A. Mandatory Compliance: No building permit shall be issued or land divisions approved nor shall any water be allocated to any person without first complying with the provisions of this Section. (Ord. 91-40, 1-7-1992; amd. 1993 Code)
B. Request For Allocation:
1. Requests for water allocations for any new or remodeled buildings or structures or relocation of existing structures or land divisions must be made in writing to the City Manager's office. The request must include the following:
a. The amount of water needed.
b. One set of building or development plans.
c. Schedule of construction if the water allocation is ultimately allowed. (Ord. 94-10, 12-6-1994)
2. In addition, the applicant shall supply any and all details requested by the City Manager to allow that official to estimate the amount of water needed to satisfy the intended use. (Ord. 91-40, 1-7-1992; amd. 1993 Code; Ord. 94-3, 1-18-1994)
C. Will-Serve Letters: If the application is approved by the City Manager for the quantities requested, the application will be issued a "will-serve" letter. Water will be allocated according to the date of issue on the will-serve letter. All applications on file with the City Manager but not approved as of the effective date hereof shall be given initial time priority over any applications filed subsequent to the effective date hereof. This Section does not apply to allocations previously granted by the Council either through the issuance of building permits or other documents.
D. Notice Of Availability Of Water; Time Limit On Application: The applicant shall have six (6) months to apply for a building permit beginning from the date of receipt of final written notification that water is available. Failure of the applicant to apply for a permit within said time shall result in the applicant's will-serve letter becoming null and void. Water will be allocated at the time a final map is filed with the County Recorder. Unless otherwise exempted under subsection I or J of this Section, all builders must secure a building permit within one year or else would be subject to reapplying for allocations for each building.
E. Time For Construction; Effect:
1. Construction might begin and proceed within six (6) months after a permit is issued in accordance with a schedule submitted and approved by the City Manager or the allocation assigned to the applicant may be removed from the project and the applicant will have to reapply for the necessary will- serve letter.
2. Before any application is voided, written notice of the intention to void shall be given to the applicant by registered mail, return receipt requested, at the address provided by the applicant upon applying at least twenty (20) days prior to the effective date. Within twenty (20) days from the postmark of the mailing of the notice, the applicant may, by written notice to the City Manager, register opposition to the action and, upon such notice of opposition, the matter shall be placed upon the next regularly scheduled meeting of the Council. Any action to void is stayed pending a hearing before the Council. At the conclusion of such hearing, the Council may confirm the action of voiding the application, deny the action or may condition the action upon compliance with certain terms and conditions.
F. Nontransferability Of Will-Serve Letters: Water allocations approved by the City Manager shall not be transferable from the specific project for which they were approved; however, the owner of the will-serve letter may assign or transfer the ownership of a will-serve letter upon transfer of the ownership of the specific project for which the permit was allocated.
G. Waiver Or Extension Of Time: Upon good cause shown by the applicant, all of the times set forth above may be extended or waived by the Council.
H. Reports; Final Approval: The City Manager shall submit to the Council a monthly summary report of the number of applications approved together with the total amount of water potentially to be allocated. Regardless of any provisions herein to the contrary, any such applications approved or disapproved by the City Manager shall be subject to the final approval, disapproval or modification by the City Council at the monthly meeting wherein the report is presented. The City Council may, upon good cause, continue its discretion on such applications to one or more later meetings.
I. Conditional Exemptions: The following forms of water needs are exempt from the requirements of this Section and may be allocated by the City Manager in accordance with water availability.
1. A new single-family residence for the owner's use and occupancy. This exemption is limited to one per year unless the water need is less than one thousand (1,000) gallons per day. A "single-family residence" means a detached building containing only one dwelling unit.
2. Remodeling of a single-family residence for the owner's use and occupancy.
3. Any commercial application which the city manager has determined has a need of five hundred (500) gallons per day or less.
4. Any project requiring special consideration because of a regulatory agency's order or rule is based upon health, welfare or safety purposes.
J. Exemptions:
1. Damage, Destruction, Obsolescence: This section does not apply to buildings required to be rebuilt or replaced due to damage or destruction in whole or in part from fire, weather, obsolescence or other similar causes. In such cases, the owner shall retain the same water allocation right which preexisted the rebuilding or damage.
2. Special Agreements: Upon good cause shown and consistent with the general welfare and development of the community, the council may require and enter into special water agreements for the development and use of water without compliance with the terms of this section.
K. Reservation Of Right: The council reserves the right, based upon evidence that the general health, welfare or safety of the inhabitants of the city would be substantially enhanced, to allocate water to other projects that may not have received a "will serve" letter according to subsection C of this section and adjust the allocation accordingly. (Ord. 94-10, 12-6-1994)