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4 <br /> <br />LA515\161\1061684.v3 <br />extending from eastern property line to western property line, and must encompass all areas <br />outside of the building’s footprint. The final location and dimensions of the easement must be <br />approved by the City Engineer prior to recording. <br /> <br />5. All proposed easements shall be subject to review and approval by the City <br />Attorney and the City Engineer prior to the release of RLS No. 132 for recording. <br />The drainage and utility easement must be established along the entire north <br />side of the building, extending from the eastern property line to the western <br />property line, and must encompass all areas outside of the building’s <br />footprint. The final location and dimensions of the easement must be <br />approved by the City Engineer prior to recording. <br /> <br />Because there are no utility connection plans to review at this time, the intention with this <br />blanket easement is to ensure flexibility for any future development to the east. <br /> <br />B. Conditions regarding timing of connection to sewer and water (Conditions #3, #6, <br />#7) <br />These conditions originally stated that the sewer and water connection must be made ahead of <br />any building permits. The Applicants had concerns that the language would prevent regular <br />maintenance and emergency repairs to the building. <br /> <br />The conditions have been updated to include language that allow building permits for regular <br />maintenance “such as roofing, siding, windows or any emergency repairs to keep the <br />building from deteriorating” ahead of sewer connection. Staff believes that these changes <br />allow for upkeep of the building while maintaining clear requirements that the properties must <br />connect to City sewer and water prior to any redevelopment of the properties. It is important to <br />note that per City Code Section 5.08.080, if the property is sold or transferred, the building must <br />be connected to sewer and water prior to that event happening. <br /> <br />Sewer and Water Connection: The Engineering memo recommends that the Applicants <br />connect to City sewer and water ahead of recording the RLS. Per City Code Section 5.08.080 <br />which states that properties such as this one that is within the MUSA must connect to City sewer <br />and water within two years of it becoming available at the site and ahead of selling property. <br />RLS/minor subdivision approval is a planning/zoning act, not a sale, conveyance, or transfer of <br />property ownership. The intent of including a condition for a sewer connection at the time of <br />certain building permits is to get the sewer connection requirement on the record and to ensure <br />compliance for future development and occupancy. However, it should be noted that the <br />additional review of this project has highlighted a gap between policy and implementation. The <br />Council should discuss this issue and provide direction to staff in the near future regarding the <br />timing of sewer and water connections within the MUSA. <br /> <br />RECOMMENDED CONDITIONS OF APPROVAL: <br /> <br />1. The Applicants must obtain all other necessary City, state, and other governing <br />body permits and approvals prior to release of RLS No. 132 for recording.