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Home My WebLink About1980-02-13; Planning Commission; Resolution 1596ll .. 0 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 I PLANNING COMMISSION RESOLUTION NO. 1596 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIAf APPROVING A CONDITIONAL USE PERYIT FOR THE INSTALLATION OF AN EARTH STATION FOR CABLE TELEVISION LOCATED IN THE UNDEVELOPED AREA NORTH OF ALGA ROAD, EAST OF EL CAMINO REAL AND WEST OF UNICORN10 ROAD IN THE P-C ZONE. APPLICANT: LA COSTA LAND CO/COMMUNITY ANTENNA CASE NO: CUP-174 SYSTEM, INC. WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Planning Commission; ani WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Coc the Planning Commission did, on the 23rd day of January, 198t hold a duly noticed public hearing to consider said applicatj on property described as: That portion of the northwest quarter of Section 25, Township 12 south, Range 4 west, San Bernardino Meridiar I in the County of San Diego, State of California. WHEREAS, the subject property has complied with the reqt ments of the City of Carlsbad's Environmental Protection Ordj of 1972 and the State Environmental Quality Act in that the project has been processed through environmental review and E Negative Declaration, Log No. 635, has been issued for the following reasons: 1. The project involves relatively minor construction and no significant grading or landform alteration. 2. No significant or unique environmental resources would be adversely affected by the project. 3. The fact that the subject site is served by an existing roadway reduces the potential for impacts to previously undisturbed areas. e e 1 WHEREAS, at said public hearing, upon hearing and 2 4 desiring to be heard, said Commission considered all factors 3 considering all testimony and arguments, if any, of all persc relating to CUP-174. 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 A. That the foregoing recitations are true and correct. 7 Commission of the City of Carlsbad as follows: B. That based on the evidence presented at the public hear: 8 the Commission finds the following findings and 9 conditions to exist: 10 Findings : I! 11 12 13 14 1. This project is consistent with all elements of the General Plan. The applicant has agreed, and is require1 by the inclusion of an appropriate condition, to pay a public facilities fee. Performance of that contract, and payment of that fee, will insure that facilities will be available concurrent with need as required by t' general plan. l 15 2. This project will not result in any significant adverse 635, was issued on January 10, 1980. 16 environmental impacts and a Negative Declaration, Log N of the community and is not detrimental to existing or 3. That the proposed use is desirable for the development 17 18 proposed uses. 19 4. That the site is adequate in size and shape to accommod 20 the proposed use. 21 22 23 24 25 26 27 28 Conditions 1. Approval is granted for CUP-174 as shown in Planning Commission Exhibits "A", "B" and "C" dated January 10, 1980, incorporated by reference and on file in the Plan Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. This Conditional Use Permit shall expire and all uses pursuant to it shall cease three years after the date of issuance. If an extension is requested, such extens shall be considered as a new application for a Conditic Use Permit. PC RES0 #1596 -2- 1 e * 1 3. This Conditional Use Permit will be reviewed by the Planning Department in ninety days to ensure compliance 3 been met, or are violated, the Planning Department shal. present a report to the Planning Commission. 2 with the conditions. Tf any of the conditions have not 4 5 6 7 8 9 4. This approval is expressly conditioned on the payment b; the applicant of the public facilities fee required by City Council Policy No. 17, dated August 29, 1979, on f with the City Clerk and incorporated by reference. Accc ing to the agreement executed by the applicant for paym of said fee. A copy of that agreement, dated 1/23/80, attached hereto and incorporated by reference. If said fee is not paid as promised, this application will not : consistent with the general plan and the project cannot proceed and this approval shall be void. lo /I PASSED, APPROVED AND ADOPTED at a regular meeting of th 11 j/ Planning Commission of the City of Carlsbad, California, he1 12 /I on the 13th day of February, 1980, by the following vote, to 13 I1 AYES : Schick, Rombotis, Jose, Leeds, Marcus, Larson Friestedt 14 I1 NOES : None 15 16 17 18 19 ABSTAIN : None ABSENT : None 20 21 22 23 24 ATTEST : 25 ' /q ..? /*2 .: ,f' 26 q ./#..MA, .-, / 4 c . HaG-y,,' swag$'dd ..~. ..:- I. 27 /' /' 8,FEBAD k PLANNING J0MMISSION "11 PC RES0 #1596 -3- I .. e .. e SEcgI>.ED [i.GREE>!I:NTF ~~~~~~~~~~~~ DI;VE:J,Qpy;R Aj<TJ T;iE (-f's"Y *?I' Ll' CARI.,SEkiD FOR THE T"XYMEX?' UT: i: PUBLIC FACILTTIES FEE ". "-__I__"_I__ THIS SECUiim AGR.EE:.:ENT is entered into this zyfip fia?7 of """ .J rq$Jb&Ey+ "-. . " f 19 89 , by and betwen - LC Costa Corn!i;ljnitE "- " . Antenna s;/stern, Inc. 7j~~7TFI~4Ke~ "- "" a Cormration , hereinafter referred tc a2 -"z--- -I""" ~CGJ. poratlon, pa~tnership, etc, j "Developer", whose -address is Costa Del Mar bad -" I"" (street) CarlsbGd, Ccati;5cJrnia 32808 , .and TiIE CITY 9F . ^Eiy, state, zip ccdej " - .. CARLSMD, a munic.ipal corporation 'of the State of ZAifornia, hereinaft,er referred to as "City", hose zd6.res.s is 1200 Elm Averiuc, CarI.sbacl, California, 92005. L I\' I T N E'S 5 E T S.1 : . """""" WISEF.EAS, Developer is the owner of the real 'property de scribed on Exhibit "A" zttached hereto and by -chis referc:~cz incorpoi-ated herein by reference, and hzreafter. r=fer,:ed to a "Proper t,ytt ; a.nd IWEREAS, the Property lies 'wi.ch5.n the boundaries of Cit and WEHEAS, nzvcc.ope3- proposcs to construct. ~- 0 TV Earh Sfation - t and auxi linry bvildi*?g. " "- """_. - ""_I.- """ """" "" "I - "."."" - "."".- """"."... ___.- "-...._ - """""- ___""--...I.". -.-,"- ."" 0' e an said !?r.oyarty, which' developme~t carries ,the proposed na~c: 0 f N/'A a.nd. is heyeafter. referred to as "Development"; and """. """" .""- " 0 f N/'A a.nd. is heyeafter. referred to as "Development"; and """. """" .""- " WEEREAS, Developer filed. on the -___- loth . day of ""_" JQnuar.J .3 19 .'30 , with the City a request for Q cordition*! use permii ..". , ""." " "- " ""-."- "" - -~ -""".- (heweinafter referTed- to 3s ''Request") ; and IIrHEREAS, the Public Facilities Element of the City G~E- era1 Plan requires that the City Ccuncil find that all yv.blic fz,cilieies necessary to seTve a development wii!. be available concv.yrer,t xith nee3 or such de-velopment shall not be 2pprox7ed (said. eiemer,e is i;n file with the City Clerk aRd incorporates .- . . by reference herein) ; and, WEREAS,. Devc?-cper and City reccgnize the correctness of Cov.ncil. Policy No. 17 (attached hereto and made a part h.ereof) and "i1.a.t the City's public facilities and ssrvices are at ca- pacity and will not be available to accomxadate people who nay subsequently move into the proposed Development; and ' WHEIIEAS, Developer, in order to meet thc General Plan requiremezt as implemented by Council Policy No. 17, has re- quested of the City assurances. that public. facilities 2nd ser- vices will. be availablz to meet the needs of the futxure resi- dents. of the Development as it is presentl.7 proposed and the .. Developer is aware that the City cannot, and will mot, be able to give Developer any such assurances without financial assist- ancc to pay for such scrvices and facilities; .and .. ,. -2- .I 0 6 .. . le'!lEREf&, the 1kvelope-r agrees ,to pro~id.: such fimncial. assistance' in accoriiance with ?,he terms GE this agrecmcnt and the City agrees to provide 2ssuTances that public facilities and semices will 5e available tc? meet the needs of the f&.ure ,' residents 05 the Developzent as it, is presently proposec?; .. HOW, TEERZFOR3, THE PARTIES HERETO IIEREBY AGREE as f01- 1 OWS : ' 1. The. De-,7eloper shall pay to the City a puSlic facili- ties fee in the amount of 2% of the building permit valuation of the buildings or structures to be constructed in th.e Devel- opment pursua.nt to the Request. The fee 'shall be pa,i.d prior to th.e issuance of building, grading or -* other permits for the Development and shall be based on the valgation at tha:: time. A credit .Low:zrd such fee shall be given for land whi.eh has .. been dedicated foT paTk purposes 01- for any fees paid in liezl thereof pursuant tc Chapter 20.44. of t5e 'Carlsbad Municipal: Code* .. 2. The Ceveloper may in the future offer to donate a .site for public facilities in. lieu of all or part of the Ei- nancial obligation agreed upon in Paragraph 1 above, which. offer the City shsll. consider but is not obligated to accept. 3. To secure Develo?er ' s obligat5on hereunder, Ecv21. - opcr shall provide to City the securities called for in Sub- para.grapl; 3.3. or 3.2 or 3.3. 3.1 k surety bond in favor of City i.n a fom ac- ceptab1.e to the City At-torn.ey from- an illsurer acccptab1.c to City :in ihc amcunt of the csti.!aatcd fee for the Devclopmcnt .. - 3- c .- 0 .. e to issu.re Dcvej..oper: s per:fDxazce ai. L.6, ~~~t;. ,teras of this agree- rncnt * 3. 2 A bailfr or savings a:;\_? loan timnv zert:i..fica.te of de!?usi-t in the amount of the estimzted fee for the Deve'l- opment in a fom acceptable to the City Attorney. naming the City 2.5, 'an. irrevocable as.rigr,ee for the term. of *c..his. agree- ment, and expressly prolridiGg that any interest zccr-~zing on the' time cert'ificate '05 depcsit shall be solely ths pr~pcrty of depositor and. the City -shall have 113 rights to any sack, interese. 3.3 Such other security as may b.2 acceptable to the ci?:yG (cash Deposit of $296.001) .. 4. , The securities required hereby shall be released upon satisfaction of Developer's obl.igatio~. In phascsd proj- , ects, the City Manager may release z portion of the sccu~i-ty. upon payment of fees for a part of a Geveloynent, 5. City agrees to provide asstlrances that. Sub~ic faci:i- i+,ies and services which wil: be availa'u1.e 'io meet the needs . of the future residents of the areas to be develcped and wiI.1 . furnish Devel.oper s U~GII request, asss1-ances necessary to enzbl-2 Devcloper to comply with any r-eqcirements of other ~)~!bI.ic 'agencies 3s evidence of adequate pub1.i~' facilitizs mcct serv- ices sufficient to acco;itmodate the needs of the ilev:etopment herein described. 6. All oh1igati.ons l~crea:~ilcr sha1.i terminatf: in the evcnt the Rcc,!.lcsts lnadc by Develops?r arc not apprr3i-d and the -4- .. .. " ., e .' 4 city shall, wit-h.i.n ten (16) dzys after written notice tc city by Developer, deliver to Developer necessary documents for releasing th.e sectlrity provided 'io City pursuant to ?aragraph 3 hereof. 7. Any nctice fron op,e party to the other shall be in writing, and shall be dated and sigxed by' the party giving such notice 3r by a duly authorized representative af such party. Any such notice sk2l.l not be efiective for any purpose what:joever wlless served ir_ me of the following manners. 7.1 12 notice is giver, to the City, by personal. deli-ve.rsy thereof to the City or by depositing the same in the United States Mail, addressed to the City at the addrcss set forth herein, enclosed in a sealed envelope addressee! to the City for att'ention or' the City Manager, pestage prepaid and csrtiified. . . " 7.2 If notice is given to Developer, by personal. delivery thereof to' Dcvelgper or by ciepositing the 'same .in the United States Mail, enclosed in a sealed envelope addressed to Developer at the zddress as may have been dssignated.,' post- age pycpaid and certified. .. 7.3 1.f notice is given to a surety or other .. persons .by personal delivery to suck surely or other person cr by de- positing t11e same in the United States ail., enclosed i.n a sealed envcl.opc addressed to such surety or person at th.e ad- . dress at which such surety or person last cornmunicatcd to the party giving notice, postage preptiid. and ccrt.ificd. -5- ., . ,*. e '6 F .. TO 1945 CA (8-74) 3 (Corporation) STATE OF CALlFaRNXA San Diego ) ss. h COUN'I'Y OF"""p &F33 E. ~ ~ jT1ILE {WURKQE &;.&AND TRiJz3 m-d AilCOR COXPAANY i January 23, 1980 9-L "" ?- "" ___"_ .-befoie Me, the undcrsigued, a Notary Pub!ic in and for said Stafe, personally appeared." Fred J. Morey __ -___ ""_" ~-., know.] to lile to be thep-p----President, Vj.ce and. "." - , t: : w Lii L know to me to be- -."Secretary 1: of thb corporation that executed the within Instrument, 2 known io n~z to be the persons who executed the within j :, Instrument on hehklf sf the corporation therein named, 2nd ~ $'- acknowlzdged to me that such corporation executed the .,rA+s"v I -.I .". i if I- I. iv ,~~.~.~:~~~:~~~~~~~~~~~~~~~ *,<,:*. L_ -2 k... :.* a>?>&ka % ~~ ,.,. ; ; .-.: ,&& .b r:; c &h .,q ; ,\:: ":\ A;; ,, s' e'- gi.y.':O i.,czy.;zy 1 ~$2&p&, t& L >L., d .~ ,,-.? .". !Jnr @rum, &iZS I'EB S$ 4':.3 I) wi!hin icstrunen: pui-:;:Jan: to its b}--Iaws or a resoluticn of i /- ;:.!.*, its baxd of directors. ,L-. , " , . % ~~~~. ,. .-.P&-:' "" -< V;ITNESSS my !>and and official seal. &.-, : :p.z/< q c:-8 .: 5.: K9 1 ((&j:.j$ m!?:p wo'Ia* (:'<'&a,iC e c;:&&;;:*:2j f ? /"'. ~I . - -X.& "%"-.Y - Sigila\lxe--p.+" L/pL,-?74&&*(+ ' (2une Munford 4 (TI.IS area fo: oficial cctzrinl seal) 2 ;* .. \ . ." j. .v ~ ,\ I I)’ .6 .. 8. This agreeKe,nt s~zIL kr> bi.nLi.r>.g up02 aTld sh~ll inure to the benefit of, .and shall. apply ta? t!le respective success- ors and ti.ssigns of Developer and the City, 2nd references tc Developer or the City herein shall. be deemed to be reference to a~.d include their respective successors and assigns with- out specific wention of such successors and a.ssigns. If De-vel- tlpc-s should cease to ‘have any interest in the Property, all obligations. of Developer fiereundel- sha.11 terminate; provided., however , that any successor of Developer’s interest in the Property shall have first assumed in writing the Developer’s obligations heieunder and shall have conplied with Pa.-r,zgraph .> .. hereof. .- 9. This agreement shall 3e rccor.ded. Whez the sbj.i.z?.- tions of t1li.s agreeA,!ent have been satisfied, City skal-1 record s rel.ease. ,* Il< KTTNESS WHEREOF, this agreement is executed in San Diegr3 County, CaliforRia as of the date first written above. DE’\TEiOPE:f! : CITY OF CAIILSBAD, a m7;tnkc.- ‘> ipal corporation of the 1-0 COS~CI Cumrn~itnlt.. A.nten;ia System, inc.- .TT‘ I ””” Y- State of California /”” 4 rl 1, /’ By i &?J C! )qPyr,7 v/ ’; EY” - naln(;..J” ”_ ?-“-- { -“E. BY Fred J. r+,stey[i .Vice Presiden 5 Cit.y Manager” , Genera! Mnr:cbgr .” .. I?j:tIc]” APPROVED AS TO FORM: p3i3.q- ”,. ATTEST: l‘iL“i;; . B i o ri“. City Att.orney .. ”_. - __ ”_”” _.__-.- Al.cthn 1,. ~(:~utcnkrnnz ’. City Clerk [Notari:~l ackrlr,:.:!.cc!~ciiic:11: OF ex.:ccuI:.i.on by DEVELOPER must bc n f- f- n f- II r‘r! 1