HomeMy WebLinkAbout1996-04-23; Housing & Redevelopment Commission; Resolution 2781
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RESOLUTION NO. 278
A.RESOLUTION OF THE HOUSING AND REDEVELOPMENT
COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA DENYING THE APPEAL AND REVOKING
APPROVAL OF JOINT USE PARKING AGREEMENT AND A
15% REDUCTION FOR COMMON PARKING FACIEITIES
FOR TWO EXISTING RETAIL COMMERCIAL CENTERS
LOCATED NORTH OF GRAND AVENUE BETWEEN
ROOSEVELT STREET AND MADISON STREET IN THE
VILLAGE REDEVELOPMENT AREA.
APPLICANT: WILSON/MURPHY JOINT PARKING FACILITY
CASE NO: APN: 203-301-5, 203-302-1, 203-182-4
WHEREAS, staff has referred a request to the Design
Review Board to consider revocation of a previous approval of
Joint Use Parking and a 15% parking reduction for common parking
facilities for two existing commercial centers located between
Grand Avenue and Madison and Roosevelt Streets; and
WHEREAS, pursuant to the provisions of the Carlsbad
Municipal Code, the Design Review Board, on the 7th day of
February, 1996, did hold a duly noticed public hearing to
consider said request on property described as:
Lots 33, 34 and 35 of Seaside Lands, Map 1722
and Portions of Blocks 27 and 50 of Map 775 (and as further described in Exhibit ”A”
attached hereto).
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
desiring to be heard, said Design Review Board considered all
factors relating to the revocation of the Wilson/Murphy Joint Use
Parking Facility; and
WHEREAS the Design Review Board did adopt Resolution
No. 245 on February 6, 1996 revoking the previous approval of the
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Joint Use Parking; and
WHEREAS, the project is a minor project as described in
Chapter 21.35 of the Carlsbad Municipal Code and the decision set
forth in Resolution No. 245 was final, except for appeal to the
Housing and Redevelopment Commission; and
WHEREAS, on the 20th day of February 1996 the property
owner of the Murphy Center (hereinafter "appellant") appealed
said decision to the Housing and Redevelopment Commission; and
WHEREAS, the conditions of approval of the Joint Use
Parking and the 15% parking reduction for the two commercial
centers required the provision of a minimum of 181 parking spaces
for joint-use parking; and
WHEREAS, the conditions of approval also require the
recordation-of an agreement between the two property owners for
the two centers for joint parking and reciprocal parking
easements providing a minimum of 181 spaces; and
WHEREAS, a joint use parking facility which would
provide a minimum of.181 spaces required the inclusion of
appellant's smaller parking lot located at the northeast corner
of Madison Street and Grand Avenue; and
WHEREAS, until 1992 through 1994 the City was not aware
that such joint use parking agreement was not functioning as
envisioned due to the failure to include the lot at the northeast
corner of Madison and Grand Avenue, said failure being as a
result of neglect, inadvertence or excusable neglect; and
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WHEREAS, until 1992 through 1994 the City was not aware
that such joint use parking agreement was not functioning as
envisioned; and
WHEREAS, appellant engaged in activities inconsistent
with the joint-use of these 181 parking spaces and would not
allow joint use of the smaller parking lot on the northeast
corner of Madison and Grand; and
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WHEREAS, the City was not aware of this problem until
such inconsistent position was expressed; and
WHEREAS, the occupancy of the Murphy center has been
reduced by the vacant restaurant site; and
WHEREAS, the Murphy center has adequate parking for
existing occupied spaces but will need to apply to the City for
permits forchanges in occupancy and must provide proof of
adequate parking at that time; and
WHEREAS, despite numerous efforts by the City, the
property owner of the smaller parking lot is not willing to
correct the Joint Use Parking Agreement to include it,
NOW, THEREFORE, BE IT RESOLVED by the Housing and
Redevelopment Commission of the City of Carlsbad, California, as
follows:
1. That the foregoing recitations are true and
correct.
2. That based on the evidence presented at the public
hearings before the Design Review Board and the Housing and
Redevelopment Commission, the Housing and Redevelopment
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Commission hereby revokes the previous approval of the Joint Use
Parking and 15% parking reduction for common parking facilities
for the two existing retail commercial centers located north of
Grand Avenue between Roosevelt Street and Madison Street.
3. That this action is final the date this resolution
is adopted by the Housing and Redevelopment Commission. The
provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time
Limits for Judicial Review" shall apply:
"NOTICE TO APPLICANT"
"The time within which judicial review of
this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of
Carlsbad by Carlsbad Municipal Code Chapter
1.16. Any petition or other paper seeking
judicial review must be filed in the
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 of the
proceedings accompanied by the required
deposit in an amount sufficient to cover the
estimated cost of 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 Carlsbad
Village Drive, Carlsbad, California 92008 e
PASSED, APPROVED AND ADOPTED at a Regular Meeting of
the Housing and Redevelopment Commission of the City of Carlsbad
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on the 23rd day of APRIL 1996, by the following vote,
to wit:
AYES: Commissioners Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT : None
ATTEST: A
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