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HomeMy WebLinkAbout2017-09-26; City Council; Resolution 2017-190follows: RESOLUTION NO. 2017-190 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 GRAND MADISON, LLC, PROPERTY OWNER, FOR THE PROJECT KNOWN AS THE GRAND MADISON LOCATED AT 725 GRAND AVENUE IN LAND USE DISTRICT 1 OF THE VILLAGE REVIEW ZONE AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: THE GRAND MADISON CASE NO.: CT 15-04(A)/RP 15-06(A) (DEV15028) Exhibit 1 The City Council of the City of Carlsbad, California, does hereby resolve as WHEREAS, on February 9, 2016, the City Council adopted City Council Resolution No. 2016-023, approving a Parking In-Lieu Fee Program Participation Agreement for the purchase of 23 in- lieu parking fees for the Grand Madison project located at 725 Grand Avenue, Tentative Tract Map CT 15-04 and Major Review Permit RP 15-06, to satisfy a portion of the on-site parking requirements; and WHEREAS, on February 12, 2016, the Parking In-Lieu Fee Program Participation Agreement was executed between the City of Carlsbad and the property owner; WHEREAS, on April 5, 2017, the Planning Commission approved Planning Commission Resolution No. 7237, amending Tentative Tract Map and Major Review Permit, CT 15-04(A) and RP 15- 06(A); and WHEREAS, the amended project resulted in a reduction in the number of in-lieu parking fees required from 23 to 12 in-lieu parking fees; and WHEREAS, as a condition of approval of Tentative Tract Map CT 15-04(A) and Major Review Permit RP 15-06(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 a portion of 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 12 commercial parking spaces to satisfy a portion of the on-site parking requirements for the mixed use project located at 725 Grand Avenue within Land Use District 1 of the Village Review Zone; and WHEREAS, the 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 a portion of the required parking for the project located at 725 Grand Avenue; and WHEREAS, the Planning Commission on April 7, 2017 determined that the amended project is consistent with the goals and objectives of the Village Master Plan and Design Manual; and WHEREAS, the 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 (June, 2017) is below the fu II 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 subject City Council Resolution supersedes City Council Resolution No. 2016-023. 3. That the City Council hereby approves the Village Parking In-Lieu Fee Participation Agreement between the Council, on behalf of the City of Carlsbad, and Grand Madison, LLC, property owner ofthe project known as The Grand Madison which is located at 725 Grand Avenue, in Land Use District 1 of the Village Review Zone of the City of Carlsbad. 4. 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 26th day of September, 2017, by the following vote, to wit: AYES: NOES: ABSENT: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher. None. M. Packard. (SEAL) RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) DOC# 2017-0486539 111111111111111111111111111111111111111111111111111111111 IIIII IIII IIII Oct 19, 2017 12:25 PM OFFICIAL RECORDS Ernest J. Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES: $30 00 PAGES: 6 Space above this line for Recorder's use Assessor's Parcel Number 203-303-21-00 -----------Project Number and Name CT 15-04(A)/RP 15-06(A) - CITY OF CARLSBAD PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT The Grand Madison &tiis PARTICIPATION AGREEMENT ("Agreement") is entered into this / Oth day _of • t:(A...,, 2017, by and between the CITY OF CARLSBAD, a municipal corporation of the State of California ("City"), and Grand Madison, LLC, ("Program Participant"), is made with reference to the following: RECITALS A Program Participant is the owner of certain real property located at 725 Grand Avenue (APN:. 203-303-21-00) in the City of Carlsbad, County of San Djego, State of California, described in "Exhibit A", attached hereto and incorporated herein by this reference, and is proposing a project which requires a Tentative Tract Map Amendment (CT 15-04A) and Major Review Permit Amendment (RP 15-06A), which provides conditional approval for the· construction of a four-story mixed-use building and participation in the Parking In-Lieu Fee Program for 12 parking spaces to satisfy a portion of the on-site parking requirements ("Project"). B. Condition No. 24 of Planning Comm.ission Resolution No. 7237 states that this Parking In-Lieu Fee Program Participation Agreement shall be entered into betyveen the City and the Program Participant following approval of Tentative Tract Map No.15-04{A) and Major Review Permit No. 15-0G{A) for the Project, and provides that the Program Participant pay a Parking In- Lieu Fee for a total of 12 parking spaces. The Program Participant shall pay the approved Parking In-Lieu Fee (per parking space) in effect following approval of Tentative Tract Map No. 15-04(A) and Major Review Permit No. 15-0G{A) to satisfy a portion of the parking requirement for the Project according to the requirements set forth in this Agreement. 1 CA 11/5/2014 .... ' ) APN: 203-303-21-00 PROJECT NO. & NUMBER: CT 15-04(A)/RP 15-06(A)-THE GRAND MADISON 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. 2. A PORTION OF 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 12 on-site parking spaces for the Project covered by Tentative Tract Map Amendment No. 15-04(A) and Major Review Permit Amendment No. 15-06(A) by reason of Planning Commission approval of Tentative Tract Map 15-04(A) and Major Review Permit 15- 06(A), including Condition No. 24 listed in Planning Commission Resolution No. 7237 (b) The Program Participant shall pay the Parking In-Lieu Fee for a total of 12 parking spaces as established by the City Council, and, as required by Condition No. 24 of Planning Commission Resolution No. 7237. 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 within the Village Area of the City of Carlsbad. The City Council has approved Tentative Tract Map Amendment No. 15-04(A) and Major Review Permit Amendment No. 15-06(A) conditioned upon the Program Participant's payment of a Parking In- Lieu Fee for a total of jl_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. 24 of Planning Commission Resolution No. 7237. 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. 2 CA 11/5/2014 APN: 203-303-21-00 PROJECT NO. & NUMBER: CT 15-04(A)/RP 15-06(A)-THE GRAND MADISON 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: Community & Economic Development Department Planning Division Attn: City Planner 1635 Faraday Avenue Carlsbad, California 92008 TO THE PROGRAM PARTICIPANT: Grand Madison, LLC 3005 S. El Camino Real San Clemente, CA 92672 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 12 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. 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. 3 CA 11/5/2014 PROGRAM PARTICIPANT By: /?-n APN: 203-303-21-00 PROJECT NO. & NUMBER: CT 15-04(A)/RP 15-06(A)-THE GRAND MADISON CITY OF CARLSBAD, a municipal corporation of the State of California . KaHere) f=_C"v~ Pv1v.-J ., ,~,911 A{r.A{i.¾,f1,t- By: ,eu Matt Htt, Mayor Dated: /O/w/;1 ! (P:t Name/Trtle) Dated: qf..!-., !!_1 By: __ r -(-~ig-n-He-re-) ----(~17% ~ - Barbara Engleson, cityt1e~~ /) (Print Name!Title) Dated: ___________ _ Dated: ---c/....::O;.+-Vt..;...;:1a~W.L-'_,_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 By,neL~ Assistant City A orney Dated: __,_(O=-,,/"--~..__-+-/-tJ-1----- 4 -CA 11/5/2014 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • 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 otSu..n "S)\eal) ) On 0~ /d\'I /Qol7 beto,eme, ih\.x.< O'J.COc-~~ f)v\.)Jtc Date L...1 Here Insert Name and T~ er personally appeared Ke\j\:0. ~'l "'c.. 4.. s::)ua.o Name{ef of Signef,ft} ---------------------------------------· who proved to me on the basis of satisfactory evidence to be the perso~ whose name~ is/~ subscribe<;! to the within instrument and acknowledged to me that he/~/t~ executed the same in his/~r/t~ir authorized capacity{~, and that b¥ his/hlr/tl}iir signature(i) on the instrument the person~. or the entity upon behalf of which the person(~ acted, executed the instrument. rho rc2rnensemr:eemoooo1 nose--- ~"~'~., AMBER MOOREI it, ;~{t:t%,t ~~ COMM. #2189235 > <C ~·~ .1 .. ~,.. ..p NOTARY PUBL. IC-CALIFORNIA ~ '.:t..-~~J SAN DIEGO COUNTY 0 '~ My Comm. Expires APRIL 1, 2021 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signa1u,a-.-Jr\_ Signature of Notary Public -----------------OPTIONAL ________________ _ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: W:.t'\! Number of Pages: ? Signer(s) \..\$) fca_~~ument Date: oC, /~-'\} 17 Named Above: "-' \ V'r--~----------- Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -0 Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: _____________ _ D Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ·~ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 APN: 203-303-21-00 PROJECT NO. & NUMBER: CT 15-04(A)/RP 15-06(A)-THE GRAND MADISON Address: 725 Grand Avenue Assessor Parcel No.: 203-303-21-00 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Lots 13, 14, 15, and 16 in Block 49 of Carlsbad Townsite, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 535, filed in the office of the County Recorder of San Diego County, May 2, 1888. 5 CA 11/5/2014