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(a) Development Project. A development project located within the boundaries of a reclaimed water use area designated pursuant to Section 1203(b)(2) of this Article may receive a site permit, building permit, land development authorization, or project authorization pursuant to City Planning Code Sections 320, et seq., only if the appropriate City permit approval or authorization official, as determined by the nature of the action requested by the project developer, determines that:
(1) An exemption has not been granted by the General Manager of the Water Department in accordance with Section 1204(d)(2)(c) of this Article;
(2) The development project provides for the construction and operation of a reclaimed water system and a reclaimed water irrigation system;
(4) The development project is in compliance with all applicable City Code Sections providing for the design, installation and construction of all facilities necessary to the operation of a reclaimed water system and/or a reclaimed water irrigation system to serve the potential uses of the property or structure covered by the proposed permit or authorization, as may be further specified in the provisions of this Article, or the provisions of codes and regulations adopted pursuant to or in furtherance of this Article.
(b) Subdivision Approvals.
(1) Parcel Map or Tentative Subdivision Map Conditions. The Director of Public Works shall not approve a tentative subdivision map or a parcel map for any property within the boundaries of the reclaimed water use area map, as provided in Section 1203(b)(2) of this Article, unless a condition is imposed requiring compliance with all applicable City Code Sections providing for the design, installation, construction, or dedication of all public works, public improvements, infrastructure or fixtures necessary to the operation of a reclaimed water distribution system to serve the potential uses of the property covered by the parcel map or tentative subdivision map, as may be further specified in the provisions of this Article, or the provisions of codes and regulations adopted pursuant to or in furtherance of this Article.
(2) Subdivision Regulations. The Director of Public Works shall adopt regulations as necessary, consistent with and in furtherance of this Article, to ensure that all subdividers of property subject to the provisions of this ordinance provide such public improvements as are necessary to serve the subdivided property with reclaimed water from a reclaimed water distribution system.
(3) Final Maps. The Director of Public Works shall not endorse and file a final map for property within the boundaries of a reclaimed water use area without first determining whether:
(A) The subdivider has complied with the conditions imposed on the tentative subdivision map or parcel map, pursuant to this Article, and the ordinances and regulations adopted in furtherance thereof; and
(B) For any such conditions not fully satisfied prior to the recordation of the final map, the subdivider has signed a certificate of agreement and/or improvement agreement, to ensure compliance with such conditions.
(4) This Subsection (b) shall not apply to tentative subdivision maps or parcel maps submitted solely for the purposes of condominium conversion, as defined in San Francisco Subdivision Code Section 1308(d).
(c) Reclaimed Water Use Registration and Issuance of Certificate. Any owner, operator or manager of a development project, or an irrigation system subject to Section 1204(e), located within the boundaries of a reclaimed water use area shall register such development project or irrigation system with the Water Department. The General Manager of the Water Department (or designee) shall issue a certificate of intention to use reclaimed water ("reclaimed water use certificate") and shall maintain a register of all such development projects and irrigation systems. The Water Department may inspect the operations of reclaimed water systems, reclaimed water irrigation systems and reclaimed water distribution systems to ensure the mandatory use of reclaimed water. The Water Department, acting through its Public Utilities Commission, is authorized to impose and collect fees in its discretion to recover the costs of implementing Sections 1204(c) and (d) of this Article, including costs of documentation processing, issuance of certificate, inspection, consultation with applicants and administration of Sections 1204(c) and (d) of this Article.
(d) Reclaimed Water Use.
(1) Mandatory Use. Reclaimed water shall be used in all reclaimed water systems, reclaimed water distribution systems and reclaimed water irrigation systems required by Sections 1204(a), 1204(b) and 1204(e) of this Article, in a manner and to the extent consistent with all applicable local, State and Federal laws.
(2) Exemptions.
(A) The General Manager may issue a reclaimed water use certificate temporarily exempting compliance with Section 1204(d)(1) if the General Manager determines that reclaimed water is not currently available. If the General Manager makes such a determination, potable water may be supplied on a temporary basis, until the General Manager determines that reclaimed water is available.
(B) Potable or nonpotable water obtained from a subsurface water supply underlying a development project, subdivision or irrigation system subject to this Article may be used for the development project, subdivision or irrigation system if authorized by the General Manager through issuance of an alternative water supply certificate. The certificate may be issued under circumstances where the General Manager has determined that the Water Department will not be using the subsurface water supply for municipal water supply purposes. The General Manager may revoke any such reclaimed water use certificate and require the use of reclaimed water whenever the Water Department determines that the subsurface water supply is necessary for municipal water supply purposes. Revocation of the certificate will be effective one year after receipt of written notice.
(C) The General Manager may issue reclaimed water use certificate exempting certain uses from compliance with Subsections (a), (d)(1), and (e) of Section 1204 under circumstances where the use of reclaimed water is not appropriate. The person or entity requesting such an exemption shall have the burden of demonstrating that the use of reclaimed water is not appropriate for the intended purposes and cannot be made usable by user pretreatment processes or other project modifications.
(e) Irrigation Systems.
(1) New Irrigation Systems. A landscaped area located within the boundaries of a reclaimed water use area and not constructed in conjunction with or as part of a development project subject to Section 1204(a) shall be constructed for the use of reclaimed water and shall comply with the provisions of this Article if it comprises an area of 10,000 square feet or more.
(2) Existing Irrigation Systems.
(A) Irrigation systems using potable water located within a reclaimed water use area shall be converted to use reclaimed water upon a determination by the General Manager (or designee) of the Water Department that reclaimed water is currently available for use. This conversion requirement shall apply to irrigation systems for irrigated property 10,000 square feet or more in size.
(B) The General Manager shall, by written notice, inform the owner of the irrigated property that the irrigation system must be converted to use reclaimed water within 180 days of the date of mailing of the written notice. In the event the property is owned by more than one person or entity, notice to any one such owner is sufficient notice under this Article. The General Manager may provide an extension of the 180- day conversion period, if appropriate.
(C) An owner may file an objection to the required conversion by submitting to the Water Department, by certified mail, return receipt requested, a written statement of the reasons why the irrigation system should not be required to convert to reclaimed water. The written statement will not be considered by the Water Department if it is not received by the Water Department within 60 days of the date the notice was mailed to the owner. The General Manager may rescind the conversion requirement only on the grounds of severe economic hardship or technical infeasibility.
(D) In addition to other penalties provided by this Article or by law, failure to convert the irrigation system to use reclaimed water within the time prescribed in the notice shall be sufficient cause for the Water Department to terminate potable water service to the irrigation system, or in the case of common irrigation and potable water uses, the placement of a flow restrictor on the service line.
(f) Applicability.
(1) Subsections (b), (c), (d) and (e) of this Section of this Article shall be applicable immediately upon the effective date of this Article.
(2) Subsection (a) of this Section of this Article shall not apply to development projects for which a site permit, building permit, or project authorization pursuant to City Planning Code Sections 320, et seq., has been issued within 180 days after the effective date of this Article.
(3) All development projects, except solely residential projects, for which a site permit, building permit, or project authorization pursuant to City Planning Code Sections 320, et seq., is issued more than 180 days after the effective date of this Article shall be in full compliance with this Article.
(4) All development projects, including residential projects, for which a site permit, building permit, or project authorization pursuant to City Planning Code Sections 320, et seq., is issued subsequent to January 1, 2000, shall be in full compliance with this Article.
(Added by Ord. 390-91, App. 11/7/91 and Ord. 391-91, App. 11/7/91)
Within six months of the enactment of this Article, the Department of Public Works, in cooperation with the Public Utilities Commission, the Department of Public Health, and the San Francisco Fire Department, shall prepare and issue material and construction specifications for reclaimed water irrigation systems, reclaimed water distribution systems and reclaimed water systems. Specifications shall include, but not be limited to, pipe identification, quick coupling valves, use of distribution systems, washdown hydrants and other points of public access, warning labels, control and regulating valves, strainers, reclaimed water piping, potable water piping, conversion requirements, design criteria, backflow and cross-connection prevention designs and devices, and facilities for temporary potable water use if reclaimed water is not available. Specifications shall be based on the final draft "Guidelines for Distribution of Nonpotable Water," issued by the Association of Water Works Agencies, California-Nevada Section, Water Reclamation Committee (as amended from time to time), unless the Department of Public Works determines that sound engineering judgment relating to local conditions and practices requires deviation from such specifications.
(Added by Ord. 390-91, App. 11/7/91 and Ord. 391-91, App. 11/7/91)
(a) Any person who violates any provision of this Article is guilty of an infraction punishable by a fine in an amount not in excess of $500. Each day each violation is committed or permitted to continue shall constitute a separate offense.
(b) Any person who intentionally or negligently violates any provision of this Article shall be liable to the City in an amount not to exceed $1,000 per day for each violation that occurs.
(c) Use of potable water in violation of this Article may result in the termination of potable water service by the General Manager of the Water Department.
(d) The enforcement actions authorized in Subsections (a), (b) and (c) are in addition to, and do not supersede, any other remedies available under City, State or Federal construction codes and health codes applicable to activities subject to this Article and any other remedies available under law.
(Added by Ord. 390-91, App. 11/7/91 and Ord. 391-91, App. 11/7/91)
The Public Utilities Commission, the Department of Public Works, the Health Department and the Fire Department are authorized to promulgate rules and regulations for the implementation of this Article.
(Added by Ord. 390-91, App. 11/7/91 and Ord. 391-91, App. 11/7/91)
The provisions of this Article shall apply, to the extent consistent with applicable laws, to any government-operated irrigation systems serving 10,000 square feet or more of landscaped property and new construction and operation of 40,000 square feet or more of government-owned and operated buildings and structures.
(Added by Ord. 390-91, App. 11/7/91 and Ord. 391-91, App. 11/7/91)
The following areas are designated for the use of reclaimed water in accordance with this Article:
(a) Westside. The Westside area includes seven sub-areas: Lake Merced, Great Highway, Golden Gate Park, 39th Avenue, Lincoln Park, Richmond Tunnel and Presidio. Each of these sub-areas is described as follows:
Lake Merced. The Lake Merced sub-area is bound by the Pacific Ocean on the west and by the San Francisco City and County Boundary on the south. On the east, the Lake Merced sub-area is bound by Junipero Serra Boulevard from the City and County Boundary north to Sloat Boulevard, by West Portal Avenue from Sloat Boulevard northeast to 15th Avenue, and by 15th Avenue from West Portal Avenue north to Vicente Street. On the north, the Lake Merced sub-area is bound by Vicente Street extending in a line from 15th Avenue west to the Pacific Ocean.
Great Highway. The Great Highway sub-area is bound by the Pacific Ocean on the west and a line extending from the Pacific Ocean east to Vicente Street and 47th Avenue on the south. On the east, the Great Highway sub-area is bound by 47th Avenue from Vicente Street to Lincoln Way, by Lincoln Way from 47th Avenue west to the Great Highway, and by the Great Highway from Lincoln Way north to Sutro Height Park. On the north, the Great Highway sub-area is bound by the southerly boundary of the Sutro Heights Park.
Golden Gate Park. The Golden Gate Park sub-area is bound by the Great Highway on the west. On the south, the Golden Gate Park sub-area is bound by Lincoln Way from the Great Highway east to Frederick Street, and by Frederick Street from Lincoln Way east to Stanyan Street. On the east, the Golden Gate Park sub-area is bound by Stanyan Street from Frederick Street north to Fulton Street. On the north, the Golden Gate Park sub-area is bound by Fulton Street from Stanyan Street west to the Great Highway.
39th Avenue. The 39th Avenue sub-area is bound by 40th Avenue on the west, Fulton Street on the south, 38th Avenue on the east, and Clement Street on the north.
Lincoln Park. The Lincoln Park sub-area is bound by the Pacific Ocean on the north and west. On the south, the Lincoln Park sub-area is bound by the southerly boundary of Sutro Heights Park extending east from the Pacific Ocean to 48th Avenue, by 48th Avenue from the southerly boundary of Sutro Heights Park north to Point Lobos Avenue, by El Camino Del Mar from Point Lobos Avenue north to Seal Rock Drive, by Seal Rock Drive from El Camino Del Mar east to Clement Street, and by Clement Street from Seal Rock Drive east to the easterly boundary of Lincoln Park. On the east, the Lincoln Park sub-area is bound by the easterly boundary of Lincoln Park extending in a line from Clement Street north to the Pacific Ocean.
Richmond Tunnel. The Richmond Tunnel sub-area extends 400 feet each side of a line described as follows: Beginning at the intersection of Fulton Street and 35th Avenue the line extends north 150 feet in 35th Avenue, then northeast in a straight line to the intersection of Lake Street and 26th Avenue, then east in Lake Street to the intersection of Lake Street and 24th Avenue, then north in a line extending from the intersection of Lake Street and 24th Avenue to the southerly boundary of the Presidio Military Reservation.
Presidio. The Presidio sub-area is bound by the Pacific Ocean on the north and west. On the south, the Presidio sub-area is bound by the southerly boundary of the Presidio Military Reservation from the Pacific Ocean east to Park Presidio Boulevard, by the southerly and easterly boundaries of Mountain Lake Park from Park Presidio Boulevard to West Pacific Avenue, by West Pacific Avenue extending in a line from the easterly boundary of Mountain Lake Park east to Lyon Street. On the east, the Presidio sub-area is bound by Lyon Street extending in a line from West Pacific Avenue north to the Pacific Ocean.
(b) Eastside. The Eastside area is bound by San Francisco Bay on the east and north. On the west, the Eastside area is bound by Grant Street extending from San Francisco Bay south to its intersection with Francisco Street, by Francisco Street east to its intersection with Kearny Street, by Kearny Street south to its intersection with Chestnut Street, by Chestnut Street east to its intersection with Montgomery Street, by Montgomery Street south to its intersection with Lombard Street, by Lombard Street east to its intersection with Sansome Street, by Sansome Street south to its intersection with Market Street, by Market Street southwest to its intersection with 2nd Street, by 2nd Street southeast from its intersection with Market Street to the intersection of 2nd Street and Mission Street, by Mission Street southwest from 2nd Street to the intersection of Mission Street and 7th Street, by 7th Street from Mission Street southeast to 16th Street, by Interstate 280 from the intersection of 7th Street and 16th Street south to Army Street, by Army Street from Interstate 280 west to Bayshore Boulevard, by Bayshore Boulevard from Army Street south to Jerrold Avenue, by Jerrold Avenue from Bayshore Boulevard southeast to Interstate 280, and by Interstate 280 from Jerrold Avenue southwest to Newcomb Avenue. On the south, the Eastside area is bound by Newcomb Avenue from Interstate 280 southeast to Third Street, by Third Street from Newcomb Avenue northeast to Evans Avenue, by Evans Avenue from Third Street southeast to Middlepoint, by Middlepoint southwest to Ingalls Avenue, by Ingalls Avenue southwest to Wallace Avenue, and by a line extending southeast along Wallace Avenue to San Francisco Bay, including the Hunters Point Naval Shipyard.
Treasure Island. The Treasure Island sub-area shall include all of Treasure Island and Yerba Buena Island.
(Added by Ord. 390-91, App. 11/7/91; amended by Ord. 393-94, App. 11/23/94)
If any section, paragraph, sentence, clause or phrase of this Article or any part thereof, is for any reason held unconstitutional, invalid or ineffective by any court of competent jurisdiction, said decision shall not affect the validity or effectiveness of the remaining portions of this Article, or any part thereof. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase herein, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective.
(Added by Ord. 390-91, App. 11/7/91 and Ord. 391-91, App. 11/7/91)