.010 Any person or entity with a Large Landscape Area may deviate from Subsection .030 of Section 10.18.080 and Subsection .020 of 10.18.090; provided such person or entity obtains an Alternative Compliance Plan approved by the General Manager or designee. At a minimum, an Alternative Compliance Plan must require the person or entity with a Large Landscape Area to (a) install and maintain throughout the duration of the plan Eligible Weather-Based Irrigation Controllers within the Large Landscape Area; (b) reduce overall potable water use by an amount equal to that amount set forth in the Alternative Compliance Plan; and (c) must use recycled water if it is available from the Department. The General Manager or designee may require revisions to the Alternative Compliance Plan in the event the State Water Resources Control Board sets a new water conservation standard for the City. Once the General Manager or designee approves the Alternative Compliance Plan or any amendments thereto, the person or entity with such a plan shall strictly comply with its provisions.
.020 Any person or entity may deviate from the designated watering days of the week in Subsection .030 of Section 10.18.080 and Subsection .020 of Section 10.18.090; provided such person or entity obtains an Alternative Compliance Plan approved by the General Manager or designee. The General Manager or designee shall only approve such an Alternative Compliance Plan when the General Manager or designee makes all of the following findings: (a) that the deviation does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses; (b) that because of special circumstances applicable to the property or its use, the water day designation will have a disproportionate impact on the property or use that exceeds the impacts to residents and businesses generally; (c) that the authorizing of such deviation will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the City to effectuate the purpose of this ordinance and will not be detrimental to the public interest; and (d) that the condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent or general in nature. If approved by the General Manager or designee, the Alternative Compliance Plan of that person or entity shall solely authorize the person to deviate from the designated watering days of the week, and no such approval shall authorize any deviation from the limitation on the number of watering days per week.
.030 In the event the General Manager or designee disapproves a request for an Alternative Compliance Plan under Subsections .010 and .020 of this Section, such person or entity who receives such notice may appeal this determination to the Public Utilities Hearing Board within five (5) days of the written notice of the decision of the General Manager or designee. On appeal, the Public Utilities Hearing Board shall review the determination and render a final non-appealable decision.
.040 If the General Manager or designee determines any person or entity fails to comply with their Alternative Compliance Plan, the General Manager or designee may issue a notice to comply requiring strict compliance with the Alternative Compliance Plan (a) by the end of the next billing cycle for a Customer; or (b) within sixty (60) days for a non-Customer. If the person or entity fails to comply with the notice to comply, the General Manager or designee may terminate that Alternative Compliance Plan with five (5) days prior written notice and, in such case, that person or entity shall no longer deviate from Subsection .030 of Section 10.18.080 and Subsection .020 of Section 10.18.090 and shall immediately comply with these subsections. Any person or entity who receives such notice may appeal this determination to the Public Utilities Hearing Board within five (5) days of the written notice to terminate. On appeal, the Public Utilities Hearing Board shall review the determination to terminate the Alternative Compliance Plan and render a final non-appealable decision. (Ord. 6332 § 2 (part); May 19, 2015.)