26 ATTACHMENTS (B) - Laserfiche WebLink

Conditioning the project with this alternative would require the Chrismans to install a two-inch permanent water line that would be located within the area on Chrismans' site that will be dedicated to the City as the right-of-way for access purpose for future development to the Brozosky site. In addition, the Brozoskys would install atwo-inch water line on their property (for which the applicants would reimburse them) in order to obtain City water service. The Brozoskys would, as required by the Financing Program of the Specific Plan, pay for their share of the Specific Plan fee only when they permanently connect to the City water. This condition would avoid creating an easement in favor of the Brozoskys on the Chrismans' property as well as ensure that City staff would not be required to travel onto private property to read a meter. Because, however, this new condition as written does not eliminate any existing rights that the Chrismans have to use the well on the Brozosky property, nor eliminate the easement that the Chrismans have on the Brozosky property to access the well, the Brozoskys are not satisfied with this alternative The Brozoskys would like the condition to eliminate the rights of the Chrismans' to use the well and, by extension, to extinguish their easement rights to the well. The benefit of this alternative is that it will provide a solution that has the same intent as the original condition by providing a temporary source of water in the event the existing well should fail, does not create new easements, and does not require City staff to read meters that would be located significantly away from public roads. As with Option One, the Commission could find that the use of well water is not required for irrigation purposes and, accordingly, recommend a revision to the conditions to eliminate the right of the Chrismans to use the well on the Brozosky property (because i would not be required for irrigation purposes) once City water service is available to the Chrisman property. Option 3 As a third option, the Planning Commission may wish to recommend rescinding the entire condition and not require the Chrismans provide any temporary water source to the Brozoskys. This option would relieve the Chrismans of the obligation to install a water line for the benefit of the Brozosky property. This option would maintain the status quo with both property owners. As with the other options, under this scenario the Planning Commission could recommend that the Chrismans' right to use the well be abandoned upon water service to the Chrismans' property. The Commission could find that the use of well water is not required for irrigation purposes and, accordingly, recommend a revision to the conditions to eliminate the right of the Chrismans to use the well on the Brozosky property (because it would not be required for irrigation purposes) once City water service is available to the Chrisman property. Case No. PUD-OS-02M 18 Planning Commission