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BACKGROUND The property owner recently received an approval from Alameda County to subdivide an existing 38,400 square foot parcel located at 364 Linden Way into three lots with the condition to connect to the City's water and sewer systems. This property is located within the unincorporated area known as the Remen Tract. In order to receive City services for a new residence or development the City requires the applicant to have their proposal reviewed by the City's Planning Division to ensure conformance with the City's zoning regulations. When a property is within 200 feet of a public sewer line, Alameda County Department of Environmental Health regulations require all new development to utilize the public sewer. A request to connect to City water and sewer systems also requires the property owner enter into a preannexation agreement with the City. In July 2010, staff received a referral from the Alameda County Community Development Agency Planning Department for a proposed three-lot subdivision at 364 Linden Way. Staff commented that it could not support the proposal as it does not meet the City of Pleasanton R-1-10,000 Zoning District's regulations in terms of the required lot width. Specifically, one of the lots is 75 feet wide where 80 feet is required. In November 2010, Mr. Hashemi requested a variance approval from the City for a reduction in the required lot width. Staff met with Mr. Hashemi several times, and informed him that it could riot make the required findings for the requested variance. Hashemi chose to seek County approval instead of modifying the project so that it would conform to both the County and the City's zoning regulations. On April 12, 2011, Mr. Hashemi received approval from the County to subdivide his parcel into three lots. The approval meets the County's development standards of R-1-B- 10 (Single-Family Residence, 10,000 square foot minimum building site area). On April 26, 2011, Mr. Hashemi requested that he be allowed to connect to the City's sewer and water services. DISCUSSION In the past, there have been many requests for water and sewer and preannexation agreements from residents in the Remen Tract. These requests resulted from either a failed existing on-site septic tank system or due to development of additional lots. Staff has recommended approvals for the majority of these requests as they met the City's requirements in terms of lot dimensions, house setback, heights, etc. However, in rare cases, staff has approved water and sewer connections where the proposal did not meet the R-1-10,000 zoning district standards. Recommendations are made on a case-by- case situation and the previous decisions in approving sewer and water connections do not set a precedent for future development review. In this case, staff has worked with the applicant, tried to find solutions that would meet the applicant's desire as well as the City's regulations. Staff suggested a two-lot subdivision that would meet the City's development standards but the applicant declined. Page 2 of 4