HomeMy WebLinkAbout2001-06-05; City Council; Resolution 2001-1561
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RESOLUTION NO. 2001-156
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A REIMBURSEMENT
AGREEMENT WITH THE “ISLAND @I CARLSBAD” FOR THE
I CONSTRUCTION OF A TRAFFIC SIGNAL.
WHEREAS, on December 6, 2000, the City of Carlsbad Planning Commission approved
’ (7-O) Conditional Use Permit 00-01 for development of a convenience market and service
station (“Project”) on a portion of The “Island Q Carlsbad” complex at the southeast corner of
Van Allen Way and Faraday Avenue; and
WHEREAS, a “Transportation Analysis for the 7-Eleven at the Island” prepared by Urban
Systems Associates, Inc., dated July 31, 2000, and on file with the City of Carlsbad Engineering
Department, concluded that the Project’s traffic impacts would warrant a traffic signal at the
intersection of Van Allen Way and Faraday Avenue (the “Traffic Signal”); and
WHEREAS, The “Island Q Carlsbad” L.L.C., hereinafter referred to as “Developer”, is
the property owner of the Project and has agreed to fund and construct the traffic signal; and,
WHEREAS, the three other properties fronting the intersection of Van Allen Way and
Faraday Avenue would benefit from the traffic signal; and
WHEREAS, these properties will pay a proportionate share of the funding for the traffic
signal if or when these properties develop, meeting the criteria written in Section 18.40.040 and
18.40.070 of the Carlsbad Municipal Code; and,
WHEREAS, the Developer has requested that the City of Carlsbad facilitate the
collection of the traffic signal funds in the form of fees and that the City of Carlsbad enter into a
reimbursement agreement with said Developer as a means of forwarding said collected fees to
the Developer for cost recovery of upfront costs incurred by the Developer; and
WHEREAS, the City of Carlsbad and Developer desire to enter into a reimbursement
agreement for the construction of a traffic signal at the intersection of Van Allen Way and
Faraday Avenue and will collect fees from said benefiting property owners under the provisions
described in said reimbursement agreement.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct
2. That the reimbursement agreement by and between The “Island @ Carlsbad” LLC, a
California Limited Liability Company and the City is hereby approved and the Mayor is
authorized to sign said agreement on behalf of the City.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 5th day of June , 2001, by the following vote:
AYES: Council Members Lewis, Kulchin, Nygaard, and Hall.
NOES: None.
ABSENT: Council Member Finnila.
All-EST:
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