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