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4. For new development where required use of recycled water for landscape irrigation is a condition of <br /> approval,the applicant may also appeal such condition of approval through the regular new <br /> development entitlement process. <br /> 14.20.050 Process for Existing Development. <br /> 1. Existing customers and /or existing development with dedicated irrigation meters within the <br /> recycled water use area shall be exempt from the requirements of this section if the Operation <br /> Services Director or his or her designee determines at least one the following criteria are met: <br /> (a) Conversion to the recycled water system is determined not economical for the existing <br /> customer and/or existing development because of its distance from available or planned <br /> recycled water sources. Recycled water service that is not economical, as used herein, <br /> shall be reasonably determined by the Operation Services Director and/or his or her <br /> designee. <br /> (b) Irrigation demands are minor compared to overall water demands; <br /> (c) Inadequate recycled water supply is available to service the demand. <br /> (d) Conversion to recycled water service at the existing customer and/or existing <br /> development's property is determined to pose a potential threat to public health, safety <br /> &welfare, and/or the protection of the environment. <br /> (e) The current or planned use(s) of water serviced through the existing potable irrigation <br /> meter is/are not among the list of allowable uses as specified under State law, and/or <br /> are not included in the permitted uses as issued within the City's recycled water <br /> distribution permit from the State Water Quality Control Board. <br /> 2. Nothing in this section shall be construed to prohibit any existing customer or existing <br /> development with dedicated irrigation meters from voluntarily applying for recycled water <br /> service. The city shall have the right to deny such application if the City Engineer and/or <br /> Operation Services Director or his or her designee determines that inadequate recycled water <br /> supply is available to serve the demand. <br /> 14.20.060 Appeals. <br /> 1. After receipt of the written determination described in sections 14.20.040. subsection 3., and <br /> 14.20.050, subsection 1,above, a written appeal may be filed with the city manager within thirty(30) <br /> days of the date of the determination. <br /> 2. Such written appeal shall state the basis for such appeal and provide any applicable supporting <br /> documentation. <br /> 3. The city manager may request reasonable additional information. After receipt of any additional <br /> information,the city manager shall issue a written decision within thirty (30)days regarding the appeal. <br /> The city manager's decision regarding the appeal shall be final. <br /> 14.20.060 Exemptions. <br /> This chapter does not apply to:This chapter also does not alter any rights, remedies, or obligations that <br /> may exist pursuant to: Chapter 7 (commencing with Section 13500) of Division 7 of the California Water <br /> Code; or other vested rights under State law or applicable agreements. <br /> // <br />