2015-01 Drought Response Conservation Program ORDINANCE 2015-01
AN ORDINANCE OF THE BOARD OF DIRECTORS
OF THE SAN DIEGUITO WATER DISTRICT
REVISING ARTICLE 29 OF THE DISTRICT'S ADMINISTRATIVE CODE — DROUGHT
RESPONSE CONSERVATION PROGRAM
WHEREAS, the San Dieguito Water District, as an irrigation district organized and
operating under the California Irrigation District Law (Water Code Section 20500 et seq.);
WHEREAS, San Dieguito Water District posted an Agenda notice for the Board of
Director's meeting on April 15, 2015, to consider adopting revisions to Article 29 of the District's
Administrative Code — Drought Response Conservation Program;
WHEREAS, the Board of Directors considered said revisions to Article 29 of the
District's Administrative Code — Drought Response Conservation Program and heard comments
of interested persons at the meeting;
NOW, THEREFORE, the Board of Directors of the San Dieguito Water District ordains
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 April 15, 2015.
Section 3. Article 29 of the District's Administrative Code is hereby amended to read
as reflected in Exhibit A.
Section 4. This Ordinance shall take effect immediately.
PASSED, ADOPTED AND APPROVED this 151h day of April 2015, by the following vote:
AYES: Blakespear, Gaspar, Kranz, Muir, Shaffer.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
Catherine Blakespear
Board President
ATTEST AND CERTIFICATON:
I hereby certify that this is a true and correct copy of Ordinance 2015-01 which has been
published pursuant to law.
`V�Aj
Kathy Hol wood
District Secretary/Clerk
EXHIBIT A
ARTICLE 29. - WATER SUPPLY SHORTAGE RESPONSE
PROGRAM
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.
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.
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 provides an
effective and immediately available means of conserving water.
California Water Code sections 375 et seq. authorize water suppliers to adopt and enforce a
comprehensive water conservation program.
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.
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.
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.
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 Water Shortage and
Drought Response 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 Water Shortage and Drought Response Plan.
The Water Authority's Water Shortage and Drought Response Plan contains three stages containing
regional actions to be taken to lessen or avoid supply shortages. This ordinance contains water
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supply shortage response levels that correspond with the Water Shortage and Drought Response Plan
stages.
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.
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.L 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 water supply
shortage 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 water supply shortage 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.
(d) During a Water Supply Shortage Response Level 2 condition or higher, the water
conservation measures and water-use restrictions established by this ordinance are mandatory and
become increasingly restrictive in order to attain escalating conservation goals. 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 market, 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.
See 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 provided by the SAN DIEGUITO WATER DISTRICT is
subject to this ordinance in the use of the other water.
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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 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.
Sec 29.5. Water Supply Shortage Response Level 1 — Water Supply Shortage Watch
Condition
(a) A Water Supply Shortage Response Level 1 condition is also referred to as a "Water
Supply Shortage Watch" condition. A Level 1 condition shall apply under one of the following
conditions:
1. 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.
2. When the San Dieguito Water District Board of Directors deems such action
necessary due to drought and/or limited water supply conditions.
In either case, the General Manager shall declare the existence of a Water Supply Shortage Response
Level 1 and take action to implement the Level I conservation practices identified in this ordinance.
(b) During a Level 1 Water Supply Shortage 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 DIEGUITO WATER DISTRICT declares a Level
2 Water Supply Shortage 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.
5. Irrigate nursery and commercial growers' 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 pressure/low volume wash system, or at a commercial site that re-
circulates (rcclaims) 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.
H. Do not irrigate turf or ornamental landscape during and 48 hours following
measurable precipitation.
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(c) During a Water Supply Shortage Response Level 2 condition or higher, all persons
shall be required to implement the conservation practices established in a Water Supply Shortage
Response Level 1 condition.
See 29.6. Water Supply Shortage Response Lcvcl 2 — Water Supply Shortage Alert
Condition
(a) A Water Supply Shortage Response Level 2 condition is also referred to as a "Water
Supply Shortage Alert" condition. A Level 2 shall apply under one of the following conditions:
1. 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 20 percent is required in order to ensure that
sufficient supplies will be available to meet anticipated demands.
2. When the San Dieguito Water District Board of Directors deems such action
necessary due to drought and/or limited water supply conditions.
In either case, the SAN DIEGUITO WATER DISTRICT Board of Directors shall declare the
existence of a Water Supply Shortage 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 I Water Supply Shortage Watch water conservation practices during a Level 2 Water Supply
Shortage 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.
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.
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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 Water Supply Shortage Response
Level 2 condition, SAN DIEGUITO WATER DISTRICT may suspend consideration of annexations
to its service area.
(d) Upon the declaration of a Water Supply Shortage Response Level 2 condition, the
SAN DIEGUITO WATER DISTRICT Board of Directors may also declare a water shortage
emergency pursuant to California Water Code Section 350 et seq. Once findings supporting a water
shortage emergency have been adopted, 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 turn-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) SALT 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.
Sec 29.7. Water Supply Shortage Response Level 3 — Water Supply Shortage Critical
Condition
(a) A Water Supply Shortage Response Level 3 condition is also referred to as a "Water
Supply Shortage Critical"condition. A Level 3 shall apply under one of the following conditions:
1. 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 40 percent is required in order to ensure that
sufficient supplies will be available to meet anticipated demands.
2. When the San Dieguito Water District Board of Directors deems such action
necessary due to drought and/or limited water supply conditions.
In either case, the SAN DIEGUITO WATER DISTRICT Board of Directors shall declare the
existence of a Water Supply Shortage 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 Water Supply Shortage Watch and Level 2 Water Supply Shortage Alert water conservation
practices during a Level 3 Water Supply Shortage 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.
3. Stop tilling or re-tilling 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 water supply
shortage 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.
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(c) Upon declaration by the Board of Directors of a Water Supply Shortage Response
Level 3 condition, SAN DIEGUITO WATER DISTRICT may suspend consideration of annexations
to its service area.
(d) Upon the declaration of a Water Supply Shortage Response Level 3 condition, the j
SAN DIEGUITO WATER DISTRICT Board of Directors may also declare a water shortage
emergency pursuant to California Water Code Section 350 et seq. Once findings supporting a water
shortage emergency have been adopted, 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 i
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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 turn-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 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.
See 29.8. Water Supply Shortage Response Level 4 — Water Supply Shortage Emergency
Condition
(a) A Water Supply Shortage Response Level 4 condition is also referred to as a "Water
Supply Shortage Emergency" condition. A Level 4 shall apply under one of the following
conditions:
1. 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.
2. When the SAN DIEGUITO WATER DISTRICT Board of Dircctors deems
such action necessary due to drought and/or limited water supply conditions.
The SAN DIEGUITO WATER DISTRICT shall declare a Water Supply Shortage 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 I Water Supply Shortage Watch, Level 2 Water Supply
Shortage Alert, and Level 3 Water Supply Shortage Critical conditions and shall also comply with
the following additional mandatory conservation measures:
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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 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) Upon declaration by the Board of Directors of a Water Supply Shortage Response
Level 4 condition, SAN DIEGUITO WATER DISTRICT will suspend consideration of annexations
to its service area.
(d) Upon the declaration of a Water Supply Shortage Response Level 4 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, uncxpired 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.
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This provision shall not be construed to preclude the resetting or turn-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 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.
See 29.9. Correlation Between Water Shortage and Drought Response Plan And Water
Supply Shortage Response Levels
(a) The water supply shortage response levels identified in this ordinance correspond
with the Water Authority WSDRP as identified in the following table:
Water Supply Shortage Response Use Restrictions Conservation Target WSDRP Stage
Levels
1 — Water Supply Shortage Watch Voluntary Up to 10% None*, l or 2
2 —Water Supply Shortage Alert Mandatory Up to 20% 2 or 3
3 —Water Supply Shortage Critical Mandatory Up to 40% 3
4—Water Supply Shortage Emergency Mandatory Above 40% 3
*The San Dieguito Water District Board of Directors may declare a Water Supply Shortage Response level I without the Water Authority enacting their
WSDRP.
Sec 29.10. Procedures For Determination And Notification Of Water Supply Shortage
Response Level
(a) The existence of a Water Supply Shortage 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
DIFGUITO WATER DISTRICT Board of Directors. The General Manager may publish a notice of
the determination of existence of Water Supply Shortage Response Level l 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.
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(b) The existence of Water Supply Shortage 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 Water Supply Shortage Response Level 2 or Level 3 conditions shall take
effect on the tenth (I0) 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.
(c) The existence of a Water Supply Shortage 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 Water Supply Shortage 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 tees 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 Water Supply Shortage 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 DIFGUITO 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:
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 water supply shortage 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
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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.
See 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 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 of a provision of this ordinance is subject to enforcement through
installation of a flow-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 Water Supply Shortage 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.
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
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DIEGUITO WATER DISTRICT within ten (I0)days of adoption as provided in Water code Section
376.
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