HomeMy WebLinkAbout2019-08-27; City Council; Resolution 2019-152RESOLUTION NO. 2019-152
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 CARLSBASD AND
RUSSELL SATTERLY, SUSAN SATTERLY AND LINDA MINO, PROPERTY
OWNERS, FOR THE PROJECT KNOWN AS PURE PROJECT BREWERY AND
TASTING ROOM LOCATED AT 2825 STATE STREET IN THE VILLAGE CENTER
DISTRICT OF THE VILLAGE AND BARRIO MASTER PLAN AND WITHIN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME:
CASE NO.:
PURE PROJECT BREWERY AND TASTING ROOM
SDP 2019-0002/CUP 2018-0021 (DEV2018-0196)
WHEREAS, pursuant to Planning Commission Resolution No. 7335, as a condition of approval of
Minor Site Development Plan SDP 2019-0002 and Conditional Use Permit CUP 2018-0021, 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 one (1) commercial parking space to satisfy the
on-site parking requirements for the 2,206-square-foot brewery and tasting room project located at
2825 State Street within the Village Center District of the Village and Barrio Master Plan; 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 parking for the subject project located at 2825 State Street; and
WHEREAS, the City Council on August 20, 2019 determined that the proposed project is
consistent with the goals and objectives of the Village and Barrio Master Plan; and
WHEREAS, the City Council has 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 (August 2018) is
78.9 percent, which is below the full utilization rate of 85 percent; and
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 HEREBY RESOLVED by the City Council ofthe City of Carlsbad, California
as follows:
August 27, 2019 Item #9 Page 6 of 140
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 Russell Satterly, Susan
Satterly and Linda Mino, property owners of the project known as Pure Project Brewery and Tasting
Room which is located at 2825 State Street, in Village Center District of the Village and Barrio Master
Plan of the City of Carlsbad (Attachment A).
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"
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 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.
August 27, 2019 Item #9 Page 7 of 140
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 27th day of August 2019, by the following vote, to wit:
AYES: Hall, Blackburn, Schumacher, Hamilton.
NAYS: None.
ABSENT: Bhat-Patel MM/J
~ /lec;-hr {ilfme z,,
{.,-BARBARA ENGLESON, City Clerk ~ Ct_!j
(SEAL) C /er K
August 27, 2019 Item #9 Page 8 of 140
DOC# 2020-0087845
111111111111 lllll 11111111111111111111 lllll lllll 11111111111111111111111
Feb 21, 2020 09:56 AM
OFFICIAL RECORDS
Ernes.t J. Dronen burg, Jr ,
SAN DIEGO COUNTY RECORDER
FEES $41.00 (SB2 Atkins $0 00)
RECORDING REQUESTED BY AND)
WHEN RECORDED MAIL TO: )
PAGES 10
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
)
)
)
)
)
Space above this line for Recorder's use
Assessor's Parcel Number 203-294-01-00 -------------Project Number and Name SOP 2019-0002/CUP 2018-0021
Pure Project Brewery and Tasting
Room
CITY OF CARLSBAD
PARKING IN-LIEU FEE PROGRAM
PARTICIPATION AGREEMENT
A THIS PARTICIPATION AGREEMENT ("Agreement") is entered into this ;jqlh day of ugusl , 2019, by and between the CITY OF CARLSBAD, a municipal corporation of
the State of California ("City"), and Russell Satterly, Susan Satterly and Linda Mino, ("Program
Participant"), is made with reference to the following:
RECITALS
A Program Participant is the owner of certain real property located at 2825 State
Street (APN: 203-294-01-00) 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 Minor Site Development Plan (SDP 2019-0002) and
Conditional Use Permit (CUP 2018-0021), which provides conditional approval for a 2,206-
square-foot brewery and tasting room and participation in the Parking In-Lieu Fee Program
for .1 parking space to satisfy the on-site parking requirements ("Project").
B. Condition No. 13 of Planning Commission Resolution No. 7335 states that this
Parking In-Lieu Fee Program Participation Agreement shall be entered into between the City and
the Program Participant following approval of Minor Site Development Plan SDP 2019-0002 and
Conditional Use Permit CUP 2018-0021 for the Project and provides that the Program Participant
pay a Parking In-Lieu Fee for a total of .1 parking space. The Program Participant shall pay the
approved Parking In-Lieu Fee (per parking space) in effect following approval of Minor Site
Development Plan SDP 2019-0002 and Conditional Use Permit CUP 2018-0021 to satisfy the
parking requirement for the Project according to the requirements set forth in this Agreement.
1 CA 11/5/2014
August 27, 2019 Item #9 Page 9 of 140
. ~ APN: 203-294-01-00
PROJECT NO. & NUMBER: SOP 2019-0002/CUP 2018-0021 -PURE PROJECT BREWERY AND TASTING ROOM
NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the
mutual covenants contained herein, the parties agree as follows:
1.
2.
THE RECITALS ARE TRUE AND CORRECT.
THE 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 .1 on-site parking space for the Project covered by Minor Site Development
Plan SDP 2019-0002 and Conditional Use Permit CUP 2018-0021 by reason of Planning
Commission approval of Minor Site Development Plan SDP 2019-0002 and Conditional Use
Permit CUP 2018-0021, including Condition No. 13 listed in Planning Commission Resolution No.
7335.
(b) The Program Participant shall pay the Parking In-Lieu Fee for a total of .1
parking spaces as established by the City Council, and, as required by Condition No. 13 of
Planning Commission Resolution No. 7335. 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 Minor Site Development Plan SDP 2019-0002 and Conditional Use Permit
CUP 2018-0021 conditioned upon the Program Participant's payment of a Parking In-Lieu Fee
for a total of .1_parking space.
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. 13 of Planning Commission
Resolution No. 7335. 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
August 27, 2019 Item #9 Page 10 of 140
APN: 203-294-01-00
PROJECT NO. & NUMBER: SOP 2019-0002/CUP 2018-0021 -PURE PROJECT BREWERY AND TASTING ROOM
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.
PROGRAM PARTICIPANT
Dated:
(Print NamefTitle)
Dated: 6 \ \0\ \g
(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.)
4 CA 11/5/2014
August 27, 2019 Item #9 Page 11 of 140
APN: 203-294-01-00
PROJECT NO. & NUMBER: SDP 2019-0002/CUP 2018-0021 -PURE PROJECT BREWERY AND TASTING ROOM
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:
Russell Satterly
909 Rosemary Avenue
Carlsbad, CA 92011
Susan Satterly
3863 Cambridge Court
Oceanside, CA 93056
Linda Mino
1437 Machado Street
Oceanside, CA 92054
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 1 parking space 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.
3 CA 11/5/2014
August 27, 2019 Item #9 Page 12 of 140
·/
/
APN: 203-294-01-00
PROJECT NO. & NUMBER: SOP 2019-0002/CUP 2018-0021 -PURE PROJECT BREWERY AND TASTING ROOM
APPROVED AS TO FORM:
Dated:
5 CA 11/5/2014
August 27, 2019 Item #9 Page 13 of 140
APN: 203-294-01-00
PROJECT NO. & NUMBER: SOP 2019-0002/CUP 2018-0021 -PURE PROJECT BREWERY AND TASTING ROOM
Address: 2825 State Street
Assessor Parcel No.: 203-294-01-00
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Lot 7 and Lot 8 in Block J of town of Carlsbad, in the City of Carlsbad, according to
Map thereof No. 535, filed in the Office of the County Recorder of San Diego County,
May 2, 1888
6 CA 11/5/2014
August 27, 2019 Item #9 Page 14 of 140
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 Sao Di c3o
beforeme, Madi.son Wilc:novsk?1 Notac~ 8,bl!"e,
(insert name and title o the office
personally appeared 8: VE:, s.c 11 J'at+ecl y ,
who proved to me on the basis of satisfactory evidence to be the personN whose name~)@'~
subscribed to the within instrument and acknowle~ed to me thatQ:ie/st,e~ey executed the same in
~her/their authorized capacity(tes), and that by!b.i,$/har/th.eir signature~) on the instrument the
person('s,), 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 seal. rr==i • COMM.12289014 ! : .. ~=~t = My ExpirNOSl18/202S = ......................................
(Seal)
August 27, 2019 Item #9 Page 15 of 140
..
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 o'ao Di~ a
before me, M adj,rnn WilmoysK~. No+a~ Pub Ii e,
(insert name and title f the offi r)
personally appeared ___._~=A ........ _.,,_......,.....,_.."'-'-~----------------.......,..--
who proved to me on the basis of satisfact ry evidence to be the personts) whose name · ~e
subscribed to the within instrument and acknowledged to me that l\e,&Be/they executed the same in
'hls@lth'eir authorized capacity(las), and that by Ns~/t~ir signature($.) 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 seal.
................................... ,91 i@UADICC::.=:'" i I NOIMY PUBUC • CrAI..FOIIM !
•· SAN DIEGO COUNTY •
: My'Commlellon Explrae 05118'20IS : ......................................
(Seal)
August 27, 2019 Item #9 Page 16 of 140
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 tSaa Qi e3o
On lwgv.::d 10, 2019 before me, Mcadi.sao Wj I movi>ey. No±afrit Pv blir.
(insert name and title of the o er)
personally appeared __....._......,......___,_-LJ.. .......... '----------------------=---
who proved to me on the basis of satisfactory evidence to be the personW whose name~ · ~e
subscribed to the within instrument and acknowledged to me that ~/they executed the same in
~~/their authorized capacity~). and that by hts~/t~ir signature'(-&) on the instrument the
person(~. or the entity upon behalf of which the person('s,)_ 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. ...................................
i~
MMJIIONWILMOVaY -l2288014 I
WITNESS my hand and official seal. I . ""=C:::-1
iMr _.....,..,..; .....................................
Signature ~½2 (Seal)
August 27, 2019 Item #9 Page 17 of 140
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 ___ ..... S'--=a=a.,______.D=-a..,,,i~'-=1--"'"'------
0n ~A~{JQ..,...u ...... s ...... -t ____ :J=---.&--q...__.f/L'-"'--_ before me, ___,Hf--L-""'t ..... C_,_,70.__t'--=-Go-'-m---=-e_7-__,,'-------'--'-N_11"--=Ca_i[j__,____.._P. ...... @ ...... t.L....,i C...___
V (insert name and title of the offl'cer)
personally appeared M atf Hal I
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies}, and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) 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 seal.
Signature~ (Seal)
August 27, 2019 Item #9 Page 18 of 140