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Home My WebLink About2018-02-27; City Council; Resolution 2018-028RESOLUTION NO. 2018-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT BETWEEN THE CITY OF CARLSBAD AND OAK & MADISON, LLC, PROPERTY OWNER, FOR THE PROJECT KNOWN AS SIX ON MADISON LOCATED AT THE NORTHWEST CORNER OF MADISON STREET AND OAK AVENUE IN LAND USE DISTRICT 1 OF THE VILLAGE REVIEW ZONE AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: SIX ON MADISON CASE NO.: CT 2017-0004/RP 2017-0009 (DEV2017-0069) The City Council of the City of Carlsbad, California, does hereby resolve as follows: Exhibit 2 WHEREAS, as a condition of approval of Tentative Tract Map No. CT 2017-0004 and Major Review Permit No. 2017-0009 (Planning Commission Resolution No. 7282), 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 commercial on-site parking requirements for the subject project; and WHEREAS, the Property Owner has agreed, by acceptance ofthe conditions of said approval, to pay the established Parking In-Lieu Fee for a total of four (4) commercial parking spaces to satisfy the I commercial on-site parking requirements for the project located at the northwest corner of Madison Street and Oak Avenue 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 required commercial parking spaces for the subject project on the noted property at the northwest corner of Madison Street and Oak Avenue; and WHEREAS, the Planning Commission on December 20, 2017, 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 February 27, 2018, 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 below the full utilization rate of 85 percent; and Feb. 27, 2018 Item #7 Page 6 of 93 WHEREAS, the Parking In-Lieu Fee Program is in full force and effect as of the 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 between the City, and Oak & Madison, LLC, Property Owner of the project known as Six on Madison which is located at the northwest corner of Madison Street and Oak Avenue, 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 27th day of February, 2018, by the following vote, to wit: AYES: K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. NOES: ABSENT: None. M. Hall. (SEAL) Feb. 27, 2018 Item #7 Page 7 of 93 RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD DOC# 2018-0174301 111111111111 lllll 111111111111111 lllll 111111111111111111111111111111111 May 01, 2018 04:04 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $32 00 (SB2 Atkins $0.00) PAGES 7 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) Space above this line for Recorder's use Assessor's Parcel Number 203-305-10-00 Project Number and Name CT 2017-0004/RP 2017-0009 (DEV2017-0069) -Six on Madison CITY OF CARLSBAD PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT THIS ~TICIPATION AGREEMENT ("Agreement") is entered into this 2. &tYJ day of :±e~ , 2018, by and between the CITY OF CARLSBAD, a municipal corporation of the State of Cal rnia ("City"), and Oak & Madison, LLC, ("Program Participant"), is made with reference to the following: RECITALS A. Program Participant is the owner of certain real property located at the northwest corner of Madison Street and Oak Avenue (APN: 203-305-10-00) 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 Tentative Tract Map and Major Review Permit (CT 2017-0004/RP 2017-0009), which provides conditional approval of a mixed-use project containing six residential condominiums and a 943 square foot commercial space, and participation in the Parking In-Lieu Fee Program for four (4) parking spaces to satisfy the on-site parking requirement of the commercial space ("Project"). B. Condition No. 24 of Planning Commission Resolution No. 7282 states that this Parking In-Lieu Fee Program Participation Agreement shall be entered into between the City and the Program Participant following approval of Tentative Tract Map No. CT 2017-0004 and Major Review Permit No. RP 2017-0009 for the Project, and provides that the Program Participant pay a Parking In-Lieu Fee for a total of four (4) parking space(s). The Program Participant shall pay the approved Parking In-Lieu Fee (per parking space) in effect following approval of Tentative Tract Map No. CT 2017-0004 and Major Review Permit No. RP 2017-0009 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 Feb. 27, 2018 Item #7 Page 8 of 93 Assessor's Parcel Number: 203-305-10-00 Project Number and Name: CT 2017-0004/RP 2017-0009 (DEV2017-0069) -Six on 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. 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 Tentative Tract Map No. CT 2017-0004 and Major Review Permit No. RP 2017-0009 by reason of City Council approval of Tentative Tract Map No. CT 2017-0004 and Major Review Permit No. RP 2017-0009, including Condition No. 28 listed in Planning Commission Resolution No. 7282. (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. 28 of Planning Commission Resolution No. 7282. 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 No. CT 2017-0004 and Major Review Permit No. RP 2017-0009 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. 28 of Planning Commission Resolution No. 7282. 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 Feb. 27, 2018 Item #7 Page 9 of 93 Assessor's Parcel Number: 203-305-10-00 Project Number and Name: CT 2017-0004/RP 2017-0009 (DEV2017-0069)-Six on 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: Oak & Madison, LLC 7851 Mission Center Court #200 San Diego, CA 92108 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. 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. 3 CA 11/5/2014 Feb. 27, 2018 Item #7 Page 10 of 93 Assessor's Parcel Number: 203-305-10-00 Project Number and Name: CT 2017-0004/RP 2017-0009 (DEV2017-0069) -Six on Madison IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. PROGRAM PARTICIPANT CITY OF CARLSBAD, a municipal corporation oCU<.. f{fVla.dfJt11-1_Lt-c..... oftheS~ateofCalifornia B~-By Ui . L-,-- (Signfiiere) .. ~, Mayor Pro Tern /11 C:ff1?. 1Yf'.,[ 1j/J-,t3 t:.7'< I , I I 'V (Print Name/Title) Ma11.4.J",~ Dated: 1 \ Y \ ,.,,,~. ---'---+-1 _ __,_ ________ _ Dated: p.-{J~ P CJ 1 2 0 I f Attest: By:------------ (Sign Here) (Print Name/Title) Dated: ____________ _ Dated: __ 3_hJ/--+l+--\Q, __ _ (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:c2e.4~ Jbgistar,~-City Attorney t .,,Dated: __ o-+-\\__,~\1--li __ _ 4 CA 11/5/2014 Feb. 27, 2018 Item #7 Page 11 of 93 Assessor's Parcel Number: 203-305-10-00 Project Number and Name: CT 2017-0004/RP 2017-0009 (DEV2017-0069) -Six on Madison EXHIBIT A Address: Not yet assigned Assessor Parcel No.: 203-305-10-00 LEGAL DESCRIPTION OF PROPERTY All of Lots 31 and 32 in Block 39, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 535, recorded in the office of the County Recorder of San Diego County, May 2, 1888; Together with that portion of Oak Avenue, adjoining Lot 32 as vacated on September 17, 1985 by Resolution No. 8181 of the City Council of the City of Carlsbad. 5 CA 11/5/2014 Feb. 27, 2018 Item #7 Page 12 of 93 ACKNOWLEDGMENT 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 (1,... ~ County of ~tVl \'" ... A::?~o On __ o,z.l_,i-.-=r_\~·JO_\_£,_ before me.~M 16. t:ou4l, NvbitJd r £{ k2I ( 0 ](insert name anti title of the Gfficer) personally appeared t'V/£;11 Yt;{Jl ~ b?ri , who proved to me on the basis of satisfactory evidence to be the person(.t) whose name(.s) is~ subscribed to the within instrument and acknowledged to me that he/.sh'emmy executed fhe same in his/herttrreir authorized capacity(i.es), and that by his/het"fttffiif signature(,i) on the instrument the person(,:.,), or the entity upon behalf of which the person(~ acted, executed the instrument. 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 se Feb. 27, 2018 Item #7 Page 13 of 93 ACKNOWLEDGMENT 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 before me Sheila R. Cobian, Notary Public '-------------------(insert name and title of the officer) 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. Signature __ ~ r(R, C&G>flfV\ (Seal) i············1 SHEILA R. COBIAN : .,... Notary Public -California : J ~ :· San O,ego County ! . Commission• 2204481 My Comm. Expires Jul 10, 2021 Feb. 27, 2018 Item #7 Page 14 of 93