San Diego County Municipal Code Art. 5 Specifications and Standards

*Note--Title amended by Ord. No. 10918 (N.S.), effective 10-11-24.

Standards for the siting and design of OWTS and other sanitation facilities authorized by this chapter shall be as set forth in the County of San Diego's Local Agency Management Program for Onsite Wastewater Treatment Systems (LAMP). The Director shall maintain an official copy of the LAMP on the Department of Environmental Health and Quality website.

(Amended by Ord. No. 6049 (N.S.), effective 6-11-81; amended by Ord. No. 9273 (N.S.), effective 12-15-00; amended by Ord. No. 9495 (N.S.), effective 9-13-02; amended by Ord. No. 10136 (N.S.), effective 4-15-11; amended by Ord. No. 10389 (N.S.), effective 7-24-15; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

Cross reference(s)--Excavations, fills and obstructions, § 71.301 et seq.

(a) An applicant for an OWTS or other sanitation facilities shall install a system authorized by this chapter that the Director determines meets the requirements in this chapter and the standards in the LAMP.

(b) No part of an OWTS shall be located on any lot other than the lot that is the site of the building or structure that will be served by the OWTS.

(c) Building Permits and Changes of Use and Occupancy. A property owner who is required to obtain: (1) a building permit for a new building structure, a building addition, or other remodeling of an existing building or to add another stand alone building on property, or (2) the building official's approval for a change of use or occupancy of an existing building, where an OWTS or other sanitation facilities authorized by this chapter is used or proposed to be used as the means for sewage disposal shall also obtain the Director's approval before a building permit or other approval shall be issued. If the addition, remodeling, or change of use or occupancy will likely result in a greater amount of sewage or other waste to flow into an OWTS, the property owner shall obtain a permit from the Director to expand the system to accommodate the additional waste that will exceed the capacity of the existing system.

(d) A property owner in subsection (c), as a requirement for the Director's approval, shall also demonstrate as part of the permitting or approval process, that the property has an OWTS that meets the current requirements of this chapter and the standards in the LAMP.

(e) Land Development Projects or Use Permits. A person applying for a project, such as a major or minor use permit, or a land development project, or to modify an existing use permit on property with an OWTS shall obtain the Director's approval as part of the application process. No use permit modification shall be granted without the Director's approval. The person shall submit an application requesting the Director's review on a form provided by the Director and shall submit any additional information or documents the Director requests. The application shall not be considered complete until the applicant submits all required documents. The Director shall notify the applicant in writing whether or not the Director approves the application and if the application is disapproved, the notice shall state the reasons for the disapproval.

(f) If the use permit's modification will result in a change in the wastewater characteristics or a greater amount of sewage or other waste to flow into an OWTS the applicant shall also be required to obtain a permit from the Director to expand the system to accommodate the additional waste and shall demonstrate as part of the approval process that the property has an OWTS that meets the current requirements of this chapter and the standards in the LAMP.

(g) Subdivisions of Land. A person applying to subdivide property shall demonstrate that an OWTS that complies with the requirements of this chapter and the standards in the LAMP is feasible to install on each lot proposed in the subdivision prior to the approval of the tentative map or the tentative parcel map. Where minimum lot sizes for a subdivision have been reduced based on the proposal to utilize OWTS with supplemental treatment for nitrogen reduction, the developer shall include a statement on the final map or parcel map acknowledging only OWTS with supplemental treatment for nitrogen reduction are approved to be installed on each lot. Where alterations to the design or location of an OWTS are proposed that differ from the design or location previously approved by the Director, the person applying to subdivide property shall demonstrate that the new design or location meets the requirements of this chapter and the standards in the LAMP is feasible to install on each lot prior to the approval of a final map or a parcel map. A person proposing to subdivide property where individual water wells are proposed shall provide proof to the Director that there is an adequate potable well water supply available to each lot or parcel before a final map or a parcel map is approved.

(h) Lot Line Adjustments. A person applying for a lot line adjustment shall demonstrate that the existing or a proposed OWTS on each lot proposed for adjustment complies with this chapter and the standards in the LAMP as part of the application process. Where an existing OWTS does not conform to the requirements of this chapter and the standards in the LAMP, the lot line adjustment shall not result in an expansion of the existing nonconformity of the OWTS.

(i) Grading Permits. An applicant for a grading permit to grade property where there is an existing or approved, but not installed, OWTS, shall obtain the Director's approval as part of the grading plan approval process prior to the issuance of the grading permit and shall demonstrate the proposed grading does not result in the elimination of features required to meet the requirements of this chapter and the standards in the LAMP or in the reduction of area needed for required water supply well or OWTS and reserve area.

(Amended by Ord. No. 10136 (N.S.), effective 4-15-11; amended by Ord. No. 10389 (N.S.), effective 7-24-15; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) The Director may exercise discretion to modify the requirements of this chapter for an OWTS that could not otherwise be issued a permit if one of the following circumstances applies, and if the requirements in subsections (b), (c), and (d) of this section are met. The applicant shall pay any fees required for such a review.

(i) The applicant proposes a smaller size system than required that will have only limited or occasional use and the proposed system is adequate to accommodate the sewage flows the buildings on the lot will produce.

(ii) It is impracticable for an applicant to comply with requirements as to the length of leach trenches or chambers, but the proposed system is able to achieve the same practical effect as the requirements by modifying leach trenches or chamber dimensions.

(iii) It is impracticable for an applicant to comply with certain requirements related to the location of system components, but the applicant is able to prevent any adverse effects by the manner in which the applicant installs the system.

(b) The Director determines that modifying the requirements will not result in any adverse effects on an underground source of water or on the public health and safety.

(c) If the Department of Environmental Health and Quality is the lead agency for the project under the California Environmental Policy Act (CEQA), the Director determines that the project is exempt from CEQA and files a Notice of Exemption; or the Director determines that approval of the project will not have a significant effect on the environment, and adopts a Negative Declaration or a Mitigated Negative Declaration.

(d) If the Department of Environmental Health and Quality is a responsible agency for the project, the lead agency has determined that the project is exempt from CEQA or has adopted a Negative Declaration or Mitigated Negative Declaration for the project, and the Department has complied with the responsible agency requirements under CEQA.

(e) The Director may deny a permit for an OWTS that meets the requirements of this Chapter if the Director determines that the system will have any adverse effects on an underground source of water or on the public health and safety.

(Amended by Ord. No. 9273 (N.S.), effective 12-15-00; amended by Ord. No. 10136 (N.S.), effective 4-15-11; amended by Ord. No. 10389 (N.S.), effective 7-24-15; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

The Director shall issue a permit for the installation and operation of a graywater system in the unincorporated area of the county that complies with any Regional Water Quality Control Board Basin Plan requirements, and the standards contained of the County Plumbing Code.

(Added by Ord. No. 8007 (N.S.), effective 12-26-91; amended by Ord. No. 8458 (N.S.), effective 11-17-94; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 10136 (N.S.), effective 4-15-11; amended by Ord. No. 10927 (N.S.), effective 1-10-25)