HomeMy WebLinkAbout2016-01-26; City Council; Resolution 2016-0201
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follows:
EXHIBIT2
RESOLUTION NO. 2016-020
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
BUTLER PROPERTIES, LLC, PROPERTY OWNER, FOR THE PROJECT
KNOWN AS BLUEWATER GRILL LOCATED AT 417 CARLSBAD
VILLAGE DRIVE IN LAND USE DISTRICT 1 OF THE VILLAGE REVIEW
ZONE AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: BLUEWATER GRILL
CASE NO.: RP 92-10(Al/CDP 92-08(A)
The City Council of the City of Carlsbad, California, does hereby resolve as
WHEREAS, as a condition of approval of Major Village Review Permit
Amendment RP 92-10(A) and Coastal Development Permit Amendment COP 92-08(A), the
Property Owner is required to enter into an agreement with the City Council to allow the
Property 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 twenty-one (21)
commercial parking spaces to satisfy the on::.site parking requirements for the project located at
417 Carlsbad Village Drive within Land Use District 1 of the Village Review Zone; and
WHEREAS, the City 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 twenty-one (21) required commercial parking spaces for the subject
project on the noted property at 417 Carlsbad Village Drive; and
WHEREAS, the Planning Commission on December 16, 2015 determined that the
proposed project is consistent with the goals and objectives of the Village Master Plan and
Design Manual and recommended approval to the City Council; and
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WHEREAS, the City Council on January 26, 2016 determined that the proposed
project is consistent with the· goals and objectives of the Village Master Plan and Design
Manual; and
WHEREAS, the City Council has previously determined that there is adequate
public parking available within the Village Area to accommodate the subject project's parking
demands and that the average utilization rate for all public parking lots according to the most
recent parking study is 70%, which is below the full utilization rate of 85%; and
WHEREAS, the Parking In-Lieu Fee Program is in full force and effect as of the
date of this Parking In-Lieu Fee Participation Agreement.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of
Carlsbad, California as follows:
1. That the foregoing recitations are true and correct.
2. That the City Council hereby approves the Village Parking In-Lieu Fee
Participation Agreement between the City Council, on behalf of the City of Carlsbad, and Butler
Properties, LLC, property owner of the project known as Bluewater Grill which is located at 417
Carlsbad Village Drive, in Land Use District 1 of the Village Review Zone ofthe City of Carlsbad.
3. That the Mayor of the City of Carlsbad 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"
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 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 is filed with a deposit in an amount sufficient to cover the estimated cost or
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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, CA, 92008.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council of the City
of Carlsbad on the day 26th day of January, 2016, by the following vote to wit:
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AYES: Council Members Wood, Schumacher, Blackburn, Packard.
NOES: None.
ABSENT: Council Member Hall.
ATTEST:
(SEAL)