HomeMy WebLinkAbout2002-01-22; Housing & Redevelopment Commission; Resolution 3501
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HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO.=
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION
LIEU FEE PROGRAM PARTICIPATION AGREEMENT BETWEEN THE
COMMISSION AND BUTLER PROPERTIES, LLC., PROPERTY OWNER, FOR
THE PROJECT KNOWN AS FISH HOUSE VERA CRUZ LOCATED AT 417
REDEVELOPMENT AREA.
OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A PARKING IN-
CARLSBAD VILLAGE DRIVE, APN:203-296-07, IN THE VILLAGE
WHEREAS, on January 5, 1993, the Housing and Redevelopment Commission approved
I Major Redevelopment Permit (No. 92-10) and Coastal Development Permit (92-08) to allow
3utler Properties, LLC., formerly referred to and known as Fish House Foods, Inc. , Property
IwnerlDeveloper, to construct a 3346 square foot restaurant and retail fish market on property
ocated at 417 Carlsbad Village Drive (Assessor Parcel # 203-296-07) within the Village
kdevelopment Area of the City of Carlsbad; and
WHEREAS, as a condition of approval of Major Redevelopment Permit 92-10 and
Zoastal Development Permit 92-08, the Commission and Property OwnerlDeveloper agreed to
mter into an agreement to allow the Property OwnerlDeveloper to satisfy a portion of the project
mking requirement (11 spaces) through a public parking sublease agreement which was
lpproved on December 14,1993; and
WHEREAS, the subject Public Parking Sublease Agreement had a five year term which
:xpired in December, 1998 and requires renewal, or satisfaction of the required eleven (11)
larking spaces through an alternate means, in order for Butler Properties, LLC to continue
lperations of the subject restaurant and retail fish market; and
WHEREAS, the Property OwnerlDeveloper has requested, and the subject property is
:ligible, to participate in the recently established Parking In-Lieu Fee Program to satisfy the
:leven (11) space parking requirement which was the subject of the recently expired Public
'arking Sublease Agreement; and
Ill
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WHEREAS, by execution of the subject Parking In-Lieu Fee Program Participation
igreement, the property ownerldeveloper agrees to pay the established Parking In-Lieu Fee for a
.otal of eleven (11) parking spaces to satisfy approximately forty percent (40%) of the on-site
larking requirement for the approved restaurant and retail fish market located at 417 Carlsbad
Village Drive within the Village Redevelopment Area of the City of Carlsbad; and
WHEREAS, the Commission finds that the subject property and project has qualified to
larticipate in the Carlsbad Redevelopment Agency’s Parking In-Lieu Fee Program and
larticipation in the program will satisfy a maximum of approximately 40% of the parking
.equirements for the subject restaurant and retail fish market on the noted property at 417
3arlsbad Village Drive; and
WHEREAS, the Commission has determined that the subject project is consistent with
he goals and objectives of the Village Master Plan and Design Manual, and the land use is
:omistent with the land use district in which the property is located; and
WHEREAS, the Commission has previously determined that there is adequate public
jarking available within the Village Redevelopment Area to accommodate a portion of the
Iubject project’s parking demands; and
WHEREAS, the Parking In-Lieu Fee Program is in full force and effect as of the date of
his Parking In-Lieu Fee Participation Agreement.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and
Cedevelopment Commission of the City of Carlsbad as follows:
1. The above recitations are true and correct.
2. That the Housing and Redevelopment Commission hereby approves the Village
Parking In-Lieu Fee Participation Agreement between the Commission, on behalf of
the Carlsbad Redevelopment Agency, and Butler Properties, LLC, property owner and
developer of the project known as Fish House Restaurant and Fish Market which was
previously constructed at 417 Carlsbad Village Drive, in the Village Redevelopment
Area of the City of Carlsbad.
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3. That with participation in the Parking In-Lieu Fee Program for a total of eleven (11)
spaces, the Commission agrees that the parking conditions for RP 92-10 and CDP 92-
08 have been duly satisfied by the property owner/developer.
4. That the Chairperson of the Housing and Redevelopment Commission 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.
5. That the City of Carlsbad Finance Director is hereby authorized to transfer any
applicable credit for previously remitted parking lease payments by Butler Properties
since July 1, 1999 from the Redevelopment Agency Operation Fund to the
Redevelopment Agency Parking Fund, and to deposit the balance of the Parking In-
Lieu Fee to be remitted by Butler Properties per said approved agreement into the
Redevelopment Agency Parking Fund.
PASSED, APPROVED AND ADOPTED at a special meeting of the Housing
and Redevelopment Commission of the City of Carlsbad, on the 22nd day of JANUARY ,
2002 by the following vote, to wit:
AYES: Commissioner Members Lewis, Kulchin, Finnila, Nygaard
NOES: None n
1) ATTEST:
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