6); Ord. 04-2; Ord. 01-11 § 2; prior code § 18.40)

The following terms are defined for the purpose of this chapter:

“Customer” means the person responsible for paying for each water service account on the water enterprise’s water distribution system, both inside and outside the city limits.

“Domestic use” means any treated water used by a person for cooking, cleaning, bathing, washing clothes, drinking and sanitation.

“Efficient” means performing or conducting effectively with a minimum of waste, expense, or water use as set forth by the U.S. Environmental Protection Agency.

“New development” means any of the following construction projects that have not received a certificate of occupancy from the city or county building department prior to September 13, 1994, or that was issued a building permit and did not construct a foundation prior to September 13, 1994:

1. Any freestanding building that contains water-using fixtures;

2. Any floor area additions to existing nonresidential structures;

3. Any residential additions or remodeling that increases the number of independent living units.

“Person” means any individual, firm, partnership, association, corporation, company, organization or governmental agency.

“Retrofit” means to replace all toilets, showerheads and faucet aerators in the building not complying with the flow regulations as stated in this chapter.

“Ultra-low flush (ULF) toilet” means any toilet which meets or exceeds the current California Green Building Standards Code.

“Water” means any treated water that is supplied by the city’s water enterprise water distribution system unless otherwise indicated. (Ord. 16-13 § 5 (Att. 6); Ord. 04-2; Ord. 01-11 § 2; prior code § 18.41)

• A. All new development shall apply the following water use efficiency measures, as applicable:

  1. Installation of ultra-low flush (ULF) toilets, low flow showerheads and faucet aerators;

  2. Installation of water efficient hot water instantaneous dispensing systems;

  3. Installation of swimming pool covers.

Except as allowed in subsection B of this section, new development shall completely offset its water requirement by installing city-approved ULF toilets and associated water efficient hardware in a sufficient number of existing homes or nonresidential properties having toilets that use one and six-tenths gallons per flush or greater. The required retrofits shall be calculated as specified in the city’s water neutrality policy as adopted by council resolution and approved by the director of public works/city engineer.

B. If the city council determines that retrofitting of existing residential or nonresidential buildings is impractical or constitutes an unusual hardship on an applicant, it may authorize the payment to the city of an in-lieu retrofit fee in lieu of complying with the requirements of subsection A of this section. The in-lieu fee shall be the equivalent of the cost of retrofitting a sufficient number of existing homes with the ULF toilets and other required water-saving devices as described in subsection A of this section. The in-lieu fee shall also include the cost of staff time to accomplish the required retrofitting using the fees collected. The in-lieu fee will be established by resolution. The public works department is authorized to require retrofitting and not accept in-lieu retrofit fee, regardless of hardship, if it appears likely that existing home retrofitting prior to the expected occupancy by the new development can be completed. In the event that an in-lieu fee is accepted, the city will administer a rebate program to retrofit existing homes using the fees collected or may use the fees for another water use efficiency purpose as approved by the council. In-lieu fees must be paid upon issuance of a building permit. An applicant may petition the city council to allow an alternative innovative method of mitigating water use for new development.

C. All new development that is retrofitted with toilets shall also be retrofitted with the following water-saving devices that meet or exceed the current California Green Building Standards Code or successor regulations as applicable: showerheads, interior faucet aerators, urinals. Existing fixtures that currently meet the California Green Building Standards Code or successor regulations are not required to be replaced.

D. The developer shall be responsible for identifying residential or nonresidential properties eligible for retrofitting and verify to the department of public works that the required number of retrofits have been completed prior to the issuance of a certificate of occupancy. If the certificate of occupancy has been issued without completion of the retrofit requirement, in-lieu fees will be retained by the city. In-lieu fees will be maintained in a separate account and administered by the director of public works for water use efficiency program elements.

E. Nonresidential projects will have their water demand evaluated during the project review or use permit review stage by the director of public works. They will be required to mitigate their water demand through off-site retrofitting according to a schedule of water use factors.

F. All new development shall use toilets, associated flush-o-meter valves and urinals, if any, that meet or exceed current California Green Building Standards Code or successor regulations.

G. In the city, building permits, certificates of occupancy and/or water connections can be withheld pending compliance with these regulations. In the county, water service from the city of St. Helena water enterprise shall require a water agreement limiting water use and can be withheld pending compliance. (Ord. 16-13 § 5 (Att. 6); Ord. 04-2; Ord. 02-5 § 18; Ord. 01-11 § 2; prior code § 18.44. Formerly 13.12.050)

Residential remodeling will trigger a retrofit of the remodeled residence only if the remodeling involves work that would increase water use (determined by the director of public works), such as adding or remodeling a bathroom, adding a bedroom, granny unit, hot tub, spa, pool, or laundry. Remodeling that does not increase water use, such as reroofing, adding a family room, or increasing the size of a room would not trigger a retrofit unless the remodel exceeds twenty-five percent (25%) of the total valuation of the building as determined by the building official. (Ord. 16-13 § 5 (Att. 6); Ord. 04-2; Ord. 01-11 § 2; prior code § 18.45. Formerly 13.12.060)

Exceptions to the above allocations and prohibitions may be made for the protection of public health or safety or undue hardship. Any exceptions are subject to the following requirements and procedures:

• A. Any person who wishes to make an appeal shall do so in writing by using the form provided by the water department.

• B. The appeal shall be reviewed by the director of public works or his or her designee or designees.

• C. It must be shown that there are no alternatives to the use of city water and that all appropriate conservation measures are being used.

• D. Verification may be required of any condition/situation listed on the application for exception.

• E. The decision of the director of public works may be appealed to the city council within ten (10) days.

• F. The decision of the city council will be final. (Ord. 16-13 § 5 (Att. 6); Ord. 04-2; Ord. 01-11 § 2; prior code § 18.46. Formerly 13.12.070)

A. Every customer who has requested city water service is responsible for civil penalties for water waste whether or not the acts of water waste are committed by that person or third parties. The civil penalty may be reduced or discharged if the water waste was beyond the control of the customer and if all reasonable means had been previously taken to prevent water waste. All reasonable means includes, but is not limited to, securing hose bibs, written warnings to tenants or other water users, and amendments to rental agreements where permitted by the lease.

B. Every employer is responsible for civil penalties for acts of water waste committed by employees if the employer shows gross negligence.

C. Every property manager is responsible for civil penalties for acts of water waste resulting from irrigation prohibited by this chapter if the property manager shows gross negligence.

D. Every licensed contractor or development owner is liable for acts of water waste committed on the job site. (Ord. 16-13 § 5 (Att. 6); Ord. 04-2; Ord. 01-11 § 2; prior code § 18.47. Formerly 13.12.080)

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor. Each day such violation is committed or permitted to continue shall constitute a separate offense. (Ord. 16-13 § 5 (Att. 6); Ord. 04-2; Ord. 02-5 § 18; Ord. 01-11 § 2; prior code § 18.50. Formerly 13.12.100)

Remedies herein are not exclusive. In addition to the remedies set forth in this chapter, the remedies established by Section 18.04.130 are also available to the city. (Ord. 16-13 § 5 (Att. 6); Ord. 04-2; Ord. 01-11 § 2; prior code § 18.51)

A. The city council shall have the authority and discretion to take those actions it deems necessary and appropriate to determine the amount of water used by the city’s water users, and to verify and ensure compliance with the requirements of this chapter, including without limitation the authority, consistent with requirements of state and federal law, to designate a city council subcommittee to review customer water use data and documents. Council subcommittee members shall report their findings to the full city council, and, except as set forth in subsection B of this section, shall maintain the confidentiality of the water customers’ usage data and information.

B. Notwithstanding any other provision in this code, upon the referral from the subcommittee that there has been a violation of or noncompliance with an agreement for the provision of water by the city, or a city water usage policy, the city council may determine that a water customer has used services in a manner inconsistent with applicable local usage policies, and on that basis order disclosure of any water customer’s water usage data and information. (Ord. 19-3 § 3 (Exh. A); Ord. 19-1 § 3 (Exh. A))