HomeMy WebLinkAbout2007-01-23; Housing & Redevelopment Commission; Resolution 4341 RESOLUTION NO. 434
2 A RESOLUTION OF THE HOUSING AND
REDEVELOPMENT COMMISSION OF THE CITY OF
3 CARLSBAD, CALIFORNIA, APPROVING A PARKING IN-
4 LIEU FEE PROGRAM PARTICIPATION AGREEMENT
BETWEEN THE COMMISSION AND GRAIN TO GREEN,
5 INC., FOR THE PROJECT KNOWN AS PIZZA PORT
LOCATED AT 571 CARLSBAD VILLAGE DRIVE IN THE
6 VILLAGE REDEVELOPMENT AREA
7 WHEREAS, on March 28, 1995, the Housing and Redevelopment Commission
approved a Major Redevelopment Permit to allow the construction of a restaurant at
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571 Carlsbad Village Drive; and
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WHEREAS, as a condition of approval of Major Redevelopment Permit No. 94-
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07 and Coastal Development Permit 94-08, Grain to Green, Inc. and the Housing and
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Redevelopment Commission entered into a Public Parking Space Lease Agreement for
the purposes of providing parking opportunities for the approved restaurant; and
15 WHEREAS, the subject Public Parking Sublease Agreement had an initial term
16 often (10) years and expired in June of 2005, and Grain to Green, Inc. has continued to
17 make monthly lease payments; and
18 WHEREAS, the subject Agreement requires renewal or satisfaction of the
19 required seven (7) parking spaces through an alternate means in order for Grain to
20 Green, Inc. to continue operations of the subject restaurant; and
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WHEREAS, Grain to Green, Inc. has requested, and the subject property is
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eligible, to participate in the Parking In-Lieu Fee Program to satisfy the seven (7) space
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parking requirement which was the subject of the expired Public Parking Sublease
25 Agreement; and
26 WHEREAS, by execution of the Parking In-Lieu Fee Program Participation
27 Agreement, Grain to Green, Inc. agrees to pay the established Parking In-Lieu Fee for a
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1 total of seven (7) parking spaces to satisfy the on-site parking requirements for the
2 approved restaurant (Pizza Port) located at 571 Carlsbad Village Drive within the Village
3 Redevelopment Area of the City of Carlsbad; and
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WHEREAS, the Commission finds that the subject property and project qualifies
5 to participate in the Carlsbad Redevelopment Agency's Parking In-Lieu Fee Program
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and participation in the program will satisfy the parking requirements for the subject
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restaurant on the noted property at 571 Carlsbad Village Drive; and8
9 WHEREAS, the Commission finds that the subject project is consistent with the
10 goals and objectives of the Village Master Plan and Design Manual, and the land use is
11 consistent with the-land use district in which the property is located; and
12 WHEREAS, the Commission finds that the current utilization ratio of the public
13 parking spaces within the Village Redevelopment Area is 82% which indicates that
14 there is adequate public parking within the Village to accommodate the subject project's
parking demand through the Parking In-Lieu Fee program; and
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WHEREAS, the Village Parking In-Lieu Fee Program is in full force and effect as
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of the date of this Parking In-Lieu Fee Participation Agreement.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and
2Q Redevelopment Commission of the City of Carlsbad as follows:
21 1. The above recitations are true and correct.
22 2. That the Housing and Redevelopment Commission hereby approves the
23 Village Parking In-Lieu Fee Participation Agreement between the
24 Commission, on behalf of the Carlsbad Redevelopment Agency, and Grain to
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Green, Inc., business owner of the restaurant located at 571 Carlsbad Village
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Drive, in the Village Redevelopment Area of the City of Carlsbad.
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1 3. That with participation in the Parking In-Lieu Fee Program for a total of seven
2 (7) spaces, the Commission agrees that the parking conditions for RP 94-07
and Coastal Development Permit 94-08 are duly satisfied by the business
4 owner/property owner.
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4. That the Chairperson of the Housing and Redevelopment Commission is
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hereby authorized to execute said Agreement, and the City Clerk is requested
8 to forward the executed Agreement to the County Recorder for recordation
9 against the subject property.
10 5. That the City of Carlsbad Finance Director is hereby authorized to transfer
11 any applicable credit for previously remitted parking lease payments by Grain
12 to Green, Inc., since November, 1997 from the Redevelopment Agency
13 Operation Fund to the Redevelopment Agency Parking Fund, and to deposit
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the balance of the Parking In-Lieu Fee to be remitted by Grain to Green per
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said approved agreement into the Redevelopment Agency Parking Fund.16
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Housing and
Redevelopment Commission of the City of Carlsbad on the 23rd day of January, 2007,
by the following vote:
AYES: Commission Members Lewis, Packard, Sigafoose.
NOES: None.
ABSENT: Commissioners Kulchin, Hall
ATTEST:
RAYMOND R. PATCHETT/SW*• o • t(SEAL) = -': <»
1970 /|.