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Home My WebLink About1988-04-20; Design Review Board; ; RP 88-01|CDP 88-04 - LUBINITEM 1 STAFF REPORT DATE: APRIL 20, 1988 TO: DESIGN REVIEW BOARD FROM: REDEVELOPMENT OFFICE SUBJECT: RP 88-1/CDP 88-4 - LUBIN - Request for a Minor Redevelopment Permit (RP) and a Coastal Development Permit (CDP) to open a chiropractor's office at 3021 Jefferson Street. I. RECOMMENDATION That the Design Review Board ADOPT Resolution Nos. 115 and 116 APPROVING RP 88-1/CDP 88-4, based on the findings and conditions contained therein. II. PROJECT DESCRIPTION The applicant is requesting a Minor Redevelopment Permit to open a chiropractor's office at 3021 Jefferson Street, in Subarea 1 of the Redevelopment Area. The approximately 850 square foot structure, formerly a house, has more recently been leased out to office uses, ie, a sales office, and a travel agency. The change in use to medical is considered an intensification and therefore requires a redevelopment permit. The applicant plans to make interior improvements to the building and parking lot improvements. The proposal also lies within the new permit authority area for Redevelopment- issued coastal permits. III. ANALYSIS 1) Does the project conform to the goals of the Village Design Manual, Zoning Ordinance Standards, and Coastal Regulations? SUBAREA 1/ZONING ORDINANCE The use itself, a medical office, is allowed within the Subarea 1 commercial and business center. The issue associated with the project is adequate parking. The Village Design Manual requires that adequate off-street parking in accordance with the zoning ordinance, be provided when a structure is intensified in use, which the change from office to medical would be. The parking requirement for the project is five spaces. The four existing spaces on the subject property are part of Cliff's Pantry parking. (Both parcels are owned by the same person.) As shown on the site plan, the parking layout for both lots has been reorganized to provide the five spaces for the chiropractor's office as well as provide additional parking for Cliff's and the other retail stores next to Cliff's. In terms of background, the site plan has been revised several times to adequately meet parking requirements for the medical office, in a configuration that also fulfills engineering standards. As proposed and conditioned, the project meets the goals of Subarea 1 and other technical standards. COASTAL REGULATIONS On December 14, 1987, the Coastal Commission granted permit authority to the Redevelopment Agency to issue Coastal Permits. The proposed project lies within the coastal jurisdiction and as such, is subject to coastal regulations. For this project, those regulations relate to the provision of adequate, off-street parking. Basically, the coastal program does not allow reductions in parking requirements unless amendments or exemptions are approved by the Coastal Commission. Because the proposed project has met parking requirements, it complies with the Local Coastal Program. OTHER ISSUES One other issue that staff has concerns about is the fact that the applicant has moved into and is operating his business from the subject property at 3021 Jefferson, without approvals of a redevelopment permit, coastal permit, sign permit, and updated business license. In addition, improper electrical work was performed without the required electrical permits (see attached memo from Pat Kelly, Building Inspector). Thus, the chiropractor's office is operating illegally, without parking, proper City approvals, and with improper electrical wiring. In this type of situation, unless there is an immediate or extreme health and safety hazard, enforcement to end the occupancy is held in abeyance when there is an application for the use being processed, until approval or denial is given. At that point, enforcement of the zoning violations begins. As a condition of approval for the project, the applicant must cease operations until all of the other conditions of approval are met. If this does not happen, the City will pursue standard procedures to end the occupancy, or, if the Building Department determines that continued use will be dangerous to life or property, the electrical service could be removed. IV. ENVIRONMENTAL The proposed project is categorically exempt from CEQA, per Section 15301, class 1 (a), interior alterations to an existing structure. For the reasons discussed above, staff recommends approval of RP88-1/CDP88-4. ATTACHMENTS 1. Design Review Board Resolution No. 115 and No. 116 2. Location Map 3. Disclosure Form 4. Memo from Pat Kelly 5. Environmental Documentation 6. Exhibit "A" dated April 11. 1988 LOGATION MAP _ - I ..e .-I c-l l--Y--i RP 88-I LUBIN -- -_ DISCLOSURE FORM APPLICANT: I,’ , r - * , ,’ -4, / .Y / ‘ /. ,.‘,&j ~ -&//i-, Name (individsl, part>ershTp, joint venture,’ corporation, syndication) y-q-J /7 / ’ _ ,1 , ‘.C BUShess Address ‘f-i df - ‘/ ;‘t ; Teliphone Number AGENT: -/ y-4 Name Business Address Telephone Number MEMBERS: <- ,; . * r : ‘.- Name (individual, partner, joint venture, corporation, syndication) Home Address Business Address . Telephone Number Telephone Number Name Home Address Business Address Telephone Number Telephone Number (Attach more sheets if necessary) IlWe understand that if this project is located in the for Coastal Commission Approval prior to development. Coastal Zone, l/we will apply I/We acknowledge that in the process of reviewing this appiication, it may be necessary for members of City Staff, Planning Commissioners, Design Review Board members, or City Council members to inspect and enter the property that is the subject of this application. I /We consent to entry for this purpose. I/We declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. . L ; y;‘y.. -2 \ Y 7 ‘. / / L ,,’ L-. APPISICAN’T t ef-l.- BY Agent, Owner, Partner MEMO March 28, 1988 TO: NANCY ROLLMAN FROM : PAT KELLY, BUILDING INSPECTOR RE: REDEVELOPMENT PERMIT FOR 3021 JEFFERSON STREET The structure at the above location was, in its previous use, an office which created little more risk than a residential occupancy. However, the change in use to a doctor’s office will introduce a great deal of sophisticated equipment (ie: x-ray, ultra-sound, sterilization equipment and other physical therapy equipment) to an electrical system installed for intermittent residential use. The Building Department’s policy regarding these types of conversions is that all existing circuits may remain, as is. All new circuits and switch gear installed must comply with our current adopted code and ordinance (attached). Dr. Lubin drew a permit to add an electric circuit for the x-ray machine (attached). He then proceeded to change the entire electric service and add numerous other circuits without proper permits. At that time he was informed that the new service and additional work should conform as follows: 1. Service gear shall have a minimum AIC rating of 42000 AIC (Commercial Type) NEC 230-65 2. Conduit and switchgear mounted on the surface of the building exterior is not allowed by Ordinance (8104 Sec. 18.12.240). 3. Use of non-metallic sheathed cable (Romex) is not allowed when adding new wiring to commercial uses (8104 Sec. 18.12.255). 4. Office floor plan shall meet all requirements for Title 24, particularly handicap accesssibility requirements. 5. All other necessary permits and liscences were his responsibility. (Business, &development Permit, Coastal) Memo to Nancy Rollman March 28, 1988 page 2 He responded in writing that he was returning the business to its previous use and the Building Department accepted the work done without permits as it was. The Building Department reccomends that all conditions that remain above be contained in the Redevelopment Permit if this is possible and that Dr. Lubin, or his contractor, secure proper permits and pass inspection. -- 1. --- -2, -2 LALL --- .- PAT KELLY, BUILDING INSPECTOR .‘--- PK:maw PLANNING DEPARTMENT 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 (619) 436-l 161 NOTICE OF EXEMPTION February 8, 1988 County Clerk County of San Diego 220 West Broadway San Diego, California 92101 Proiect Title Lubin, RP 88-l Proiect Location--Snecific 3021 Jefferson Street, Carlsbad Proiect Location--City Carlsbad Project Location--Countv San Diego Description of Nature, Purnose, and Beneficiaries of Proiect' Conversion of a business office to a chiropractor's office Name of Public Aaencv Annrovina Proiect City of Carlsbad Name of Person or Aaencv Carrvino Out Proiect Marshall Lubin Exempt Status (Check dne) - Ministerial (Sec. 15073) - Declared Emergency (Sec. 15071 (a)} - Emergency Project (Sec. 15071 (b) and (c)) x Categorical Exemption. State type and section number: 15301, Class l(a) Reason Whv Project Is Exemot: Minor alteration to existing structure Contact Person Nancy E. Rollman (619) 438-1161 Planning Director