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Prior to approval of any of the following discretionary land development applications for a project which proposes to use groundwater (hereinafter referred to as "Projects"), the applicant shall comply with the provisions of Article 3 below:
General Plan and Specific Plan Adoptions and Amendments
Administrative Permits
Density Bonus Program
Tentative Parcel Maps
Tentative Maps
Revised Tentative Parcel Maps and Revised Tentative Maps (Review shall exclude areas unaffected by the revisions proposed by the Revised Map)
Zoning Reclassifications Amending Use Regulations Applicable to Particular Property
Major Use Permits
Minor Use Permits
Minor Use Permit Modifications
Site Plans
Site Plan Modifications
Major Use Permit Modifications (Review shall exclude areas unaffected by the proposed modifications)
Certificates Of Compliance filed pursuant to San Diego County Code Section 81.616.1 or 81.616.2 (excluding condominium conversions)
Lot Line Adjustments filed pursuant to San Diego County Code Section 81.901 et seq., on property zoned to permit residential use, if the Director determines that the Lot Line Adjustment will result in a lot which would potentially worsen existing or future groundwater conditions at the maximum density and intensity permitted by the General Plan and Zoning, taking into consideration long-term groundwater sustainability, groundwater overdraft, low well yield, and well interference. If the Director makes this determination, the Lot Line Adjustment shall comply with Section 67.722, but not Sections 67.720 or 67.721.
(Added by Ord. No. 7994 (N.S.), effective 11-15-91; amended by Ord. No. 9826 (N.S.), effective 3-2-07; amended by Ord. No. 10249 (N.S.), effective 3-1-13; amended by Ord. 10927 (N.S.), effective 1-10-25)
The following provisions apply to Projects that would extract or use groundwater resources in the Borrego Valley Exemption Area. This area is shown on the map entitled "Groundwater Limitations Map", approved by the Board of Supervisors on May 5, 2004 (Item 15), on file with the Clerk of the Board of Supervisors.
A. A Project listed in Section 67.711 that will extract or use at least one acre-foot (325,851 gallons) of groundwater per year shall include one or more groundwater use reduction measures listed in subsection B below. The groundwater use reduction measures shall fully offset the amount of groundwater that the proposed project will use and shall result in "no net increase" in the amount of groundwater extracted from the Borrego Valley Exemption Area. The groundwater use reduction measures shall be implemented within the Borrego Valley Exemption Area as shown on the "Groundwater Limitations Map."
B. One or more of the following groundwater use reduction measures may be used:
1. In accordance with the following provisions, grant an easement to the County of San Diego on off-site land that is being actively irrigated:
a) The easement shall permanently and completely prohibit the use, extraction, storage, distribution or diversion of groundwater on the property subject to the easement, except for:
i. The use of a maximum of one acre-foot of groundwater per year for a single-family residence; or
ii. A subsequent project on the land subject to the easement that would require discretionary approval by the County if groundwater use reduction measures are implemented that fully offset the amount of groundwater that the proposed project would use. Groundwater use reduction measures that may be used for these projects include the measures listed in subsections 67.720.B.1 (this subsection) and 67.720.B.2.
b) The amount and evidence of historic groundwater use and the terms and conditions of the easement shall be subject to the approval of the Director. Evidence of historic groundwater use on the land subject to the easement may include, but is not limited to, a survey by a California Professional Land Surveyor or Professional Engineer, historical aerial photographs, and a written description of the historical water use.
c) The use of the water on the land subject to the easement shall have started by January 1, 2008 and shall have continued at least to the date the proposed easement is submitted to the Department of Planning and Development Services.
d) The quantity of water available for offset shall be based on the total groundwater consumptive use for each vegetation type on the land subject to the easement as determined by the values in the following table:
Vegetation Type | Groundwater Consumptive Use Per Acre (acre-feet/acre/year) |
Vegetation Type | Groundwater Consumptive Use Per Acre (acre-feet/acre/year) |
Citrus (all types) | 4.9 |
Nursery plants | 4.5 |
Palms (all types) | 3.7 |
Tamarisk | 1.7 |
Turf (warm season) | 5.1 |
Turf (winter cool/ summer warm) | 5.6 |
Potatoes | 0.8 |
To determine the groundwater consumptive use for each vegetation type within the easement area, the acreage of irrigated land for a particular vegetation type is multiplied by the "Groundwater Consumptive Use Per Acre" as listed in the table above. The "Groundwater Consumptive Use Per Acre" value for any vegetation types not listed in the table above shall be determined by the Director.
e) Submit the easement to the Department of Planning and Development Services for review, approval and recordation.
2. Water credits issued by the Borrego Water District that comply with the Memorandum of Agreement between the Borrego Water District and the County of San Diego regarding Water Credits and any amendments thereto, on file with the Clerk of the Board of Supervisors.
3. Provide evidence to the satisfaction of the Director that all (or a portion of) the on-site water use occurring prior to the date of permit application will be permanently eliminated as a result of the Project.
4. Any other legally enforceable mechanism that achieves permanent water savings, subject to approval by the Director.
(Added by Ord. No. 7994 (N.S.), effective 11-15-91; amended by Ord. No. 9644 (N.S.), effective 6-4-04; amended by Ord. No. 10249 (N.S.), effective 3-1-13; amended by Ord. No. 10866 (N.S.), effective 11-10-23; amended by Ord. 10927 (N.S.), effective 1-10-25)
A. Identification and Mapping. Areas within the County which are characterized by one or more of the following groundwater problems shall be known as Groundwater Impacted Basins and shall be identified and mapped:
1. Low yielding wells having an overall average yield of less than 3 gallons per minute.
2. Basins with previously approved developments at a parcel size smaller than those stated in the table in paragraph A of Section 67.722 and in excess of available water resources.
3. Declining groundwater levels and measurable groundwater overdraft.
The Groundwater Impacted Basins shall be designated on a map known as the "Groundwater Limitations Map" which shall be adopted by the Board of Supervisors and kept on file with the Clerk of the Board of Supervisors. Prior to adding any area to said map or making any deletions from or revisions to said map, the Board of Supervisors shall hold a public hearing. Notice of such hearing shall be mailed at least 30 days in advance, to the owner (as shown on the latest equalized assessment roll) of any property proposed to be added to or deleted from said map. The Director of Planning and Development Services shall annually review said map and may recommend such revisions as the Director finds appropriate.
B. Regulations. Any application listed in Section 67.711 for a project within a Groundwater Impacted Basin shall be accompanied by a Groundwater Investigation. In addition, a Well Test shall be performed for each lot proposed to be created by or included within the project. The application shall not be approved unless the approving authority finds that based upon the Groundwater Investigation, groundwater resources are adequate to meet the groundwater demands both of the project and the groundwater basin if the basin were developed to the maximum density and intensity permitted by the General Plan.
(Added by Ord. No. 7994 (N.S.), effective 11-15-91; amended by Ord. No. 10224 (N.S.), effective 10-25-12; amended by Ord. No. 10249 (N.S.), effective 3-1-13; amended by Ord. 10927 (N.S.), effective 1-10-25)
A. Residential Density Controls.
Tentative maps, Tentative Parcel Maps, and Certificates of Compliance proposing parcels for single-family dwellings must comply with the minimum parcel sizes set forth in the following table. Adjustment Plats on property zoned to permit residential use shall also comply with these minimum parcel sizes, except that an existing parcel smaller than the applicable minimum parcel size need not be made to conform to the minimum, so long as it is not further reduced in size by the Adjustment Plat:
Mean Annual Precipitation | Minimum Parcel Size** |
Precipitation* (inches) | (Gross Acres) |
Mean Annual Precipitation | Minimum Parcel Size** |
Precipitation* (inches) | (Gross Acres) |
Less than 9 | 20 |
9 to 12 | 15 |
12 to 15 | 11 |
15 to 18 | 8 |
18 to 21 | 5 |
More than 21 | 4 |
* Mean annual precipitation is to be determined from the County of San Diego map entitled "Groundwater Limitations Map" on file with the Clerk of the Board of Supervisors as Document No. 195172. | |
** Compliance with the minimum parcel size does not guarantee project approval; site-specific characteristics may indicate that either larger parcel sizes are required or that the project should not be approved in individual cases. | |
B. Groundwater Investigations. Any application listed in Section 67.711 and not subject to Sections 67.720, 67.721 or Paragraph A above, shall be accompanied by a Groundwater Investigation. The application shall not be approved unless the approving authority finds, based upon the Groundwater Investigation or other available information, either: (1) for a water intensive use, that groundwater resources are adequate to meet the groundwater demands both of the project and the groundwater basin if the basin were developed to the maximum density and intensity permitted by the General Plan; or (2) for all other projects, that groundwater resources are adequate to meet the groundwater demands of the project.
C. Well Tests. For any application for a Tentative Map, Specific Plan or Specific Plan Amendment, Tentative Parcel Map, Adjustment Plat or a Certificate of Compliance, well tests shall be performed for the number of lots shown in the following table. Tests shall be on lots which appear to have the least access to a viable groundwater supply as determined in advance of testing by the Director, who shall also specify nearby wells to be monitored while the testing is being conducted. If any well does not pass the requirements for Well Tests stated in Section 67.703 above, the Director may require additional well tests beyond what is required in the following table:
Number of Proposed Lots*
| Number of Required Well Tests
|
1 through 10 | 1 |
11 through 20 | 2 |
21 through 30 | 3 |
31 through 40 | 4 |
Greater than 40 | 5 |
* Excluding remainder parcels and "not a part" areas | |
(Added by Ord. No. 7994 (N.S.), effective 11-15-91; amended by Ord. No. 9644 (N.S.), effective 6-4-04; amended by Ord. No. 9826 (N.S.), effective 3-2-07; amended by Ord. No. 10167 (N.S.), effective 10-14-11; amended by Ord. 10927 (N.S.), effective 1-10-25)
(a) A proposed subdivision which pursuant to the terms of Government Code Section 66424 or 66426 is exempt from the requirement to file a Tentative Map or Tentative Parcel Map is not subject to this ordinance unless it also involves an application for a General Plan or Specific Plan adoption or amendment, a zoning reclassification, or a Major Use Permit or modification thereof.
(b) The following Major Use Permits or Major Use Permit modifications are exempt from this ordinance:
(1) Those involving the construction of agricultural and ranch support structures used in the production, storage, or processing of food, fiber, and flowers, including but not limited to roadside stands, barns, sheds, packing houses, and greenhouses, except that this exception does not apply to feed lots.
(2) Those involving new or expanded agricultural land uses, including but not limited to changes in commodities produced on the property, operations performed upon such commodities, and development of additional irrigated acreage on the property unless accompanied by subdivision.
This agricultural exemption does not supersede or limit the application of any law or regulation otherwise applicable to the above-listed categories of agricultural support activities including the California Environmental Quality Act. For purposes of this exemption, "agricultural and ranch support structures" do not include the commercial exportation of groundwater for purposes of resale outside the basin.
(c) The Director may grant an exemption from the requirement for a Groundwater Investigation imposed by Section 67.721 or 67.722.B, the requirement for Well Tests imposed by Section 67.721 or 67.722.C, or the requirement for minimum parcel sizes imposed by Section 67.722.A, upon a finding that existing data clearly demonstrate that the finding required by Section 67.722.B can be made without additional study. Such data may include a recent history (minimum of five years) of groundwater withdrawals or streamflow data and other geomorphic evidence which indicates that replenishment of groundwater resources is rapid and reliable, and is controlled primarily by infiltration of streamflow rather than on-site recharge.
(Added by Ord. No. 7994 (N.S.), effective 11-15-91; amended by Ord. No. 9826 (N.S.), effective 3-2-07; amended by Ord. No. 10249 (N.S.), effective 3-1-13; amended by Ord. No. 10866 (N.S.), effective 11-10-23; amended by Ord. 10927 (N.S.), effective 1-10-25)