1 Vernice Hankins
From: Paula Larmore <[email protected]>
Sent: Tuesday, March 8, 2022 2:01 PM
To: councilmtgitems; Christine Parra; Sue Himmelrich; Kristin McCowan; Phil Brock; Oscar de la Torre; Gleam Davis; Lana Negrete
Cc: David White; Alex Waite; Sunny Wang; Susan Cola; David Martin; Jing Yeo; C.J. Laffer Subject: Agenda Item 7.C: Recycled Water Ordinance Clarifications and Revisions Attachments: Recycled Water Ordinance.red2020.03.08red.docx
EXTERNAL
Dear Councilmembers,
I am writing with respect to the proposed Recycled Water Ordinance. The proposed Recycled Water Ordinance requires the mandatory use of recycled water starting in January 1, 2023 for new development (7,500 sf or greater). Because the SWIP project hasn’t yet been completed and the City’s existing recycled water lines are located in limited areas of the City, we respectfully request that you modify the ordinance before adoption as follows:
1. Confirm that the mandatory use of recycled water will become effective January 1, 2023, or later if the recycled water facilities aren’t ready for use by January 1, 2023. Because the SWIP project hasn’t been completed yet, this clarification is important.
2. Clarify that new development in the recycled water service area is only required to utilize the recycled water if/when the recycled water infrastructure is built in a public street/alley adjacent to the project site. The proposed recycled water service area covers many properties that are several blocks from the current recycled water line. It would be a substantial burden (and likely unfeasible) for many new developments to bear the cost of extending the recycled water infrastructure for several blocks to their project site. This additional cost would be another potential constraint on housing production that would need to be studied.
3. Clarify that construction activities are not one of the mandatory “surface irrigation” applications for new development subject to the recycled water requirements. Recycled water will likely not be available at new development sites until after construction is complete, and therefore, it would not be feasible to use recycled water for the new development’s construction activities.
4. Clarify the specific dual plumbing applications that are mandatory. The draft Guidelines have a specific list of dual‐plumbing applications (see Guidelines pages 6‐7); however, the draft Ordinance’s definition of “dual‐ plumbing application” is opened ended ‐‐ “and/or other allowable applications specified by Title 22 of California’s Code of Regulations provided approval is obtained from DDW and LACDPH.” The Ordinance should provide certainty and should be clear on which specific dual‐plumbing applications are mandatory so that architects and applicants are clear on the requirement.
5. Clarify that the January 1, 2023 applicability date is for new planning entitlement applications filed after that date.
6. Because the Recycled Water Ordinance obligates the applicant to obtain approvals from the County and potentially other agencies but the City has no control of these other agencies and their timelines for review, the ordinance should provide the Building Officer with the authority to grant additional extensions of the City’s plan check application expiration if delays are due to obtaining approval from outside agencies for the recycled water plumbing system.
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2 Thank you for your consideration.
Paula
Paula J. Larmore | Attorney at Law
1250 Sixth Street, Suite 200 | Santa Monica, CA 90401
O: (310) 656‐4311 | [email protected]
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1 Proposed Revisions to Draft Recycled Water Ordinance
1. Revise Section 7.12.170(a) as follows:
“(a) Recycled Water Use. Effective January 1, 2023, or as soon thereafter as it becomes available for distribution while also meeting the requirements of all governing regulatory agencies, rRecycled water shall be used for new development located within the City’s recycled water service area in-lieu of potable water for all approved uses consistent with all applicable federal, state, and local laws effective January 1, 2023.”
2. Revise Section 7.12.170(c) as follows:
“(c) Applicability for mandatory recycled water use. All new development (i) within the recycled water service area that is located on a parcel that shares a property line with a public street or alley improved with an existing and operating recycled water line and (ii) with a total new floor area of 7,500 square feet or more shall be required to utilize 100 percent recycled water, as and when available, for surface irrigation, not including for construction activities, and/or dual-plumbing applications specified in the Guidelines.”
3. Clarify Section 7.12.170(d)(4) as follows:
“(4) New development with a planning entitlement application determined complete before January 1, 2023.”
4. Clarify Section 7.12.170(e)(1) as follows:
“(1) Departmental standards, forms, and other regulations. The City’s Department of Public Works, Water Resources Division shall develop the Guidelines, including administrative standards, policies, procedures, and technical details, to carry out the purposes of this Section. The Guidelines shall be compiled in a separate document referred to as the Santa Monica Recycled Water Use Guidelines, Policy, and Procedures on file in the office of the Water Resources Division and posted on the City’s Water Resources Division website. The City shall regularly maintain and update the Guidelines with public notice and an opportunity for the public to comment.”
5. Modify Section 7.12.170(f)(2) as follows:
“(2) Conditional approval for use of recycled water. Applicant shall receive conditional approval for use of recycled water from LACDPH.
LACDPH may also require the applicant receive conditional approval for use of recycled water from DDW according to the Guidelines. Applicant shall be responsible for filing required application(s) for recycled water service pursuant to this Section with LACDPH and DDW. Application requirements Item 7.C
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2 shall be pursuant to the Guidelines and as required by all applicable regulatory bodies. The City will not file applications to LACDPH and DDW on behalf of the applicant. The City will not issue a building permit until the necessary approvals or conditional approvals are obtained from LACDPH.
The Building Officer may grant additional extensions of the one-year time period for plan check beyond those already set forth in SMMC Section
8.08.060(i) if the Applicant demonstrates that delays in obtaining approval of the recycled water system from LACDPH, DDW or the City resulted in delay of building permit issuance.”
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