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development. (See Attachment 2 ). To date, no residence has been constructed and the <br /> site remains vacant/undeveloped. <br /> In March 2022, the property was sold to the current owners: the Doyles. In April 2022, <br /> the Alameda County Planning Department referred to the City a proposed residential <br /> development on the site. City staff informed the County that per the preannexation <br /> agreement, the property owners are required to obtain City design review approval. <br /> On September 8, 2022, Mr. Doyle contacted City staff and expressed desire not to <br /> connect to the City's water and sanitary sewer systems. He said that the site has two <br /> productive wells, and a septic system has been approved by Alameda County <br /> Department of Environmental Health. He asked that the preannexation agreement be <br /> rescinded so that he would not be subject to the conditions in the agreement, as he <br /> does not intend to connect to City utilities. <br /> DISCUSSION <br /> Since the owners do not intend to connect their new home to the City's water or sanitary <br /> sewer systems, but rather use existing wells and a new septic system, the requirement <br /> for an out-of-area service agreement under state law (Cal. Government Code §56133) <br /> is moot. Therefore, the preannexation agreement can be rescinded. <br /> In the future, if the owners need to connect to the City's water or sanitary sewer <br /> systems, the owners would need to go through the process of obtaining City Council <br /> and LAFCo approval for out-of-area service pursuant to a preannexation agreement, or <br /> process an annexation application. <br /> The 2015 request for connection to the City's water and sanitary sewer systems was <br /> also reviewed and approved by LAFCo. City staff contacted LAFCo staff and was <br /> informed that no specific application is required by LAFCo for this rescission. <br /> .ub .t -d b : - Fiscal Review: Approved by: <br /> I <br /> -n lark Susan Hsieh Gerry Beaudin <br /> Director of Director of Finance City Manager <br /> Community Development <br /> Attachment: <br /> 1. Draft Resolution with recission agreement <br /> 2. City Council Resolution No. 15-784 with recorded preannexation agreement <br /> Page 2 of 2 <br />