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26 ATTACHMENTS (B)
City of Pleasanton
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CITY CLERK
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2008
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081908
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26 ATTACHMENTS (B)
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8/18/2008 1:19:06 PM
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8/15/2008 4:52:08 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
8/19/2008
DESTRUCT DATE
15 Y
DOCUMENT NO
26 ATTACHMENTS (B)
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(~ (~ <br />Although there was considerable discussion at the time of the original approval (both at <br />the PUD and vesting tentative map stage) regarding Mr. Brozoskys concern that the <br />well would fail and therefore that the Chrismans ought to abandon their interest in the <br />well once City water was provided to the Chrismans, the City Council, when it approved <br />the tentative map, did not impose that as a condition. The Council only imposed a <br />condition to require the Chrismans to provide to the Brozoskys an alternate water <br />source in the form of a temporary water supply. The City Council did not require the <br />Chrismans to abandon the use of or their rights to the well nor the easement with which <br />they access the Brozosky property in order to service their pumps in the joint well at the <br />time that they would be provided with City water. <br />The City Council imposed the following condition no. 23 of Vesting Tentative Map 7399, <br />which states: <br />"When the developer of the Chrisman property extends the water line providing <br />City water to the Chrisman residence, the developer shall extend the water line <br />from the Chrisman driveway to the Brozosky property line within the EVA area <br />shown on the tentative map. The size of the water line shall be the same as the <br />size of the water line that serves the Chrisman residence. The developer of the <br />Chrisman property shall also pay for and install at the edge of but within the <br />Brozosky property at 5/8-inch water meter, which meter shall serve the Brozosky <br />property only. Payment includes the standard connection fees for such meter. <br />Prior to the installation of the water line to the Brozosky property, and prior to the <br />installation of the meter, the Brozoskys may increase the size of the water line <br />and/or the meter at their own expense. The Brozoskys may connect to the meter. <br />Use of this water line shall be on an interim basis and shall be discontinued at <br />such time as the Brozosky property is connected to the City water system under <br />the Vineyard Avenue Corridor Specific Plan. This condition may also be satisfied <br />by a separate agreement signed by the Chrismans/Brozoskys." <br />Implied in this condition of approval is the Chrismans' continued use of, and access to, <br />the well. At that time, the Brozoskys objected to the Chrismans' continued use of the <br />well on their property for agricultural purposes after water service is provided to the <br />Chrismans' property. The Brozoskys continue to have that objection. At the Planning <br />Commission hearing Mr. Brozosky cited various documents reflecting his belief that <br />Chrismans' right to use the well should be abandoned. <br />Mr. Brozosky first cites the comments included the Draft EIR for the Specific Plan, at <br />pages 4.3-10 through 4.3-12, that addresses the impact of water degradation due to salt <br />loading. Under the Plan, there would be an increase in the use of lands for vineyards <br />and there would be increased landscaping for the new residences, both of which would <br />require irrigation. Assuming that groundwater would be used for those purposes, this <br />increase in agricultural operations and irrigated landscaping would be expected to <br />increase the discharge of salts into surface and subsurface waters due to the high salt <br />content of the groundwater in this area of the groundwater basin. In that context, the <br />Draft EIR provides that the proposed vineyards would be irrigated with groundwater <br />Case No. PUD-OS-02M 14 Planning (.'ommission <br />
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