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%4m►'� <br /> MR. CHANDLER MARTIN <br /> DEVELOPMENT SERVICES DIVISION <br /> Re: APPLICATION NO. MS-94-42 - REVISION OF APPROVED ACTIONS <br /> APPLICAT1"ON OF JOE HALLOU11 <br /> September 22 , 1995 <br /> .Page three <br /> Condition 2 . i . <br /> 1 . Your attention is directed to Development Title Section <br /> 9-1120 . 2 (g) , Title Capacity of Existing Water System "if an <br /> existing water system is required to serve the development project, <br /> but does not have capacity to serve a development project, the <br /> developer shy°?1 r:.w,`.'�gC�� for cap:.-f ty by <br /> constructing off-site water sIP-stem tacilities -or contributing funds <br /> -to the serving agency for system expansion. The serving agency <br /> shall determine which option .is appropriate" . In addition, <br /> Development Title Section 9-1120 . 7 Freeway Service Areas Outside of <br /> Urban Communities applies which requires that a water system must <br /> be planned to sera the entire 1:re3 on one side of the freeway. <br /> T'ne Flag City was approvcd in 1957 prior to the <br /> appl i'crati/���:.:� f Lcs f Seslcta on 9 y ' 4® . ? . However, Mr . Halloum' s <br /> subdivision ision s s bjet to Se1.tIon S ' r.L:a'J . 7 <br /> 2 . exil s t an a'_Er,:cr._^^', betwee—n the Count-y of San <br /> Joaquin and the owrers c�f Flag City ent.it-Led "Modification 1 of <br /> Subdivision: rk;gr2t�,n nL A-946 228 uatr- 1 May 18, 1995 . Thaz particular <br /> Agreement indicates '_he limitat.`.on cF the capacity of the CSA 31 <br /> grater system. The Agreement specifivally identifies the parcels <br /> vested to receive water from the e.-.Isting system and further allows <br /> the Subdivider ( Flag City) to transfer the limited water capacity <br /> to lots within the subdivision at the sole discretion of the <br /> Subdivider. Pursuant to that Agreement the Director of Public <br /> Works does not have the same authority nor the right, as Flag City, <br /> to transfer the available water capacity within CSA-•31 to any <br /> -�2--•I?;3,-�• r .:.�'�- .w.a�, w,."Ch �. }" , �i.�.:. S?rJrJ1;; C ; +- ( F1.J C, LATl <br /> subdivision . <br /> 3 . Furthermore, in reliance of the above agreement Flag City <br /> conveyed certain development rights to the County of San Joaquin in <br /> consideration of approval of Modification 1 of Subdivision <br /> Agreement A-94-225 . <br /> Thus in light of the Ordinance requirements, Flag City' s vested <br /> rights , and the Agreements entered into between the County of San <br /> Joaquin and Flag City the County .is precluded from allocating any <br /> of the exist.-:.ng nater capacity from, 'SA-31 to Joseph Halloum or any <br /> adjoining pr:)pert:y. Ili addit. i.on to what Flag City would construe <br /> as a breach of contract, if the revision as requested by Mr. <br /> Hallous. is granted, we would also consider such approval to be a <br /> taking subject- to j•-id-- sial rr i.ea. <br /> -17- <br />