The purpose of this chapter is to provide protection to the city's potable water supply by acting in accordance with Section 13550 et seq., of the California Water Code and Section 65605 of the California Government Code. Now that recycled water is available, it is the policy of the city that recycled water shall be used for approved nonpotable landscape irrigation uses within the city's recycled water use area when it is determined that there is not an alternative higher or better use for the recycled water, its use is economically justified, and its use is financially and technically feasible, consistent with legal requirements, preserves public health, safety and welfare, and protects the environment.
(Ord. 2116 § 1, 2015; Ord. 2176 § 3, 2018)
"Existing customer and/or existing development"
means a water customer currently receiving potable water service from the city.
"Landscape irrigation"
means water service which is separately metered and is used exclusively to water turf and/or other landscaping areas.
"New development"
means: (1) a proposed development project involving new construction and seeking approval for new water service; or (2) proposed rehabilitation of existing development that may involve removal and replacement of existing buildings and/or landscaping.
"Recycled water"
means treated water of a quality suitable for nonpotable uses such as landscape irrigation and water features. This water is not intended for human consumption.
"Recycled water use area"
means areas within the city where recycled water pipelines allow for connections for recycled water service.
(Ord. 2116 § 1, 2015; Ord. 2176 § 3, 2018)
The provisions of this chapter shall apply to:
A. 
New development involving cemeteries, golf courses, parks, greenbelts, landscaped streets, landscaped medians, highway landscaped areas, and landscape irrigation uses in industrial and commercial sites, as well as common areas of residential sites.
B. 
Existing customers and/ or existing development consisting of cemeteries, golf courses, parks, greenbelts, landscaped streets, landscaped medians, highway landscaped areas, and landscape irrigation uses in industrial and commercial sites, as well as common areas of residential sites.
C. 
Those sites described in subsections A and B of this section, located in the recycled water use area.
(Ord. 2116 § 1, 2015; Ord. 2176 § 3, 2018)
A. 
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 located within the recycled water use area, 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 once approved in accordance with Chapter 14.06.
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 designee, determines that:
1. 
Such use could pose a potential threat to public health, safety, and welfare, and/or the protection of the environment.
2. 
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.
B. 
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.
C. 
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 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:
1. 
Not economically feasible because of distance from, or access to, available or planned recycled water sources;
2. 
Landscape irrigation demands within the new development are minor relative to overall water demands; or
3. 
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 30 days.
D. 
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.
(Ord. 2116 § 1, 2015; Ord. 2176 § 3, 2018)
A. 
Through the assistance of the city's recycled water program, existing customers and/or existing development with dedicated irrigation meters serviced with potable water within the recycled water use area shall be converted to recycled water service in accordance to Chapter 14.06 and the city's Recycled Water Use Guidelines. Existing customers can be exempt from the requirements of this section if the director of operations and water utilities or designee determines at least one of the following criteria are met:
1. 
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 director of operations and water utilities or designee.
2. 
Irrigation demands are minor compared to overall water demands.
3. 
Inadequate recycled water supply is available to service the demand.
4. 
Conversion to recycled water service at the existing customer and/or existing development's property is determined to pose a potential threat to public health, safety and welfare, and/or the protection of the environment.
5. 
The current or planned use(s) of water serviced through the existing potable irrigation meter is/are 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.
B. 
Nothing in this section shall be construed to prohibit any existing customer or existing development with dedicated irrigation meters from voluntarily applying for recycled water service. The city shall have the right to deny such application if the city engineer and/or director of operations and water utilities, or designee determines that inadequate recycled water supply is available to serve the demand.
(Ord. 2116 § 1, 2015; Ord. 2176 § 3, 2018)
A. 
Upon the request of the city's recycled water program to begin the process of water service conversion to recycled water, existing customers have 30 days to submit a recycled water use permit application in accordance with Chapter 14.06 and the city's Recycled Water Use Guidelines, or provide an exemption request as outlined in Section 14.20.050. If additional time is required to prepare and submit the recycled water use permit application, an existing customer may request an extension from the recycled water program with a mutually acceptable end date.
B. 
Failure to comply with the terms of this chapter may result in the following:
1. 
A violation of the city's water waste prohibition as defined in Section 14.04.060(G)(7), which is subject to an administrative citation (Chapter 1.24) and/or discontinuance of potable water service of the irrigation meter(s) within the recycled water service area for the wasteful use of potable water to irrigate landscaping as specified in Section 14.04.130(B).
2. 
Discontinuance of potable water service without notice to dedicated landscape meters during activated stages of water shortage as specified in Chapter 9.30, in order to protect potable water supply for public health and safety, regardless of any previously approved exemption granted in accordance with Section 14.20.050.
(Ord. 2176 § 3, 2018)
A. 
After receipt of the written determination described in Sections 14.20.040(C) and 14.20.050(A), a written appeal may be filed with the city manager within 30 days of the date of the determination.
B. 
Such written appeal shall state the basis for such appeal and provide any applicable supporting documentation.
C. 
The city manager may request reasonable additional information. After receipt of any additional information, the city manager shall issue a written decision within 30 days regarding the appeal. The city manager's decision regarding the appeal shall be final.
(Ord. 2116 § 1, 2015; Ord. 2176 § 3, 2018)
This chapter also does not alter any rights, remedies, or obligations that may exist pursuant to: Chapter 7 (commencing with Section 13500) of Division 7 of the California Water Code; or other vested rights under state law or applicable agreements.
(Ord. 2116 § 1, 2015; Ord. 2176 § 3, 2018)