The Legislature of the State of California has adopted the Water Recycling in Landscaping Act (Gov. Code §§ 65601-65607, hereinafter referred to in this Chapter as the "Act"), along with sections 1009 and 13550-13556 of the California Water Code, evidencing a state-wide interest in developing facilities to reclaim and reuse water to supplement existing surface and underground water supplies and to assist in meeting the future water requirements of the State. Pursuant to the Act, the Scotts Valley Water District ("District") has notified the city that recycled water either is currently available or is expected to be available within ten years within the boundaries of the city. Recycled water is determined to be available pursuant to California Water Code section 13550 in new industrial, commercial or residential subdivisions located within the designated recycled water use areas in the city.

(Ord. No. 16.117, § 1, 5-19-04)

These regulations are adopted under the authority of the Act. It is the policy of the city that recycled water which has been determined to be available pursuant to section 13550 of the California Water Code shall be used for nonpotable uses within the designated recycled water use areas as designated by the District when the city has determined (1) there is not an alternative higher or better use for the recycled water, (2) its use is economically justified, and (3) its use is financially and technically feasible for projects under review by the city. In furtherance of that policy, this chapter establishes the general rules and regulations governing the use and distribution of recycled water in accordance with applicable laws and regulations.

(Ord. No. 16.117, § 1, 5-19-04)

The District, in cooperation with the city, has designated certain areas in the city as recycled water areas, all as set forth on a map, a copy of which is on file at the District offices. The District and city may, from time to time, modify the map and if new designations are established by the District, the District shall file an updated map with the community development director within 60 days of such re-designation.

(Ord. No. 16.117, § 1, 5-19-04)

A.

Subdivision Applications. No subdivision map for new development for any industrial, commercial or residential subdivision for which a tentative or parcel map is required by the city for parcels located within a recycled water project area shall be deemed complete without the subdivider having first provided the city with information adequate for the city to make the determinations set out in Section 17.47.020. Upon receipt by city of an application for a tentative or parcel map for any industrial, commercial or residential subdivision the following procedure shall apply:

1.

Referral to District for Recommendation. Upon application by a subdivider, and prior to deeming a new subdivision application complete, the community development director shall refer the application to the District for review and recommendation regarding the use of recycled water and the installation of separate water meters and recycled water systems. The District shall make every effort to respond in writing within thirty days after the date of the referral, specifying its recommendation. The city need not consider the District's recommendation if it is not received within thirty days or if the pending application may be deemed approved under the Permit Streamlining Act before the recommendation is received.

2.

City Action on Project. The city shall consider, as part of the subdivision review process, the recommendations of the District to determine if conditions of approval must be applied to the proposed subdivision to implement the policies established in this chapter. After considering whether higher or better uses for recycled water exist and considering economic and financial feasibility as provided in this chapter, the city council may add conditions to the map approval implementing the appropriate use of recycled water into the resulting improvements requiring the use of water that may be accomplished by use of recycled water. Common nonpotable uses that shall be considered for recycled water include, but are not limited to, irrigation of golf courses, parks, greenbelts, cemeteries, landscaped streets and medians, water intensive industrial uses, and other irrigation uses for both public and private development.

B.

Public Improvements and Properties. Where deemed appropriate by the city council, existing and new city-owned or operated projects within a designated recycled water use area may be designed to accommodate recycled water. In addition, the city shall encourage other public agencies that are constructing projects with landscaping or other water intensive uses to work with the District to make use of recycled water where the construction is within a designated recycled water use area.

C.

Major Industrial and Commercial Projects. Projects seeking discretionary approval from the city which involve the construction or re-construction of major industrial or commercial uses, especially those which have significant irrigation and/or water intensive aspects that can use recycled water and which are located in designated recycled water use areas, shall, as part of the review process, be treated like the subdivision processing set out in Section 17.47.040A, and where necessary, conditions attached which result in the use of recycled water.

D.

Permits from State Agencies. Projects which are determined to be required for hook up to the recycled water system are required to work with the District to obtain the necessary permits from the State Department of Health Services prior to hooking up and using recycled water.

(Ord. No. 16.117, § 1, 5-19-04)

Public or private projects which are required to install recycled water systems shall be required to construct a separate plumbing system to serve nonpotable uses where appropriate and with plans approved by the District. The separate system to serve nonpotable uses shall be independent of the plumbing system provided to serve domestic, residential, and other potable water uses in the subdivision or as part of the project under review.

(Ord. No. 16.117, § 1, 5-19-04)

The District and any lawful successor responsible for the distribution of recyclable water in the city shall have the final authority whether to issue a recycled water connection permit. Issuance shall be subject to reasonable rules and regulations adopted by the District. If the construction of a recycled water system is a condition of approval required by the city and the District refuses to issue a permit, the applicant may seek removal of the condition by the city based upon the District's actions.

(Ord. No. 16.117, § 1, 5-19-04)