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HomeMy WebLinkAbout1998-09-28; Design Review Board; Resolution 2621 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DESIGN REVIEW BOARD RESOLUTION NO. 262 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING DENIAL OF A REQUEST TO ALLOW THE PROPERTY OWNER OF OLD WORLD CENTER TO PAY A MONTHLY FEE FOR THE PROVISION OF PUBLIC PARKING TO SATISFY A PARKING OBLIGATION OF 11 PARKING SPACES FOR THE EXISTING RESTAURANT SPACE AT OLD WORLD CENTER LOCATED AT 630 GRAND AVENUE IN LAND USE DISTRICT 1 OF THE VILLAGE REDEVELOPMENT AREA. CASE NAME: OLD WORLD CENTER PARKING APN: 203-30 1-05 AND 203-302-0 1 WHEREAS, Michael Murphy “Applicant” has filed a request with the Housing and Redevelopment Agency of the City of Carlsbad regarding property owned by Applicant, known as Old World Center and described as Lots 1,2, 3,4, 13, 14, 15 and 16 in Block 37, City of Carlsbad, County of San Diego, State of California, according to Seaside Lands Map No. 1722 on file in the Office of the County Recorder of San Diego County; and Lot 1 in Block 50, City of Carlsbad, County of San Diego, State of California, according to the Seaside Lands Map No. 1722 on file in the office of the County Recorder of San Diego (“the property); and WHEREAS, on September 24, 1980, the applicant origmlly received approval of a joint use parking facility agreement with the adjoining Wilson Retail (Roosevelt) Center and a 15% reduction in the parking requirement to allow the addition of a 4200 square foot restaurant within the Old World Retail Center; and WHEREAS, on February 7, 1996, the Design Review Board revoked the previous approval to allow the joint use parking and 15% parking reduction due to the fact that the applicant was not complying with the conditions of the previous approval; and WHEREAS, the applicant has a need to provide additional parking which amounts to eleven (1 1) parking spaces total to allow for full use of the existing 4200 square foot restaurant space; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, said request is in response to the need by the Applicant to meet the subject par- obligation of eleven (1 2) spaces; and WHEREAS, the Design Review Board did, on tbe 28th day of September, 1998, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Board considered all factors relating to said request for a parking agreement. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Design Review Board RECOMMENDS DENIAL of the request for an agreement with the City of Carlsbad/Redevelopment Agency to allow for the Applicant to pay a monthly fee for the provision of 11 public parking spaces to satisrjr the off-street parking obligation for restaurant space within the Old World Center building located at 630 Grand Avenue. FINDINGS: 1. The Design Review Board finds that the parking agreement proposed by the Applicant is not an acceptable solution at this time to address the parking shortage for Old World Center due to pending actions to implement a new Parking In-Lieu Fee Program for the Village Redevelopment Area- 2. The Design Review Board finds that there are not adequate assurances at this time that the applicant would remain in compliance with the proposed parking agreement in the long term. ... ... ... ... ... DRB RESO. NO. 262 PAGE 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. The Design Review Board finds that the Applicant has already received approval to lease nearly seventy-five percent (3100 square feet) of the existing restaurant space within Old World Center without the need for the proposed parking agreement and will not suffer undue hardship as a result of this denial of the request for a parking agreement. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of the City of CarIsbad, California, held on the 28th day of September, 1998 by the following vote to wit: AYES: NOES: ABSENT ABSTAIN: Board Members: Marquez, Savary, Marois & Forsyth, Jr. Board Member: Compas. None, None. Design Review Board ATTEST: DEBBIE FOUNTAIN Housing and Redevelopment Director DRB RESO. NO. 262 PAGE 3