Hardship Variance
San Diego Municipal Code § 67.3806
in effect§67.3806 Hardship Variance
(a) If, due to unique circumstances, a specific requirement of this Division would result in undue hardship to a customer using City of San Diego water or to property upon which City of San Diego water is used, that is disproportionate to the impacts to City of San Diego water users generally or to similar property or classes of water uses, then the customer may apply for a variance to the requirements as provided in section 67.3806.
(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 customer using City of San Diego water or to property upon which City of San Diego water is used, that is disproportionate to the impacts to City of San Diego water users generally or to similar property or classes of water user due to specific and unique circumstances of the user or the user’s property.
(1) Application.
Application for a variance will be in written form prescribed by the City Manager and will be accompanied by a non-refundable processing fee in an amount set by resolution of the City Council.
(2) Supporting Documentation.
The written application will be accompanied by photographs, maps, drawings, or other pertinent information as applicable, including a written statement of the applicant.
(3) Approval Authority.
The City Manager will exercise approval authority and act upon any completed application after submittal and may approve, conditionally approve, or deny the variance. The applicant requesting the variance will be promptly notified in writing of any action taken. The decision of the City Manager is final. 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.
(4) Required Findings for Variance.
(A) Except as set forth in section 67.3806(b)(4)(B), an application for a variance will be denied unless the City Manager 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 City of San Diego, all of the following:
(i) that the variance does not constitute a grant of special privilege inconsistent with the limitations upon other City of San Diego customers; and
(ii) that because of special circumstances applicable to the property or its use, the strict application of this Division would have a disproportionate impact on the property or use that exceeds the impacts to customers generally; and
(iii) that the authorizing of such variance will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the City of San Diego to effectuate the purpose of this Division and will not be detrimental to the public interest; and
(iv) 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.
Ch. Art. Div. 6 7 38 10
(B) An application for variance will be denied unless the City Manager 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 City of San Diego, either of the following:
(i) that the property has been adversely impacted by a disaster; or
(ii) that proposed alternative water use restrictions for the property would result in greater water savings than the existing water use restrictions.
(5) No relief will be granted to any customer for any reason in the absence of a showing by the customer that the customer has achieved the maximum practical reduction in water consumption in the customer’s residential, commercial, industrial, institutional, agricultural, or governmental water consumption.
(Renumbered from Sec. 67.38.9 on 10-19-1998 by O-18596 N.S.)
(Former Section 67.3810 repealed and added “Hardship Variance” 12-15-08 by O-19812 N.S; effective 1-14-2009.)
(Amended 10-28-2009 by O-19904 N.S; effective 11-27-2009.)
(“Hardship Variance” renumbered from former Section 67.3810 to Section 67.3806 and amended 6-15-2026 by O-22105 N.S.; effective 7-15-2026. Former Section 67.3806 “Drought Response Level 2 – Drought Alert Condition” repealed.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter06/Ch06Art07Division38.pdf#page=9Fetched: 10/28/2026