13.10.040 General requirements and limitations on will-serve letters issued to developments outside city's corporate limits.

Unless otherwise agreed to in writing by the city council, any development outside the city's corporate boundaries must agree to the following conditions, in order to receive city water and/or sewer services:

(A) The applicant must clearly define the project being proposed, including the estimated water or sewage services required;

(B) The applicant must agree to abide by the rules and regulations of the city, including the payment of any and all fees and charges, unless otherwise specified in writing;

(C) The applicant must agree to waive any protest to the city's forty percent surcharge on outside city water customers, established to offset the tax and other revenue loss to the city by not annexing into the city;

(D) The applicant must agree to grant any required utility or access easements that may be reasonably required by the city;

(E) The applicant must agree to pay a nonrefundable deposit of five percent of the engineer's estimated costs of all required on- and off site public water and/or sewer facilities, in order to cover plan check and inspection charges;

(F) In the event the applicant's estimated or actual water consumption exceeds the city's per acre water limit, currently at six hundred fifty gallons of water per day per acre, then the applicant must agree to any one or a combination of the following conditions:

(1) Reduce or redesign the project to reduce overall water consumption to a point at or below the city's limit, including but not limited to, a more aggressive water conservation program, or the use of recycled water whenever possible,

(2) Integrate additional land into the project, which is also within the city's water service area, in such a manner that the overall consumption for the entire area is at or below the city's limit, or

(3) Agree to advance the costs to enhance the city's water supply, treatment and/or delivery system in order to compensate for the extra water demand. Any costs in excess of the project's fair share will be credited against the project's connection fees or be reimbursed to the applicant, as future development occurs;

(G) The applicant shall connect to city's wastewater collection and treatment system, if the applicant's project is within the city's sewer service area, unless the city council finds it creates an undue hardship on applicant;

(H) To the extent practical, the applicant must agree to utilize recycled water in its business operations or for landscaping and irrigation purposes, if and when it becomes available to applicant;

(I) The city may impose any other requirements that are appropriate to the specific development being proposed, such as, but not limited to, participation in a benefit assessment district;

(J) No will-serve letter shall be valid for a period greater than two years, unless specified in the letter itself;

(K) Any changes to the project description may void the letter, at the sole discretion of the city council; and

(L) In granting a will-serve letter, city makes no determination as to land use entitlements required for the proposed project, and the issuance shall not be construed to be an expression of city's position regarding the use or intensity of use of the development property.

(M) Notwithstanding the foregoing, consistent with the City-County Agreement, the city will provide water service to all outside customers and other outside customers upon request under all of the same terms and conditions under which the city provides water service to city customers, and the city will not impose any term or condition on any water service to any outside customer and other outside customers that is different from the terms and conditions that the city imposes on city customers, except that the city may continue to impose higher water rates on outside customers and other outside customers consistent with Hansen v. City of San Buenaventura (1986) 42 Cal.3d 1172.