Loading...
HomeMy WebLinkAbout1992-06-23; Housing & Redevelopment Commission; 213; St. Michael's By-the-Sea& &k--1 HWJSING AND IW-EVELOPMENT COMMISSIO-- AGENDA BILL 48#a/3 TITLE: APPROVING A REDEVELOPMENT PERMIT DEPT. HD. HTG. k-d3-~2 AND COASTAL DEVELOPMENT PERMIT CASE NAME: ST. MICHAEL'S BY-THE-SEP.CInA DEPT. CA CASE NO.: RP 92-3/CDP 92-2 e B % % 25 9 0 g c' 5 : % RECOMMENDED ACTION: If the Housing and Redevelopment Commission concurs Your action is adopt Housing and Redevelopment Resolution No. &I/ approving a Redevelopment Permit (RP 92-3) and Coastal Development Permit CDP 92-2 l ITEM EXPLANATION The City Council at your meeting of June 9, 1992 directed our office to prepare a resolution approving a Redevelopment Permit (RP 92-3 and Coastal Development Permit CDP 92-2. That document is attached. The Housing and Redevelopment Commission should satisfy itself that the findings and conditions accurately reflect your intentions in the matter. EXHIBITS Resolution No. u- 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 c RESOLUTION NO. 211 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A MAJOR REDEVELOPMENT PERMIT (RP 92- 3) AND COASTAL DEVELOPMENT PERMIT (CDP 92-2) TO ALLOW THE EXPANSION OF EXISTING STRUCTURES ON PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF CARLSBAD BOULEVARD AND CHRISTIANSEN WAY. APPLICANT: ST. MICHAEL'S BY-THE-SEA CASE NO: RP 92-3/CDP 92-2 WHEREAS, on April 29, 1992 the Carlsbad Design Review Board held a duly noticed public hearing to consider a Redevelopment Permit (RP 92-3) and Costa1 Development Permit (CDP 92-2) to allow the expansion of existing structures on property generally located on the northwest corner of Carlsbad Boulevard and Christiansen Way and adopted Design Review Board Resolutions No. 181 and 182 respectively, recommending to the Housing and Redevelopment Commission that the Redevelopment Permit (RP 92-3) and Costa1 Development Permit (CDP 92-2) be approved: and WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on June 9, 1992 held a public hearing to consider the recommendations and heard all persons interested in or opposed to RP 92-3 and CDP 92-2; and WHEREAS, a the project was exempt from environmental review per Section 15301(e) of the State of California Environmental Quality Act Guidelines. A Notice of Exemption will be issued upon project determination. NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Commission of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the above referenced project is approved 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 that the findings and conditions of the Design Review Board in Resolution No. 181 approving Redevelopment Permit RP 92-3 and Resolution No. 182 approving Coastal Development Permit CDP 92-2 on file with the City Clerk and incorporated herein by reference are the findings and conditions of the Housing and Redevelopment Commission. 3. This action of denial is final the date this resolution is adopted by the City Council. 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 . . . . . . . . . . . . . . . . . . 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 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." PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Housing and Redevelopment Commission of the City of Carlsbad on the 23rd day of JUNE 1992, by the following vote, to wit: AYES: Commissioners Lewis, Larson, Stanton, and Nygaard NOES: None ABSENT: Commissioner Kulchin ATTEST: July 10, 1992 Rev. Douglas E. Woodridge St. Michael’s By-The-Sea Episcopal Church 2775 Carlsbad Boulevard Carlsbad, CA 92008 RE: RP 92-3/CDP 92-2 - St. Michael’s By-The-Sea The Carlsbad Housing and Redevelopment Commission, at its meeting of June 23, 1992, adopted Resolution No. 211, approving a major redevelopment permit (RP 92-3) and a coastal development permit (CDP 92-2) to allow the expansion of existing structures on property located on the northwest corner of Carlsbad Boulevard and Christiansen Way. Enclosed for your records is a copy of Resolution No. 211. Assistant City Clerk Enc. 1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 l (619) 434-2808 @ 1. SITE IT - DON’T SAY . i! To File From Isabelle Date August 5, 0 Reply Wanted q No Reply Necessary 19 92 The original agreement was sent to the County Recorder for recordation as instructed in Resolution No. 92-236 on August 5, 1992. AIGNER FORM NO. 55432 PRlNTED IN U5A .- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Carlsbad i 1200 Carlsbad Village Drive ) Carlsbad, CA 92008 1 ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURE.> BUILT OVER PUBLIC RIGHT OF WAY This ENCROACHMENT AGREEMENT (t@Agreementfl) is entered int *between the CITY OF CARLSBAD (IICitytt) and the parish of St Michaels-by-the-Sea Episcopal Church in Carlsbad, a non-profi corporation, (ItOwnertl), in accordance with Chapter 11.16 of thl Carlsbad Municipal Code. 1. The Property. Owner is the owner of that certain rea property located at 2715 Carlsbad Boulevard, within the City o Carlsbad, San Diego County, California, Assessorls Parcel Numbe 203-143-01, and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. 2. The Easement. City currently owns an existing easemen' over, under, and across Owner's property for street purposes whit: easement is described as Beech Avenue as dedicated on Map 535. 3. The Encroachment. City hereby covenants and agrees an grants its permission to Owner to maintain the existing storage shed. A plat showing the location of the encroachment is attachec as Exhibit ItBrl attached hereto and incorporated by reference. Agreement is subject to the following terms and conditions: (A) The encroachment shall be installed and maintained in a safe and sanitary condition at the sole cost, risk, and responsibility of the owner and its successors in interest. (B; The Owner shall agree at all times to indemnify and hold the City free and harmless from any and all claims, demands, losses, damages, or expenses resulting from the construction, maintenance, use, repair or removal of the structure installed hereunder, including any loss, damage, or expense arising out of (1) loss or damages to property and (2) injury to or death of persons. (Cl The Owner must remove or relocate any part of the encroachment within ten (10) days or such other time as specified in the notice after receipt of it from the City Engineer, or the City Engineer may cause such work to be done and the reasonable cost thereof shall constitute a lien upon the property. Thi: AGREEMENTS/AC-11A.FRM 1 REV 6/S/9 (D) Whatever rights and obligations were acquired by the City with respect to the right-of-way and easement shall remain and continue in full force and effect and shall in no way be affected by City's grant of permission to construct and maintain the encroachment ,structure. 4. Entire Asreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all other agreements, oral or written, between the parties with respect to the subject matter. 5. Notices. Any notice which is required or may be given pursuant to this Agreement shall be sent in writing by United States mail, first class, postage pre-paid, registered or certified with return receipt requested, or by other comparable commercial means and addressed as follows: If to the City: If to the Owner: City of Carlsbad St. Michaels Episcopal Church 2075 Las Palmas Drive 2775 Carlsbad Boulevard Carlsbad, CA 92009-4859 Carlsbad, CA 92008 which addresses may be changed from time to time by providing notice to the other party in the manner described above. 6. Waiver. City's consent to or approval of any act or omission by Owner shall not constitute a waiver of any other default by Owner and shall not be deemed a waiver or render unnecessary City's consent for approval to any subsequent act by Owner. Any waiver by City of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of the Agreement. 7. Successors and Assisns. This Agreement shall be binding and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns. Owner agrees to incorporate this agreement by reference in any subsequent deeds to the property, but any failure to do so does nor invalidate this provision. AGREEMENTS/AC-llA.FRM 2 REV 6/S/91 I 8. Canacitv. Each party represents that the person(s executing this Agreement on behalf of such party have the authorit to execute this Agreement and by such signature(s) thereby bin such party. IN WITNESS Agreement on this ATTEST ALETHA L. RAUTENKRANZ City Clerk Mayor h.- - _. ---__ -----~. -_ .- --- . STATE OF CALIF &A Die o , COUNTY OF 9 ‘I 1 Ona 6 1993 , before me, the undersigned, a Notary Public in and for said Slate, personally appeared **Georqe E. Kinney, Jr.** personally known to me (or proved to me on the basis of I satisfactory evidence) to be the person(s) whose name(s)’ is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same. t SF-423.4 (REV. A. 7/82) (CA) (IN ‘hJAL) d AGREEMENTS/AC-llA.FRM NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN ‘I -. (This area for official notarial seal) , . .: rLORsTAMP REV 6/5/9’ . EXHIBIT "A" LEGAL DESCRIPTION THE SOUTHEASTERLY 50 FEET OF THE PORTION OF BLOCK 6 IN THE TOWN OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 535, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 2, 1888, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID BLOCK 6, BEING THE INTERSECTION OF BEECH AVENUE AND LINCOLN STREET; THENCE RUNNING SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF BEECH AVENUE 150 FEET; THENCE AT RIGHT ANGLES SOUTHEASTERLY 150 FEET; THENCE AT RIGHT ANGLES NORTHEASTERLY 150 FEET TO THE SOUTHWESTERLY LINE OF LINCOLN STREET; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF LINCOLN STREET TO THE POINT OF BEGINNING. DRAW I I - P’LAT OF PROJECT - CARLSBAD BLVD. AREA OF ENCROACHMENT 40’ I < CURB TO CURB DISTANCE Y 80’ RIGHT-OF-WAY SIDEWALK +N !O' EXISTING HOUSE I El i0JEC-r NAME ST. MICHAEL’S BY THE SEA PROJECT EXHIBIT AT 2715 CARLSBAD BLVD. NUMBER PR 4.58 B 3y: SC011 EVANS, CARLSJAD ENGINEERING DEPT.