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Page 2 of 2 <br />needs. Similar concerns were raised by DSRSD during the City's review of the Arroyo Lago <br />project; and as a result, on October 15, 2025, DSRSD and the applicant (330 Land Company, <br />LLC) signed an agreement in which the applicant “will fund the preparation of additional utility <br />analyses to determine the impacts on the District’s system….” In addition, in the same <br />agreement, the applicant agreed "to mitigate any impacts identified by the analysis." Funding <br />for the study was subsequently provided by the applicant to DSRSD. <br /> <br />DISCUSSION <br />In their July 27 letter, DSRSD has requested that the requirement to fund any additional <br />technical studies and pay any fair share costs of needed upgrades be imcluded in the project <br />Conditions of Approval to memorialize and ensure that such provisions can be effectively <br />enforced. Specifically, DSRSD requested the following conditions be included in the City’s <br />approval of the Project: <br /> <br />These conditions were not incorporated into the Conditions of Approval as approved and <br />adopted by City Council on July 27, 2026. However, City staff concurs with DSRSD that adding <br />the conditions would clarify the obligations of the developer with respect to the needed <br />study(ies) and any fair share costs for improvements. Therefore, it is recommended that the <br />City Council introduce the revised ordinance approving the Project, with the addition of the two <br />new Conditions of Approval (COAs 134 and 135) in Attachment 1. Attachment 1 also includes <br />the Project plans and other exhibits that were previously reviewed and approved by the City <br />Council. All other components of the Project that were reviewed and approved by the City <br />Council on July 27, 2026, remain unchanged, and the requested approval is only with respect <br />to the two new conditions. <br /> <br /> <br />Prepared by: Submitted by: Approved by: <br /> <br />Jenny Soo, Associate <br />Planner <br />Ellen Clark, Director of Community and <br />Economic Development <br /> <br />Joe Calabrigo, Interim <br />City Manager <br /> <br />Attachments: <br />1. Ordinance <br />2. DSRSD Letter <br /> <br />Page 25 of 373