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HomeMy WebLinkAbout2010-02-16; Housing & Redevelopment Commission; 422; Keep Me Organic Parking In Lieu Fee Participation14 HOUSING AND REDEVELOPMENT COMMISSION - AGENDA BILL AB# MTG. DEPT. 422 02/16/10 HRD KEEP ME ORGANIC PARKING IN-LIEU FEE PARTICIPATION AGREEMENT RP 08-37A DEPT. HEAiyJ)^^7 ^ CITY ATTY/^ <^^ CITY MGR. fa — - RECOMMENDED ACTION: That the Housing and Redevelopment Commission ADOPT Resolution No. 483 APPROVING participation in the parking in-lieu fee program for one (1) parking space. ITEM EXPLANATION: On December 4, 2009, the Housing and Redevelopment Director conditionally approved Administrative Redevelopment Permit No. RP 08-37A to change the use of retail space to a self improvement service use for property located at 3147 Roosevelt Street in District 5 of the Carlsbad Village Redevelopment/Review Area. As a condition of approval, the applicant must participate in the Parking In-Lieu Fee Program for one (1) parking space. The applicant currently has a retail space of 590 square feet that is being converted to another use (self improvement service) which has a higher parking requirement. The parking requirement for a retail use in the Village Redevelopment area is 1 space/300 square feet of net floor area. The parking requirement for a self improvement service is 1 space/200 square feet of net floor area. At 590 square feet, a retail use requires two (2) parking spaces. A self improvement service requires 3 parking spaces for a 590 square foot space. Due to the property's size limitations, there is not adequate space to provide the required additional parking space. Therefore, the applicant must participate in the Parking In-Lieu Fee Program for one (1) parking space in order to convert the subject space. The parking in-lieu fee program is currently in effect, and there remains adequate public parking to allow participation by the subject applicant. Staff is recommending approval of the attached Parking In-Lieu Fee Program Participation Agreement by the Commission. FISCAL IMPACT: The current Village Parking In-Lieu Fee is $11,240 per required parking space to be provided off-site. With a requirement to pay for one (1) parking space, the total revenue to the Carlsbad Redevelopment Agency Parking Fund will be $11,240. DEPARTMENT CONTACT: Austin Silva 760-434-2813 austin.silva@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION:APPROVED J3/ DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 ENVIRONMENTAL IMPACT: The Planning Director has conducted an environmental review of the project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the project has been found to be exempt from environmental review pursuant to Section 15303 of the State CEQA Guidelines as the project involves the conversion of an existing small structure from one use to another where only minor modifications are made to the interior of the structure. EXHIBITS: 1. Housing and Redevelopment Commission Resolution No. 483 , APPROVING a Parking In-Lieu Fee Participation Agreement between the Commission and Manuel S. Goncalves, property owner of 3047 Roosevelt Street. 2. Parking In-Lieu Fee Participation Agreement between the Commission and Manuel S. Goncalves. ~~>/ 9 WHEREAS, as a condition of approval of Administrative Redevelopment Permit 08-37A, 10 the Property Owner is required to enter into an agreement with the Commission to allow the Property Owner to participate in the Village Redevelopment Parking In-Lieu Fee Program to12 13 14 15 16 24 25 26 27 28 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO 483 A RESOLUTION OF THE HOUSING AND REDVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT BETWEEN THE COMMISSION AND MANUEL S. GONCALVES, PROPERTY OWNER, FOR THE PROJECT KNOWN AS KEEP ME ORGANIC AT 3147 ROOSEVELT STREET, APN: 204-085-03, IN THE VILLAGE REDEVELOPMENT AREA. APPLICANT: LISA M. GONCALVES CASE NO: RP 08-37A satisfy a portion of the on-site parking requirement for the subject project; and WHEREAS, the Property Owner has agreed, by acceptance of the conditions of said approval, to pay the established Parking In-Lieu Fee for a total of one (1) parking space to satisfy a portion of the on-site parking requirement for the project located at 3147 Roosevelt Street within the Village Redevelopment Area of the City; and 1 O WHEREAS, the Commission finds that the subject property and project has qualified to 19 participate in the Carlsbad Redevelopment Agency's Parking In-Lieu Fee Program and 20 participation in the program will satisfy a maximum of one (1) of the required parking spaces for 21 the subject project on the noted property at 3147 Roosevelt Street; and 22 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 PAGE 1 -7 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 subject project's parking demands and that the average utilization rate for all public parking lots is 58%, which is below the full utilization rate of 85%; 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 Manuel S. Goncalves, property owner of the project known as the Keep Me Organic which is located at 3147 Roosevelt 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. PAGE 2 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Housing and 2 Redevelopment Commission of the City of Carlsbad on the 16th day of 3 February 2010, by the following vote, to wit: 4 5 AYES: Commissioners Lewis, Kulchin, Hall, Packard, Blackburn 6 NOES: None 7 ABSENT: None8 9 10 UJDE A. LEWISVCHAIRMAN 12 ATTEST: 13 14 15 WSA HILDABRAND, SECRETARY •6 (SEAL) ^,,,,,,,;/ 17 ^ o-' ESTABLISHED V%c18 --.-,«- m19 '^1- 20 21 22 23 24 25 26 27 28 RECORDING REQUESTED BY: City of Carlsbad WHEN RECORDED MAIL TO: Carlsbad Redevelopment Agency Attn: City Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008 (Space above for Recorder's Use) CITY OF CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT HIS PARTICIPATION AGREEMENT ("Agreement") is entered into this of <'U<^< ^ 2010, by and between the CARLSBAD HOUSING AND REDEVELOPMENT COMMISSIQKQa body corporate and politic (hereinafter referred to as the "Commission"), and Manuel S. Goncalves, thereinafter 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 3147 Roosevelt Street (APN: 204-085-03) 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 an Administrative Redevelopment Permit (RP 08-37 A), which provides conditional approval of a project consisting of a change in use from retail to a self improvement service on the subject property. B. Condition No. 4 of Administrative Redevelopment Permit No. 08-37A states that this Parking In-Lieu Fee Program Participation Agreement shall be entered into between the Commission and the Program Participant following approval of Administrative Redevelopment Permit No. 08-37A, and provides that the Program Participant pay a Parking In-Lieu Fee for a total of one (1) parking space which in effect purchases a parking credit from the Carlsbad Redevelopment Agency. The Program Participant shall pay the approved Parking In-Lieu Fee (per parking space) in effect following approval of Administrative Redevelopment Permit No. 08-37A 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. 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 one (1) on-site parking space for the land covered by Administrative 2/26/99 Redevelopment Permit No. 08-3 7A by reason of the Housing and Redevelopment Director approval of Administrative Redevelopment Permit 08-37A, including Condition No. 4. (b) The Program Participant shall pay the Parking In-Lieu Fee for a total of one (1) parking space as established by the Commission, and, as required by Condition No. 4 of Administrative Permit No. RP 08-37A, the fee shall be paid following approval for the subject Project. The fee shall be the sum total of the fee per parking space needed (1) to satisfy the Project's parking requirement. (c) The Program Participant shall have no right to designated parking spaces within the public parking lots located within the Village Redevelopment/Review Area, or at any other location within the City of Carlsbad, nor shall the Program Participant have exclusive use of any public parking space. Through participation in the subject Parking 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 Housing and Redevelopment Director has approved Administrative Redevelopment Permit 08-37A conditioned upon the Program Participant's payment of a Parking In-Lieu Fee for a total of one (1) parking space. 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. 4 of Administrative Permit No. 08-37A. 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: Manuel S. Goncalves 4535 Brighton Circle San Diego. CA 92107 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 one (1) parking space 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. 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. COUNCILPROGRAM PARTICIPANT Property Owner SEE; ATTACHED LEG^P^^S and Redevelopment/Semmission, N01 Vl,PJ7.'•;:'": ."Yfv a municipal coronation _ By: Manuel S. Goncalves (Print Name/Title) ClaWteA. Lewis, Chat Attest/x on By:_ (Sign Here)Lisa Hildabrand, Secretary to Comjnis&wjp (Print Name/Title)r »/ESTABLISHED-.f ' 1970 : in• to/£i -;. * '• ........ •'• * (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. BAU_, City Attorney /XX'/.BY: e Mobaldi, Assistant City Attorney 2/26/99 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Diego On before me, Mir AH, Notary Public, personally appeared /'In A (_•'s who proved to me on the basis of satisfactory evidence to be the person(s)whose name^yls/are-subscribed to the within instrument and acknowledged to me that he/she&bey executed the same in his/heF/th«r authorized capacity(ies)rand that by his/hef/thetr-signature(sfon the instrument the person(s£"6r the entity upon behalf of which the persoo(s)-acTed, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OFFICIAL SEAL | MIRALI J NOTARY PUBLIC-CALIFORNIA^ COMM. NO. 1817852 £ SAN DIEGO COUNTY • MY COMM. EXP. 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Box 2402 -Chatsworth, CA 91313-2402• www.NationaiNotary.org Item #5907 Reorder:Call Toll-Free 1 -800-876-6827 ATTACHMENT A LEGAL DESCRIPTION OF SUBJECT PROPERTY Address: 3147 Roosevelt Street Assessor Parcel No.: 204-085-03 The land referred to is situated in the County of San Diego, City of Carlsbad, State of California, and is described as follows: LOT 24 IN BLOCK 32 OF TOWN OF CARLSBAD AMENDED, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, FEBRUARY 15, 1984. 2/26/99