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1979-12-04; City Council; 6094; La Costa Land company ZC-206
CITY OF CARLSBAD 6094 Initial AGENDA BILL NO: December 4, 1979 DATE: • Planning DEPARTMENT: SUBJECT: CASE NO.: ZC-206 APPLICANT: La Costa Land Company SUBJECT; ZONE CHANGE FROM P-C TO RDM-Q Statement of the Matter The northeast area of La Costa, known generally as the Meadowlark and Meadowbrook areas are serviced by the San Marcos County Water District for both water and sewer. La Costa Land Company has an agreement with the San Marcos District to reactivate the sewer treatment plant that would serve the area. Reactivation will allow development to proceed. However, this property is zoned P-C andv a portion of it is in the La Costa Master Plan. The La Costa Master Plan is in the process of review and will probably be amended in the futre. This will take time and the La Costa Land Company believes that the subject area is peripheral to their total development and have requested that the portions of the subject area within the Master Plan be deleted and the entire area be rezoned from P-C to RDM-Q. The RDM-Q zone does not require a Master Plan, therefore development may occur according to the General Plan. Since the residential density of the P-C zone and RDM zone are both directly related to the General Plan, there will not be any change to the possible land use of the site. The Q overlay zone requires discretionary approval by a Site Development Plan. Exhibits Planning Commission Resolution No. 1565 Staff Report, dated November 14, 1979 Location Map Letter dated August 17, 1979, San Marcos County Water District Exhibit A (ZC-206) dated October 2, 1979 Recommendation Both Planning Staff and Planning Commission recommended that ZC-206 be approved as per Planning Commission Resolution No. 1565. Council Action: 12-4-79 Council found that sufficient capacity will be-available subject to La Costa Land Company fulfilling its obiigationsto the San Marcos County Water District and subject to City approval of the irrigation use program and continued hearin to Jan 2, -, so. , . .-.._.„,„,*«..,,:" -,-,-,- * .. . . -, ,*,-.„ . , .-.T..,,..., ,„,,.„, „..,„,. , „,,„.....,, .».,. ...,,„,,.. ,«„, ,-...,....... , .... „*.-.,,..,. ..„„.. f. ..„,,- ^.,,^i^-^iJ^^JJJ^^.^a^v^i^^^il4'PBiUI^I""''--'-'-l - - - • - - • • ' -•- •- ' .'-•~~!«N-2iJWM*»W»,P>™.,~... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 1565 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM P-C TO RDM-Q ON APPROXIMATELY 134 ACRES LOCATED IN NORTHEAST LA COSTA CASE NO.: APPLICANT: ZC-206 LA COSTA LAND COMPANY WHEREAS, a verified application for certain property, to wit: A portion of sections 19 and 30 of Township 12 South, Range 3 West, San Bernardino Meridian, in the City of Carlsbad has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, this project has been processed through environ-t mental review as required in Title 19, the Environmental Protec- tion Ordinance, and has been found in conformance due to prior compliance of certified EIR-307, which encompassed the : ;> property as referenced herein; and WHEREAS, the Planning Commission did, on November 14, 1979, hold a duly noticed, public hearing as prescribed by law, to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to Zone Change 206 and found the following facts and reasons to exist: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1) The proposed project is consistent with the General Plan since the RDM-Q density range is based on the current General Plan Land Use designation. 2) The Qualified Overlay Zone requires a Site Development Plan to be approved by the Planning Commission and appealable to the City Council. Conditions may be placed on the site development plan to meet requirements of the General Plan or other needs. 3) The site is physically suitable for the type of density of the development since the site is adequate in size and shape to accommodate residential development at the density allowed by the RDM Zone. 4) The project is consistent with all City public facility policies and ordinances since: A) The San Marcos County Water District has assured the City that sewer service will be available after the reactivation of their facility immediately south of the subject property. B) The Planning Commission finds that sewer service is not available for this'development as of the date of this approval. However, since sewer service may be available in the future, the Planning Commission, has, by inclusion of an appropriate condition to this application, insured that development will not be approved unless the City Engineer finds that sewer service is available to serve the project. Building cannot occur within the project unless sewer service remains available. The Planning Commission is satisfied that the requirements of the public facilities element of the General Plan have been met insofar as they apply to sewer service for this project. C) School site acquisition or fees will be determined at time of submittal of the required site development plan. D) Water service will be provided by the San Marcos 'County Water District, and the applicant is required to comply with their rules and regulations. E) Gas and Electric service will be provided by San Diego Gas and Electric. F) ' Park-in-lieu fees are required as a condition of approval at the time of development. G) All necessary public improvements have been either provided or will be required as conditions of approval. .2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 H) At this time, the Planning Commission is not prepared to find that all other public facilities necessary to serve the project will be available concurrent with need. The Planning Commission has, by inclusion of an appropriate condition, required that the project contribute to the costs of such facilities. Since the developemnt will pay its proportionate share of the public facilities which it will require, the City Council is satisfied that the requirements of the public facilities element of the General Plan have been satisfied. 5) The proposed change of zone will not cause any substantial environmental impacts, and has been declared in full compliance with environmental protection laws due to prior complaince of EIR-307. WHEREAS, the Planning Commission, by the following vote, recommended approval of ZC 206, subject to certain conditions: 1) This approval is granted for that portion of land described in the application, ZC-206, and further described on Exhibit A dated 10/2/79. 2) The property to be rezoned is as shown on the attached legal map, dated 11/14/79. 3) The. applicant will provide school fees to mitigate conditions of overcrowding as part of building permit applications at time of development. These fees shall be based on the fee schedule in effect at the time of building permit application. 4) This zone change is approved upon the express condition 'that the City Council finds it is reasonable to expect that sewer will be available concurrent with need as required by Section 21.49.020(1) as amended and that building permits will not be issued for development of the subject property unless the City Engineer determines that such sewer facilities are available at time of application for such, permits and will continue to be available until time of occupancy. If the City Engineer determines that sewer facilities are not available, building permits will not be issued. 5) Prior to the issuance of building permits, the applicant shall pay a public facility fee as" established in City Council Policy No. 17. The applicant shall enter into a secured agreement with the City for the payment of this fee prior to City Council action. AYES: Schick, Rombotis, Friestedt, Marcus, Jose, Larson NOES: None .3 NOW, THEREFORE, BE IT HEREBY RESOLVED, that the foregoing 2 recitations are true and correct. 3 4 5 EDWIN S. SCHICK, JR. Chairman CARLSBAD PLANNING COMMISSION 6 7 ATTEST: 8 9 JAMES C. HAGAMAN, Secretary 10 11 .4 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 xw \ '•v.vvv:¥ft»m *****v R-l -rCTT §W "A _>- C- v v 'if,"X/; \ \^> #^: 5f^ 7 x-,^"\>-\ \ ^lf>c// F^C h*JIx // 1 t • ! i . - j • 1 | r-v : .' .<2) ^y'"•r i . f A \V< \^ NOV. OM DATX COMPILED FP>OM OFFICIAL. l'. HAP 4 7£~-&Otet exHlBJTxk, C«rEO OCTTS, STAFF REPORT DATE: TO: FROM: SUBJECT: Planning Commission Planning Department ZC~206/MP-149(D),'CHANGE OF ZONE FROM P-C TO RDM-Q AND AMENDMENT OF THE LA COSTA MASTER PLAN DELETING THAT PORTION IN THE MEADOWBROOK AREA. Location and Description The subject property is 134 acres located in northeast La Costa. The property is west of Rancho Santa Fe Road and at the present easterly terminus of Alga. As indicated in Exhibit A dated October 2, 1979, there are five parcels of which parcel 2 through 5 are part of this application. Parcel 1 is Rancheros, which is not a part of this application Parcels 2 and 3 are on a relatively high ridge sloping down- ward' to valleys to the east and south. Development in much of this area require grading. Parcels 4 and 5 are in a relatively flat valley running generally north and south. The property within this requested Master Plan amendment is only a portion of the land within the zone change application The .Master Plan amendment is for the removal of Parcel 2 and a little over half of Parcel 3 from the La Costa.Master Plan. This encompasses approximately 45 acres. See Exhibit A, dated October 2, 1979, of Master Plan 149(D). .. On this exhibit there is a 2* notation. It represents the area without a landuse designation. Although part of "La Costa Land holdings, it is not part of the La Costa Master Plan. The remaining portion of the zone change is not in the Master Plan Amendment because it is not presently a part of the Master Plan. Land Use Subject Property North South East West Vacant, except for one old barn. Vacant Vacant, SMCWD wastewater treatment facility Single family residential development in the County area and industrial park toward the southwest. Vacant, and single family and multiple family development along El Fuerte and Alga. «****% Existing Z o n i n g Subject Property: P-C North: P-C South: P-C and L-C East: County, Residential & San Marcos Industrial West: P-C, R-l, C-l and RD-M History and Related Cases MP-149: Master Plan Mo. 149 was adopted" and last amended on November 2, 1976, by City Council Ordinance No. 9469, (MP- 149(B). The master plan included only the northwesterly portion of the subject property. The land use on the present master plan is residential with a density of 14 and 20 du/ac. The remaining portion of the subject property were purchased by La Costa Land Company after the adoption of the initial master plan and therefore are not part of Master Plan 149. Master Plan 149 is considered lawfully non- conforming since it was adopted prior to the revision of the P-C zone. Since this is a lawfully existing non-conforming master plan the property may only be developed by one of the following: 1) By a Planne.d Uni t. Devel opment :- 2) Amend the Master Plan to bring it into conformance with todays requirements and include all of the property within the Master Plan boundary. En v i r o nme n t a 1. I mp a c t Information A declaration of negative environmental impact has been made for the project based on the justification that: 1) The project is administrative in nature and any future development of the property would be subjected to an additional environmental impact assessment. 2) An environmental Impact report has been certified for that portin of the property located within the master planned area, finding that any potential adverse impacts could be mitigated through the master plan and/or on a project by project basis. These same mitigation measures could still be applied to the subject property as development of the property is subjected to discretionary review by the City. 3) The City's General Plan designates that portion of. the property covered by the master plan. -for residential densities equal to or less than densities proposed by the master plan. 4) The project would not have a significant impact on any flora or fauna, nor any unique or historical environmental features. General Plan Information A. Land Use The general plan designates parcels 3, 4 and 5 as Medium Density Residential (4-10 du/ac). Parcel 2 is designated as Medium High Residential (10/20 du/ac). The density requirements of the RD-M Zone are those, assigned by the General Plan. The General Plan also indicates an elementary school on Parcels 4 and 5. Although the site is indicated on Exhibit A of ZC-206, it is not proposed for open space zoning (as other school sites are) since the property is not yet owned .by the district. •The General Plan circulation element indicates the continuation of Alga Road as a major arterial through to Melrose, which is to be a prime arterial. Melrose will intersect Palomar Airport Road to the north and connect with Rancho Santa Fe Road to the south. B, Public Faci1i ti es • . Sewer: Sewer service is not available for this development as of the date of this report. However, sewer service may be.available in the near future. Sewer will be provided by San Marcos County Water District. To provide this service, the district will reactivate their facility immediately south of the subject project, west of Rancho Santa Fe Road. The City Council has' directed the processing of subject applications since sewer service has been guaranteed by San Marcos County Water District. See attached letter dated August 17, 1979, from San Marcos County Water District. Application for reactivation are presently being processed. The Planning Staff has by appropriate suggested conditions to this application insured that development may not occur unless the City Council finds that sewer service is in fact available to serve this property. Therefore the staff is satisfied that the requirements of the public facilities element of the general plan • have been met insofar as they apply to sewer service. Schools: 'This area is served by the San Marcos Unified School District. This application is not a residential development as defined in the school facility require- ments of the Carlsbad Municipal Code. Therefore determination of dedication of site or fees is not needed at this time. Water: Water service will be provided by the San Marcos Water District, and the applicant is required to comply with their rules and regulations. Gas and Electric: Gas and electric service will be provided by SDG&E. On-Site and Adjacent Public Improvements: Public imprments will be required per the City Public Improvement Ordinance and/or as conditions of approval. Other Public Facilities: Staff has determined that they are not prepared to find that all other public facilities necessary to serve this project will be available concurrent with need. However, the Planning Commission may, by inclusion of an appropriate•condition require that the project contribute to the costs of such facilities according to City Council Policy No. 17. Since the development would pay .its appropriate share of the public facility it would require, the Planning Commission could be assured that the requirements of the Public Facilities Element of the General Plan would be satisfied. In addition park-in-lie fees would be assessed at the time of building permit issuance. C. Other Elements of the General PI an .( The project is consistent with all other elements of the City's General Plan. Major Planning Con s i deratipn s 1) Removal of subject property from .the PC Zone deletes the requirement for master planning. Should this area be master planned? 2) The L'a Costa Master Plan contains a portion of subject property. What effect will the removal of this property from the Master Plan have on La Costa? Discuss ion The major reason the request for rezoning and deletion from the Master Plan is that before the property can be developed the Master Plan must be updated. This may take a relatively long time. Since this area is served by San Marcos Sewer District (whereas most of La Costa is served by the Leucadia District), and the San Marcos District is preparedto provide sewer, the property could be developed soon if taken out of .the P-C Zone and La Costa Master Plan. The issue to be decided is, is it beneficial to have the subject property included in a Master Plan, or is this property not an integral part of the La Costa Master Plan? The PC Zone requires a master plan prior to development (except PUD'S maybe approved). A master plan requires public facility planning such as major streets, parks, schools, fire station,.1ibraries , etc. Planning of these public facilities involve determination of location, financing and timing of construction. The larger the area of a master planned community the more extensive the public facility planning. The master plan also provides for special development program to encourage community identity within the City. This will provide diversification of housing types and neighborhoods. The master plan provides for a measure of growth control. Presently the potential for unrestrained growth in the La Costa area (except for sewer availability), is that the master plan is nonconformi ng and must be updated. Also, the updated master plan may contain growth restraints as conditions of approval. The City Council is presently discussing the benefits of growth control, but as yet no definitive position has been taken. The subject property is at the periphery of the La Costa area being at the northeast corner. Therefore there is. limited continuity with the major areas of La Costa. In fact the adjacent properties are to be built out as estates (Rancheros) on property generally physically separated from most of La Costa. The only major public facilities to be built in the subject • area are the extensions of Alga and Melro'se Avenues and the expansion of Rancho Santa Fe Road and an elementary school The San Marcos Creek Park site is adjacent to the south of the subject projects. . ' ' Most of the site to be rezoned is presently not in the La Costa Master Plan, but would be included if the application for rezoning was denied. . > The subject site is peripheral to the major facilities and center of the La Costa area. Removing it from the Master Plan would have little impact on the master plan. For this reason staff has recommended approval of the request, but there are also obvious reasons to retain the area in the P-C Zone. • • The General Plan and Master Plan indicates an Elementary School site on the south side of Alga Road. The rezone application includes this site. However, the amendment to the Master Plan does not request the deletion of the site. The school site is contiguous with the Rancheros area, which will remain in the P-C Zone. For consistency between the zoning and remain in the P-C Zone school site is to be resolved Plan. Recommenuati on I. ZC-206 Master Plan the school site (contiguous with Rancheros). part of parcel 3 and at time of submittal should The therefore would have of the Site Development It is recommended that that the area noted as remain in the P-C Zone conditions: ZC-206 be APPROVFD, school site on for the following except parcel 3 shall findings and » 1) The proposed project is consistent with the General Plan since the RD-M-Q density range is based on the current general plan land use designation. 2) The Qualify Overlay Zone requires a Site Development Plan approved by the Planning Commission appealable to the City Council. Conditions may be placed on the site development plan to meet requirements of the general plan or any other needs. 3) The site is physically suitable for the type of density of the development since the site is adequate in size and shape to accommodate residential development at the density allowed by the RD-M Zone. 4) The project is consistent with all City public facility policies and ordinances since: a) The San Marcos County Water District has assured the City that sewer service will be available after the reactivation of their facility immediately south of the subject project. ' b) The Planning Commission finds that sewer service is not'avaiTable for this development as of the date of this approval. However, sewer service may be available in the future. The Planning Commission has, by inclusion of an appropriate condition to this application, insured that development will not be approved unless the City Engineer finds that sewer service is available to serve the project. Building cannot *^42-A-j-fi occur within the project unless sewer service remains available, the Planning Commission is satisfied that the requirements of the public facilities element of the general plan have been met insofar as they apply to sewer, service fr this condominium permit and tentative map approval. c) School sites aquisition or fees will be determined at time of submittal of the required site development plan. d) Water service will be provided by the San Marcos County Water District, and the applicant is required to comply with their rules and regulations. e) Gas and Electric service will b.e provided by San Diego Gas and Electric. f) Park-in-lieu fees are required at time of develop- ment. g) All necessary public improvements have been either provided or will be required at time of development. h) At this time, the City Council is not prepared to find that all other public facilities necessary to serve project will be available concurrent with need. The Planning Commission has, by inclusion of an appropriate condition, required that the project contribute to the costs of such facilities. Since the development will pay its proportionate share of the public facilities which it will require, the City Council is satisfied. that the requirements of the public fac.ilities element of the general plan have been satisfied. 5) The proposed change of zone will not cause any substantial environmental impacts, and a declaration of negative environmental impacts has been made finding that: a) The project is administrative in nature and any future development of the property would be subjected to an additional environmental impact assessment. b) An environmental impact report has been certified for that portion of the property located within the master planned area, finding that any potential adverse impacts could be mitigated through the master., pi an and/or on a project by project basis. These same mitigation measures could still be applied to the subject property as development of the property is subjected to discretionary review by the Ci ty. ' - -*>= c) The City's General Plan designates that portion of the property covered by the master plan for residential densities equal to or less than densities proposed by the master plan. d) The project would not have a significant impact on • any flora or fauna, nor any. unique or historical environmental features. Condi tions • ' 1) This approval is granted for that portion of land described in the application, ZC-206, and further described on Exhibit A dated 10/2/79. 2) The property to be rezoned is as shown on the attached legal map. 3) The applicant will provide school fees to mitigate conditions of overcrowding as part of building permit applications.at time of development. These fees shall be based on the fee schedule in effect at the time of building permit application. 4). This zone change is approved upon the express condition that building or grading permits will not be issued for development of the subject property unless the City Engineer determines that such sewer facilities are available at time of application for such permits and will continue to be available until time of occupancy. If the City Engineer determines that sewer facilities are not available, building permits will not be issued. 5) Prior to the issuance of building permits, the applicant shall pay a public facility fee as established in City Council Policy No. 17. II. MP-149(D) It is recommended that MP-149(D) be APPROVED based on the following findings and conditions: Findings 1) This area need not be a part of a Master Plan Community because: a) It is at the periphery of the La Costa Community and the City boundaries an.d therefore not an area centrally important. b) The public facilities needed in this area will be required at time of development. ' 2) Removing this project from the La Costa Master Plan will not have a detrimental effect on that Master Plan because: a) The property is on the periphery of the La Costa Master Plan Community. b) The property is separated from most of the La Costa area by a canyon and open area of a future proposed estate development. 3) The proposed master plan will not cause any substantial environmental impacts, and a declaration of negative environmental impacts has been made finding that: a) The project is administrative in nature and any future development of the property would be sub- jected to an additional environmental impact assessment. b) An environmental impact report has been .certified for that portion of the property located within the master planned area, finding that any potential 8 adverse impacts could be mitigated through the master plan and/or on a project by project basis. These same mitigation measures could still be applied to the subject property as development of 'the property is subjected to discretionary review by the City. c) The City's General Plan designates that portion of the property covered by the master plan for residential densities equal to or less than densities proposed by the master plan. d) The project, would not have a significant impact on any flora or fauna, nor any unique or historical environmental features. 4) Sewer will be provided in this area by San Marcos County Water District. A letter has been submitted from the District assuring sewer availability. The City Engineer will not permit grading or building permits unless he determines sewer service is available. .1 Conditlons ' • 1) The property to be deleted from the La Costa Master Plan is as shown on Exhibit "A" dated 10/2/79 for MP- 149(D) .es of the any requests 2) The applicant shall submit reproducible copi amended Master Plan prior to acceptance of a for development. 3) This zone change is approved upon the express condition that building -o-r- grcr^Wg permits will not be issued for development of the subject property unless the City Engineer determines that such sewer facilities are available at time of application for such permits and will continue to be available until time of occupancy If the City Engineer determines that sewer facilities are not available, building permits will not be issued. LocTtion Map (MP-149(D) Legal Map (ZC-206) Exhibit A (MP-149(D) dated October 2, 1979 Exhibit A (ZC-206) dated October 2, 1979 Letter dated August 17, 79, San Marcos County Water District BP/ar BASED ON DATA, COMPILED FP>DN\ OFFICIAL. r.5O9 HAP 4 Z-C-3Q&, exKi©rr^, DATBO NO.Z£.-2Qfc Date Rec'd q/"?/"?^ Description of Request:_, _ Date;Jl/^/^7g_PC Date 11/I4/"7^| F=YlF>TlH/i P?"- 7T/3N1EL TD . — ________ -—i __ Address or Location of Request : Applicant : ____ ,-. ?!>\n&. T="l- f=] IpP^Tt^ Engr. or Arch. Brief Legal; A PnPiTir)T $ Assessor Book;_pg?,- ggJ-Qt ^Z.^- O\O-\Qt'E^<-fJ\?^~OA General Plan Land Use Description: fSM ^ -pSMt4_ ! Existing Zone: &£^ Proposed Zone: Acres:No. of Lots:XJ'DU/Acre School District: Water District: Coast Permit Area: Sanitation District: C""~ .J IE after the information you havft tvbmittu<3 has boon reviewed, it is dctcrniincil that further information is rocmirod, you will be so advised. APPLICANT:Costa Name (individual, partnership, joint venture, corporation, syndication) Costa Del Mar Road, Carlsbad , CR 92008 Business Address (714) 438-9111 ______ Telephone Number . AGENT: Name Business Address Telephone Number MEMBERS: Wame (individual, partner, joint venture, corporation, syndication) Home Address Business Address Telephone Nuraber Telephone Number Name Home Address Business Address Telephone Number Telephone Number (Attach more sheets if necessary) I/We declare under penalty of perjury that the information contained in this di closure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. Applicant Ay cut, Owner, I'artnor r-RESIOENT OBY ULANCHARD VICE PRESIDENT STAHLEY A. MAHR DIRECTORS HARRY B. KEEBAUGH MAIIGARET E. FERGUSON LEO F. SMITH GENERAL MANAGER JAMES F. MCKAY ATTORNEY VERNON A.PELTZER san.marcos county ware PHONt (714) 74-1-0460 • 7B8 SAN MARCOS t'.OUl-tVAHO • SAN MARCOS, CAUIf-'ONNIA 92069 district August 17, 1979 RICK ENG.. Date Received AUG221979 City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Attention: Mr. James Hagaman Director of Planning Gentlemen: Re: Sewer Service - La Costa Northeast The La Costa Land Company (Applicant-) the fee owner of the land shown on Exhibit "A" marked Parcels 1,2, 3, 4 & 5 has requested the San Marcos County Water District (District) to provide a sewer service availability letter for the referenced property. Subject property is located within the District and within the sewer service improvements as follows: A portion of Parcels 1, 2, 3 All of Parcels 4 & 5 To be eligible for sewer service, applicant will be required to ineet the following conditions: 1. Complete the annexation to sewer Improvement Districts 1, 2 & 6 those portions of Parcels 1, 2 & 3 lying out- side of the improvement districts boundary. 2. Construct all on-site and off-site sewer facilities to connect the proposed project to District's facilities and dedicate the faciliites to the District in accord- ance with the District's Standard Rules and Regulations. 3. Pay all fees required by the District on demand by the District. VVftl Mi •-- II/VOIC TO . . . LIlE , . , IIKALTH . . , ANU PKUDIIKSS. Cfl scmGiarcos county.wOfer district City of Carlsbad -2- August 17, 1979 4. Perform the terms of the "Agreement for Design and • Construction of the Reclamation Facilities Between La Costa Land Company and the San Marcos County Water District" with effective date of March 19, 1979, (Reclamation Agreement), to provide the fac- ilities and capacity to handle sewage for this project. Subject to the foregoing conditions this District will provide the project up to and including 750 Duelling Unit Equivalents (D.U.E.'s) (computed at the rate of 250 gallons per day per D.U.E.) as follows: Parcel 1 PAM^^S) 92 D.U.E.'s — Parcel ZCj^W"* COMTEK.) 100 " ' Parcel SOe/voe^ Q^»Y.) 220 " Parcel 4Ci*£AD*wuiiiK.) 300 " Parcel ,5.X5ourth weAo.wtW) 38 "•- Actual connections to the system will be scheduled and provided in accordance with the terms of the Reclamation Agreement. i . .__„_,..• It is. understood by Applicant that this letter is based upon exist- ing conditions and is issued for planning purposes and that the conditions precedent specified above must be satisfied before service will be provided. " This commitment to provide service has been made by the Board of Directors and is subject to the Applicants' compliance with the applicable rules, regulations, ordinances, procedures and policies of the District, including those relating to fees and charges, the California Environmental Quality Act of 1970, as amended, the applicant's agreement to cons'truct any on-site and off-site fac- ilities, together with the applicant's providing security as required by the District for such construction. This letter of availability pertains solely to the proposed project and is not transferable to any other project, is not transferable to any other parcel of land, and is not transferable to any other applicant. Any act in violation of this provision, whether or not fift'.ic TO ... uii'L ... MI;ALIH ... sary-oarcos county w^Ssr district City of Carlsbad -3- August 17, 1979 legally effective to accomplish a transfer, automatically renders this letter null and void. . • . This letter is void and of no further force and effect on or after June 1, 1982. Sincerely, S^ ames F. General Manager JFM/mds Ends. cc: La Costa Land Company Rick Engineering ^ Vernon A. Peltzer File •• WATECt — imilC TO ... t.ll-T. . . . HEALTH . . , AND PHOGMC5S.