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Sec. 6-8.711. Determination of recycled water use area.
   (a)   General.
      (1)   The City Council may adopt and periodically review the City's Recycled Water Master Plan and recommend where water service should be made with recycled water in place of potable water. The Master Plan shall be in accordance with all of the requirements of the State Board and the RWQCB, and shall encourage recycled water use.
      (2)   If the City determines recycled water is available, or will be available within five (5) years, the City may request modifications to existing onsite water facilities and require construction of recycled water systems in new developments.
      (3)   The City Council may enter into agreements with other municipalities and public entities to identify recycled water use service areas within the City and the jurisdiction of each entity.
      (4)   The City may identify customers who are located within the City's service area, and within an area identified in the City's Recycled Water Master Plan as an area capable of receiving service from the City's recycled water system, and may determine the feasibility of providing recycled water service to identified users.
      (5)   If the City determines recycled water service is feasible, applicants for new recycled water service must install onsite facilities to accommodate both potable water and recycled water in accordance with this chapter.
   (b)   Existing potable water service.
      (1)   The City may make determinations of areas where existing potable water use should be replaced with recycled water use.
      (2)   The City shall provide notice of the determination to use recycled water to the current customer, explaining the reasons for recycled water use, procedures to facilitate recycled water use, and proposed conditions and schedule for the conversion. Partial or full conversion of existing customers to recycled water use may be mandated to the extent allowed or required by law.
      (3)   A customer seeking to convert to recycled water service must submit an application for a letter of approval to the City for review, along with any required application fee. The City shall review the application for completeness and contact the customer regarding the potential provision of recycled water service and the City's recycled water use agreement. If the customer does not agree to the terms of the recycled water use agreement, or if the City determines that recycled water is not available for the proposed use, the City may, in its sole and absolute discretion, refuse to provide such service.
   (c)   New recycled water service.
      (1)   Upon submittal by applicant of a tentative map, land use permit, other proposed land development/land use, or request for recycled water service, the Administrator shall make preliminary determinations if recycled water service can be provided to the area in question. Based upon such determinations, use of recycled water and construction of recycled water distribution systems or other facilities, and the application for recycled water service, may be required as conditions of approval for any development application, in addition to any other conditions of the new industrial, commercial or residential development.
      (2)   Upon submittal by applicant of a proposed alteration or remodeling of multifamily, commercial, or industrial structures which substantially increase a facility's area, volume or size, or upon request for recycled water service, the Administrator shall make preliminary determinations if recycled water service can be provided to the area in question. Based upon such determinations, use of recycled water and construction of recycled water distribution systems or other facilities, and the application for such use, may be required as conditions of approval for any application, in addition to other conditions of approval for the alteration or remodel.
      (3)   The Administrator may require the use of recycled water for approved uses and refuse or otherwise restrict potable water service when recycled water is available and approved for use.
      (4)   Any recycled water supply assessments or verifications prepared by the City will not entitle the applicant's project to recycled water service, or to any right, priority, or allocation in any supply, capacity, or facility, or affect the City's obligation to provide service to its users or potential future users. In order to receive service, the applicant, owner, or user must meet all of the applicable requirements of this chapter.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 28, Ord. 2816, eff. December 1, 2005 and § 2, Ord. 3197, eff. January 7, 2022)