HomeMy WebLinkAboutReso. 1989-456 - Establishing and adopting municipal airport development policies 411
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RESOLUTION NO. S'N15-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
ESTABLISHING AND ADOPTING MUNICIPAL AIRPORT DEVELOPMENT j .
POLICIES
WHEREAS , the City Council of the City of Redding is charged
with the responsibility of establishing municipal policies to
guide the various functions of the City, and, where necessary, to
establish procedures by which functions are performed; and
WHEREAS , regulatory policies established by the City Council
are usually adopted by Ordinance and included in the Municipal
Code. However, other policies are also established, which by
their nature do not require adoption by Ordinance; these policy
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statements, adopted by Resolution of the City Council, need to be
consolidated in a reference document for easy access; and
WHEREAS, on August 4 , 1987 , by Resolution No. 87-261 , the
City Council adopted a Council Policy Manual to achieve said
objectives; and
WHEREAS , City Council wishes to establish a policy statement
pertaining to Airport Development Policies, as set forth in
Exhibit "A" attached hereto and incorporated herein by reference;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of
the City of Redding as follows:
1 . That all of the above recitals are true and correct;
2 . That attached hereto as Exhibit "A" and incorporated
herein by reference is a policy statement to be incorporated in
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the Council Policy Manual pertaining to Airport Development
Policies .
3 . That the Council Policy attached hereto as Exhibit "A"
be and hereby is adopted as the Council Policy of the City of
Redding pertaining to Airport Development Policies.
I HEREBY CERTIFY that the foregoing Resolution was
introduced and read at a regular meeting of the City Council of
the City of Redding on the 5th day of December, 1989 , and was
duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS : Buffum, Dahl , Fulton, Johannessen, & Carter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS : None
ABSTAIN: COUNCIL MEMBERS: None
,>(://e(5ig-'V ;/// &
SCOTT CARTER, Mayor
City of Redding
ATTEST - �,
E ►/ EL A:. NICHOLS , City clerk
by Connie Strohmayer, Assistant
FORM PROVED:
RA ALL A. HAYS , Cit Attorney
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• EXHIBIT "A" •
CITY OF REDDING, CALIFORNIA
COUNCIL POLICY
SUBJECT RESOLUTION POLICY EFFECTIVE PAGE
NUMBER NUMBER DATE
Airport Development Policies 11-21-89 1 of 5
BACKGROUND
The Redding Municipal Airport is owned and operated by the City of Redding. It is
a federally obligated airport in that the land was deeded to the City and the City
has accepted federal grant funds to do airport improvements.
The City of Redding considers the Municipal Airport as a key element in its
economic well being, as a function of transportation, job opportunities, tourism,
gateway appearance, and convention recruitment.
Purpose
It is the City of Redding' s desire to see land and the Redding Municipal Airport
developed to the benefit of the community. To that end, it is the intent of the
City to:
a. Obtain high-quality development.
b. Obtain uses that reinforce the development of the Municipal Airport.
c. Obtain uses that can demonstrate the following:
(1) reinforce development of the Municipal Airport;
(2) create at least five jobs per acre, except for uses that provide direct
aircraft services;
(3) show community benefit;
(4) expend at least $200,000 for a combination of on-site and off-site
improvements;
(5) develop a revenue stream for the City to pay for airport improvements; and
(6) complete construction within 18 months.
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(7) consistent with uses identified with the land use policies of the Airport
Area Plan.
(8) Compliance with applicable FAA standards.
In furtherance of this purpose, the City has done the following since 1982:
a. Extended City electric service to this area and provided substation and line-
transmission capacity.
b. Established a fire station at the Airport.
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c. Linked wells at the Airport with the Enterprise Water Pressure Zone.
CR 0049
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111 EXHIBIT "A"
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CITY OF REDDING, CALIFORNIA
COUNCIL POLICY
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SUBJECT R N MUTT N NPOUCY UMBER EFFECTIVE PAGE
DATE
Airport Development Policies 11-21-89 2 of 5
d. Acquired property and awarded design contracts to provide sewer service to the
Airport area by a second regional wastewater treatment plant.
Policy •
It is the policy of the City to lease land at the Municipal Airport based on a rate
of 10 percent of the fair market value of the property. The rent may be adjusted
on an annual basis, but at a minimum shall be adjusted every five years. The
adjustment shall be based on an established cost index to be identified in the
lease. Leases maybe subordinated to a first note to be held bya
qualified
lending institution provided the City has the first right of refusal on any
default.
It is not the policy of the Council that the City be a developer or operate any
business. The City is willing to explore special circumstances in use of the
City's land but only to the extent that if lease payments are deferred, greater
revenue would be realized, the deferment is secured with adequate physical
improvements to the site, off-site public improvements are installed, or an
equity interest is obtained in the gross revenues of the project. Any
deferment would not extend more than the first five years.
Leases may be 20 to 30 years depending on the total value of improvements placed on
the leasehold. In no case shall the term of the lease exceed 30 years. Options
for extensions may be included in the lease. Any extension option would be subject
to refurbishment requirements. Leases would be with the business leasing the.
property or a builder who has a bona fide lessee committed for a period of not less
than five years for new leases. The City is not interested in speculative
"build-to-suit" leases nor leases with right to further subdivide.
Development Requirements
Lessees at the Municipal Airport shall generally be responsible for the
improvements of all abutting streets, the extension of utilities if they do not
exist, and the extension of those streets and utilities through the lease area
in accordance with the master street and utility plan for the Airport. In the
event an area is leased that is not abutting an existing improved street or the
end of utility lines, it will be the responsibility of the developing lessee to
extend at least two paved driving lanes and all utilities to the property.
"Utilities" mean sewer, water, electric, and telephone. Fire hydrants shall be
installed in accordance with ISO standards. (In the event construction occurs
before the regional treatment plant is completed, a dry sewer line shall be
installed and a temporary leach field will need to be approved by the County
Health Department. ) Electric utility improvements shall be installed in
accordance with policies established in City Council Resolution No. 85-42. All
utilities shall be installed underground.
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• EXHIBIT "A"
CITY OF REDDING, CALIFORNIA
COUNCIL POLICY
1 _ i
SUBJECT RESOLUTION POLICY EFFECTIVE PAGE
NUMBER NUMBER DATE
Airport Development Policies 11-21-89 3 of 5
Reimbursement
In the event a lessee must extend streets or utilities to the site, the lessee may
be reimbursed for the actual costs at the time the intervening land is developed
based upon a pro rata share as a function of future connector property width versus
off-site line or street length. To qualify, the lessee that extends the line must
file with the City a certified statement of the actual cost to construct the
off-site improvements within 60 days of occupancy of the building or site.
Developments
Development standards shall be those as listed in the attached covenants and
restrictions and applicable zoning or General Plan documents, whichever is more
restrictive. All private and public buildings on the Airport shall be subject
to obtaining a use permit from the Planning Commission. Development on the
west side of Airport Road shall also be subject to any condition of approval of
the subdivision.
Charges
The processing cost of a use permit shall be paid by the lessee as per resolution
established by the City Council . The cost of an appraisal to establish the fair
market value of the lease area shall be paid by the City. All lease documents
shall be prepared under the direction of the City Attorney. All leases shall be
subject to a "lease and development agreement" setting forth the nature of the.
lease, the proposed uses, both on- and off-site improvement requirements , dates of
completion, and remedies in the event of default. Lessees shall pay all
application connection charges or special benefit charges at the time of connection
in accordance with applicable City policy.
Deposit
Parties interested in leasing airport property shall place with the City a
nonrefundable deposit of a minimum of $500 per acre as a statement of serious
intent to lease. The City may raise the deposit fee as market conditions
indicate. The purpose of the deposit is to compensate costs incurred by those
departments processing the lease request that are not part of the Airport
Enterprise operation and to protect the City's General Fund. If a lease is
executed between the applicant and the City, up to $200 per acre of the deposit
may be applied to the first-year lease payment.
Technical Advisory Committee
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To assist in the development of the Airport and the expediting of leases, the City
Manager shall establish a Technical Advisory Committee which will consist of the
following persons:
Assistant City Manager City Attorney
Director of Planning and Community Development Airports Manager
Public Works Director Council Airport Liaison
1 CR 0049
EXHIBIT "A"
•
it CITY OF REDDING, CALIFORNIA
COUNCIL POLICY
SUBJECT RESOLUTION POLICY EFFECTIVE PAGE
NUMBER NUMBER DATE
Airport Development Policies 11-21-89 4 of 5
The purpose of this committee will be to expedite preparation of technical
information related to site development and review of lease requests.
Common Area Improvements
In order to maintain a high quality and attractive area, each lessee, along with
the City, shall pay a pro rata common-area charge to maintain landscaping within
any required street-yard setback, median, or common adjacent to Airport Road. The
annual cost will be based upon each lessee's pro rata share of the area landscaped.
Each lessee shall be responsible for watering and landscaping within its own lease
area outside of the street setback area.
Development Assistance
To further implement the economic development of the City, the City offers the
following assistance for development of the Airport area:
a. Assistance in Airport site location, including the determination of public
facilities, utilities, and site-development requirements.
b. Assistance in obtaining information on Redding and the surrounding area.
c. Aggressive promotion of Airport improvements.
d. Referral to certain financing programs such as assessment districts, revolving
loan funds, industrial development bonds, or SBA loans.
e. Facilitate a process to work with expanding new businesses which involve job
retention or job creation at the Airport.
f. Work with local job-training programs to encourage the provision of
job-training services.
g. Grant-application assistance for potential grants to construct public
improvements. •
Real Estate Commissions
At the sole option of the City Council , real estate commissions may be paid to a
qualified licensed real estate representative of a selected lessee or purchaser of
City property at the Municipal Airport.
If paid, said fees shall be negotiated based on the amount of services rendered to
the City, the value of the lease, the net rental received, and the source of funds
from which the fees will be derived.
Procedure
The following is the process to present a lease proposal and how it will be
considered:
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EXHIBIT "A"
•
CITY OF BEDDING, CALIFORNIA
COUNCIL POLICY
SUBJECTPAGE
RESOLUTION POLICY EFFECTIVE
NUMBER NUMBER DATE
Airport Development Policies 11-21-89 5 of 5
Step 1. The potential lessee shall submit to the City Airports Director a written
request for lease. Such request must be accompanied by a deposit as
required and specified by the City. Such request must also summarize at
least the following: proposed use(s) and activities, specific land area
requested, type(s) and size(s) of building(s) , jobs anticipated to be
generated, anticipated payroll , and a projected cost of construction and
improvements.
Step 2. The Technical Advisory Committee shall review the request in order to
ensure that it meets Council criteria and then shall meet with the
potential lessee to confirm or further define the area to be
considered for lease.
Step 3. After completion of Step 2, the potential lessee shall submit a use
permit application to the Planning Commission to develop the site. The
use permit application shall contain a site plan drawn to scale and a
preliminary building elevation. The use permit shall be considered by
the Board of Administrative Review or Planning Commission, whichever is
applicable. The Board's findings, along with any conditions of approval ,
shall be forwarded to the potential lessee, the Technical Advisory
Committee, and the Airports Commission.
Step 4. The Airports Commission shall review the proposed use and development
plan and submit its comments to the Technical Advisory Committee.
Step 5. The Technical Advisory Committee, after reviewing the recommendations
from the Commissions , shall either submit a draft lease to City Council
for consideration or shall recommend disapproval . All leases shall be a
combination lease and development agreement setting forth the terms of
the lease and any requirements for development of the property including
time lines, payments, or reimbursement provisions.
Step 6. Council considers TAC's recommendation and either denies the project or
approves the project by authorizing an agreement to lease and develop
Airport property and approves the Airport operating permit.
NOTE: If necessary, both the Airports Commission and the Planning Commission may
schedule special meetings to consider the application. Both Commissions may also
meet jointly.
Within six months of signing the lease, the lessee shall submit construction and
improvement drawings for review of conformance to tract restrictions and use
permit conditions. Construction shall begin within 6 months of approval of
construction and improvement drawings by City staff and be pursued to
completion within the following 18 months.
POLICY
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Article III
Regulation of Improvements
3.01 Minimum Setback Lines
A. General - No structure of any kind, and no part thereof, shall be
placed on any site closer to a property line than herein provided.
1. Setback from street property line along Airport Road, any
parallel frontage road, Meadow View Drive and Knighton Road shall
be 30 feet. Any other street frontage shall be 25 feet.
2. Setback from rear property line and from side property line
between parcels shall be 15 feet.
B. The following structures and improvements are specifically excluded
from these setback provisions:
1. Roof overhang, subject to the specific approval of Declarant in
writing.
2. Uncovered steps and walks, not wider than six feet.
3. Paving and associated curbing, except that vehicle parking or
storage areas shall not be permitted within any required street
setback.
4. Traffic directional signs that do not contain an advertising
message.
5. One detached sign not exceeding 8 feet in height above the top of
the curb nor 200 square feet in area and which only gives the
name of the company and the street address. If illuminated, such
sign shall be internally illuminated, shall have underground �. I
electric, and shall not be closer than 12 feet to any property
line nor closer than 20 feet to any driveway. Sign materials
shall be harmonious with the architecture of the development.
Signs shall not rotate nor flash and shall be surrounded by lawn
or planter. All detached signs shall be monument style.
6. Planters, not to exceed two feet in height.
7. Architectural earthwork, light standards , fountains, or aesthetic
features.
3.02 Completion of Construction
After commencement of construction of any structure, the owner shall
diligently prosecute the work thereon to the end that the structure shall
not remain in a partly finished condition any longer than reasonably
necessary for completion thereof, and in any event, shall complete such I;
construction in 180 days unless an exception is granted by written
approval of the Declarant.
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3.03 Excavation
No excavation shall be made except in connection with construction of an
improvement except as approved by Declarant and upon completion of any
excavation, exposed openings shall be backfilled and disturbed ground
shall be graded and leveled.
3.04 Landscaping
A. Concurrently with the submission of building plans for approval , the
lessee or grantee shall submit a detailed landscaping plan which must
be approved in writing by the Declarant' s Architectural Review
Committee. Every site on which a building shall have been placed
shall be landscaped according to said approved plans and shall be !
maintained thereafter in a sightly and well-kept condition.
Landscaping shall consist primarily of living materials.
B. The property owner, lessee, or occupant shall landscape and maintain
unpaved areas between the property lines and the setback lines and
shall also landscape between the property line and the back of any �.
sidewalk or curb. The street setback shall be used exclusively for
landscaping except for walks and driveways bisecting the required
landscape area, and other exclusions in Section 3.01.
C. The property owner, lessee, or occupant shall provide maintanence
support facilities and irrigation adequate to sustain and maintain
the landscaped areas. Maintenance facilities are to be adequately
screened.
D. Approved landscaping shall be installed upon issuance of an occupancy
permit or completion of the building, whichever first occurs. If
unusual weather conditions exist, Declarant may extend the time for
completion. Additional and supplemental landscaping requires no such
approval .
3.05 Signs
A. No billboard or advertising sign shall be permitted other than those
offering the premises for sale or lease when specifically approved by
Declarant in writing and temporary signs giving credit to parties to
aoposed development, such signs to be approved by Declarant in
writing.
B. Signs shall conform to setback lines as indicated in Section 3.01
B(5) hereof unless specific approval to the contrary is obtained from
Declarant in writing.
C. Signs and identification devices on buildings or building sites shall
be erected or posted onlyafter specific p approval by Declarant in
writing as to size and design. Only one sign shall be allowed on
each building and shall not be larger than 25 feet in length nor
greater than 100 square feet in area.
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D. No or sign shall beplaced
g painted on any roof or portion thereof,
nor shall the top of any sign extend above the parapet line or the
top of the exterior wall of any building or structure.
E. Airside Signage is exempted from these standards.
3.06 Parking Areas
A. General - Off-street
parking shall be provided to accommodate all
parking needs for employee, visitor, and company vehicles on the
site. The intent of this provision is to eliminate the need for
on-street parking. Lessee or grantee shall provide at least three
parking stalls for each four persons to be employed on the site, in
addition to customer and visitor parking; provided, however, that
should the proposed use for a site come under more restrictive I.
parking requirements of the appropriate governmental jurisdiction,
the more restrictive requirements shall apply.
II B. Employee parking shall not be permitted:
1. On any public street.
2. Between public street pavement edge and
g property line.
3. Within any required street setback.
C. Street setbacks shall not be used for vehicle maneuvering.
D. All parking areas shall be designated to enable vehicles leaving the I.
property to exit in a forward direction.
3.07 Storage and Loading Areas
A. No materials, supplies, or equipment, including company-owned or �.
operated trucks, shall be stored in any area on a site except inside
a closed building or behind a solid barrier screening such areas from i !
the view of adjoining residentially zoned properties and public
streets unless otherwise specifically approved by declarant.
B. Loading docks shall be set back and screened to minimize view from
the street. Docks shall not be closer than 40 feet to a street
property line, unless a deviation is specifically approved by
Declarant in writing.
C. The loading or unloading of trucks on any street within Redding
Airport Park is prohibited as a tract restriction.
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3.08 Building Regulations
Any building erected on a site shall conform to the following
construction conditions:
A. Exterior walls of sheet or corrugated iron, aluminum, T-111 plywood,
nondecorative block, or asbestos are prohibited, except in special
circumstances wherein specific approval is first obtained. If baked
enamel siding is used, it shall be combined with other building
materials and utilize different colors or angles of panels.
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B. No used building shall be moved into the subdivision.
3.09 Vertical Protrusions
Antennae, masts, and poles (excepting street-light poles) in excess of 25
feet in height shall not be constructed without written consent of
Declarant. Light standards which are not in excess of 35 feet in height
may be installed without written consent within yard or storage areas.
All structures shall conform to Federal Aviation Agency standards.
Satellite dishes are prohibited on tops of buildings or in required
street or residential setback areas.
3.10 Fences and Screening
Any fence directly visible from any public street and used to screen
storage areas from public view shall be a minimum six feet high and shall
be constructed of a style and material approved by the City. Fences
shall not be allowed for other than storage or security areas and shall
not be erected in required street setback areas. Barbed wire, razor
fence, broken glass , or similar security fences are strictly prohibited.
Where proposed storage would exceed the height of the fence and be
visible from a public street, the developer shall plant a row of trees
that can reasonably be anticipated in a period of five years to achieve a
height sufficient to screen the stored materials. All other property
lines may, in the alternative, use chain-link fence with wood or plastic
slats. If adjacent to an area zoned for residential purposes , a row of
trees shall be planted and maintained inside said fence with an interval
to fully screen the storage area within five years. All trees used for
screening must provide an adequate screen year-round.
3.11 Night Lighting
High intensity night lighting shall be directed downward and shall not
glare onto adjoining residentially zoned land or onto public streets nor
shall such lighting interfere with the normal operation of the Redding
Municipal Airport. Street-light standards in parking areas shall not
exceed 25 feet in height and shall be approved by the Declarant as to
style and screening of bulb. Night lighting shall be included in any
landscape plan to accent the building as viewed from a public street.
Article IV
Approval of Plans
4.01 No improvement, as that term is hereinabove defined, shall be erected,
placed, altered, maintained, or permitted to remain on any land subject
to these restrictions until plans and specifications showing plot layout
and all exterior elevations, with materials therefore and structural
design, signs, and landscaping, shall have been submitted to and approved
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in writing by Declarant. Such plans and specifications shall be
submitted in writing over the signature of the owner or lessee of the
site or his authorized agent.
4.02 Approval shall be based, among other things, on adequacy of site
dimensions, site coverage, structural design, conformity, and harmony of
external design and neighboring structures; effect on location and use of
improvements on neighboring sites, improvements, operations and uses;
relation of topography, grade, and finished ground elevation of the site
being improved to that of neighboring sites; proper facing of main
elevation with respect to nearby streets; provisions for adequate site
drainage; and conformity of the plans and specifications to the purpose
and general plan and intent of these restrictions. Declarant shall not
arbitrarily or unreasonably withhold its approval of such plans and
specifications. Declarant shall render approval or disapproval of such
plans within 30 days of submission. To be approved, submitted plans must
be complete.
4.03 If Declarant fails either to approve or to disapprove such plans and
specifications within 30 days after the same have been submitted to it,
it shall be conclusively presumed that Declarant has approved said plans
and specifications, subject, however, to the restrictions contained in
Article III hereof.
4.04 Neither Declarant nor its successors or assigns shall be liable in
damages to anyone submitting plans to it for approval , or to any owner or
lessee of land affected by this Declaration, by reason of mistake in
judgement, negligence or nonfeasance arising out of or in connection with
the approval or disapproval or failure to approve any such plans. Every
person who submits plans to Declarant for approval agrees, by submission
of such plans, and every owner or lessee of any said property agrees, by
acquiring title thereto or interest therein, that he will not bring any
action or suit against Declarant to recover any such damages.
4.05 Notwithstanding anything to the contrary herein contained, after the
expiration of one year from the date of issuance of a Building Permit by
municipal or other governmental authority for any improvement, said
improvement shall , in favor of purchasers and encumbrances in good faith
and for value, be deemed to be in compliance with all provisions of this
Article IV, unless actual notice of such noncompliance or noncompletion,
executed by Declarant, shall appear of record in the office of the County
Recorder of Shasta County, California, or unless legal proceedings shall
have been instituted to enforce compliance or completion.
4.50 Architectural Review Committee
A. Declarant may, from time to time, appoint such agents as required
to constitute an Architectural Review Committee which shall be
created to perform such functions as are required to carry out the
intent of these Restrictions on matters related, but not limited to
the following:
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1. Plan approval or disapproval will be based upon criteria
contained in these Restrictions. The Architectural Review
Committee may render conditional approval based upon recommended
modifications to proposed plans and specifications. Unless the
grantee or lessee presents a request for modification of the
Architectural Review Committee's approved plans, and unless the
grantee or lessee should incorporate modifications specified by
the Architectural Review Committee into final working drawings
for the proposed structure(s) , the said plans shall be deemed the
same as if specific disapproval had been issued.
2. Conformance of
proposed parking areas, landscaping, setbacks,
loading areas, fencing, permanent identification signs to these
restrictions. ! I
3. Any other duties as assigned by Declarant.
B. The Architectural Committee shall consist of the following in the
absence of an appointment of a Design Review Board applicable to the
entire City:
1. One member of the Airport Commission.
2. One member of the Planning Commission.
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3. An architect.
4. An engineer.
5. A City planner.
5.01 Abatement and Suit
Violation or breach of any restriction herein contained shall give to
Declarant the right to enter upon the property upon or as to which said
violation or breach exists and to summarily abate and remove, at the
expense of the Owner or lessee thereof, any structure, thing, or
condition that may be, or exist thereon contrary to the provisions
hereof, or to prosecute a proceeding at law or in equity against the
person or persons violating or attempting to violate any of these
Restrictions to enjoin or prevent such violation, or to recover damages
for said violation, or both.
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5.03 Attorneys ' Fees
In any legal or equitable proceeding for the enforcement or to restrain
the violation of this Declaration or any provision hereof, the losing
party or parties shall pay the attorneys ' fees of the prevailing party or
parties , in such amount as may be fixed by the County in such
proceedings. All remedies provided herein or at law or in equity shall
be cumulative and not exclusive.
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5.04 Inspection
Declarant may from time to time, at any reasonable hour or hours, and
with reasonable cause, enter and inspect any property subject to these
restrictions to ascertain compliance therewith. All such inspections
shall only be performed after advance notification to lessee or property
owner.
5.05 Failure to Enforce Not a Waiver of Rights
With the exception of the time limit for action by Declarant contained by
Section 4.05 of Article IV hereof, the failure of Declarant or any
property owner to enforce any restriction herein contained shall in no
event be deemed to be a waiver of the right to do so thereafter nor of
the right to enforce any other restriction.
Article VI
Regulation of Operations and Uses
6.01 Permitted Operations and Uses
A. No operation may be commenced without written request by lessee or
property owner and written approval by the City.
B. Unless otherwise specifically prohibited herein, any business or
industrial operation and use will be permitted if it is performed or
carried out entirely within a building that is so designed and
constructed that the enclosed operations and uses do not produce
outside the building excessive vibration, unusual and excessive
sound, electro-mechanical disturbance, electro-magnetic disturbance,
radiation, air or water pollution, dust emission, or odorous toxic
or non-toxic matter. All lighting is to be shielded and confined
within property lines as specified in 3.11. All proposed uses must
comply with regulations governing the use and occupancy of the land
and with the General Plan of the local agency.
C. Screened outdoor storage and loading and unloading operations
normally associated with the permitted operations or uses.
D. An exception shall be made during periods when breakdown in equipment
occurs in such a manner as to make it evident that the effect was not
reasonably preventable.
6.02 Prohibited Operations and Uses !
The following operations and uses shall not be
permitted on any property
subject to these Restrictions:
A. Any residential uses
B. Trailer Courts
C. Labor Camps
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D. Junk Yards
E. Drilling for and/or the removal of oil , gas, or other hydrocarbon
substances
F. Commercial excavation of building and construction materials
G. Distillation of bones
H. Dumping, disposal , incineration, or reduction of garbage, sewage,
offal , dead animals, or refuse
I. Fat rendering
J. Stockyard or slaughter of animals
K. Refining of petroleum or of its products I.
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L. Smelting of iron, tin, zinc, or other ores
M. Animal farming of any sort
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N. Drive-in Theater
0. Churches and schools
P. Any uses expressly prohibited by local law
City reserves the right to prohibit other uses not identified if determined to
be in best interests of the Airport.
6.03 Other Operations and Uses
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A. Operations and uses which are neither specifically prohibited nor
specifically authorized by these restrictions may be permitted in a
specific case if operational plans and specifications are submitted
to and approved in writing by Declarant. Approval or disapproval of
such operational plans and specifications shall be based upon the
effect of such operations or uses on other property subject to these
restrictions or upon the occupants thereof. If Declarant fails
either to approve or to disapprove such operational plans and
specifications within 45 days after the same have been submitted to
it, it shall be conclusively presumed that Declarant has disapproved
said plans and specifications.
B. Neither Declarant nor its successors or assigns , shall be liable in
damages to anyone submitting operational plans and specifications to
them for approval , or to any owner or lessee of land affected by this
Declaration, by reason of mistake in judgment, negligence, or
nonfeasance arising out of or in connection with the approval or
disapproval or failure to approve any such operational plans and
specifications. Every person who submits operational plans and
specifications to Declarant for approval agrees , by submission of
such plans and specifications, and every owner and lessee of any of
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said property agrees , by acquiring title thereto or interest therein,
that he will not bring any action or suit against Declarant to
recover any such damages.
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6.04 Subdivision
No lot or site shall be further subdivided or resubdivided, without the
written consent and approval of the Declarant; and in no event shall a
lot or site be created having an area of less than 50,000 square feet or
a street frontage of less than 200 feet.
6.05 Maintenance and Repair
All buildings and other improvements, including parking areas, storage
areas, landscaping, and signs shall at all times be maintained in good
appearance, condition, and repair. Unimproved property shall be
maintained in a sightly condition free of weeds and debris.
6.06 Utilities
All utility and industrial distribution services and systems shall be
enclosed in approved buildings or shall be placed underground or shall be
screened from public view. Said services are to include electrical , gas,
water, sewer, telephone, and any other special piping, conduit,
containers , or other equipment and appurtenances as may be required by
the user. Temporary overhead and surface installations will be permitted
during the actual construction period only. On-site utilities such as
solar collectors , wind generators (not to exceed 25 feet in height) , and
on-site water or gas systems are specifically allowable provided they are
in accordance with the above.
6.07 Clear Zone
No permanent aboveground structures shall be constructed within any Clear
Zone of the Redding Municipal Airport. "Clear Zone" is defined in FAA
Regulations.
6.08 Air and Noise Easement
The City of Redding hereby reserves to itself, as operator of the Redding
Municipal Airport, the right to direct and/or approve the direction of
planes over the property for the purposes of using the Redding Municipal
Airport, and any conveyance of any of this property shall be subject to
the reservation by the City of a perpetual public-use easement or
right-of-way for the free and unobstructed passage and flight of
aircraft, of whatever ownership and whether now known or hereafter used
for navigation of or flight in the air, in, through, over, and across the j
air space 250 feet or more above ground level of the property. This
reservation shall include the right in such airspace to allow, make, and
emit such noise, vibration, fumes, dust, and fuel particles as may be
inherent to the operation of such aircraft; and flights below this
minimum easement elevation or louder than any maximum easement noise
level established, which occur because of emergency aircraft situations,
shall not constitute violations of this air easement.
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6.09 Building height shall not exceed two stories or 30 feet, whichever is
more restrictive, excluding hangars built for aircraft maintenance for
large aircraft or a hotel . ! .
Article VII I.
Assignments of Declarant' s Rights and Duties
7.01 Term
This Declaration, every provision hereof and every covenant, condition,
and restriction contained herein, may be terminated, extended, modified,
or amended, as to the whole of said property or any
portion thereof by
the Declarant. No such termination, extension, modification or amendment
shall be effective until a proper instrument in writing has been executed
and acknowledged and recorded in the Office of the Recorder of Shasta
County, California.
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Article VIII
Miscellaneous Provisions
8.01 Constructive Notice and Acceptance
Every person who now or hereafter owns or acquires any rights, title or
interest in or to any portion of said property is and shall be
conclusively deemed to have consented and agreed to every covenant,
condition, and restriction contained herein, whether or not any reference
to this Declaration is contained in the instrument by which such persons
acquired an interest in said property.
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8.02 Rights of Mortgagees
All restrictions and other provisions herein contained shall be deemed I`
subject and subordinate to all mortgages and deeds of trust now or
hereafter executed upon land subject to these restrictions, and none of
said restrictions shall supersede or in any way reduce the security or
affect the validity of any such mortgage or deed of trust; provided,
however, that if any portion of said property is sold under a foreclosure
of any mortgage or under the provisions of any deed of trust, any
purchaser of such sale, and his successors and assigns, shall hold any
and all property so purchased subject to all of the restrictions and
other provisions of this Declaration.
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8.03 Federal Regulations
All development and uses must comply with applicable FAA regulations.
8.04 Mutuality, Reciprocity; Runs with Land
All restrictions, conditions, covenants , and agreements contained herein
are made for the direct, mutual , and reciprocal benefit of each and every
part and parcel of said property; shall create mutual , equitable
servitudes upon each parcel in favor of every other parcel ; shall create
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reciprocal rights and obligations between the responsive owners of all !'
parcels and activity of contract and estate between all grantees of said
parcels , their heirs, successors and assigns; and shall , as to the owner
of each parcel , his heirs , successors and assigns, operate as covenants
running with the land, for the benefit of all other parcels.
8.05 Paragraph Headings
Paragraph headings, where used herein, are inserted for convenience only
and are not intended to be a part of this Declaration or in any way to
define, limit, or describe the scope and intent of the particular
paragraphs to which they refer.
8.06 Effect of Invalidation
If any provision of this Declaration is held to be invalid by any court,
the invalidity of such provision shall not affect the validity of the
remaining provisions hereof.
10JH09
6-20-89
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