HomeMy WebLinkAbout2017-01-10; City Council; Resolution 2017-009RESOLUTION NO. 2017-009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A PARKING IN-LIEU FEE PROGRAM
PARTICIPATION AGREEMENT BETWEEN THE CITY AND FIRST BMS
PROPERTIES, LLC, PROPERTY OWNER, FOR THE PROJECT KNOWN AS 4 PLUS
1 LUXURY LIVING LOCATED AT 3050 MADISON STREET IN LAND USE
DISTRICT 1 OF THE VILLAGE REVIEW ZONE AND WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME:
CASE NO.:
4 PLUS 1 LUXURY LIVING
RP 15-16/CDP 15-37
The City Council of the City of Carlsbad, California, does hereby resolve as follows:
EXHIBIT2
WHEREAS, as a condition of approval of Major Review Permit RP 15-16 and Coastal
Development Permit COP 15-37 (Planning Commission Resolution No. 7210), the Property Owner is
required to enter into an agreement with the City 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 four (4) commercial parking spaces to satisfy the
on-site parking requirements for the project located at 3050 Madison Street 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
four (4) required commercial parking spaces for the subject project on the noted property at 3050
Madison Street; and
WHEREAS, the Planning Commission on November 16, 2016 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
WHEREAS, the City Council on January 10, 2017 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 (May 2016)
is 72%, which is below the full utilization rate of 85%; and
EXHIBIT 2
WHEREAS, the Parking In-Lieu Fee Program is in full force and effect as ofthe date ofthis Parking
In-Lieu Fee Participation Agreement.
NOW, THEREFORE, BE IT 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, attached hereto as Attachment A, between the City, and First BMS Properties, LLC,
property owner of the project known as 4 Plus 1 Luxury Living which is located at 3050 Madison Street,
in Land Use District 1 of the Village Review Zone of the 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.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the lOth day of January, 2017, by the following vote, to wit:
AYES: M. Hall, K. Blackburn, M. Schumacher, M. Packard.
NOES: C. Schumacher.
ABSENT: None.
(SEAL)
RECORDING REQUESTED BY AND)
WHEN RECORDED MAIL TO: )
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
)
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)
)
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DOC# 2017-0032050
II IIIII IIIII IIIII IIIII 1111 1111111111111111 IIIII IIIII 1111111111 11111111
Jan 20, 2017 01 :00 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr,
SAN DIEGO COUNTY RECORDER
FEES $30 00
PAGES 6
Space above this line for Recorder's use
Assessor's Parcel Number 203-351-03 --------~~~~~~~~~~~ Project Number and Name RP 15-16/CDP 15-37-4 Plus 1
CITY OF CARLSBAD
PARKING IN-LIEU FEE PROGRAM
PARTICIPATION AGREEMENT
Luxury Living
THIS PARTICIPATION AGREEMENT ("Agreement") is entered into this 10th day of
January, 2017, by and between the CITY OF CARLSBAD, a municipal corporation of the State
of California ("City"), and First BMS Properties, LLC, ("Program Participant"), is made with
reference to the following:
RECITALS
A. Program Participant is the owner of certain real property located at 3050 Madison
Street (APN: 203-351-03) in the City of Carlsbad, County of San Diego, State of California,
described in "Exhibit A", attached hereto and incorporated herein by this reference, and is
proposing a project which requires a Major Review Permit (RP# 15-16), which provides
conditional approval of 4 Plus 1 Luxury Living ("Project").
B. Condition No. 18 of Planning Commission Resolution No. 7210 states that this
Parking In-Lieu Fee Program Participation Agreement shall be entered into between the City and
the Program Participant following approval of Major Review Permit No. RP 15-16 for the Project,
and provides that the Program Participant pay a Parking In-Lieu Fee for a total of (four) parking
spaces. The Program Participant shall pay the approved Parking In-Lieu Fee (per parking space)
in effect following approval of Major Review Permit No. 15-16 to satisfy a portion of the parking
requirement for the Project according to the requirements set forth in this Agreement.
NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the
mutual covenants contained herein, the parties agree as follows:
1. THE RECITALS ARE TRUE AND CORRECT.
1 CA 11/5/2014
,
Assessor's Parcel Number: 203-351-03
Project Number and Name: RP 15-16/CDP 15-37 -4 Plus 1 Luxury Living
2. ON-SITE PARKING REQUIREMENTS WILL BE SATISFIED THROUGH THE
PAYMENT OF A PARKING IN-LIEU FEE.
(a) Performance under this Agreement satisfies the Program Participant's
obligation for providing four (4) on-site parking spaces for the Project covered by Major Review
Permit No. 15-16 by reason of City Council approval of Major Review Permit No. 15-16, including
Condition No. 18 listed in Planning Commission Resolution No. 7210.
(b) The Program Participant shall pay the Parking In-Lieu Fee for a total of four
(4) parking spaces as established by the City Council, and, as required by Condition No. 18 of
Planning Commission Resolution No. 7210. The fee shall be paid following approval for the
subject project and prior to issuance of a building permit. The fee shall be the sum total of the fee
per parking space needed to satisfy the Project's parking requirement.
(c) The Program Participant shall have no right to designated parking spaces
within the public parking lots located within the Village Review zone, or at any other location within
the City of Carlsbad, nor shall the Program Participant have exclusive use of any public parking
space. Through participation in the subject Parking In-Lieu Fee Program, the Program Participant
agrees to assist the City of Carlsbad in funding the provision of existing, and/or the provision of
new, off-street public parking spaces with.in the Village Area of the City of Carlsbad. The City
Council has approved Major Review Permit 15-16 conditioned upon the Program Participant's
payment of a Parking In-Lieu Fee for a total of four (4) parking spaces.
3. REMEDIES
Failure by the Program Participant to perform in accordance with this Agreement
will constitute failure to satisfy the requirements of Chapter 21.35 of the Carlsbad Municipal Code,
the Village Master Plan and Design Manual, and Condition No. 18 of Planning Commission
Resolution No. 7210. Such failure will allow the City to exercise any and all remedies available
to it including but not limited to withholding the issuance of building permits for the Project.
4. HOLD HARMLESS
Program Participant will indemnify and hold harmless (without limit as to amount)
the City of Carlsbad and its elected officials, officers, employees and agents in their official
capacity (hereinafter collectively referred to as "lndemnitees"), and any of them, from and against
all loss, all risk of loss and all damage, including attorneys' fees and expenses, sustained or
incurred because of or by reason of any and all claims, demands, suits, or actions obtained,
allegedly caused by, arising out of or relating in any manner to Program Participant's actions or
defaults pursuant to this Agreement, and shall protect and defend lndemnitees, and any of them
with respect thereto.
5. NOTICES
All notices required pursuant to this Agreement shall be in writing and may be given
by personal delivery or by registered or certified mail, return receipt requested to the party to
receive such notice at the address set forth below:
TO THE CITY:
2 CA 11/5/2014 Item #11 January 10, 2017 Page 8 of 59
Assessor's Parcel Number: 203-351-03
Project Number and Name: RP 15-16/CDP 15-37 - 4 Plus 1 Luxury Living
Community & Economic Development Department
Planning Division
Attn: City Planner
1635 Faraday Avenue
Carlsbad, California 92008
TO THE PROGRAM PARTICIPANT:
First BMS Properties, LLC
1010 Pearl Street #12
La Jolla, CA 92037
Any party may change the address to which notices are to be sent by notifying the other parties
of the new address, in the manner set forth above.
6. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and no modification hereof
shall be binding unless reduced to writing and signed by the parties hereto.
7. DURATION OF AGREEMENT
Except for the provisions of Paragraph 4, which shall survive the term of this
Agreement, upon payment of the parking in-lieu fee for the four (4) parking spaces for the Project,
the Program Participant shall have no further obligations under this Agreement.
8. SUCCESSORS
This Agreement shall benefit and bind the Program Participant and any successive
owners of the Project as described in Exhibit A to this Agreement.
9. JURISDICTION
Program Participant agrees and hereby stipulates that the proper venue and
jurisdiction for any resolution of disputes between the parties arising out of this Agreement is San
Diego County, California.
3 CA 11/5/2014 Item #11 January 10, 2017 Page 9 of 59
Assessor's Parcel Number: 203-351-03
Project Number and Name: RP 15-16/CDP 15-37-4 Plus 1 Luxury Living
10. SEVERABILITY
In the event any provision contained in this Agreement is to be held invalid, void
or unenforceable by any court of competent jurisdiction, the remaining provisions of this
Agreement shall nevertheless, be and remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed
as of the day and year first above written.
PROGRAM PARTICIPANT
.(), . (Ptjpt Nqme/Tj14;) . .,d If) o ~/'· rt;yy('JS,ms..
Dated: 12 ,'I) 2 /Jj;;
By: ________________________ __
(Sign Here)
(Print Name/Title)
Dated: ------------------------
CITY OF CARLSBAD, a municipal corporation
of the State of California
By: M1thf{j!J/
Dated: l /1~/1]
Attest:
Dated: ____ ..:.._\ .J-11 \....:::::~4-J ...1...\ ]....£__ __
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified
by the secretary or assistant secretary under corporate seal empowering the office(s) signing to
bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of partnership
authorizing the partner to execute this instrument.)
(Proper notarial acknowledgment of execution by Program Participant must be attached.)
APPROVED AS TO FORM:
Celia A. Brewer, City Attorney
Dated:. __ •...J...( .!.-\..z..--J/...:...1...:...7 ____ _
4 CA 11/5/2014
Item #11 January 10, 2017 Page 10 of 59
California All-Purpose Acknowledgement
A Notary Public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego
On 'De.c_ .2ri, 'do\lo before me, ___ A-:-:--. K--;;. M--:::::-:arv--;;in-::::,=N_o_t_ar_y_P_u_b_Ii_c _______ _
Name & Title of Officer
personally appeared 'DruLL S0-~\oo-
who proved to me on the basis of satisfactory evidence to be the person~whose nam~)
~are subscribed to the within instrument and acknowledge~_me that ~he/they executed
'tn'e same in@her/their authorized capacity(!es},-& that by~her/their signatures(s-) on the
instrument the person(.s},-or the entity upon behalf of which the person(stacted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true & correct.
WITNESS my hand & official seal
Optional Information
Description of Attached Document: L (l
Title or Type of Document: \-\:~ s·E \....a.,~ \s.bd
~?ct>&~
Document Date: _________ _
Other information:
A. K. MARVIN ... l
Commission No. 2028824 £
NOTARY PUBLIC-CALIFORNIA ~
SAN DIEGO COUNTY ~
Commission Expires July 11, 2017 ~
Notary Seal
Number of Pages:. __ 4_·t-·-----
Item #11 January 10, 2017 Page 11 of 59
Address: 3050 Madison Street
Assessor Parcel No.: 203-351-03
Assessor's Parcel Number: 203-351-03
Project Number and Name: RP 15-16/CDP 15-37 -4 Plus 1 Luxury Living
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Lots 9 and 1 O in Block 48 of Carlsbad in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 535 and 775, filed in the Office of the County Recorder
of San Diego County May 2, 1888 and February 15, 1894, respectively.
5 CA 11/5/2014 Item #11 January 10, 2017 Page 12 of 59
SITE MAP
• N
NOT TO SCALE
4 Plus 1 Luxury Living
RP 15-16 / CDP 15-37
Exhibit 3
Item #11 January 10, 2017 Page 13 of 59