2009-01 Adopting Drought Response Conservation ProgramORDINANCE 2009 -01
AN ORDINANCE OF THE BOARD OF DIRECTORS
OF THE SAN DIEGUITO WATER DISTRICT
ADOPTING DROUGHT RESPONSE CONSERVATION PROGRAM
WHEREAS, San Dieguito Water District, as an irrigation district organized and operating under
the California Irrigation District Law, (Water Code Section 20500 et seq.); and
WHEREAS, San Dieguito Water District posted the Agenda notice for the Board of Director's
meeting on October 28, 2009, to consider Adopting a Drought Response Conservation Program
establishing a comprehensive water conservation program; and
WHEREAS, the Board of Directors considered the Drought Response Conservation Program and
heard the comments of interested persons at the meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED, DETERMINED, AND ORDERED by
the Board of Directors of the San Dieguito Water District as follows:
Section 1. The matters set forth in the Recitals to this Ordinance are true and correct
statements.
Section 2. This Ordinance was introduced at a regularly scheduled Board meeting on
October 28, 2009.
Section 3. Article 29 of the District's Administrative Code, as shown in Exhibit "A"
is hereby adopted.
Section 4. This Ordinance shall take effect immediately.
PASSED, ADOPTED AND APPROVED this 28`h day of October 2009, by the following vote:
AYES: Barth, Bond, Dalager, Houlihan, Stocks.
NAYS: None.
ABSTAIN: None.
ABSENT: None. J
Dan Dalager
Board President
ATTEST AND CERTIFICATION:
I hereby certify that this is a true and correct copy of Ordinance 2009 -01 which has been published
p uant to
3
F
Deborah Cervone, City Oer k
— 54 —
EXHIBIT `A'
ARTICLE 29. - DROUGHT RESPONSE CONSERVATION PROGRAM
Article 10, Section 2 of the California Constitution declares that water 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
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
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 of water - saving devices, provide an
effective and immediately available means of conserving water; and
California Water Code Sections 375 et seq. authorize water suppliers to adopt and enforce a
comprehensive water conservation program; and
Adoption and enforcement of a comprehensive water conservation program will allow the SAN
DIEGUITO 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
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
San Diego County Water Authority has adopted an Urban 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 public
agencies, including the SAN DIEGUITO 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
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
29 -1
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
The SAN DIEGUITO 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
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.
Sec 29.1 Declaration Of Necessity And Intent
(a) This 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 times 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 1 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.
29 -2
(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.
Sec 29.2. 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 conformity
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 marked, or (2)
for the feeding of fowl 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. "Metropolitan" means the Metropolitan Water District of Southern
California.
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.
29 -3
Sec 29.3. 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 provide by the SAN DIEGUITO
WATER DISTRICT is subject to this ordinance in the use of the other water.
Sec 29.4. 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 district, 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.
29 -4
(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.
Sec 29.5. Drought Response Level 1 — Drought Watch Condition
(a) A Drought Response Level 1 condition is also referred to as a "Drought Watch"
condition. A Level 1 condition applies when the Water 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 2
conservation practices identified in this ordinance.
(b) During a Level 1 Drought Water 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 DIEGUITO 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. Irrigate residential and commercial landscape before 8 a.m. and after 6 p.m.
only.
4. 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 to
water landscaped areas, including trees and shrubs located on residential and commercial
properties that are not irrigated by a landscape irrigation system.
29 -5
5. Irrigate nursery and commercial grower's products before 10 a.m. and after
6 p.m. only. Water 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. Water 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 pressure /low 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. Use recycled or non - potable water for construction purposes when available.
(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 Level 1
condition.
Sec 29.6. 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 Water Authority notifies its member agencies
that due to cutbacks caused by drought or other reduction in supplies, a consumer demand
reduction of up 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
Level 1 Drought Watch water conservation practices during a Level 2 Drought Alert, and shall
also comply with the following additional conservation measures:
1. Limit residential and commercial landscape irrigation to assigned days 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.
29 -6
2. Limit lawn watering and landscape irrigation using sprinklers to time limits
per watering station per assigned day as established by the General Manager and posted by
the SAN DIEGUITO WATER DISTRICT. This 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 29.6 (b) (1), on the same schedule set forth in section 29.6 (b) (1) 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
DIEGUITO WATER DISTRICT unless other arrangements are made with the General
Manager.
5. Stop operating ornamental fountains or similar decorative water features
unless re- circulated or recycled water is used.
(c) Upon declaration by the Board of Directors of a 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:
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 the SAN DIEGUITO WATER DISTRICT.
This provision shall not be construed to preclude the resetting or turn-off of meters to provide
continuation of water service or to restore service that has been interrupted for a period of one year
or less.
29 -7
(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 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 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.
Sec 29.7. 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
Level 1 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 landscaped and commercial landscape irrigation to assigned days 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 29.7 (b) (1), on the same schedule set forth in section 29.7 (b) (1) by using a bucket,
hand -held hose with a positive shut -off nozzle, or low- volume non -spray irrigation.
9M
3. Stop filling or re- filling ornamental lakes 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 DIEGUITO WATER DISTRICT may establish a water allocation for property
serviced 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 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.
Sec 29.8. 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 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 DIEGUITO WATER DISTRICT shall declare a Drought Emergency in the
manner and on the grounds provided in California Water Code section 350.
(b) All persons using SAN DIEGUITO WATER DISTRICT water shall comply with
conservation measures required during Level 1 Drought Watch, level 2 Drought Alert, and Level 3
Drought Critical conditions and shall also comply with the following additional mandatory
conservation measures:
WWI
L 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 DIEGUITO 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 29.7 (b) (1) 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 29.7 (b) (1);
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 DIEGUITO 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 DIEGUITO 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 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
29 -10
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.
Sec 29.9. 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 1, the SAN DIEGUITO WATER DISTRICT would
implement Drought Response Level 1 actions. Under DMP Stage 2, the SAN DIEGUITO
WATER DISTRICT would implement Drought Response Level 1 or Level 2 actions. Under
DMP Stage 3, the SAN DIEGUITO 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 Restrictions
Conservation Target
DMP Stage
1 - Drought Watch
2 - Drought Alert
Voluntary
Mandatory
Up to 10%
Up to 20%
Stage 1 or 2
Stage 2 or 3
3 - Drought Critical
Mandatory
Up to 40%
St a e 3
4 - Drought Emergency
Mandatory
Above 40%
Stage 3
Sec 29.10. Procedures For Determination And Notification Of Drought Response Level
(a) The existence of a Drought Response Level 1 condition may be declared by
the General Manager upon a written determination of the existence of the facts and
circumstances supporting the determination. A copy of the written determination shall be filed
with the Clerk or Secretary of the SAN DIEGUITO WATER DISTRICT and provided to
the SAN DIEGUITO WATER DISTRICT Board of Directors. The General Manager may
publish a notice of the determination of existence of Drought Response Level 1 condition
in one or more newspapers, including a newspaper of general circulation within the SAN
DIEGUITO WATER DISTRICT. The SAN DIEGUITO 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 DIEGUITO 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 DIEGUITO WATER DISTRICT
shall publish a copy of the resolution in a newspaper used for publication of official notices.
-29-11-
(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 DIEGUITO WATER
DISTRICT shall publish a copy of the resolution in a newspaper used for publication of official
notices. If the SAN DIEGUITO 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 DIEGUITO 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 DIEGUITO 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.
Sec 29.11. 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 DIEGUITO 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:
29 -12
A. That the variance does not constitute a grant of special privilege
inconsistent with the limitations upon other SAN DIEGUITO 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. An
applicant may appeal a decision or condition of the General Manager on a variance
application to the SAN DIEGUITO 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 General 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.
29 -13
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.
Sec 29.12. 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 of a 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 two hundred dollars for a third 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 of a provision of this ordinance is subject to enforcement through
installation of a low- restricting device in the meter. Reinstatement of normal 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 imprisonment 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 29.7 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.
29 -14
Sec 29.13. 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.
29 -15