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Home My WebLink About1986-02-18; Housing & Redevelopment Commission; Resolution 60I ,I n a mca 38 <$ rn g-42 zozu e:zg E3.a ,>io 01 owa zwod omym WZQQ q ; >-o t 0 1 2 3 4 5 6 7 a 9 IO 11 12 13 14 15 16 1'7 18 19 I 20 21 22 23 24 25 26 27 28 7 0 RESOLUTION NO. 060 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD CALIFORNIA GRANTING THE APPEAL AND APPROVING AN AMENDMENT TO REDEVELOPMENT PERMIT 84-3 AND A REDEVELOPMENT PERMIT/CONDITIONAL USE PERMIT TO ALLOW A RESTAURZ! WITH A LIQUOR LICENSE IN SPACE PREVIOUSLY DESIGNf FOR RETAIL USE AT THE CARLSBAD INN CASE NO. RP/CUP 84-3(A) WHEREAS, the Housing and Redevelopment Commissior City of Carlsbad at their meeting of January 28, 1986, he: appeal of a decision by the Design Review Board to deny RI 84-3(A) an amendment to Redevelopment Permit 84-3 for the Carlsbad Inn project to permit a restaurant with a liquor in space previously designated for retail use, and WHEREAS, at the hearing it was represented that 1 Design Review Board and staff had found the applicant to 1 compliance with all requirements of the Redevelopment plar regards to the proposed restaurant and that the project wc have otherwise been recommended for approval, except for 4 of sufficient onsite parking spaces necessary to bring tht project into compliance with the redevelopment plan and tl Carlsbad Municipal Code, and WHEREAS, at the hearing, the applicant acknowled! shortage of 'parking spaces and volunteered that in return approval of the permit, he would agree to meet the parkinc requirement by not constructing any of the remaining 72 condominium units approved for the site, thereby, reassigl parking in the underground structure constructed to serve units to meeting the need for the restaurant. The appli, assumed responsibility and promised to provide an additio : 2' I !! 7 0 0 Q m sg gs 8 g-LL'>z zosg 0:s.- "la,$ LL 'do %ZOCi oazm ow4 wzo4 - :; ; >o I- o - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I ~ 19 20 21 22 23 24 25 26 27 28 23 parking spaces by the acquisition of property in the ir vicinity of the project or by some other means satisfacto~ the City Council. Finally, the applicant agreed that if . additional parking could not be provided, he would at his either remove the restaurant or redesign the project and eliminate a sufficient number of condominium units, so thc project including the restaurant would meet the City's pal standards for the project as required by the City Council, WHEREAS, the applicant has, in writing acknowledc correctness of these recitals and has agreed to be bound 1 of the terms and conditions of this resolution and has ex1 waived any vested rights to complete the condominium projc may have arisen from the construction accomplished to date WHEREAS, the City Council in reliance on the app: promises that the parking deficiency will be remedied has determined that the appeal should be granted and that the amendment to Redevelopment Permit 84-3, and the redevelopn permit and conditional use permit for a restaurant with a license for the Grunion Run restaurant in a space previous designated as retail should be approved subject to the ter conditions of this resolution. i ~ NOW, THEREFORE BE IT RESOLVED by the Housing and Redevelopment Commission of the City of Carlsbad as folloh 1 . That the above recitals are true and correct constitute the findings of the Commission on this matter. 2. That based on the Commission's findings, the of the Design Review Board's decision to deny an amendment redevelopment permit 84-3 is hereby granted. The amended !I -2- j/ 7 0 I/ 1 and conditions: 4 for retail use is hereby approved subject to the followin 3 a restaurant with a liquor license in space previously de: 2 redevelopment permit 84-3(A) and conditional use permit tc A. This permit shall be valid for one year. Pr 5 6 7 8 9 10 11 12 rn m 13 38 g2 8 ~C~LL 15 UV";i do 5Ln wzoa 16 go y '5 5 17 19 1 0 a gLL3z OWa 14 zpg oaYm t.0 t 0 18 20 21 22 23 its expiration date, the matter shall be returned to the and Redevelopment Commission. If the Commission determin the parking requirements have been satisfied and that the applicant has provided sufficient parking to allow the pr including the restaurant, to operate without any adverse circulation or parking effects on the surrounding propert then the permit may be extended by the Commission for a t the Commission considers appropriate. In making that dec the Commission may add any additional conditions of appro they determine necessary, to implement the traffic and pa study currently ongoing for the redevelopment area. If t permit is not extended, the restaurant shall be permanent removed and the space returned Lo retail uses. B. The applicant shall use his best efforts to that employees at the project do not utilize the parking or the street parking in the immediate vicinity of the ,or but take advantage of public parking areas located elsewh the redevelopment area. 24 26 units to be constructed on the site pursuant to redevelog 25 C. Building permits for the remaining 72 condon adequate parking to serve the project including the rest: 27 permit 84-3 shall not issue until the City Council finds 28 has been 9rovided by the applicant. II -3- - e 1 D. This permit is issued in reliance on the 2 5 marked Exhibit "A" to Resolution No. 060 , attached hereto 4 recitals of this resolution as accepted by him in the lette 3 representations made by the applicant as contained in the applicant shall promptly remove the restaurant. 7 has not kept his promises, then this permit shall be void a 6 made a part hereof. If the City Council finds that the app 8 PASSED, APPROVED AND ADOPTED at a regular meeting 9 the following vote to wit: 11 California held on the 18th day of February 198f 10 Housing and Redevelopment Commission of the City of Carlsbe 12 AYES: Commissioners Casler, Lewis, Kulchin, Chick and Pet m 2 g1.3z gs>o ,tau- I-&=? "OF2 MARY H.&ASLER, Chair sg 13 NOES : None g2 8 205 uvrl; 15 c#Lw J &,& z 00 16 zo s > 5 2 17 ATTEST: ow5 14 ABSENT : None >o 5 18 19 Ae &T*<MFerk 20 1 (SEAL) 21 22 23 24 25 26 27 28 -4- )G, 'J w v tAbtl .. :. CITY OF CARLSBAD VINCENT F. BIONDO, JR. CITY AnORNEY 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008-1989 (61 9) 438-5531 I DANIEL S. HENTSCHKE ASSISTANT CITY ATTORNEY February 3, 1986 Mr. Jim Watkins, President Winner's Circle P. 0. Box 1489 Del Mar, California 92014 Re: Carlsbad Inn Amendment to Redevelopment Permit - Grunion Run Restaurant Dear Mr. Watkins: The Housing and Redevelopment Commission of the City of Carlsbad after their meeting of January 28, 1986, indica1 their intention to grant your appeal of the above referenced permit and instructed our office -to prepare tl necessary documents. Enclosed is a copy of the resolutic in that regard. Please carefully review the recitals of the resolution and 'the terms and conditions for your permit. We ask that you sign and return the enclosed COI of this letter properly executed on behalf of the owners the project indicating your agreement to the following: (1) that the recitals in the resolution are true and correct and accurately reflect the promises you ha1 made to the City of Carlsbad, (2) that you agree to be bound by the terms and conditions of the permit. (3) that you waive any vested rights to complete the remaining 72 condominium units that you may have otherwise acquired by the construction accomplishel to date on the project. +, 't !. w : -. rn " (4) that prior to the one year expiration date of the permit, you will have complied with all of the terr and conditions of that permit, including but not limited to: a. The acquisition of 23 additional parking space: within a reasonable distance from your project, b. If such additional parking cannot be acquired 1 the satisfaction of the City Council, you will eitl convert the restaurant back to retail space or redesign the project to reduce the number of remair ' condominium units, as the City Council determines necessary to ensure that adequate onsite parking ir available for the existing project, including the Grunion Run Restaurant , If you have any questions or concerns please give me a ci As soon as we have received an executed copy of the enclosed letter we will attach it to the resolution and place the matter on the agenda for consideration by the Housing and Redevelopment Commission. Very truly yours8 VINCENT F, BIONDO8 JR. City Attorney Winner's Circle and the Carlsbad Inn agree with the above except that Winner's Circle believes that Item 3 should p vide that we waive any vested rights to complete the 72 u until the parking requirements are satisfied. \ L. ad i qme) w, &*<. enclosures -2-