Article IV — WATER CONSERVATION

(A) The county faces and has faced in recent years the tremendous pressure of residential growth. (B) Residential growth creates an increased demand for water supplies to service the residents a demand which is not temporary. (C) The county relies extensively on ground water for its water supply for all uses. Also, the county receives water from the federal water project known as the San Felipe project. The San Felipe project primarily supplies agriculture at the present time. (D) The supply of water in California, particularly in the county, is in jeopardy due to the present drought. The drought has not only affected the replenishment of the ground water but affects the supplies available to the San Felipe project as evidenced by recent cutbacks in the proposed supply. (E) The county is geographically in an area that is historically subject to periodic droughts of lengthy duration, five to seven years or longer. As of the adoption date of the ordinance codified in this article, the county is in the fifth year of a devastating drought. (F) Because of the growing demand for water in the county and the shrinking of the supply of water to meet those needs, the Board has commissioned a hydrologic study to determine how much water is available in the county for beneficial use without adversely affecting the quantity and quality of the county’s water supply. (G) The hydrologic study will not be completed until fall of 1991. In light of the current water crisis, the public health, safety and welfare of current and future residents of the county require the gathering of adequate hydrologic information and also require interim restrictions to protect the water supply of the county residents until sufficient information is gathered. (H) Furthermore, the actions specified in this article are required in order to mitigate or avoid potentially disastrous economic consequences which would be caused by an inadequate water supply. (I) In recent years the county has been faced with a over-abundant demand for residential development as compared to non-residential development such as commercial and industrial. This imbalance of development has created many problems both environmental and economic. (J) Because of the recent demand for residential structures, the current supply of residential structures is adequate to deal with the short-term needs of the county while the county reviews the water supply situation and develops actions to safeguard water supplies for present and future residents. (K) In light of the current reduced demand for housing in this region due to economic circumstances and in light of the facts as determined in this section, the restrictions in this article do not appear to significantly reduce the housing opportunities of the region given the current and foreseeable demand for housing. However, even if housing opportunities were temporarily reduced, the threat of inadequate water supplies justifies the restrictions contained in this article in order to protect the public health, safety and welfare of county residents.

(1966 Code, § 17D-1) (Ord. 594, § 1(part))

(A) Hydrologic study. The county is conducting a hydrological study of all groundwater basins in the county. The county expects the study to be completed in the fall of 1991. (B) Final water conservation plan. Based upon the information generated by the hydrologic study and by other sources, the Board of Supervisors of the county shall adopt a final water conservation plan. The final water conservation plan shall be adopted in accordance herewith. Building permits shall be issued in conformance with the final water conservation plan. (C) Interim restrictions. Before the adoption of the final water conservation plan, the county imposes certain interim restrictions on the issuance of building permits. These restrictions are specified herein. (D) Exemptions. Building permits of the following nature are exempt from the interim restrictions hereof: (1) Non-residential structures. Non-residential structures are those structures which are not dwelling units as such are defined in the Uniform Building Code or the county zoning ordinance, Ord. 479. This exemption does not apply to structures appurtenant to residential structures which result in additional demand for water; including without limitation, swimming pools. (2) Reconstruction or remodeling of existing residential structures. RECONSTRUCTION OR REMODELING OF EXISTING RESIDENTIAL STRUCTURES means the reconstruction of a damaged or destroyed dwelling unit, or any construction to an existing dwelling unit; provided that in either case, the square footage sought does not exceed the original square footage, and the dwelling unit was capable of legal occupation prior to the need for reconstruction or construction. (E) Variance. (1) Variance for applications for building permits for structures satisfying an overriding community need. (a) This variance category shall apply to applications benefitting public health, safety or welfare which may increase consumptive demand from any water source available in the county, but which do not propose to increase water supplies. Each application for a building permit listed in this division shall be reviewed by the Planning Commission. (b) In its exercise of discretion on the variance application, the Planning Commission shall weigh the benefit a project would confer upon the public health, safety or welfare of the county against the water use burden that the proposed structure shall place upon any water source available in the county and shall find that the proposed application meets an overriding community need; e.g. affordable housing. Thereafter, the Planning Commission may choose to grant approval, deny approval or place conditions upon the quantity or nature of water use on that site by imposing conditions on the building permit. (c) Based on the above criteria, the following permits may be issued until a final water conservation plan is adopted only upon the grant of a discretionary variance by the Planning Commission: 1. New non-governmental structures which promote public health, safety or welfare of the county; and/or 2. New governmental community structures which promote the public health, safety or welfare of the county. (2) Variance for applications for building permits for structures that intensify demand for water but which also propose to increase water supplies or which propose to offset new demand with on-site water use savings. (a) This variance category shall apply to applications which propose to increase consumptive demand from any water source available in the county, but which also propose a parallel increase in water supplies, or which propose a new water use which is offset by water use savings created at that same site. Each application listed in this paragraph shall be reviewed by the Planning Commission. (b) In its exercise of discretion on the variance application, the Planning Commission shall weigh the general benefit a project would confer upon the county against the water use burden that the project could place upon any water source available in the county in the event the new water supply was not sufficient to meet all demand caused by the new developments, or in the event the on-site water use reduction was not permanently achieved. Applications in this category shall only be approved if the increase in new water supply (or reduction in past use at that site) can be caused by that applicant. (c) Applications which develop new water supplies must clearly document an augmentation of water yield. Applications based on conserved water must clearly document that water savings are real, and permanent. Off-site water credit transfers shall not be allowed by this exemption. (d) The Planning Commission may choose to grant approval, deny approval or approve the application with conditions upon the quantity or nature, of water use on that site by imposing conditions on the building permit. (e) Based on the above criteria, the following building permits may be issued until the final water conservation plan is adopted only upon the grant of a discretionary variance by the Planning Commission: 1. Expansion of water distribution systems: a. All applications for structures which will add new water production facilities to an existing water distribution

system. b. All applications for structures to add new water distribution facilities to distribute newly-developed water. 2. Development based on new water supplies; all applications for structures that will use newly-developed water to augment other existing supplies available in the county. 3. Development based on documented water conservation measures. All applications for structures that will use conserved water which conservation can be documented to be permanently withdrawn from use on that same site. (1966 Code, § 17D-2) (Ord. 594, § 1(part))

(A) Preliminary water conservation plan; study. The county shall cause to be prepared a study to develop a preliminary water conservation plan which is designed to minimize demand for water and which is designed to protect the quality and quantity of water for beneficial use in the county. A report of the results of the study shall be completed in not more than three months from the operative date of the ordinance and presented to the Board. (B) Preliminary water conservation plan; adoption. The Board shall consider the study at a public hearing and shall receive evidence. Following the hearing, the Board shall adopt by resolution a preliminary water conservation plan. (C) Preliminary water conservation plan; contents. The preliminary water conservation plan shall specify guidelines for the issuance of building permits and require specified reasonable water conservation measures in the design and construction of all structures built in the county. (D) Standards for issuance of building permits. Prior to the adoption of the preliminary water conservation plan, the Building Department shall not issue a building permit until the Planning Commission determines that ample water of suitable quality exists to meet the water needs generated by the structures and the use thereof. The applicant shall have the burden of proof according to clear and convincing evidence. (E) Definition of ample water of suitable quality. AMPLE WATER OF SUITABLE QUALITY means establishing the following: (1) The quantity of water to be used as a result of the use of the proposed structure on an averaged annual basis; (2) The quality of water necessitated by the use of the proposed structure; (3) A reliable source of the water to be used; (4) The quantity and quality of the water source; (5) The existing and potential other users of the source of water, and an estimate of the amount of water needed by these users on an average annual basis; and (6) The insignificant impact of the proposed use on existing and potential users of the water source. “Insignificant impact” includes a determination that the withdrawal of water from the water source does not exceed the replenishment of the water source, nor will the proposed withdrawal of water reduce the quality of the water source. (F) Planning Commission hearing. Not later than 60 days from the date the Building Department determines an application to be complete, shall the Planning Commission hold a public hearing and make a determination if an applicant has ample water of suitable quality for the use of the proposed structure. The failure of the Planning Commission to make a decision within the specified time period shall be deemed, by operation of law, that the Planning Commission determines the applicant does not have ample water of suitable quality. (1966 Code, § 17D-3) (Ord. 594, § 1(part))

Following the development of a preliminary water conservation plan, the Building Department shall not issue a building permit unless the applicant demonstrates compliance with the preliminary water conservation plan. The Building Department may condition any building permit to insure compliance with the preliminary water conservation plan. (1966 Code, § 17D-4) (Ord. 594, § 1(part))

(A) Final water conservation plan; adoption. Upon the completion of the county-wide hydrological study, the Board shall hold a public hearing to consider all relevant evidence on creating a final water conservation plan. By resolution, the Board shall adopt a final water conservation plan. (B) Final water conservation plan; contents. The final water conservation plan shall specify guidelines for the issuance of building permits and shall specify certain requirements to be incorporated into the design and construction of all structures constructed in the county.

(C) Compliance with final water conservation plan. Following the adoption of the final water conservation plan, the Building Department shall not issue a building permit unless the applicant demonstrates compliance with the final water conservation plan. The Building Official may condition any building permit to insure compliance with the final water conservation plan. (1966 Code, § 17D-5) (Ord. 594, § 1(part))

(A) Definitions. Unless the context requires otherwise, all terms shall be interpreted under the Uniform Building Code, current edition. (B) Fees. (1) Any application for Planning Commission consideration shall be accompanied by a fee of $150. This fee is in addition to other fees currently imposed for the issuance of a building permit. (2) Should the Building and Planning Departments require the services of a consultant to evaluate information provided by the applicant pursuant to this article, the applicant shall pay in advance all costs of these services prior to services being rendered. (C) Appeals. Any final decision made pursuant to this article by the Building and Planning Department may be appealed to the Planning Commission. Any final decision pursuant to this article by the Planning Commission may be appealed to the Board of Supervisors. Appeals must be filed within 15 calendar days of the final decision with the appropriate body, accompanied by a non-refundable fee of $150, which fee equals the administrative cost of processing the appeal. The appeal shall be heard by the appropriate body at a public hearing conducted not later than 60 days after the date of filing the appeal. (1966 Code, § 17D-6) (Ord. 594, § 1(part))