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HomeMy WebLinkAboutCUP 184; Daniels Cablevision Inc. Microwave Transmitter; Conditional Use Permit (CUP).. 2725 Jefferson, Wlsbad, Ca. 92008 729-7929 5) Person Responsible for Preparation of Plan: Receipt No. /kf/+ ,$3/8 APPLICATION N CONDITIONAL USE PERMIT , ,L (Please Type or Print) Date: J 1) REQUEST: Conditional Use Permit to Construct and operate (briefly explain) a Head Ehd Site and Microwave Transnitter I I 2) LOCATION: The subject property is generally located on the 0 North side of mires hill Mt. between 33 09' 10" North Lat. and 117' 15' 28" West Longitude I I 3) ASSESSOR'S NUMBER: Book 169 Page 230 . Parcel a . * I Book Page Parcel (If more, please list on bottom of this page). 4) PROPERTY OWNER'S SIGNATURE: Address' City Zip Phone Daniels cablevision, Inc. Daniels cablevision ' 2725 Jefferson Carlsbad 6) Registration or License No: 7) Applicant ' s Signat I HEREBY DECLARE T NTAIN WITHIN .THIS APPLICATION IS TRUE; AND THAT ALL STANDARD CONDITIONS AS INDICATED ON THE ATTACHMENT HAVE BEEN READ, UNDERSTOOD AND AGREED TO. I Name Address City Zip Phone Tony Amne 2725 Jefferqn Carlsbad 92008 729-7929 Representin2 (Company or Corporation)Eh.niels Cablevision lnc Relationship to Property Owner(s) President The City of Carlsbadls Planning Department would appreciate the opportunity to work with the applicant throughout the planning stages of the proposed development. applicant, the Planning Department requests that it be given an opportunity to evaluate and discuss the application and plans prior to submittal. This request is not a requirement; however, it may avoid major redrafting or revision of the plan which only serves to lengthen the processing time. , In an effort to aid the 1 ATTACHMENTS : Supplemental Information Form - Planning 22 Standard Condition - Planning 27 Preparation Check List 2 Planning 32 Procedures - Planning 36 FORM: Planning - 4 Date of Planning Commission Approval ! b SUPPLEMENTAL INFORMATION FORM CONDITIONAL USE PERMIT 1) Gross Acres (or square footage if less than acre] 61575SQe Ft. 2) Zone RA 10,Ooo 3) General Plan Land Use Designation OPen Smce 4) The'Present Use of the Subject Property d4 5) By law a Conditional Use Permit may be approved only if certain facts are found to exist. Please read these required facts carefully and explaln how the proposed project meets each of these facts. Use additional sheets if necessary: a) Explain why the requested use is necessary or.desirable for the development of the community, is essentially in harmony with the various elements and objectiv'es of the General Plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located: .* This facilitv will -th increased programing, local origination. ectUcati0nal-f: and, 0-Th y. e micruwave transnitter will be point to distribute signal to the various svstems to -m th-- b) Explain why the site for the intended use is adequate in - IT aw= Progmmi%~~ (1 ity . si.ze.and shape to accomodate the use: open area.^^^- existing transnitt'ing facility on site, Will not conflict we aevelopnents in the ma. .-- c) fences, landscaping, etc., will be adequate to adjust the requested use to existing or permi.tted future uses in the neighborhood: Explain why you believe the proposed .yards, setbacks, walls, .- d) Explain why you believe the street system serving the proposed use is adequate to proper1 handle all traffic gencr- ated by the proposed use: This wi II 1 be an ~nmanned facility .. requiring nun- - +* If you deed more space to answer the above, please use re.verse side of this form or separate sheets and attach .to this form. FORM Planninq 22 Date of Planninq Coinniission Anpraval -- I53 STANDARD CONDITIONS CITY OF CARLSBAD I SPECIFIC PLAN/CONDITIONAL USE PERMIT/VARIANCE/ PLANNED UNIT DEVELOPMENT/S 1TE DEVELOPMENT PLAN/ SPECIAL USE PERM1 T/CONDOMI N I UI4 PKREII T AND PRECISE DEVELOPMENT PIAN Development shall meet all requirements of the subdivision, zoning and building codes, laws, ordinances or regulations of the City of Carlshad, and other governmental agencies. Some of the more ,pertinent requirements and procedures of the city are listed below for your information and concurrence. and feel free to ask for further information or explanation. Please read this list carefully All conditions for Conditional Use Permit, Variance, Planned Unit Development and Special Use Permit shall be completed and the project commenced within 18 months from final city action, unless otherwise stated as part of the approval. There is no time limitations for Specific Plans unless required as part of. the approval. Development shall substantially conform to the approved plan. All public improvements shall be made in conformity with city standards, to the satisfaction of the City Engineer, without cost to the City of Carlsbad and free of all liens and encumbrances. Prior to any construction, the applicant shall submit plans to the appropriate entity providing domestic water to the proposed development, for its approval of the location, type and adequacy of water lines. Prior to any construction, the applicant shall obtain approval from the City Fire Department of the location and size of fire hydrants. . The applicant, shall install all required fire hydrants and dry-stand pipes prior to framing construction, and said fire appurtenances shall be functional prior to commencing such work. Street trees, as required by the city, shall be installed by the applicant at applicant's expense. Trees shall be of a type approved by the Parks Department arid shall be installed to their specifications.. ~f removal of any existing trees is required by the city, said removal shall be at the applicant's expense. It shall be the responsibility of the applicant to make all arrangements with the Parks Department concerning the require- ments of this condition. A detailed grading plan which includes proposed drainage and erosion control landscaping or other measures such as desilting basins shall be approved by the City Engineer. Immediately after grading, erosion control landscaping and/or other measures such as desilting basins shall be installed. This control may be the final landscaping if so approved. A detailed landscape and sprinkler plan shall be submitted for Planning Director's approval for all graded slopes 5' or greater in height and any other areas required by law. Prior to final building inspection clearance, all landscaping and irrigation systcms shall t)c installcd or adequate bonding acucptcd. Said landscaping shall bc maintained in a iiianncr acccptabl c to the lJlanning Dj rector. 27 - i ! I i I I I i I I I I ! I I f i I i I i I i I Q h A Document:s Required for Submittal : 1) Application with supplemental sheet comp1.c ted. 2) Standard condition list. 3) Photostatic copy of deed with compl.ete legal description of subject property or other form of description acceptable to the Planning Director. 4) Thirteen (13) blueline prints of the plan for all applications except a PUD which requires 18 prints, Nillor Condo permits which requirc 3, and Major Condo permits which require 18. Maps niust be folded in a size not to exceed 8% x 11. REOIJIlIED PIIFINS ARE AS FOLLOWS : CUP and Variance: Site Plan* PUD: Site Plan*, building elevations, landscape plan, cross section of proposed grading. SDP: Site Plan* , building elevations. CONDO PERMIT: Site Plan*& bui3.diny elevations, landscaping plans. SUP: Site Plan*, grading plan. *Site Plan as a minimum shall contain all property liries, huil.dirL(j locations with horizontal dimensions, driveways, and parkiiig stalls with dimensions, .*Location and dimensions of landscaping. 5) Environmental. Impact Assessment or Report with fees (if required!. 6) Fee: Conditional Use Permit, Variance, and Special Use Permit - $50.00. Planned Unit Development - $50.00 + $1.00 per unj.t. Zimendments for PUD's - $50.00 -I- $1.00 per unit within area Ixiiicj ameiided. I Site Development Plan - $25.00. Condominium Permit - $50.00 + $1.00 per unit within area being amended. 7) 300 Foot Radius Map - (Not needed for Site Development Plan, SpeCjdl Use Permit and Minor Condominium Permit). A map to scale not less t11.111 I"= 200' showing each lot: within 306 feet of the exterior bounclaric>i; of the subject property. Each of these lots shall be consecutively numbered and correspond with the propcrty owner's list. The scale of the map may 1-w reduced to a scale acceptable to the Planning Dirc.ctor if the required scale is impractical. -- - 8) Property Owners and ~ccupants -- 1,ist: of self-adhesive (Avcry) labels of the riaines and addresses of a1.1 persons owning property (as shown on the latest equalized ;ISSC?SS- nicnt roll) aiid persons in possession, if different, within.a 300' ra,dius of the extcrior boundarics of tile subject property. The latest cqu;ll.izcd assessment roll is avciildblc in the Office of the ASsc>ssor of San Dicyo, 1600 Pacific lliyI-iw;ty, Rooni 103, San Diego, California; l'clcphone 236-3771. Convcrnj on 1-0 Conclomi ni iiins: 'In aclcli tion to the above property OWJIC*L ti list , tl1e a~~~~l~c:iit~.oi~ :;li;i11 incl utle a list (prcp;ircxl a:; ittmvci) of names anri ac~rtrcs:;e:; of a11 tenants of the units to k? ccJnvc.rt;c.d to coiiclo~rii.~~j iiiiis. TWO copies of a' typewritt.cn list ----- ---T -- ,-------r -- .. . - r-.- I.____ __ . _. -- 3) Disclosure Statement 1.0) A written Staterrlent by the City I?ncjincer that he finds there is adequate sewer capacity available for the proposed use at the site or that he finds khat the proposed use and site can be adequately served by alternative cj.ty approved onsite sewer system. Applicant , please note, this determination must be done prior to submitting app1,ication and it may require preparation 011 your part to provide sufficient eviderlcc to the City Engi.ncer. It is suggested you make early contact with the Engineering Dcpartinent for such determination. Dieguito School Districts, the applicant shall indicate whether he prefers to dedicate land for sc:hvol facilities, to pay a fee in lieu thereof, or do a combination of these. If the applicant prefers to dedicate land, he shall suggest the specific land. 11) For residential projects within Vista, San Marcos, Encinitas or San For residential projects within the Carlsbad Unified School District, the applicant shall submit written confirmation that school facilities will be available and serve the project at time of need. 12) Public facility Security Agreement: Secured agreement with app1.i-- cation submittal. 13) 1 copy of 'colored site plan and elevation plans (except Minor Condo- minium Permit). 14) Reduced 835" x 11" site plan and elevations (except Minor Condominiurn Permit) 15) 8%" x 11" Location Map (except Minor Condominium Permit) €3) Drafting of Plan 1) Sheets to be 24" x 36" with 1" border (standard "D" size). 2) Scale to indicate: 1" = 10' is generally sufficient; however, the scale is to be appropriate for sheet size. ' 3) North arrow oriented to top or left side of sheet. ' 4) Lettering must be legible. It is preferred that it be drawn by 5) Location map showing the distances to the center line of the nearest mechanical means, in ink, and heavy upper case. intersection. 6) Title block with name and address of applicant and drafter, and perti- nent information such as uses, total acreage and date prepared. C) Inforination on Plan a 1) Proposed and existing structures: a) Proposed use of all structures (in general land use terms). b) Building dimensions, setbacks and distances between buildings. c) Type of construction proposed. d) Identification of fire rated walls and fire sprinkler systcxns. e) Height and number of stories. f) Gross floor area per structure. g) proposed changes and additions to existing buildirrgs. 2) Existing and proposed right-of-way, public and/or private: a) Distance from property line to.center line of right-of-way. b) Widths of right-of-way. c) Location of existing and proposed sidewalks and curbcutc. d 1 IC~I ~etiicn ts , type and I oca t j on . 4 3) 4) Parking: a) Location, size and numbered consecutively b) Identification of loading zones. c) Dimensions of driveways. Land sc apinq: a) Existing and proposed trees in the public right-of-way. b) A schedule showing types, size and location of all plant materials proposed on site. c) Indicate a permanent watering system for all landscaping areas by showing the location of water lines. Refuse pickup areas (not r,equired for detached housing projects). Signs: Size, location and height of existing and proposed signs. Lot .lines and dimensions. Location of watercourse,or areas subject to flood. Location of proposed storm drains or other means of.drainage (grade and size). Topographic contours at two feet intervals, with indication of manufactured slope. Cross section of proposed grading. Existing contours and proposed graded contours for all grades of 4:l or greater shall be shown. Delineation of development phasing. D) Mi$cellaneous Information for Planned Unit Development and Condominium Permit Applications. Document explaining who shall .be responsible for maintaining open common areas ‘and how maintenance is to be performed. Document explaining special development standards requested. For custom home Planned Unit Development, all development standards listed in Section 21.45.120 shall be included. Elevation of proposed buildings (not required for custom home PUDS) . \ 4) 5) Appl.ication to Plannincl Coinmj.ssion: In an effort to aid the applicant, the Planninq Depart-ment requests that it be given an opportunity to evaluate and di.scur;s the application in its various stages of development prior to submittal. It is more effective if appl.icant meets directly with staff; however, written or telephone communication is acceptable. It is the responsibility of the applicant to make the initial contact for such meeting. ----- -- _l___--__ll_ -- -_II Submittal.: plans and other pertinent materials are included. Application will be accepted only if the application, Review: After accepting the application staff will submit it to the department review board (DCC) to ascertain if further information is necessary. Staff will attempt to conclude this review within two weeks, but in no case shall the review period be longer than 30 days from receipt of application. Notice: Upon completion of the application review, the applicant will be informed by letter if .further information is required if any, or if the application is complete what date it will be heard by the Planning Commission. Planning Commission Calendar: The Planning Commission adopts an annual calendar that indicates application closing dates, staff review dates, a staff recommended review dates as well as Planning Conmission hearing dates. The date your request wiIl be heard is selected from this calendar. You may acquire this calendar at the Planning Department. I_ Staff Review: This report is reviewed by the Departmental Coordinating Committee Staff prepares a report for the Planning Commissian. (DCC), which is made up 03 representatives from the departments of Planning, Engineering, Fire, City Manager and other as may be necessary. You are invited to this meeting to explain the project and respond to staff recommendations. Upon completion of this review, staff will prepare final staff recommendations to be sub- mitted to the Pl.anning Commission. The final report with rec- ommendations will be available at the Planning Department five days prior to the Planning Commission heariny (Friday afternoon prior to the Planning Commission meeting date). -- Ilearing: of the month at 7:OO P.M., or as indicated on the Planning ,Commission calendar. Depending on the type of application, the Planning Commission will either make a recommendation and forwar,d to City Council or take final action. The Planning Commission meets every 2nd and 4th Wednesday Appeals: --I___ to the City Council, provided such appeal is filed within ten (10) days after the Planning Commission action. The applicant should review with staff the procedure on the various types of applications. Final actions by the Planning Commission may be appealed Final Decision: The City will notify the applicant and property owner of the final decision. __--.--__.- -. In order to assist the members of thc Planning Commission and City Council to avoid possible conflicts of intcrest, all applicants are required to complete this disclosure form at the time ,of suhmitti ng their application. Wheri this form has been completed and signed, the information will be relied upon by them in determining if 'a coiiflict may exist, so please ensure that all of the information is completed and accurate. If at anytime before a final action on your application has bcen rendered, any of the information required by this disclosure changes, an amendment reflecting this change munu be filed. If the applicant is an individual, or a partnership (either general or limited) or a joint venture, please state the full name, address and phone number of each person or individual (including trusts) who own any beneficial interest in the property which is the subject of this application. Should one or more parties to the application be a partnership or joint venture, then please state the full legal name of the partnership or joint venture, its legal . address and the name and address of each individual person who is a general . and/or limited partner ox member of the joint venture. Should .one or more of the parties be a privately held corporation (10 share- holders or less) or a real estate syndication, .then please state the state of incorporation or syndication, corporate number , date of incorporation or syndication, corporate ox syndicate address, and the full names and addresses of each individual shareholder or syndicate member. a publically held corporation, then state the full name and address of the corporation, the place of its incorporation, number of shareholders, and the name and address of the-officers of the corporation. Should the Corporation] be Should you feel that additional information needs to be provided in order to provide a full disclosure, please include it. , I' 4 ;* - if tliat fiirthcr i nTorinat ion is rcquircd, you will ~JP so advised. tcr the i rlf ormdt j on you liavc subini t tcd hi:; Lvcln rcvlc:wcd , it i ~i det c.riiiined - 729-792943- Te 1 ephonc N unhcr -- Tony Acone l__l_l__ --.--. AGENT : Name 2725 Jefferson Carlsbad, Ca, 92008 ----- --- Business Address 729-7929 Te lcphone Number -- -____--- WMUF:I1S : NA Name (individudl, partner, jo i nt Home Address ‘ venture, corporation, syndication) -_ Name Ilome Address Business Address (Attach more sheets if necessary) I/We declare under pciialty of pcr jury tiiat the information contained in tliis dis- closure is true arid correct arid that it will remain true and correct and may be relied upon as being true and correct until amended. . - Daniels Cablevision, Inc, , LICENSE AGREEMENT This agreement made between COSTA REAL MUNICIPAL WATER DIS- TRICT, a municipal water district organ'izcd and existing under the Municipal Water *District Act of 1911, as amended, hereinafter for convenience referred to as "DISTRICT", and DANIELS CABLEVISION, INC., hereinafter for convenience referred to as "CABLEVISION". Recitals 1. The DISTRICT is the owner of the real property consist- ing of approximately fifty-two (52) acres, as more specifically identified in the Grant Deed recorded on August 17, 1961 as File/Page -No. 141468, Official Records, San Diego County, California, and com- monly known as SQUIRES DAM SITE, and hereinafter referred to as the "PROPERTY". 2. The DISTRICT now uses the PROPERTY for a water storage reservoir for the DISTRICT and appurtenances thereto. L 3. The PROPERTY is adequate in size to allow the installa- tion of antennas and appurtenances thereto by CABLEVISION. 1 -1- 4. CABLEVISION is desirous of installing antennas and ap- purtenances thereto on the PROPERTY. 5. The DISTRICT is willing to allow CABLEVISION to install antennas and appurtenances thereto under certain terms and conditions. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. CABLEVISION agrees to do the following: a. b. C. d, e. f. Construct a building, at expense of CABLE- VISION, of sufficient size for the TV transmitter equipment of CABLEVISION. Install any antennas, at expense of CABLE- VISION, for the use of CABLEVISION. Be responsible for installing any equipment, at expense of CABLEVISION, to eliminate any interference that might be caused by the location of the radio transmitting equip- ment of all parties (including the DISTRICT, City of Carlsbad and Radio Station KKOS) at the same site on the PROPERTY. Be responsible for maintenance of the build- ing to comply with all City, County, FAA and FCC regulations. c Be responsible for its own equipment. Provide fire, theft and extended coverage insurance for the building and facilities in- -2- stalled for CABLEVISION. g. Waive all claims against DISTRICT for any da- Y mages to property and equipment of CABLEVI- SION in, upon or about the PROPERTY and for injuries to any emloyees of CABLEVISION or their agents in or about the PROPERTY from any cause arising at any time, and CABLEVI- SION will hold DISTRICT exempt and harmless from’ any damage or injury to any person, to property or equipment of CABLEVISION, arising from the use of the PROPERTY by CABLEVISION, or from the failure o€ CABLEVISION to keep the building in good condition and repair, as herein provided. h. Remove the building and all of the equipment and appurtenances thereto to another site on the PROPERTY or the contiguous property owned by DISTRICT, in the event that DISTRICT de- termines any time in the future that the existing location of said facilities inter- feres with the use of the PROPERTY by the DIS- TRICT. The determination of interference with the use of the PROPERTY by the DISTRICT c shall be determined solely by the DISTRICT. In the event the DISTRICT shall make a deter- mination in the future that the existing -3- location of the said facilities interferes with the use of the PROPERTY by the DISTRICT, the DISTRICT shall give CABLEVISION written notice of the necessity of removal of the said facilities six (6) months prior to the effective date of the removal. Such removal or relocation shall be at the expense of CABLEVISION. i. CqBCEVISION will provide free cable service to the on-site residence located on the PROPERTY and at the DISTRICT'S offices at 5950 El Camino Real (if desired). j. CABLEVISION will pay to DISTRICT the follow- ing rental: One Hundred Dollars ($100.00) a month for each month of the first three (3) years of this agreement, which commenc- es as of the date of execution by the DISTRICT. Two Hundred Dollars ($200.00) a month for each month of the next five (5) years of this aqreement, which commenc- es after the termination of the first three (3) years of the agreement. Thereafter such sum as the DISTRICT and CABLEVISION agree to. The negotiations for such sum shall commence six (6) months prior to the termination of the five (5) years mentioned above. If the parties are unable to agree upon a sum, the agreement shall term.inate upon the termination of the five (5) years men- t ioned above. k. Location of tower and building will be as specified on map made a part of this Agree- -4- ment and attached hereto as Exhibit "A". Be"responsib1e for securing any necessary permits or conditional use permits from any governmental agency to install any facili- ties Of CABLEVISION on the PROPERTY. 1. 2. DISTRICT agrees to do the following: a. Allow the construction of a building and .. inskallation of antennas on the PROPERTY for use of CABLEVISION. The construction of the building and location of the said facilities shall be performed only after the DISTRICT has approved the location and the plans and specifications for the build- ing and facilities. .b, Allow reasonable ingress and egress for CABLEVISION to the PROPERTY. c. Be responsible for its own equipment. d. Grant any necessary easement as required for extension of electric and telephone service to the site. e. Allow construction of power line facilities to site from existi'ng facilities on the dam site. a- L 3. It is understood by CABLEVISION that the PROPERTY is used by the DISTRICT as a water storage reservoir and as a part of -5- _- I the water transmission system of the DISTRICT and that it is neces- sary to maintain adequate security at all times for the primary utilization of the"PR0PERTY by the DISTRICT. CABLEVISION agrees to exercise due diligence in utilizing the PROPERTY of the DISTRICT so as to not interfere with utilization of the PROPERTY by the DISTRICT and agrees to comply with any rules and regulations that the DISTRICT may promulgate at any time in reference to utilization of the PROPERTY by any party other than the DISTRICT. c The parties have executed this agreement as of the date af- fixed after the signature of the party. DISTRICT COSTA REAL MUNICIPAL WATER DISTRICT - DONALD A. MacLEOD President BY Secretary 'U t Date of Execution: 178 d -6- '. CABLEVISION Date of Execution: b L L -7- e= 23-0 ' 7-2 /38.4- 7' L =/5z 9/ ' I SC.9LLE I- a. . . .. . .. - PllCL I C FACILITI .- ES FEF. REQUIREMENTS .- _. < City Council Po1ic.y Number 17 requires that all develope?s requesting a discretionary action for a project pay a public facilities fee in the amount of two-percent of the building .. .. .'vdluslion.. The fee is cohiputed by the Cuilding Department and ._ paid at the time the building permit is obFained. building valuation at the time the fee -5s paid -and the f-ee musf. be paid prior to obtaining a final map on the project. -. .. '_ of a condominium conversion, the fee IS calculated on the In the case . ' I. Irr addition to the above, a. cbmplete.d, signed and' notarized .- - agreement to pay the public faciiities*fee must be rubmi.t.ted- ~ . - .. .with any application for a discretionary action. . This agreement form should be completed as follows: 1. Selected the appropr-iate form.for either (a) the developer . and owner are the same party, or (b) the developer and owner. -are different. .address'of the develaper {and owner, if approprjate) arid .state if each is an individual, partnership, corporation, . . . etc. 2, Fill in the date the agreement is completed, the name and ... r. ,. -. .. _. . . .. '.3:. Fill'i-n-the tjpe of. projecJ.'prb:posed;to:be construdted. ': .. 9 . such as "a 12-unit condom'inium" or '"3O;OOO square foot . - . . .' shopping center," etc. and.the pr.oposed name (if aily). 4. .Fill in. the,. dafe'the re.quest will be (or vas) .submitted' and .the .type 'of 'reques't such as "a tentative map," .a .. . "condomi ni urn. perini t', I' ''rezoni ng" , e.tc,. Is' 5.. .'Fill in the short legal descri'ption of the .property o'n the 'last sheet. .. 6. Sign the form in the presence of a notary and have the notary attach an acknowledgement of'execution to the form. 'I . .. RIM : tnm t 2 f 14/80' 0' 'I.." . -i- t 1. . '1, , I 1 mr 1 j- ;'a~'C&lsbad I< i' .\ wrdtng return to: 1 Elnl !\w. I Isbnd, CA 92008 I; L, . .. . .. AGREEMENT BETWEEN OWNER,' DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE .i .. day oi. I .. THIS AGREEMENT is entered ihto this ' 19-, by and between .. I Daniels Cablevision, Inc. (Name of Developer) (Corporation, partnership, etc.) .. . I Cbrporat ion *a .. . hereinafter referred to as "Developer" whose address is r 2725 Jefferson (Street) .. I ,I Carlsbad, Ca. 92008 . .= (City, state, zip code) r and. Costa Real Municipal Water District i * (Name' of Legal Owner) . t 8. hereinafter referred to as "Ownern 'whose address is .. A micipd water District ' (Corporation,. etc.) 5950 El Camin0 R&l .. 8. Carlsbad, Ca. 92008 . (City, state, zip cade) .* .I . .. .. AND I . the CITY OF CARLSBAD, a municipal corporation of the Stat% of California,' hereinafter referred to as "City", whose &dress is 1200 Elm Avenue, . 'Carlsbad, California, YZOWU. RECITALS 0, .. ' 1.. .' e. . . 1.. ~ECITALS .. 'Carlsbad, California, 92008. 0, .' 1 WHEREAS, Owner is the owner of the real property described . 8 on Exhibit "A", attached to and made a part' of this agreement, and . .' .hercinaftcr referred to as "Property"; and .. e .. .. *', e . . .... ...... -. - . ,.... ............. -.. ...... ......... e. . .. .. C. .. 3'. t . .A I '2 . WHEREAS,, the Property lies'within the boundaries of City; and' WlEREAS, Developer has contracted with Owner to purchase the . d. . . Property and proposes a development project as 'follows: Micr&ve transnission facilities and CATV headend * on said Property, which development carries the proposed name of .. and is NA .. hereinaftek referred to as "Development"; and . WHEREAS, Developer filed on the - day of t. I with the City a request for NA e(--- 19 r. < v. .. -. (hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element'of the City General Plan . requires that the City Council. find that all public facilities .necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on 'file with the City Clerk and incorporated by this reference); and 'WHEREAS, Developer I Owner and City recognize the correctness'. of Council Policy NO.. 17, dated August 29, 1979, on file with the City Clerk and incorporated by this reference, and that the City's' public facilities and services are at capacity and will not be avdilable to accommodate the .. . additional need for public facilities and services resulting from - the proposed Development; and 0 WHEREAS, Developer and'0wncr have asked the City to find that .public facilities and serviccs will be available to meet the Euturc neecjs of the Development as' it ,is presently proposed; but tee b f. 2. c .. -.. . -...__-..- _..-. ..- . .. ..... .. _-.... .. , ..- ..- . . ... . * I * Develpper and Owner are aware that the City cannot and will not be able to make any such findings without financial assistance to pay for such services and facilities; and, therefore, Developer and Owner propose to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. $4 NOW, THEREFORE, in consideration of the recita.ls .and the covenants contained herein, the parties agree as follows: 1. The Developer and Owner shall pay to the City a public facilities fee in an amount not to exceed.2% of the building permit valuation of the buildings or. structures to be constructed in the Development pursuant to the Request. The fee shall be paid * prior to the issuance of building or other construction permits for *. . .. the development and shall be based on the'valuation at that time. .This fee shall be in acditibn to any fees, dedications or improvements 'require6 pursuant to Titles 18, 20 ar 21 of the Carlsbad MunicipaJ- .Code. A credit toward such fee shall. be given for land which has been dedicated for park purposes or for any fees paid in Lieu e .thereof pursuant to Chapter 20.44 of the Carlsbad Municipal'Code. Developer and Owner shall pay a fee for conversion of existing buildings or structures into condominims in an &nount not to 'exceed 2% of the building permit valuation,at th'e time of ccmmrsion. The'fee far a condominium conversion shall be paid prior to .the . Zssuancc of a condominium conversion pcnnit.as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and entitlement for use" as 'B '3. I r ., . . J - t .. used in this agreement, except in reference to mobilehome sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or occupancy for which the development is ixtcnded. Developer and Owner shall pay'to \ City a public facilities fee in the sum of.$1,150 for each mobile- home space to be constructed pursuant to the Request. The fee . shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 2l'of the Carlsbad Municipal Code. . A credit toward such fee shall be gi-ven for land which has been dedicated for park purposes or for any fees paid in lieu thereof pursuant to Chapter 2.0.44 of the Carlsbad Municipal Code. 2. The Developer and Owner may offer to donate a site or. .. sites for publik facilities in lieu of all or part of the financial . obligation agreed upon in Paragraph 1 above. If Developer and , . *Ownor offer to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer, \ The ,' d *' w . .- I tin& for donation and amount of 'credit against thg fee shall be determined by City prior to the issuance of any building or &her pennits. Such determination, when made, shall become a part of this agreement. Sites donated under this hcludc improvements required pursuant to Carlsbad Municipal Code. . 3. This agrccmcnt and t.he fee paid * rcquircd to ensure. the consistcncy of the paragraph shaJ.1 not Titles 18 or 20 of the 1. pursuant hereto are Development with the c . 0 .. , '* . $ .. I .i .. City's General Plan. City will not have the funds to provide public facilities and services, and the Development will not be Consistent'with the General Plan and atly approval or permit for the Development shall be void. or other construction permit or entitlement for *use shall be issued If the fee is not paid as provided herein, the # No building . Vniil the public facilities fee required by this agreement is paid. .. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for.the financing of public faci3.5.ties when the City Council determines the need exists to provide khe facilities and sulFficient f bnds from the payment of this and I similar public facilities fees are available. 8 -. . 5. City agrees to provide upon request reasonable assurances %o enable Developer and Owner to comply with any requirements of other public agencies as evide-nce of adequate 2ublic facilities and services sufficient to accommodate the needs of the Dewlopitierst herein described. .. -6, All obligations hereunder shall terminate in the event the Requests made by Developer and Owner are not approved. 7. Any notice from one party to the other% shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: , 7.1 If notice is given to the City by personal delivery thereof to the City or by depositing s6mc in the United States Mail, addressed to the City at the address set forth herein, . 5. 3. r .. . ., . !', .. , ..... .. . .. . . . . . , -..... ..... . - .-... - . ... .. . +.. . . +:; .. I . . -.. . ... 1. .. . enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. di 7.2 If notice is given to Developer by personal delivery .. thereof to Developer. or by depositing the s%ime in the United' States Mail, enclosed in a sealed envelope, addressed to Developer at the kddress as niay have been designated, postage prepaid and certifi'ed. 7.3 If notice is given to 0:mer by personal delivery thereof to Owner or by depositing same in the United States Mail, enclos'ed in a sealed envelope addressed to Owner at the address set forth herein or at such other-address as may have been designated, postage prepaid and certified. .. 8. This agreement shall be binding upon and shall inure to .the benefit of, and shall apply to, the respective successors and assigns of ~cve~oper, Owner and the ciiy, and references to Devel.oper, &ner or City herein shall be deemed to be reference to and LncluZe their respective SUCC~SSO~S and assigns without specific mention- of such successors and assigns. If Developer should cease to have any interest in the Property shall terminate; provided, however, that any successor of Developer's Snteresk in the Property shall have first assumed in writing the all obligations oi Developer hereunder '. I Developer's obligations hereunder. -a At such 'time as Owner ceases to have any interest-in the Property, all obligations of Owner hereunder shall terminate; provided, however, that if any successor to the Owner's interest in the Propcrty is a stranger to this agreement, such successor has q. first assumcd the obligations oE Owner j.n writing in a form , '* 6. . } ss. STATE OF CALIFORNIA COUNTY OFAn Dieqo on October 23, 1980 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Meadows , known to me to be the person-whose namdubscribed to the within instrument and acknowledged that he executed the same. I FOR NOTARY SEAL OR STAMP OFFICIAL SEAL Shirley A. Jackson NOTARY Puwc CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY MY COMMISSION EXPIRES MARCH 22, 1984 .' en the obligations of IN WITNESS WHERE 4 .. *' .. - - I e . .) . Title &e~erai /f Clnt? q e< U .. .. I CITY OF CARLSBAD, a muhicipal corporation of the State of'california ATTEST : .. . . *. . . . City Manager BY ALETHA I;. RAUTENKRANZ, .. *. '. City Clerk 'APPROVED AS TO FORM.: .. I' . .. .* 1. * .. 0. .. . .. VINCENT F. BIONDO, JR. I . i. City Attorney (Notarial acknowledgement of execution by DEVEL ER 'and 'OI&ER kust be attached. 1 . .. i . 9. * .. .. .L .. LOCATION ' I' . MAP . .., EXHIBIT "An LEGAL 0 ESCR I PT IO M See attached lease Wmnt $' .. .. .. .. .. .. .. t , 1NDmuAI.I Am l3Y PRINCIPAL State of California County of San Diego On this 22 day of October, 1980, before me, Kerry Craig, a notary public in and for the State of California with principal office in the County of San Diego, residing therein, duly Comnissioned and sworn, personally appeased Tony Amne, known tome to be the person whose nanoe is subscribed to the within instrument, and acknowledged that he executed the same. IN WITNESS WHEItEOF, I have hereunto set my hand and affixed my offical seal at my office in the aforesaid County, the day and year in this certificate first above written. OFFICIAL SEAL SAN DIEGO COUNTY ’ :lay ll. lg84 I ~ ’ My Commission Expires Nota& Publik! in and fwhe State of California, with principal office in the County of San Diego ,