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)
"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. 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)