HomeMy WebLinkAboutCUP 154A; Pacific Bell Vehicles Unlimited; Conditional Use Permit (CUP) (9)P. L. Hamilton
Real Estate
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3848 Seventh Avenue, huum ILL.
San Diego. California 92103
1619) 237-2407
PACI FI c BE LL
A Pacific Telei%&mpany
February 15,1994
Timothy Heien
2095 W. Vista Way, #221
P. 0. Box 2319
Vista, California 92085-23 19
RE: Pacific Bell Facility - Carlsbad
Conditional Use Permit
Dear Mr. Heien:
Enclosed is the Conditional use Permit application executed and notarized by Pacific Bell.
Please let me know if you need any help in processing the application through the City of
Carlsbad.
Sincerely,
P. L. Hamilton
Real Estate Manager
Enclosure
RECORDING REQUESTED BY AND 1
WHEN RECORDED MAIL TO: 1 1
City Clerk 1
CITY OF CARLSeAD 1
1200 Carlsbad Village Drive 1
Carlsbad, California 92008-1 989 1
Space above this line for Recorder's use
213-050-13 Parcel No.
by and
AGREEMENT BMEEN OWNER, DEVELOPER AND THE CrrY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNrrY FACILITIES DISTRICT NO. 1
THIS AGREEMENT is entered into this 2nd day of ,1934
between Varley anterprises
(name of developer)
a D- , hereinafter referred to as "DevelopeP whose addre- (corporation, partnership, etc.)
is 2095 W. Vista Way, Vista California 92083
(street) (city, state, zip code)
and P.1 1 t
(name of legal owner)
a Corporation , hereinafter refsrred to as 'Ownef, whose address (indMdual, carporatlon, e&.)
is 3848 7th Street, Room 120, San Diego, California 92103
(street) (clty, state, zip code)
AND
the CITY OF CARLSOAD, a munldpal corporation of the State of California, hereinafter referred
to a 'Cityl, whose address Is 1200 Carlsbad Village Drlve, Carlsbad, California, 920081989.
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RECITALS
WHEREAS, Owner Is the owner of the real property described on Exhibit 'A", attached
hereto and made a part of this agreement, hereinafter referred to as "Property"; and
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer has contracted wlth Owner-nd proposes
a development project as follows: conditional use permit
on said Property, which
development carries the proposed name of, N/A
and Is hereafter
referred to as "Development"; and
93 WHEREAS, Developer filed on the hday of 9 19-1
.. with the Clty 8 request for co- use Wt
hereinafter referred to
as "Requesr; and
WHEREAS, the Public Facilities Element of the City General Plan requires that the City
Council find that all public faclllties 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 Is incorporated by this reference); and
WHEREAS, Oeveloper and Ctty recognke the correctness of Council Policy No. 17, dated
July 2, 1991, on file with the City Clerk and incorporated by this reference, and that the City's
public facilttloa'and OoN(c81) are at capacity and will not be available to accommodate the
additional need for publlc fadlltim and services rmuttlng from the proposed Development; and
WHEREAS, Developer and Owner have asked the City to find that public fadlMm and
services wlll be avallablo to meet tho Mun need8 of the Development w It Is prerrentty
proposed; but the Developer Is aware that the Ctty cannot and will not be able to make any such
finding without financial assistance to pay for such services and facilities; and therefore,
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Developer-propose to help satisfy the General Plan as implemented by Council Policy
No. 17 by payment of a public facilities fee.
NOW, THEREFORE, in consideration of the recitals and the covenants contained herein,
the parties agree as follows:
1. The Developer shall pay to the City a public facilities fee in an amount
not to exceed 1.8296 of the building permit valuation of the building 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 addttion to any fees, dedications or improvements
required pursuant to Titles 18,20 or 21 of the Carlsbad Municipal Code. Developer-and+wm
shall pay a fee for conversion of existing building or structures into condominiums in an amount
not to exceed 1.82% of the building permit valuation at the time of conversion. The fee for a
condominium conversion shall be paid prior to the issuance of a Condominium conversion permit
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
constructlon permir and 'entitlement for use' as used in this agreement, except in reference to
mobilehome sites or projects, shall not refer to grading permtta or other permit, 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 intended. Developeram)Bwnershall pay
the City a publk tadlitlea fee In the sum of $598 for each mobilehome space to be constructed
pursuant to tho Request. The fee shall be paid prior to the issuance of buildlng or other
construction pwmlb for the development. This fee shall be in addition to any fees, dedications
or improvements required according to Mles 18,20 or 21 of the Cartsbad Municipal Code.
2. The Developer-ay offer to donate a site 01 sttes for publlc fadiHie8
in lieu of ail or part of the financial obligation agreed upon in Paragraph 1 above. tl Developef
+w+8wmr offer to donate a stte or sites for public facilities, the City shall consider, but is not
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obligated to accept the offer. Ihe time for donation and amount of credit against the fee shall
be determined by City prior to the issuance of any building or other permits. Such determination,
when made, shall become a part of this agreement. Sites donated under this paragraph shall
not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code.
This agreement and the fee paid pursuant hereto are required to ensure the
consistency of the Development with the City’s General Plan. If the fee Is not paid as provided
herein, the city will not have the funds to provide public facilities and services, and the
development will not be consistent with the General Plan and any approval or permit for the
Development shall be vold. No building or other construction permit or entitlement for use shall
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be issued until 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 financlng of public facilities when the City Council determines the need exists to
provide the facilities and sufficient funds from the payment of this and similar public facilities fee8
are available.
5. City agrees to provide upon request reasonable assurance8 to enable Developer
to comply with any requirements of other public agencies as evidence of adequate public
facilities and sewices sufliclent to accommodate the need3 of the Development herein described.
All obiigatlons hereunder shall terminate in the event the Request made by 6.
Oeveloper is not approved.
7. Any ndce frm one party to the other shall be In wrttlng, and shall be dated and
signed by the pwty gMng 8uch notice or by a duly authorlzed repre8entatlve of such party. Any
such notice shall not bo effective for any purpose whatsoever unless served In one of the
following manners:
7.1 W notlce Is ghren to the Ctty of penonal delivery thereof to the CHy 01 by
deposfting same in the United States Mall, addressed to the Clty at the addres set forth herein,
enclosed h a sealed envelope, addressed to the City for attention of the City Manager, postage
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prepaid and certified.
7.2 tf notice is given to Developer by personal delivery thereof to Developer or
by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to
Developer at the address as many 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 Developer, Owner and City, and references
to Developer, Owner or City herein shall be deemed to be a reference to and include their
respective successors and assigns without specific mention of such successors and assigns.
H Developer should cease to have any Interest In the Property, all obllgatlons of Developer
hereunder shall terminate; provided, however, that any successor to Developer's interest in the
property shall have first assumed in writing the Developer's obligations hereunder.
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 Property Is a stranger to this agreement, such successor has first assumed the obligations
of Owner in writing in a form acceptable to City.
9. This agreement shall be recorded but shall not create a lien 01 securtty Interest in
the Property. When the obligations of thls agreement have been satlsfled, City shall record a
release.
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