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<br />DRS:djk 04/07/88 <br /> <br />(#21) <br /> <br />WHEREAS, this Council desires to consent to said transfer; <br /> <br />NOW, THEREFORE; <br /> <br />BE IT RESOLVED BY THE COUNCIL OF THE CITY OF REDWOOD CITY, <br /> <br /> <br />AS FOLLOWS: <br /> <br /> <br />1. Pursuant to the provisions of paragraph 3 (c) of the <br /> <br /> <br />Capacity Agreement,this Council hereby finds, upon review of <br /> <br />County's written application and the City Manager's report and <br /> <br /> <br />recommendations with respect to the transfer of Non-Grant <br /> <br /> <br />Eligible Capacity for the Development Property, as follows: <br /> <br /> <br />(a) The proposed transfer is required to accommodate use of <br /> <br /> <br />the Development Property in accordance with a use permit or <br /> <br />other entitlement issued therefor by County in accordance <br /> <br />with County's land use regulations; <br /> <br />(b) The Non-Grant Eligible Capacity proposed to be <br /> <br /> <br />transferred is necessary additional treatment capacity (in <br /> <br /> <br />the amount hereinafter specified) above and beyond that <br /> <br />furnished the Property by City under the City's current <br /> <br /> <br />allocation; <br /> <br />(c) There is no reasonable likelihood within the <br /> <br /> <br />foreseeable future that the capacity rights proposed to be <br /> <br />transferred will be necessary for the use of, or with <br /> <br />respect to lands within the Emerald Lake Hills Services Area <br /> <br />in that: (i) the capacity has not specifically been allocate~ <br /> <br /> <br />or devoted, to the use of other property within the Emerald <br /> <br /> <br />Lake Hills Service Area and (ii) the amount of the capacity <br /> <br /> <br />rights proposed to be transferred will not measurably affect <br /> <br />2 <br />