HomeMy WebLinkAbout1986-02-18; Housing & Redevelopment Commission; 53-1; Carlsbad Inn - Amendment to Permitc-
HOUSING AND -EDEVELOPMENT COMMISZ’d’; N - AGENDA BILL cl &
4B# 53-1 TITLE: RP/CUP 84-3(A) AMENDMENT TO A CARLSBAD REDEVELOPMENT PERMIT - DEPT. H D.‘--
MTG. 2/18/86 CARLSBAD INN CITY Adt@f&
DEPT. RED CITY MGR.
RECOMMENDED ACTION:
If the Commission wishes to grant the appeal and approve the permit for the Grunion Run Restaurant, your action is to adopt a Resolution No. obo l
ITEM EXPLANATION
The Housing and Redevelopment Commission heard the appeal of a Design Review Board decision denying RP/CUP 84-3(A) at your meeting of January 28, 1986. The Commission, at that.meeting, directed our office to prepare the necessary documents to grant the appeal and approve the permit for the Grunion Run Restaurant for a one-year period. Attached is Resolution No. 060 which would do that subject to certain terms and conditions. In particular, the document provides that the remaining 72 condominium units may not be built until the City Council finds that adequate parking is available to the project. The obligation to provide the additional 23 parking spaces required to meet the code requirements is on the applicant. An express waiver is included of any vested rights to complete the condominium project arising out of the construction to date including the substantial investment in the underground parking structure. Attached to the resolution is a statement signed by the applicant agreeing to be bound by the terms of the resolution. The Commission should satisfy yourself that we have correctly incorporated your intentions in the matter and to the findings and conditions of the permit. If the Commission concurs, you should take the recommended action.
EXHIBIT
Resolution No. otpo
LET-t cu 04tco ;rl13lK FRO% flpri&lEf WOQ~.
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RESOLUTION NO. 060
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD CALIFORNIA GRANTING THE APPEAL AND APPROVING AN AMENDMENT TO REDEVELOPMENT PERMIT 84-3 AND A REDEVELOPMENT PERMIT/CONDITIONAL USE PERMIT TO ALLOW A RESTAURANT WITH A LIQUOR LICENSE IN SPACE PREVIOUSLY DESIGNATED FOR RETAIL USE AT THE CARLSBAD INN CASE NO. RP/CUP 84-3(A)
WHEREAS, the Housing and Redevelopment Commission of the
City of Carlsbad at their meeting of January 28, 1986, heard an
appeal of a decision by the Design Review Board to deny RP/CUP
84-3(A) an amendment to Redevelopment Permit 84-3 for the
Carlsbad Inn project to permit a restaurant with a liquor license
in, space previously designated for retail use, and
.WHEREAS'; at the heariiig it'was represented-that the'
Design Review Board and staff had found the applicant to be in
compliance with all requirements of the Redevelopment plan in
regards to the proposed restaurant and that the project would
have otherwise been recommended for approval, except for the lack
of sufficient onsite parking spaces necessary to bring the
project into compliance with the redevelopment plan and the
Carlsbad Municipal Code, and
WHEREAS, at the hearing, the applicant acknowledged the /
shortage of parking spaces and volunteered that in return for the
approval of the permit, he would agree to meet the parking
requirement by not constructing any of the remaining 72
condominium units approved for the site, thereby, reassigning the
parking in the underground structure constructed to serve those
units to meeting the need for the restaurant. The applicant
assumed responsibility and promised to provide an additional
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23 parking spaces by the acquisition of property in the immediate
vicinity of the project or by some other means satisfactory to
the City Council. Finally, the applicant agreed that if the
additional parking could not be provided, he would at his expense
either remove the restaurant or redesign the project and
eliminate a sufficient number of condominium units, so the
project including the restaurant would meet the City's parking
standards for the project as required by the City Council, and a
9 WHEREAS, the applicant has, in writing acknowledged the
correctness of these recitals and has agreed to be bound by all 10 of the terms and conditions of this resolution and has expressly 11 waived any vested rights to complete the condominium project that
'3- .' 12 'may have arisen from' the construction -a&o-mplished to date', dnd : g 13 & g
g-i$$ 14 WHEREAS, the City Council in reliance on the applicant'&
62 B zka$ 15 promises that the parking deficiency will be remedied has
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determined that the appeal should be granted and that the
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amendment to Redevelopment Permit 84-3, and the redevelopment
5 permit and conditional use permit for a restaurant with a liquor ia
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license for the Grunion Run restaurant in a space previously I designated as retail should be approved subject to the terms and
conditions of this resolution.
NOW, THEREFORE BE IT RESOLVED by the Housing and
Redevelopment Commission of the City of Carlsbad as follows:
1. That the above recitals are true and correct and
constitute the findings of the Commission on this matter.
2. That based on the Commission's findings, the appeal
of the Design Review Board's decision to deny an amendment to \ redevelopment permit 84-3 is hereby granted. The amended
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redevelopment permit 84-3(A) and conditional use permit to allow
a restaurant with a liquor license in space previously designate1
for retail use is hereby approved subject to the following terms
and conditions:
A. This permit shall be valid for one year. Prior to
its expiration date, the matter shall be returned to the Housing
and Redevelopment Commission. If the Commission determines that
the parking requirements have been satisfied and that the
applicant has provided sufficient parking to allow the project
including the restaurant, to operate without any adverse traffic
circulation or parking effects on the surrounding properties,
then the permit may be extended by the Commission for a term as
the Commission considers appropriate. In making that decision
the Commission may add any additional conditions of approval as
they determine necessary, to implement the traffic and parking
study currently ongoing for the redevelopment area. If the
permit is not extended, the restaurant shall be permanently
removed and the space returned to retail uses.
B. The applicant shall use his best efforts to ensure
that employees at the project do not utilize the parking onsite
or the street parking in the immediate vicinity of the project
but take advantage of public parking areas located elsewhere in
the redevelopment area.
c. Building permits for the remaining 72 condominium
units to be constructed on the site pursuant to redevelopment
permit 84-3 shall not issue until the City Council finds that
adequate parking to serve the project including the restaurant
has been provided by the applicant.
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1 D. Th-is permit is issued in reliance on the
2 representations made by the applicant as contained in the
3 recitals of this resolution as accepted by him in the letter
4 marked Exhibit "A" to Resolution No. 060 , attached hereto and
5 made a part hereof. If the City Council finds that the applicant
6 has not kept his promises, then this permit shall be void and the
7 applicant shall promptly remove the restaurant.
a PASSED, APPROVED AND ADOPTED at a regular meeting of the
9 Housing and Redevelopment Commission of the City of Carlsbad,
10 California held on the 18th day of February 1986 by
11 the following vote to wit:
AYES: Commissioners Casler, Lewis, Kulchin, Chick and Pettine
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NOES: None
ABSENT: None
ATTEST:
(SEAL)
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VINCENT F. BIONDO. JR. CITY AllORNEY
DANIEL S. HENTSCHKE
ASSISTANT CIN ATTORNEY
CITY OF CARLSBAD
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008-1989 (619) 438-5531
EXHIBIT A
February 3, 1986
Mr. Jim Watkins, President Winner's Circle P. 0. Box 1489 De1 Mar, California 92014
Re: Carlsbad Inn Amendment to Redevelopment Permit - Grunion Run Restaurant
Dear Mr. Watkins:
-_'. The Housing and.Redevelopment Commission'of the City of . " Carl&ad after their meeting of January 28, 1986, indicated their intention to grant your appeal of the above referenced permit and instructed our office to prepare the necessary documents. Enclosed is a copy of the resolution in that regard. Please carefully review the recitals of the resolution and 'the terms and conditions for your permit. We ask that you sign and return the enclosed copy of this letter properly executed on behalf of the owners of the project indicating your agreement to the following:
(1) that the recitals in the resolution are true and correct and accurately reflect the promises you have made to the City of Carlsbad.
(2) that you agree to be bound by the terms and conditions of the permit.
(3) that you waive any vested rights to complete the remaining 72 condominium units that you may have otherwise acquired by the construction accomplished to date on the project.
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(4) that prior to the one year expiration date of the permit, you will have complied with all of the terms and conditions of that permit, including but not limited to:
a. The acquisition of 23 additional parking spaces within a reasonable distance from your project.
b. If such additional parking cannot be acquired to the satisfaction of the City Council, you will either convert the restaurant back to retail space or redesign the project to reduce the number of remaining -condominium units, as the City Council determines necessary to ensure that adequate onsite parking is available for the existing project, including the Grunion Run Restaurant.
If you have any questions or concerns please give me a call. As soon as we have received an executed copy of the enclosed letter we will attach it to the resolution and place the matter on the agenda for consideration by the Housing and Redevelopment Commission. .I . : ~. ',..
Very truly yours,
VINCENT F. BIONDO, JR. City Attorney
Winner's Circle and the Carlsbad Inn agree with the above except that Winner's Circle believes that Item 3 should pro- vide that we waive any vested rights to complete the 72 units until the parking requirements are satisfied.
ad enclosures
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R. THOMAS WOOD
ATTORNEY AT LAW
2a50 PI0 PlCcJ DRIVE. SUITE n
P. 0. BOX 1545
CARLSBAD, CALIFORNIA ~2008-1521
TELEPHONE (619, 729-1159
February 13, 1986
Mary Casler, Commissioner 1200 Elm Avenue Carlsbad, CA 92008
Anne Kulchin, Commissioner 1200 Elm Avenue Carlsbad, CA 92008
Claude Lewis, Commissioner 1200 Elm Avenue Carlsbad, CA 92008
Richard Chick, Commissioner 1200 Elm Avenue Carlsbad, CA 92008
Mark Pettine, Commissioner 1200 Elm Avenue Carlsbad, CA 92008
Re: Carlsbad Inn Case No. RP/CUP 84-3(A)
Dear Commissioners:
I represent Winners Circle Resorts International, Inc. and Carlsbad Inn regarding the above-referenced matter.
In reviewing Resolution No. 060 and after discussing the matter with my client, I am requesting that subparagraphs A, B, C and D of Paragraph 2 of the Permit as drafted by the City Attorney be deleted and the following substituted therefor:
A. This permit shall be valid for one year. Prior to its expiration date, the matter shall be returned to the Housing and Redevelopment Commission. If the Commission determines that the parking requirements have been satisfied, then the Commission shall grant all necessary permits for the unconditional operation of the restaurant. If the parking conditions are not satisfied and the conditional use permit is not extended, then the appli- cant will either convert the restaurant back to retail space or redesign the project to reduce the number of remaining condo- minium units, as the City Council determines necessary to ensure that adequate onsite parking is available for the existing pro- ject, including the Grunion Run restaurant.
February 13, 1986 Page Two
B. The applicant shall use his best efforts to ensure that employees at the project do not utilize the parking onsite or the street parking in the immediate vicinity of the project but take advantage of public parking areas located elsewhere in the redevelopment area.
C. Building permits for the remaining 72 condominium units to be constructed on the site pursuant to redevelopment permit 84-3 shall not issue until the City Council finds that adequate arrangements for the additional 23 parking spaces have been made by the applicant.
D. This permit is issued in reliance on the represen- tations made by the applicant as contained in the recitals of this resolution as accepted by him in the letter marked Exhibit "A" to Resolution No. --,,,,, attached hereto and made a part hereof, except applicant's vested rights shall be reinstated upon the adequate arrangement for the additional 23 parking spaces. If the City Council finds that the applicant has not kept his promises then the applicant will either convert the restaurant back to retail space or redesign the project to reduce the number of remaining condominium units, as the City Council determines necessary to ensure that adequate onsite parking is available for the existing project, including the Grunion Run restaurant.
It is my understanding that the requested changes are consistent with the actual Resolution passed by you on January 28, 1986 and are consistent with correspondence we have received from the City.
I will be happy to answer any questionsthatyou have at the hearing scheduled for February 18, 1986 orl if you wish, please contact me prior to that time.
Yours truly,
R. THOMAS WOOD
RTW/mm