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HomeMy WebLinkAbout1998-12-01; Housing & Redevelopment Commission; Resolution 303111 4’ 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 0 a HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION N( A RESOLUTION OF THE HOUSING AND REDEVELOPMEN COMMISSION OF THE CITY OF CARLSBAD, CALIFORNI, DENYING A REQUEST TO ALLOW THE PROPERTY OWNER OF OL: WORLD CENTER TO PAY A MONTHLY FEE FOR THE PROVISIO‘ OF PUBLIC PARKING TO SATISFY A PARKING OBLIGATION OF 1 PARKING SPACES FOR THE EXISTING RESTAURANT SPACE A OLD WORLD CENTER LOCATED AT 630 GRAND AVENUE IN LAN USE DISTRICT 1 OF THE VILLAGE REDEVELOPMENT AREA. CASE NAME: OLD WORLD CENTER PARKING APN: 203-301-05 AND 203-302-01 WHEREAS, Michael Murphy “Applicant” has filed a request with the H Redevelopment Agency of the City of Carlsbad regarding property owned by Applicant, la World Center and described as Lots 1,2, 3,4, 13, 14, 15 and 16 in Block 37, City of Carlsbad San Diego, State of California, according to Seaside Lands Map No. 1722 on file in the 0 County Recorder of San Diego County; and Lot 1 in Block 50, City of Carlsbad, County of State of California, according to the Seaside Lands Map No. 1722 on file in the office of Recorder of San Diego (“the property”); and WHEREAS, on September 24, 1980, the applicant originally received approv use parking facility agreement with the adjoining Wilson Retail (Roosevelt) Center and a 15% 1 the parking requirement to allow the addition of a 4200 square foot restaurant within the Old V Center; and WHEREAS, on February 7, 1996, the Design Review Board revoked tl approval to allow the joint use parking and 15% parking reduction due to the fact that the ay not complying with the conditions of the previous approval; and WHEREAS, the applicant has a need to provide additional parking which eleven (1 1) parking spaces total to allow for full use of the existing 4200 square foot restaurant WHEREAS, said request for a parking agreement is in response to the I Applicant to meet the subject parking obligation of eleven (1 1) spaces; and 1 -t 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 a 0 WHEREAS, the Design Review Board did, on the 28th day of September, l! duly noticed public hearing as prescribed by law to consider said request and subsequen Design Review Board Resolution No. 262, recommending to the Housing and Red Commission that the request for a parking agreement be denied; and WHEREAS, the Housing and Redevelopment Commission of the City of Car duly noticed public hearing to consider the recommendations and heard all persons inter opposed to the subject request, and WHEREAS, at said public hearing, upon hearing and considering all tes arguments, if any, of persons desiring to be heard, said Commission considered all factors rel; request for a parking agreement. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Housing and Red Commission of the City of Carlsbad as follows: 1. That the foregoing recitations are true and correct. 2. That based on the evidence presented at the public hearing, i arguments of Council, and after careful consideration of the Housing and Redevelopment Commission does hereby DEP prejudice the request for an agreement with the CarlsbadiRedevelopment Agency to allow for the Applicant to pa. fee for eleven (1 1) public parking spaces to satisfy the off-str obligation for restaurant space within the Old World Center builc at 630 Grand Avenue, provided, however, the applicant may reconsideration of its application if the Housing and Rec Commission has not considered the village parking in-lieu fee pro six (6) months of this action. 3. The findings set forth in Design Review Board Resolution No. 1 on September 28, 1998, are incorporated by reference and findings of the Housing and Redevelopment Commission su action. 4. This action is final the date this resolution is adopted by the I Redevelopment Commission. The provisions of Chapter 1.16 of I Municipal Code, “Time Limits on Judicial Review” shall apply. 2 c 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 0 0 “NOTICE TO APPLICANT” This action is final the date this resolution is adopted by the City Council. The provision 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: “The time within which judicial review of this decision must bc governed by Code of Civil Procedure, Section 1094.6, which has applicable in the City of Carlsbad by Carlsbad Municipal Code Chapte petition or other paper seeking judicial review must be filed in the court not later than the ninetieth day following the date on which tl becomes final; however, if within ten days after the decision becc request for the record of the proceedings accompanied by the requirel an amount sufficient to cover the estimated cost of preparation of suck time within which such petition may be filed in court is extended to ni the thirtieth day following the date on which the record is either delivered or mailed to the party, or his attorney of record, if he has on request for the preparation of the record of proceedings shall be fil City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad 92008.” PASSED, APPROVED, AND ADOPTED at a meeting of the H Redevelopment Commission of the City of Carlsbad, California, held on the 1st day of Decer by the following vote to wit: AYEs: Commissioners Lewis, Nygaard, Finnila & Kulchin NOES: Commissioner Hall ABSENT: None ABSTAIN: None - b ATTEST: 3