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14.20.040 Process for New Development 1. All new development within the recycled water use area shall use recycled water for appropriate landscape irrigation. The city's determination of appropriate landscape irrigation uses shall be based on the need for isolated irrigation water meter(s), and the standards for recycled water contained in Title 22 of the California Code of Regulations, Article 3 Uses of Recycled Water, Sections 60304 and 60305, as amended. Planning, design, and construction in new development shall incorporate recycled water facilities in accordance with the most current version of the city's Recycled Water Standard Specifications and the city's Recycled Water Use Guidelines, and such facilities shall be connected to the City's recycled water system and use city recycled water service. This requirement for all new development within the recycled water use area to use recycled water for appropriate landscape irrigation shall not apply when the City Engineer, or her or her designee, determines that: (a) Such use could pose a potential threat to public health, safety, and welfare, and/or the protection of the environment. (b) Such use is not among the list of allowable uses as specified under State law, and/or are not included in the permitted uses as issued within the City's recycled water distribution permit from the State Water Quality Control Board. 2. Compliance with the requirements of this section may be imposed as a condition of approval for any new development entitlement and shall be a condition precedent to the city's provisions of new potable water services to new development within the recycled water use area. 3. The applicant for a new development for which recycled water service is otherwise required by this chapter may seek a written determination by the City Engineer or his or her designee (collectively "City Engineer') for reconsideration of such recycled water requirement. The applicant's request for such determination shall be in writing and shall set forth with sufficient supporting information at least one of these criteria: (a) not economically feasible because of distance from, or access to, available or planned recycled water sources; (b) landscape irrigation demands within the new development are minor relative to overall water demands; or (c) inadequate recycled water supply is available to service the demand. After receipt of such request for reconsideration, the City Engineer may ask for additional written information from the applicant. After receipt of all reasonably requested information, the City Engineer shall issue a written determination in thirty (30) days. 4. For new development where required use of recycled water for landscape irrigation is a condition of approval, the applicant may also appeal such condition of approval through the regular new development entitlement process. 14.20.050 Process for Existing Development. 1. Existing customers and /or existing development with dedicated irrigation meters within the recycled water use area shall be exempt from the requirements of this section if the Operation Services Director or his or her designee determines at least one the following criteria are met: (a) Conversion to the recycled water system is determined not economical for the existing customer and/or existing development because of its distance from available or planned recycled water sources. Recycled water service that is not economical, as used herein, shall be reasonably determined by the Operation Services Director and/or his or her designee. 4