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HomeMy WebLinkAbout1996-04-23; Housing & Redevelopment Commission; Resolution 2781 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 21 2L 2f 2f 2; 21 RESOLUTION NO. 278 A.RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA DENYING THE APPEAL AND REVOKING APPROVAL OF JOINT USE PARKING AGREEMENT AND A 15% REDUCTION FOR COMMON PARKING FACIEITIES FOR TWO EXISTING RETAIL COMMERCIAL CENTERS LOCATED NORTH OF GRAND AVENUE BETWEEN ROOSEVELT STREET AND MADISON STREET IN THE VILLAGE REDEVELOPMENT AREA. APPLICANT: WILSON/MURPHY JOINT PARKING FACILITY CASE NO: APN: 203-301-5, 203-302-1, 203-182-4 WHEREAS, staff has referred a request to the Design Review Board to consider revocation of a previous approval of Joint Use Parking and a 15% parking reduction for common parking facilities for two existing commercial centers located between Grand Avenue and Madison and Roosevelt Streets; and WHEREAS, pursuant to the provisions of the Carlsbad Municipal Code, the Design Review Board, on the 7th day of February, 1996, did hold a duly noticed public hearing to consider said request on property described as: Lots 33, 34 and 35 of Seaside Lands, Map 1722 and Portions of Blocks 27 and 50 of Map 775 (and as further described in Exhibit ”A” attached hereto). WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Design Review Board considered all factors relating to the revocation of the Wilson/Murphy Joint Use Parking Facility; and WHEREAS the Design Review Board did adopt Resolution No. 245 on February 6, 1996 revoking the previous approval of the 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 18 2c 21 24 2: 2L 2E 2t 2; 21 Joint Use Parking; and WHEREAS, the project is a minor project as described in Chapter 21.35 of the Carlsbad Municipal Code and the decision set forth in Resolution No. 245 was final, except for appeal to the Housing and Redevelopment Commission; and WHEREAS, on the 20th day of February 1996 the property owner of the Murphy Center (hereinafter "appellant") appealed said decision to the Housing and Redevelopment Commission; and WHEREAS, the conditions of approval of the Joint Use Parking and the 15% parking reduction for the two commercial centers required the provision of a minimum of 181 parking spaces for joint-use parking; and WHEREAS, the conditions of approval also require the recordation-of an agreement between the two property owners for the two centers for joint parking and reciprocal parking easements providing a minimum of 181 spaces; and WHEREAS, a joint use parking facility which would provide a minimum of.181 spaces required the inclusion of appellant's smaller parking lot located at the northeast corner of Madison Street and Grand Avenue; and WHEREAS, until 1992 through 1994 the City was not aware that such joint use parking agreement was not functioning as envisioned due to the failure to include the lot at the northeast corner of Madison and Grand Avenue, said failure being as a result of neglect, inadvertence or excusable neglect; and 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 WHEREAS, until 1992 through 1994 the City was not aware that such joint use parking agreement was not functioning as envisioned; and WHEREAS, appellant engaged in activities inconsistent with the joint-use of these 181 parking spaces and would not allow joint use of the smaller parking lot on the northeast corner of Madison and Grand; and x WHEREAS, the City was not aware of this problem until such inconsistent position was expressed; and WHEREAS, the occupancy of the Murphy center has been reduced by the vacant restaurant site; and WHEREAS, the Murphy center has adequate parking for existing occupied spaces but will need to apply to the City for permits forchanges in occupancy and must provide proof of adequate parking at that time; and WHEREAS, despite numerous efforts by the City, the property owner of the smaller parking lot is not willing to correct the Joint Use Parking Agreement to include it, NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Commission of the City of Carlsbad, California, as follows: 1. That the foregoing recitations are true and correct. 2. That based on the evidence presented at the public hearings before the Design Review Board and the Housing and Redevelopment Commission, the Housing and Redevelopment 3 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 Commission hereby revokes the previous approval of the Joint Use Parking and 15% parking reduction for common parking facilities for the two existing retail commercial centers located north of Grand Avenue between Roosevelt Street and Madison Street. 3. That this action is final the date this resolution is adopted by the Housing and Redevelopment Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: "NOTICE TO APPLICANT" "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 judicial 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 of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of 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, California 92008 e PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Housing and Redevelopment Commission of the City of Carlsbad 4 on the 23rd day of APRIL 1996, by the following vote, to wit: AYES: Commissioners Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT : None ATTEST: A 8