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HomeMy WebLinkAbout2015-04-21; City Council; Resolution 2015-098EXHIBIT 1 RESOLUTION NO. 2015-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT BETWEEN THE CITY COUNCIL AND QUONSET DEVELOPMENT LLC, PROPERTY OWNER, FOR THE PROJECT 4 KNOWN AS QUONSET ADDITION LOCATED AT 2727 STATE STREET IN LAND USE DISTRICT 1 OF THE VILLAGE REVIEW ZONE AND WITHIN 5 LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: QUONSET ADDITION 6 CASE NO.: RP 14-15 7 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 8 WHEREAS, as a condition of approval of Minor Village Review Permit 14-15, the 9 Property Owner is required to enter into an agreement with the City Council to allow the Property 1^ Owner to participate in the Village Parking In-Lieu Fee Program to satisfy the on-site parking requirements for the subject project; and WHEREAS, the Property Owner has agreed, by acceptance of the conditions of said approval, to pay the established Parking In-Lieu Fee for a total of two (2) commercial parking spaces to satisfy the on-site parking requirements for the adaptive reuse project located at 2727 State Street within Land Use District 1 of the Village Review Zone; and WHEREAS, the Council finds that the subject property and project has qualified to participate in the Village Parking In-Lieu Fee Program and participation in the program will satisfy the two (2) required commercial parking spaces for the subject project on the noted property at 2727 State Street; and WHEREAS, the Planning Commission on November 5, 2014 determined that the proposed project is consistent with the goals and objectives of the Village Master Plan and Design Manual; and 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, the Council has previously determined that there is adequate public parking 25 available within the Village Area to accommodate the subject project's parking demands and that the 25 average utilization rate for all public parking lots according to the most recent parking study is 63%, 27 which is below the full utilization rate of 85%; and 28 1 WHEREAS, the Parking In-Lieu Fee Program is in full force and effect as of the date of 2 this Parking In-Lieu Fee Participation Agreement. 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, 4 California as follows: 5 1. That the foregoing recitations are true and correct. 6 2. That the City Council hereby approves the Village Parking In-Lieu Fee Participation Agreement between the Council, on behalf of the City of Carlsbad, and Quonset Development, LLC, property owner of the project known as the Quonset Addition which is located at 2727 State Street, in Land Use District 1 ofthe Village Review Zone ofthe City of Carisbad. 3. That the Mayor of the City of Carisbad is hereby authorized to execute said Agreement, and the City Clerk is requested to forward the executed Agreement to the County Recorder for recordation against the subject property. "NOTICE TO APPLICANT" 7 8 9 10 11 12 13 14 „ The time within which judicial review of this decision must be sought is governed by Code of Civil 15 Procedure, Section 1094.6, which has been made applicable in the City of Carisbad by Carisbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the 16 appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a 17 deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carisbad Village Drive, Carisbad, CA, 92008. 19 20 21 22 23 24 25 26 27 28 /// /// /// /// /// /// /// 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the day of 2015, by the following vote to wit: AYES: NOES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. None. ABSENT: None. MATT HALL, Mayor ATTEST: BARBARA ENGLESON, ©ty Clerk