2008-01 Adopting a Drought Response Conservation Program
ORDINANCE 2008-01
AN ORDINANCE OF SAN DIEGUlTO WATER DISTRICT ADOPTING A
DROUGHT RESPONSE CONSERVATION PROGRAM
WHEREAS, article 10, section 2 of the California Constitution declares that waters of the State
are to be put to beneficial use, that waste, unreasonable use, or unreasonable method of use of
water be prevented, and that water be conserved for the public welfare; and
WHEREAS, conservation of current water supplies and minimization of the effects of water
supply shortages that are the result of drought are essential to the public health, safety and
welfare; and
WHEREAS, regulation of the time of certain water use, manner of certain water use, design of
rates, method of application of water for certain uses, installation and use afwater-saving
devices, provide an effective and immediately available means of conserving water; and
WHEREAS, California Water Code sections 375 et seq. authorize water suppliers to adopt and
enforce a comprehensive water conservation program; and
WHEREAS, adoption and enforcement of a comprehensive water conservation program will
allow the SAN DIEGUlTO WATER DISTRICT to delay or avoid implementing measures such
as water rationing or more restrictive water use regulations pursuant to a declared water shortage
emergency as authorized by California Water Code sections 350 et seq.; and'
WHEREAS, San Diego County is a semi-arid region and local water resources are scarce. The
region is dependent upon imported water supplies provided by the San Diego County Water
Authority, which obtains a substantial portion of its supplies from the Metropolitan Water
District of Southern California. Because the region is dependent upon imported water supplies,
weather and other conditions in other portions of this State and of the Southwestern United
States affect the availability of water for use in San Diego County; and
WHEREAS, the San Diego County Water Authority has adopted an Urhan Water Management
Plan that includes water conservation as a necessary and effective component of the Water
Authority's programs to provide a reliable supply of water to meet the needs of the Water
Authority's 24 member puhlic agencies, including the SAN DIEGUlTO WATER DISTRICT.
The Water Authority's Urban Water Management Plan also includes a contingency analysis of
actions to be taken in response to water supply shortages. This ordinance is consistent with the
Water Authority's Urban Water Management Plan; and
WHEREAS, as anticipated by its Urban Water Management Plan, the San Diego County Water
Authority, in cooperation and consultation with its member public agencies, has adopted a
Drought Management Plan, which establishes a progressive program for responding to water
supply limitations resulting from drought conditions. This ordinance is intended to be consistent
with and to implement the Water Authority's Drought Management Plan; and
WHEREAS, the Water Authority's Drought Management Plan contains three stages containing
regional actions to be taken to lessen or avoid supply shortages. This ordinance contains drought
response levels that correspond with the Drought Management Plan stages; and
WHEREAS, the SAN DIEGUlTO WATER DISTRICT, due to the geographic and climatic
conditions within its territory and its dependence upon water imported and provided by the San
Diego County Water Authority. may experience shortages due to drought conditions, regulatory
restrictions enacted upon imported supplies and other factors. The SAN DIEGUITO WATER
DISTRICT has adopted an Urban Water Management Plan that includes water conservation as a
necessary and effective component of its programs to provide a reliable supply of water to meet
the needs of the public within its service territory. The SAN DIEGUITO WATER DISTRICT
Urban Water Management Plan also includes a contingency analysis of actions to be taken in
response to water supply shortages. This ordinance is consistent with the Urban Water
Management Plan adopted by the SAN DIEGUITO WATER DISTRICT; and
WHEREAS the water conservation measures and progressive restrictions on water use and
method of use identified by this ordinance provide certainty to water users and enable SAN
DIEGUITO WATER DISTRICT to control water use, provide water supplies, and plan and
implement water management measures in a fair and orderly manner for the benefit of the public.
NOW, THEREFORE, the Board of Directors of SAN DIEGUlTO WATER DISTRICT does
ordain as follows:
SECTION 1.0
DECLARATION OF NECESSITY AND INTENT
(a) TIris ordinance establishes water management requirements necessary to conserve
water, enable effective water supply planning, assure reasonable and beneficial use of water, prevent
waste of water, prevent unreasonable use of water, prevent unreasonable method of use of water
within the SAN DIEGUITO WATER DISTRICT in order to assure adequate supplies of water to
meet the needs of the public, and further the public health, safety, and welfare, recognizing that water
is a scarce natural resource that requires careful management not only in times of drought, but at all
times.
(b) This ordinance establishes regulations to be implemented during lhnes of declared
water shortages, or declared water shortage emergencies. It establishes four levels of drought
response actions to be implemented in times of shortage, with increasing restrictions on water use in
response to worsening drought conditions and decreasing available supplies.
(c) Level I condition drought response measures are voluntary and will be reinforced
through local and regional public education and awareness measures that may be funded in part
by SAN DIEGUITO WATER DISTRICT. During drought response condition Levels 2 through
4, all conservation measures and water-use restrictions are mandatory and become increasingly
restrictive in order to attain escalating conservation goals.
(d) During a Drought Response Level 2 condition or higher, the water conservation
measures and water use restrictions established by this ordinance are mandatory and violations
are subject to criminal, civil. and administrative penalties and remedies specified in this
ordinance and as provided in SAN DIEGUITO WATER DISTRICT Administrative or
Municipal Code.
SECTION 2.0
DEFINITIONS
(a) The following words and phrases whenever used in this chapter shall have the
meaning defined in this section:
1. "Grower" refers to those engaged in the growing or raising, in confonnity
with recognized practices of husbandry, for the purpose of commerce, trade, or industry,
or for use by public educational or correctional institutions, of agricultural, horticultural
or floricultural products, and produced: (1) for human consumption or for the market, or
(2) for the feeding affowl or livestock produced for human consumption or for the
market, or (3) for the feeding of fowl or livestock for the purpose of obtaining their
products for human consumption or for the market. "Grower" does not refer to
customers who purchase water subject to the Metropolitan Interim Agricultural Water
Program or the Water Authority Special Agricultural Rate programs.
2. "Water Authority" means the San Diego County Water Authority.
3. "DMP" means the Water Authority's Drought Management Plan in
existence on the effective date of this ordinance and as readopted or amended from time
to time, or an equivalent plan of the Water Authority to manage or allocate supplies
during shortages.
4.
California.
"Metropolitan" means the Metropolitan Water District of Southern
5. "Person" means any natural person, corporation, public or private entity,
public or private association, public or private agency, government agency or institution,
school district, college, university, or any other user of water provided by the SAN
DIEGUITO WATER DISTRICT.
SECTION 3.0
APPLICATION
(a) The provisions of this ordinance apply to any person in the use of any water
provided by the SAN DIEGUITO WATER DISTRICT.
(b) This ordinance 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.
(c) Nothing in this ordinance is intended to affect or limit the ability of the SAN
DIEGUITO WATER DISTRICT to declare and respond to an emergency, including an
emergency that affects the ability of the SAN DIEGUITO WATER DISTRICT to supply water.
(d) The provisions of this ordinance do not apply to use of water from private wells
or to recycled water.
(e) Nothing in this ordinance shall apply to use of water that is subject to a special
supply program, such as the Metropolitan Interim Agricultural Water Program or the Water
Authority Special Agricultural Rate programs. Violations of the conditions of special supply
programs are subject to the penalties established under the applicable program. A person using
water subject to a special supply program and other water provided by the SAN DIEGUITO
WATER DISTRICT is subject to this ordinance in the use of the other water.
SECTION 4.0
WATER WASTE PROHIBITION
(a) Prohibitions - In accordance with California Urban Water Conservation Council Best
Management Practice 13, the SAN DIEGUITO WATER DISTRICT prohibits gutter flooding,
single pass cooling systems in new connections, non-recirculating systems in all new conveyer
car wash and commercial laundry systems, and non-recycling decorative water fountains.
(b) Water Softeners - The SAN DIEGUITO WATER DISTRICT shall support efforts to
develop state law regarding exchange-type water softeners that would: (1) allow the sale of only
more efficient, demand-initiated regenerating (DIR) models; (2) develop minimum appliance
efficiency standards that (a) increase the regeneration efficiency standard to at least 3,350 grains
of hardness removed per pound of common salt used; and (b) implement an identified maximum
number of gallons discharged per gallon of soft water produced; (3) allow local agencies,
including municipalities and special districts, to set more stringent standards and/or to ban on-
site regeneration of water softeners if it is demonstrated and found by the agency governing
board that there is an adverse effect on the re-claimed water or groundwater supply.
(c) Water Audits - The SAN DIEGUITO WATER DISTRICT shall include water softener
checks in home water audit programs and include information about DIR and exchange-type
water softeners in their educational efforts to encourage replacement of less efficient timer
models.
(d) Unreasonable Use - At no time shall water be wasted or used unreasonably.
Unreasonable uses of water shall include, but are not limited to the following practices:
1. Failure to repair a water leak after notification from the District and
opportunity to do so.
2. Failure to stop water waste resulting from conditions such as inefficient
landscape irrigation excessive runoff, low head drainage, overspray of water flows onto
non-targeted areas, overspray of water flows onto adjacent property, overspray and water
flow onto non-irrigated areas, overspray and water flow onto roadways and adjacent
structures.
SECTION 5.0 DROUGHT RESPONSE LEVEL 1 - DROUGHT WATCH
CONDITION
(a) A Drought Response Levell condition is also referred to as a "Drought Watch"
condition. A Level 1 condition applies when the Watee Authority notifies its member agencies
that due to drought or other supply reductions, there is a reasonable probability there will be
supply shortages and that a consumer demand reduction of up to 10 percent is required in order
to ensure that sufficient supplies will be available to meet anticipated demands. The General
Manager shall declare the existence of a Drought Response Level 1 and take action to implement
the Level 1 conservation practices identified in this ordinance.
(b) During a Levell Drought Watch condition, SAN DIEGUITO WATER
DISTRICT will increase its public education and outreach efforts to emphasize increased public
awareness of the need to implement the following water conservation practices. These water
conservation practices become mandatory if SAN DIEGUlTO WATER DISTRICT declares a
Level 2 Drought Alert condition:
1. Stop washing down paved surfaces, including but not limited to sidewalks,
driveways, parking lots, tennis courts, or patios, except when it is necessary to alleviate
safety or sanitation hazards.
2. Stop water waste resulting from inefficient landscape irrigation, such as
runoff, low head drainage, or overspray, etc. Similarly, stop water flows onto non-
targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or
structures.
3.
p.m. only.
Irrigate residential and commercial landscape before 8 a.m. and after 6
4. Use a hand-held hose equipped with a positive shut-off nozzle or bucket to
water landscaped areas, including trees and shrubs located on residential and commercial
properties that are not irrigated by a landscape irrigation system.
5. Irrigate nursery and commercial grower's products before 10 a.m. and
after 6 p.m. only. Watering is permitted at any time with a hand-held hose equipped with
a positive shut-off nozzle, a bucket, or when a drip/micro-irrigation system/equipment is
used. Irrigation of nursery propagation beds is permitted at any time. Watering of
livestock is permitted at any time.
6. Use re-circulated water to operate ornamental fountains.
7. Wash vehicles using a bucket and a hand-held hose with positive shut-off
nozzle, mobile high pressurellow volume wash system, or at a commercial site that re-
circulates (reclaims) water on-site. Avoid washing during hot conditions when additional
water is required due to evaporation.
8. Serve and refill water in restaurants and other food service establishments
only upon request.
9. Offer guests in hotels, motels, and other commercial lodging
establishments the option of not laundering towels and linens daily.
10.
available.
Use recycled or non-potable water for construction purposes when
(c) During a Drought Response Level 2 condition or higher, all persons shall be
required to implement the conservation practices established in a Drought Response Levell
condition.
SECTION 6.0
DROUGHT RESPONSE LEVEL 2-DROUGHT ALERT
CONDITION
(a) A Drought Response Level 2 condition is also referred to as a "Drought Alert"
condition. A Level 2 condition applies when the WateT Authority notifies its member agencies
that due to cutbacks caused by drought or other reduction in supplies, a consumer demand
reduction cfup to 20 percent is required in order to have sufficient supplies available to meet
anticipated demands. The SAN DIEGUITO WATER DISTRICT Board of Directors shall
declare the existence of a Drought Response Level 2 condition and implement the mandatory
Level 2 conservation measures identified in this ordinance.
(b) All persons using SAN DIEGUITO WATER DISTRICT water shall comply with
Levell Drought Watch water conservation practices during a Level 2 Drought Alert, and shall
also comply with the following additional conservation measures:
I. Limit residential and commercial landscape irrigation to no more than
three (3) assigned days per week on a schedule established by the General Manager and
posted by the SAN DIEGUlTO WATER DISTRICT. During the months of November
through May, landscape irrigation is limited to no more than once per week on a schedule
established by the General Manager and posted by the SAN DIEGUITO WATER
DISTRICT. This section shall not apply to commercial growers or nurseries.
2. Limit lawn watering and landscape irrigation using sprinklers to no more
than ten (10) minutes per watering station per assigned day. lbis provision does not
apply to landscape irrigation systems using water efficient devices, including but not
limited to: weather based controllers, drip/micro.irrigation systems and stream rotor
sprinklers.
3. Water landscaped areas, including trees and shrubs located on residential
and commercial properties, and not irrigated by a landscape irrigation system governed
by section 6 (b) (1), on the same schedule set forth in section 6 (b) (I) by using a bucket,
hand-held hose with positive shut-off nozzle, or low-volume non-spray irrigation.
4. Repair all leaks within seventy-two (72) hours of notification by the SAN
DIEGUlTO WATER DISTRICT unless other arrangements are made with the General
Manager.
5. Stop operating ornamental fountains or similar decorative water features
unless recycled water is used.
(c) Upon declaration by the Board of Directors ofa Drought Response Level 2
condition, SAN DIEGUITO WATER DISTRICT will suspend consideration of annexations to
its service area.
(d) Upon the declaration of a Drought Response Level 2 condition, no new potable
water service shall be provided, no new temporary meters or permanent meters shall be provided,
and no statements of immediate ability to serve or provide potable water service (such as, will
serve letters, certificates, or letters of availability) shall be issued, except under the following
circumstances:
1. A valid, unexpired building permit has been issued for the project; or
2. The project is necessary to protect the public's health, safety, and welfare;
or
3. The applicant provides substantial evidence of an enforceable commitment
that water demands for the project will be offset prior to the provision of a new water
meter(s) to the satisfaction of SAN DIEGUITO WATER DISTRICT.
This provision shall not be construed to preclude the resetting or tum-on of meters to provide
continuation of water service or to restore service that has been interrupted for a period of one
year or less.
(e) SAN DIEGUITO WATER DISTRICT may establish a water allocation for
property served by the SAN DIEGUITO WATER DISTRICT using a method that does not
penalize persons for the previous implementation of conservation methods or the installation of
water-saving devices. If the SAN DIEGUITO WATER DISTRICT establishes water allocation
it shall provide notice of the allocation by including it in the regular billing statement for the fee
or charge or by any other mailing to the address to which the SAN DIEGUITO WATER
DISTRICT customarily mails the billing statement for fees or charges for on-going water
service. The District is not required to comply with Proposition 218 to impose fines on persons
using water in violation of District restrictions on water use or in passing through penalties
levied upon the District by Metropolitan as a result of excessive use by some District customers.
Following the effective date of the water allocation as established by the SAN DIEGUITO
WATER DISTRICT, any person that uses water in excess of the allocation shall be subject to a
penalty in the amount of twice the Metropolitan Tier 2 rate if under 115% of the allocation and
four times the Metropolitan Tier 2 rate if over 115% in excess of the allocation. The penalty for
excess water usage shall be cumulative to any other remedy or penalty that may be imposed for
violation of this ordinance.
SECTION 7.0 DROUGHT RESPONSE LEVEL 3 - DROUGHT CRITICAL
CONDITION
(a) A Drought Response Level 3 condition is also referred to as a "Drought Critical"
condition. A Level 3 condition applies when the Water Authority notifies its member agencies
that due to increasing cutbacks caused by drought or other reduction of supplies, a consumer
demand reduction of up to 40 percent is required in order to have sufficient supplies available to
meet anticipated demands. The SAN DIEGUITO WATER DISTRICT Board of Directors shall
declare the existence of a Drought Response Level 3 condition and implement the Level 3
conservation measures identified in this ordinance.
(b) All persons using SAN DIEGUITO WATER DISTRICT water shall comply with
Levell Drought Watch and Level 2 Drought Alert water conservation practices during a Level 3
Drought Critical condition and shall also comply with the following additional mandatory
- conservation measures:
1. Limit residential and commercial landscape irrigation to no more than two
(2) assigned days per week on a schedule established by the General Manager and posted
by the [AGENCY]. During the months of November through May, landscape irrigation
is limited to no more than once per week on a schedule established by the General
Manager and posted by the SAN DIEGUITO WATER DISTRICT. This section shall not
apply to commercial growers or nurseries.
2. Water landscaped areas, including trees and shrubs located on residential
and commercial properties, and not irrigated by a landscape irrigation system governed
by section 6 (b) (I), on the same schedule set forth in section 6 (b) (I) by using a bucket.
hand-held hose with a positive shut-off nozzle, or low-volume non-spray irrigation.
3. Stop filling or re-fillingomamentallakes or ponds, except to the extent
needed to sustain aquatic life, provided that such animals are of significant value and
have been actively managed within the water feature prior to declaration of a drought
response level under this ordinance.
4. Stop washing vehicles except at commercial carwashes that re-circulate
water, or by high pressure/low volume wash systems.
5. Repair all leaks within forty-eight (48) hours of notification by the SAN
DIEGUITO WATER DISTRICT unless other arrangements are made with the
General Manager.
(c) SAN DIEGUlTO WATER DISlRICT may establish a water allocation for
property served by the SAN DIEGUlTO WATER DISTRICT using a method that does not
penalize persons for the previous implementation of conservation methods or the installation of
water-saving devices. If the SAN DIEGUlTO WATER DISlRICT establishes a water
allocation it shall provide notice of the allocation by including it in the regular billing statement
for the fee or charge or by any other mailing to the address to which the SAN DIEGUITO
WATER DISTRICT customarily mails the billing statement for fees or charges for on-going
water service. The District is not required to comply with Proposition 218 to impose fines on
persons using water in violation of District restrictions on water use or in passing through
penalties levied upon the District by Metropolitan as a result of excessive use by some District
customers. Following the effective date of the water allocation as established by the SAN
DIEGUITO WATER DISTRICT, any person that uses water in excess of the allocation shall be
subject to a penalty in the amount of twice the Metropolitan Tier 2 rate if under 115% of the
allocation and four times the Metropolitan Tier 2 rate if over 115% in excess of the allocation.
The penalty for excess water usage shall be cumulative to any other remedy or penalty that may
be imposed for violation of this ordinance.
SECTION 8.0
DROUGHT RESPONSE LEVEL 4 - DROUGHT EMERGENCY
CONDITION
(a) A Drought Response Level 4 condition is also referred to as a "Drought
Emergency" condition. A Level 4 condition applies when the Water Authority Board of
Directors declares a water shortage emergency pursuant to California Water Code section 350
and notifies its member agencies that Level 4 requires a demand reduction of more than 40
percent in order for the SAN DIEGUITO WATER DISTRICT to have maximum supplies
available to meet anticipated demands. The SAN DIEGUlTO WATER DISTRICT shall declare
a Drought Emergency in the marmer and on the grounds provided in California Water Code
section 350.
(b) All persons using SAN DlEGUlTO WATER DISTRICT water shall comply with
conservation measures required during Levell Drought Watch, Level 2 Drought Alert, and
Level 3 Drought Critical conditions and shall also comply with the following additional
mandatory conservation measures:
I. Stop all landscape irrigation, except crops and landscape products
of commercial growers and nurseries. This restriction shall not apply to the following
categories of use unless the SAN DIEGUlTO WATER DISTRICT has determined that
recycled water is available and may be lawfully applied to the use.
A. Maintenance of trees and shrubs that are watered on the same
schedule set forth in section 6 (b) (I) by using a bucket, hand-held hose with a
positive shut-off nozzle, or low-volume non-spray irrigation;
B. Maintenance of existing landscaping necessary for fire protection
as specified by the Fire Marshal of the local fire protection agency having
jurisdiction over the property to be irrigated;
C. Maintenance of existing landscaping for erosion control;
D. Maintenance of plant materials identified to be rare or essential to
the well being of rare animals;
E. Maintenance of landscaping within active public parks and playing
fields, day care centers, school grounds, cemeteries, and golf course greens,
provided that such irrigation does not exceed two (2) days per week according to
the schedule established under section 6 (b) (I);
F. Watering of livestock; and
G. Public works projects and actively irrigated environmental
mitigation projects.
2. Repair all water leaks within twenty-four (24) hours of notification by the
SAN DIEGUlTO WATER DISTRICT unless other arrangements are made with the
General Manager.
(c) SAN DIEGUITO WATER DISTRICT may establish a water allocation for
property served by the SAN DIEGUITO WATER DISTRICT using a method that does not
penalize persons for the previous implementation of conservation methods or the installation of
water-saving devices. If the SAN DIEGUlTO WATER DISTRICT establishes a water
allocation it shall provide notice of the allocation by induding it in the regular billing statement
for the fee or charge or by any other mailing to the address to which the SAN DIEGUITO
WATER DISTRICT customarily mails the billing statement for fees or charges for on-going
water service. The District is not required to comply with Proposition 218 to impose fines on
persons using water in violation of District restrictions on water use or in passing through
penalties levied upon the District by Metropolitan as a result of excessive use by some District
customers. Following the effective date of the water allocation as established by the SAN
DIEGUITO WATER DISTRICT, any person that uses water in excess of the allocation shall be
subject to a penalty in the amount of twice the Metropolitan Tier 2 rate if under 115% of the
allocation and four times the Metropolitan Tier 2 rate if over 115% in excess of the allocation.
The penalty for excess water usage shall be cumulative to any other remedy or penalty that may
be imposed for violation of this ordinance.
SECTION 9.0 CORRELATION BETWEEN DROUGHT MANAGEMENT
PLAN AND DROUGHT RESPONSE LEVELS
(a) The correlation between the Water Authority's DMP stages and the SAN
DIEGUITO WATER DISTRICT drought response levels identified in this ordinance is
described herein. Under DMP Stage I, the SAN DIEGUITO WATER DISTRICT would
implement Drought Response Levell actions. Under DMP Stage 2, the SAN DIEGUITO
WATER DISTRICT would implement Drought Response Levell or Level 2 actions. Under
DMP Stage 3. the SAN DIEGUlTO WATER DISTRICT would implement Drought Response
Level 2, Level 3, or Level 4 actions.
(b) The drought response levels identified in this ordinance correspond with the Water
Authority DMP as identified in the following table:
Drought Response Levels Use Conservation Target DMPStage
Restrictions
I-Drou tWatch Voluntarv Up to 100/0 Stage 1 or2
2 -Drou tAlert Mandatory Uo to 200/0 Staee 2 or 3
3 -Drou tCritical Mandatorv Un to 40010 Stage 3
4 - Drou t Emergency Mandatory Above 40% Stage 3
SECTION 10.0 PROCEDURES FOR DETERMiNATION AND
NOTIFICATION OF DROUGHT RESPONSE LEVEL
(a) The existence of a Drought Response Levell condition may be declared by the
General Manager upon a written detennination of the existence of the facts and circumstances
supporting the detennination. A copy of the written detennination shall be filed with the Clerk
or Secretary of the SAN DlEGUlTO WATER DISTRICT and provided to the SAN DlEGUITO
WATER DISTRICT Board of Directors. The General Manager may publish a notice of the
determination of existence of Drought Response Levell condition in one or more newspapers,
including a newspaper of general circulation within the SAN DlEGUITO WATER DISTRICT.
The SAN DlEGUlTO WATER DISTRICT may also post notice of the condition on their
website.
(b) The existence of Drought Response Level 2 or Level 3 conditions may be
declared by resolution of the SAN DlEGUITO WATER DISTRICT Board of Directors adopted
at a regular or special public meeting held in accordance with State law. The mandatory
conservation measures applicable to Drought Response Level 2 or Level 3 conditions shall take
effect on the tenth (10) day after the date the response level is declared. Within five (5) days
following the declaration of the response level, the SAN DlEGUlTO WATER DISTRICT shall
publish a copy of the resolution in a newspaper used for publication of official notices.
(c) The existence of a Drought Response Level 4 condition may be declared in
accordance with the procedures specified in California Water Code sections 351 and 352. The
mandatory conservation measures applicable to Drought Response Level 4 conditions shall take
effect on the tenth (10) day after the date the response level is declared. Within five (5) days
following the declaration of the response level, the SAN DlEGUITO WATER DISTRICT shall
publish a copy of the resolution in a newspaper used for publication of official notices. If the
SAN DlEGUITO WATER DISTRICT establishes a water allocation, it shall provide notice of
the allocation by including it in the regular billing statement for the fee or charge or by any other
mailing to the address to which the SAN DlEGUITO WATER DISTRICT customarily mails the
billing statement for fees or charges for on-going water service. Water allocation shall be
effective on the fifth (5) day following the date of mailing or at such later date as specified in the
notice.
(d) The SAN DlEGUlTO WATER DISTRICT Board of Directors may declare an
end to a Drought Response Level by the adoption of a resolution at any regular or special
meeting held in accordance with State law.
SECTION 11.0
HARDSHIP VARIANCE
(a) If, due to unique circumstances, a specific requirement of this ordinance would
result in undue hardship to a person using agency water or to property upon which agency water
is used, that is disproportionate to the impacts to SAN DIEGUITO WATER DISTRICT water
users generally or to similar property or classes of water uses, then the person may apply for a
variance to the requirements as provided in this section.
(b) The variance may be granted or conditionally granted, only upon a written finding
of the existence of facts demonstrating an undue hardship to a person using agency water or to
property upon with agency water is used, that is disproportionate to the impacts to SAN
DIEGUITO WATER DISTRICT 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 variance shall be a form prescribed by
SAN DIEGUlTO WATER DISTRICT and shall be accompanied by a non-refundable
processing fee in an amount set by resolution of the SAN DIEGUITO WATER
DISTRICT Board of Directors.
2. Supporting Documentation. The application shall be accompanied by
photographs, maps, drawings, and other information, including a written statement of the
applicant.
3. Required Findings for Variance. An application for a variance shall be
denied unless the approving authority 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 SAN
DIEGUITO WATER DISTRICT. all of the following:
A. That the variance does not constitute a grant of special privilege
inconsistent with the limitations upon other SAN DIEGUlTO WATER DISTRICT
customers.
B. That because of special circumstances applicable to the property or its use,
the strict application of this ordinance would have a disproportionate impact on the
property or use that exceeds the impacts to customers generally.
c. That the authorizing of such variance will not be of substantial detriment
to adjacent properties. and will not materially affect the ability of the SAN DIEGUITO
WATER DISTRICT to effectuate the purpose of this chapter and will not be detrimental
to the public interest.
D. That the condition or situation of the subject property or the intended use
of the property for which the variance is sought is not common, recurrent or general in
nature.
4. Approval Authority. The General Manager shall exercise initial approval
authority and act upon any completed variance application with supporting evidence no
later than 10 days after submittal and may approve, conditionally approve, or deny the
variance. Any variance may be denied, conditionally approved or approved as
determined by the General Manager in his or her sole discretion. The applicant requesting
the variance shall be promptly notified in writing of any action taken. Unless specified
otherwise at the time a variance is approved, the variance applies to the subject property
during the term of the mandatory drought response.
5. Appeals to SAN DIEGUITO WATER DISTRICT Board of Directors. Ao
applicant may appeal a decision or condition of the General Manager on a variance
application to the SAN DIEGUlTO WATER DISTRICT Board of Directors within 10
days of the decision upon written request for a hearing. The request shall state all
grounds for the appeal and shall include all evidence or documents provided to the
General Manager to support the variance request. The failure to appeal the decision, in
writing, to the Board of Directors within ten (10) consecutive days of the decision by the
General Manager shall bar and waive all further appeals to the Board and result in the
decision of the Gen.eral Manager becoming final and non-appealable. At a public
meeting, the SAN DIEGUITO WATER DISTRICT Board of Directors shall act as the
approval authority and review the appeal de novo by following the regular variance
procedure. The Board of Directors of San Dieguito retains broad discretion in denying,
approving or conditionally approving any variance request. Nothing contained in this
ordinance shall be construed as requiring the Board of Directors to grant any variance
request. The Board of Directors of San Dieguito shall have the right to deny any variance
request in the sole discretion of the Board of Directors of San Dieguito. The decision of
the SAN DIEGUITO WATER DISTRICT Board of Directors is final. The record of
proceedings shall consist solely of those documents and records submitted by the
applicant to the General Manager to support the variance request, any studies, reports,
evaluations, or determinations made by the General Manager and any final determination
by the Board of Directors of San Dieguito. No new evidence or information shall be
submitted by any variance applicant to the Board of Directors of San Dieguito not
previously presented to the General Manager prior to the General Manager's decision on
the variance request.
SECTION 12.0
VIOLATIONS AND PENALTIES
(a) Any person, who uses, causes to be used, or permits the use of water in violation
of this ordinance is guilty of an offense punishable as provided herein.
(b) Each day that a violation of this ordinance occurs is a separate offense.
(c) Administrative fines may be levied for each violation ofa provision of this
ordinance as follows:
1. A warning will be issued at the sole discretion of the General Manager for
the first violation within the current twelve-month period from the most recent
violation.
2. The customer will be fined one hundred dollars for a second violation
within the current twelve-month period from the most recent violation.
3. The customer will be fined two hundred dollars for a third violation within the
current twelve-month period from the most recent violation..
4. The customer will be fined five hundred dollars for each additional
violation of this ordinance within the current twelve-month period from the
most recent violation.
(d) Any violation ofa provision of this ordinance is subject to enforcement through
installation of a flow-restricting device in the meter. Reinstatement of nonnal flow will be
considered by the General Manager upon review of evidence or documents which outline steps
taken by customer to correct the violation. The General Manager may approve, conditionally
approve or deny the removal of the flow-restricting device.
(e) Each violation of this ordinance may be prosecuted as a misdemeanor punishable
by imprisorunent in the county jail for not more than thirty (30) days or by a fine not exceeding
$1,000, or by both as provided in Water Code section 377.
(f) Willful violations of the mandatory conservation measures and water use
restrictions as set forth in Section 7.0 and applicable during a Level 4 Drought Emergency
condition may be enforced by discontinuing service to the property at which the violation occurs
as provided by Water Code section 356.
(g) All remedies provided for herein shall be cumulative and not exclusive.
SECTION 13.0
EFFECTIVE DATE
This ordinance is effective immediately upon adoption as provided in Water Code Section 376.
This ordinance shall be published one time in a newspaper of general circulation within the SAN
DIEGUITO WATER DISTRICT within ten (10) days of adoption as provided in Water code
Section 376.
PASSED, APPROVED AND ADOPTED this 27th of August, 2008, by the following vote:
A YES: Barth, Bond, Dalager, Houlihan, Stocks.
NAYS: None.
ABSTAIN: None.
ABSENT:
None.
"'
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Maggi~. President
San Dieguito Water District
~~ ---
Phil Cotton, Secretary
The Coast News
Decreed A Legal Newspaper by the Superior Court
of San Diego County.
Mail all correspondence regarding public
notice advertising to
The Coast News, P.O. Box 232-550,
Encinitas, CA 92023 (760) 436-9737
Proof of Publication
STATE OF CALIFORNIA, 5S.
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the
county aforesaid~
I am over the age of eighteen years, and not a party to or
interested in the above entitled matter.
I am principal clerk of the printer of The Coast News, a
newspaper printed and published weekly and which news-
paper has been adjudged a newspaper of general circulation
for the cities of Del Mar, Solana Beach, Encinitas/Cardiff,
Carlsbad, Oceanside, San Marcos/Vista and the County
Judicial District by the Superior Court of the State of
California, Couoty of San Diego (8/4/94, #677114. 82393,
P396); and that the notice, of which the annexed is a print-
ed copy, has been published in, each regular and entire issue
of said newspaper and not in any supplement thereof on the
following dates, to-wit:
September. 5. 2008
I certify under penalty of perjury that the
foregoing is true and correct. Executed at
Encinitas, County of San Diego, State of
California on the 5th day of September, 2008.
Vtp-{AI/U. /'~
Clerk of the Pnnter
Space above for County Clerk's Filing Stamp