HomeMy WebLinkAbout2004-06-15; Housing & Redevelopment Commission; 367; Kent Jesse office building parking in-lieu feeHOUSING AND REDEVELOPMENT COMMISSION
AGENDA BILL
iB# 367
JITG. 6-15-04
TITLE: DEPT. HD.
PARKING IN-LIEU FEE PROGRAM PARTICIPATION
AGREEMENT FOR 2815 JEFFERSON STREET - KENT
-
JESSE OFFICE BUILDING IEPT. HlRED
RECOMMENDED ACTION:
That the Housing and Redevelopment Commission ADOPT Resolution No. 386 I APPROVING a Parking In-Lieu Fee Program Participation Agreement between the Commission and
W. Kent Jessee and Associates, property owner, for the project known as the Kent Jesse Office
Building at 281 5 Jefferson Street.
ITEM EXPLANATION
On June 8, 1999, the Housing and Redevelopment Commission approved Resolution No. 309 authorizing
implementation of the parking programs as set forth by staff in the Parking in the Carlsbad Village
Redevelopment Area Report, including the Village Parking In-Lieu Fee Program. The fee of $1 1,240 per
parking space for participation in the Village Parking In-Lieu Fee Program was established by the
Commission on June 8, 1999. With the Commission’s determination on June 8, 1999 that there is
adequate public parking to accommodate additional private development, and by setting the fee for the
program, the Village Parking In-Lieu Fee Program became fully effective as of June 8, 1999. Subsequently,
on August 17, 1999, the Commission took action to amend the participation requirements for the Parking
In-Lieu Fee Program to allow for greater participation for properties located immediately adjacent to a
public street where the centerline of the street is within the 600 foot radius of an existing public parking
facility.
On April 1 , 2003, the Housing and Redevelopment Commission approved Major Redevelopment Permit No. 02-02. The project approved by the subject redevelopment permit is known as the Kent Jessee Office
Building and represents a 10,490 square foot commercial office building to be located at 2815 Jefferson
Street in the Village Redevelopment Area. As part of the project approval, the Commission approved
participation in the Village Parking In-Lieu Fee Program to allow the project to meet a portion of its parking
requirement totaling four (4) parking spaces. Condition No. 19 of the approving resolution requires the
property owner to enter into a Parking In-Lieu Fee Participation Agreement with the Housing and
Redevelopment Commission, and to pay the established Parking In-Lieu Fee for four (4) parking spaces
prior to the issuance of the building permit for the Project. The fee required to be paid is the sum total of
the fee per parking space in effect at the time of building permit issuance times the number of parking
spaces needed to satisfy the project’s parking requirement. At this time, the fee is $11,240 per parking
space. With a requirement to pay the fee for four (4) spaces total, the property will be obligated to pay a
total of $44,960 at this time.
The attached Parking In-Lieu Fee Participation Agreement has been executed by the property owner and
is now presented for review and action by the Housing and Redevelopment Commission.
STAFF RECOMMENDATION
Staff is recommendina that the Housing and Redevelopment Commission approve the attached Parking
In-Lieu Fee Participacon Agreement which will allow the property owner at 2815 Jefferson Street to pay a
fee to satisfy a portion of the parking requirements for the previously approved 10,490 square foot
commercial office building currently known as the Kent Jessee Office Building.
AB #367
FISCAL IMPACT
The current Village Parking In-Lieu Fee is $1 1,240 per required parking space to be provided off-site. With
a requirement to pay for four (4) parking spaces, the total revenue to the Carlsbad Redevelopment Agency
Parking Fund will be $44,960.
EXH IBlTS
1. Housing and Redevelopment Commission Resolution No. 386 , APPROVING a
‘Parking In-Lieu Fee Participation Agreement between the Commission and W. Kent Jessee and
Associates, property owner at 281 5 Jefferson Street in the Village Redevelopment Area. 2. Parking In-Lieu Fee Participation Agreement between the Commission and W. Kent Jessee and
Associates.
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HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 386
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA
PARTICIPATION AGREEMENT BETWEEN THE COMMISSION
AND W. KENT JESSEE AND ASSOCIATES, PROPERTY OWNER,
FOR THE PROJECT KNOWN AS THE KENT JESSEE BUILDING
REDEVELOPMENT AREA.
APPLICANT: KENT JESSEE OFFICE BUILDING
APPROVING A PARKING IN-LIEU FEE PROGRAM
AT 2815 JEFFERSON STREET, APN: 203-110-29, IN THE VILLAGE
CASE NO: RP 02-02
WHEREAS, on February 24,2003, the City of Carlsbad Design Review Board held a duly
noticed public hearing to consider a Major Redevelopment Permit (RP 02-02) for the construction
of a 10,490 square foot office building on property located at 28 15 Jefferson Street, and adopted
Design Review Board Resolution No. 291 recommending to the Housing and Redevelopment
Commission that Major Redevelopment Permit (RP 02-02) be approved; and
WHEREAS, on April 1, 2003, the Housing and Redevelopment Commission approved a
Major Redevelopment Permit (No. 02-02) to allow W. Kent Jessee and Associates, Property
OwnerDeveloper, to construct a 10,490 square foot commercial office building on property
located at 2815 Jefferson Street (Assessor Parcel # 203-110-29) within the Village
Redevelopment Area of the City of Carlsbad; and
WHEREAS, as a condition of approval of Major Redevelopment Permit 02-02, the
Commission and Property OwnerDeveloper agreed to enter into an agreement to allow the
Property OwnerDeveloper to participate in the Village Redevelopment Parking In-Lieu Fee
Program to satisfy a portion of the on-site parking requirement for the subject project; and
HRC RES0 NO.
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WHEREAS, the Property Owner/Developer has agreed, by acceptance of the project
2onditions of approval, to pay the established Parking In-Lieu Fee for a total of four (4) parking
spaces to satisfy a portion of the on-site parking requirement for the approved office project
located at 28 15 Jefferson Street within the Village Redevelopment Area of the City; and
WHEREAS, the Commission finds that the subject property and project has qualified to
participate in the Carlsbad Redevelopment Agency’s Parking In-Lieu Fee Program and
participation in the program will satisfy a maximum of four (4) of the required parking spaces for
the subject office project on the noted property at 2815 Jefferson Street; and
WHEREAS, the Commission has previously determined that the proposed project is
consistent with the goals and objectives of the Village Master Plan and Design Manual; and
WHEREAS, the Commission has previously determined that there is adequate public
parking available within the Village Redevelopment Area to accommodate a portion of the
subject project’s parking demands; and
WHEREAS, the Parking In-Lieu Fee Program is in full force and effect as of the date of
this Parking In-Lieu Fee Participation Agreement.
NOW, THEREFORE, BE IT HEREBY 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 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 W. Kent Jessee and Associates, property
owner and developer of the project known as the Kent Jessee Office Building which
HRC RES0 NO. 386
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is to be constructed at 28 15 Jefferson Street, in the Village Redevelopment Area of the
City of Carlsbad.
3. 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.
PASSED, APPROVED, AND ADOPTED at a meeting of the
Housing and Redevelopment Commission of the City of Carlsbad, California, held on the 15th
dayof June , 2004 by the following vote to wit:
AYES:
NOES: None
Commissioners Lewis, Finnila, Kulchin, Hall and Packard
ABSENT: None
ABSTAIN: None
CLAUDE L. LEWIS, CHAIRMAN
ATTEST:
RAYMOND R. PATCHETT, SECRETARY
HRC RES0 NO. 386 PAGE 3
EXHIBIT 2
Parking In-Lieu Fee Participation Agreement
between the Housing and Redevelopment
Commission and W. Kent Jessee
DOC # 2004-058667
JUN 23, 2004 4:25 PPI
RECORDING REQUESTED BY:
City of Carlsbad
WHEN RECORDED MAIL TO:
OFFICIFlL RECORDS SflN DIEGO COUNTY RECORDER'S OFFICE GWGOHY J. SMITH9 COUMY RECCIRDER FEES: 0.00
Carlsbad Redevelopment Agency
1200 Carlsbad Village Drive
Carlsbad, California 92008
(Space above for Recorder's Use)
CITY OF CARLSBAD
HOUSING AND REDEVELOPMENT COMMISSION
PARTICIPATION AGREEMENT
PARKING IN-LIEU FEE PROGRAM
w
THIS PARTICIPATION AGREEMENT ("Agreement") is entered into this /7 day
of r- J- , 2004, by and between the CARLSBAD HOUSING AND REDEVELOPMENT
COMMISSION, a body corporate and politic (hereinafter referred to as the "Commission"), and W. Kent
Jessee, property owner, (hereinafter referred to as the "Program Participant"), is made with reference to
the following:
RECITALS
A. Program Participant is the owner of certain real property located at 2815 Jefferson Street
(A€": 203-110-29) in the City of Carlsbad, County of San Diego, State of California, described in
"Attachment A", which is attached hereto and incorporated herein by this reference, and which is the
subject of a Major Redevelopment Permit (RP 02-02), which provides conditional approval of a 10,490
square foot professional office building ("Project") on the subject property.
B. Condition No. 19 of approved Design Review Board Resolution No. 291 states that this
Parking In-Lieu Fee Program Participation Agreement shall be entered into between the Commission and
the Program Participant prior to the issuance of a building permit for the subject Project. Design Review
Board Resolution No. 291 provides that the Program Participant pay a Parking In-Lieu Fee for a total of
four (4) parking spaces which in effect purchases parking credits from the Carlsbad Redevelopment
Agency. The Program Participant shall pay the approved Parking In-Lieu Fee (per parking space) in
effect at the time of building permit issuance to satisfy a portion of the parking requirement for the
subject Project according to the requirements set forth in this Agreement.
NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual
covenants contained herein, the parties agree as follows:
1. THE RECITALS ARE TRUE AND CORRECT.
7 2/26/99
2. SATISFACTION OF ON-SITE PARKING REQUIREMENTS THROUGH THE
PAYMENT OF PARKING IN-LIEU FEE.
(a) Performance under this Agreement satisfies the Program Participant's obligation for
providing four (4) on-site parlung spaces for the land covered by Major Redevelopment
Permit No. 02-02 by reason of the Housing and Redevelopment Commission approvals of
Major Redevelopment Permit 02-02, including Condition No. 19 listed in Design Review
Board Resolution No. 291.
(b) The Program Participant shall pay the Parking In-Lieu Fee for a total of four (4) parking
spaces as established by the Commission, and, as required by Condition No. 19 of Design
Review Board Resolution No. 291, the fee shall be paid prior to the Program Participant
receiving a building permit for the subject Project. The fee shall be the sum total of the fee
per parking spaces needed (4) to satisfy the Project's parking requirement.
(c) The Program Participant shall have no right to designated parlung spaces within the public
parking lots located within the Village Redevelopment Area, or at any other location within
the City of Carlsbad, nor shall the Program Participant have exclusive use of any public
parking spaces. Through participation in the subject Parlung In-Lieu Fee Program, the
Program Participant agrees to assist the Carlsbad Redevelopment Agency in funding the
provision of existing, and/or the provision of new, off-street public parking spaces within the
Village Redevelopment Area of the City of Carlsbad. The Commission has approved Major
Redevelopment Permit 02-02 conditioned upon the Program Participant's payment of a
Parking In-Lieu Fee for a total of four (4) parking spaces.
3. REMEDIES
Failure by the Program Participant to perform in accordance with this Agreement will constitute
failure to satisfy the requirements of Chapter 21.35 of the Carlsbad Municipal Code, the Village Master
Plan and Design Manual, and Condition No. 19 of Design Review Board Resolution No. 291. Such
failure will allow the Commission and/or City to exercise any and all remedies available to it including
but not limited to withholding the issuance of building permits for the subject project and property.
4. HOLD HARMLESS
Program Participant will indemnify and hold harmless (without limit as to amount) Commission
and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively
referred to as "Indemnitees"), and any of them, from and against all loss, all risk of loss and all damage
(including expense) sustained or incurred because of or by reason of any and all claims, demands, suits,
or actions obtained, allegedly caused by, arising out of or relating in any manner to Program Participant's
actions or defaults pursuant to this Agreement, and shall protect and defend Indemnitees, and any of them
with respect thereto.
2/26/99
5. NOTICES
All notices required pursuant to this Agreement shall be in writing and may be given by personal
delivery or by registered or certified mail, return receipt requested to the party to receive such notice at
the address set forth below:
TO THE CITY:
Housing and Redevelopment Commission
Housing and Redevelopment Department
Attn: Housing & Redevelopment Director
2965 Roosevelt Street, Suite B
Carlsbad, California 92008-2389
TO THE PROGRAM PARTICIPANT:
W. Kent Jessee
2075 Corte Del Nonal
Carlsbad, CA 92009
Any party may change the address to which notices are to be sent by notifying the other parties of the
new address, in the manner set forth above.
6. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and no modification hereof
shall be binding unless reduced to writing and signed by the parties hereto.
7. DURATION OF AGREEMENT
Except for the provisions of Paragraph 4, which shall survive the term of this Agreement, upon
payment of the parking in-lieu fee for the four (4) parking spaces for the subject Project, the Program
Participant shall have no further obligations under this Agreement.
8. SUCCESSORS
This Agreement shall benefit and bind the Program Participant and any successive owners of the
subject project as described in Attachment A to this Agreement.
9. JURISDICTION
Program Participant agrees and hereby stipulates that the proper venue and jurisdiction for any
resolution of disputes between the parties arising out of this Agreement is San Diego County, California.
9 2/26/99
10. SEVERABILITY
In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any court
of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year
first above written.
PROGRAM PARTICIPANT COMMISSIQI
Property Owner
'cSi;n '"L
W. Kent Jesse Ow er
(Print Namemitle)
By:
(Sign Here)
(Print Namemitle)
(Proper notarial acknowledgment of execution by Program Participant must be attached)
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. B
BY:
2/26/99
ATTACHMENT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
Address: 28 15 Jefferson Street
Assessor Parcel No.: 203-1 10-29
The subject property is more specifically described as:
Parcel 1:
The southwesterly 50.00 feet of the northwesterly 241 feet of Lot 48 of the Seasides Lands, in the
City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1722,
filed in the Office of the County Recorder of San Diego County, July 28, 1921; except the
southwesterly 120 feet.
Parcel 2:
The southwesterly 15.0 feet of the northwesterly 151.0 feet of Lot 48 of the Seasides Lands, in
the City of Carlsbad, County of San Diego, State of California, according to Map thereof No.
1722, filed in the Office of the County Recorder of San Diego County, July 28, 192 1 ; except the
southwesterly 120 feet.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Countyof 5~13 BIG^^
Name(s) of Stgner(s) personally appeared
0 personally known to me
evidence
xproved to me on the basis of satisfactory
Place Notary Seal Above Signature of Notary Public
Description of Attached Docume
Title or Type of Document:
Document Date:
0 Partner - 0 Limited 0 General
0 Guardian or Conservator
Signer Is Representing:
Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 0 1999 National Notary Assmialion - 9350 De solo Ave , P.O. Box 2402. Chalsworlh, CA 91313-2402 - w.natlonalnolaryorg