HomeMy WebLinkAbout1991-10-16; Design Review Board; ; RP 91-02 - PERL FAMILY TRUST‘- -
EXHIBIT 3
DATE:
TO:
FROM:
SUBJECT:
I.
APPLICATION COMPLETE DATE:
IT* 19. 1991
STABI REPORT
OCTOBER 16, 1991
DESIGN REVIEW BOARD
REDEVELOPMENT DEPARTMENT
pP 91-2 - PERL FAELZI;Y TRUST - Request for approval of a Minor Redevelopment Permit to change the use of two (2) existing 880 square foot structures from residential to
retail use (beauty salon and video store) at 3055 and
3065 Madison Street in the Village Redevelopment (VR) Zone. The General Plan designation is Central Business District.
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Redevelopment Staff recommends that the Design Review B,oard ADOPT Resolution No. 171, CONDITIONALLY APPROVING RP 91-2, based on the findings and conditions therein.
II. PROJECT DESCRIPTION AND BACKGROUND
The buildings located at 3055 and 3065 Madison were originally approved as residential unitsi As shown on Exhibit "A" dated' September 4, 1991, the entire property has four (4) existing structures: two 880 square foot single story buildings in front (two approved apartment units); a two story apartment building (four approved apartment units) and a 400 square foot garage used for storage. Five parking spaces are located on-site as shown on the attached exhibit.
Over time, the two single story front buildings were converted from residential units to a 880 square foot medical office and a 880 square foot retail establishment (video store). It is staff's understanding that a medical office occupied one of the buildings for approximately eleven (11) years. The video store has been in operation for approximately three to four years at the noted site. The video store is a continuing business and the t'officetl has been vacant for approximately one (1) year.
The agent (Mort OlGrady) for the property owner (Per1 Family Trust) has submitted an application for a minor redevelopment permit to change the use of the medical office to a three station beauty salon. Since the conversion of uses from the residential units to the medical office and video store were never officially
*. approved by the City, staff recommends that approval of the requested minor redevelopment permit be considered for both the video store and the beauty salon.
XII.
ISSUES. .
1. Is the proposed development in conformance with the goals and objectives of the Carlsbad Village Area Redevelopment Plan and the development standards and design criteria of the Village Design Manual?
2. Does the proposed development comply with all applicable zoning ordinances as contained in the Carlsbad Municipal Code?
DISCUSSION. .
1. Villaue Area RedeveloDment Plaa/Desicm Manual Conformance
The proposed retail uses (beauty salon and video store) are acceptable and compatible with existing surrounding land uses and permitted land uses within the Redevelopment Plan and Village Design Manual. Attached as Exhibit *@Bn is a map showing the land uses within the immediate vicinity of the noted property.
2. Com~liaace with 2oninu Ordinance
Prior to vacancy, a medical office existed at 3055 Madison Street for approximately eleven (11) years. Presently, a video store is operating out of the second building (3065 Madison Street). The City has no record of the conversion of 3055/3065 Madison Street from residential (the original use) to non-residential use (medical office and video store). For the conversion to be legally approved, internal upgrades would have been necessary to comply with the requirements of a B-2 occupancy, Title 24 and handicap provisions; no such improvements presently exist within either building. The.City has no record of a business license for any previous use.
Because the City has no official record of approval of the office and video use at 3055/3065 Madison Street, they are technically illegal non-conforming uses. A residential unit is the only use currently permitted without the property owner being required to provide additional parking and/or building upgrades.
In order to convert the two residential units to retail uses, the property owner is required to bring the entire property into compliance with current parking standards. The property currently provides a total of five (5) parking spaces. The existing (video store) and proposed (beauty salon) retail uses require a total of
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six (6) parking spaces and the four apartment Units require ten ' (lo) spaces, per current code, site parking spaces.
for a total of sixteen (16) on- The parking deficiency for the proposed project will be a total of eleven (11) spaces.
Per Municipal Code standards, the requested change in use initiates compliance with the existing parking requirements for the entire project. However, it is worth noting that a medical office operated at 3055 Madison Street for nearly 11 years and the City has no record of any complaints regarding adequate parking or the building use. According to current standards, a medical office use is more Vfiateasive8* than a retail use; a medical office requires more parking (1 per 200 sq. ft). In addition, the video store has been operating at 3065 Madison Street for 3 to 4 years with no recorded complaint about parking or the building use.
The proposed use change does not satisfy & applicable regulations and development standards because the site is deficient in parking. Due to existing building constraints, the site cannot accommodate additional parking. It is anticipated that the future Redevelopment Master Plan will include a program (i.e., parking district) to address the problems created by proposed projects which do not meet applicable parking standards for development.
IV. ENVIRONMENTAL REVIEW
Since the project is a minor conversion of small existing buildings and involves no expansion or alteration of the exterior of the structure, the Planning Director has determined that the project is categorically exempt from environmental review as stated in Section 15303(c) of the California Environmental Quality Act and has, therefore, issued a Notice of Exemption on September 11, 1991.
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SUMMARY
As noted above, the proposal is in conformance with the Village Design Manual and Village Area Redevelopment Plan in terms of appropriate and compatible land use. However, with the proposed uses, the property will be deficient in on-site parking. The applicant is requesting approval of a minor redevelopment permit for conversion of two residential units to retail uses.
Redevelopment Staff is supportive of the change in use because we believe that the retail uses are more desirable at this location than the two dwelling units. Also, vacant buildings are counter- productive to the Redevelopment Agency's effort to economically enhance the Village Area and eliminate blight. Therefore, we are eager to see occupation of the one building (3055 Madison Street) which is currently vacant. The surrounding community residents
. are also ruppotitivo of the two businesses (Spanish video rentals and the beauty salon).
In order to change the use of the noted structure, the property owner is required to bring the entire property into compliance with current parking standards. Based on the existing uses (video store and four residential units) and the proposed use (beauty
salon), the total parking requirement for the property will be sixteen (16) spaces. The property currently provides only five (5) parking spaces.
The applicant has made several attempts to design alternative parking plans and/or make other arrangements for parking. However, the applicant is unable to provide the total eleven (11) additional parking spaces required on-site to bring the property into compliance with current parking standards per the City Municipal Code.
As noted previously, a medical office operated at 3055 Madison Street for approximately eleven (11) years and the video store has been operating at 3065 Madison Street for three to four years without the required parking. Both uses operated without a complaint from surrounding businesses/property owners regarding the building or parking. Since the beauty salon requires less parking than the medical office, staff believes that it could also operate without impacting surrounding businesses/property owners.
The applicant has provided a letter outlining his understanding. of the history of property use for review and consideration in approving this request.
Redevelopment staff is recommending that the Design Review Board conditionally approve RP 91-2, based on the findings and conditions outlined within Resolution No. 171. However, for information purposes, the following options for action are also available for consideration by the Design Review Board:
1. The Design Review Board may APPROVE RP 91-2 based on appropriate findings and without conditions.
The Design Review Board can approve the project without any conditions. If the Board desires to exercise this option, the project should be referred back to staff for preparation of the appropriate approving resolution.
2. The Design Review Board may CONDITIONALLY APPROVH RP 91-2 based on the findings and conditions outlined in Resolution No. 171. This is the recommended action from Redevelopment Staff. However, if the Design Review Board would like to add/alter the conditions outlined within the Resolution, the project should be referred back to staff for preparation of the appropriate approving resolution.
3. The Design Review Board may DBNY RP 91-2. If the Design Review Board desires to exercise this option, the project should be referred back to staff for preparation of the appropriate resolution.
If the Board do.8 deaido to deny this request for ooaversioa from rosidoatial to ret8il ubo. Staff atroagly reaommeads that the video store bo allowed to remain as a aoa- conforming us.0 until it ceases busiaeas at thirr location with the ooaditioa that the property owaer return the building to it8 original us0 (residential) upon exit of the
video store.
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Design Review Board Resolution No. 171, conditionally approving RP 91-2, based on the findings and conditions contained therein.
Background Data Sheet
Disclosure Form
Exhibit "A"
Exhibit *#B1@
Letter from
- Location Map, including surrounding land uses
Applidant regarding property history
Section 21.35 of the Municipal Code
Notice of Exemption
Notice of Public Hearing
Public Parking Lot Usage Survey Results
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OLUTIOR NO. 17%
A RRROLDTIW OI TRB DRSIW RRVIRW BOARD Ot TRB CITY 0~ CARLSBAD, CALIPORZiIR APPROVINt3 A MINOR RRDRVRLOPM~
PERMIT To comRR2 Two (2) BXI8TIam 880 SQUARE TOOT -RRSIDRRTIbfr UNITI 'M) RR%RIL RSTARLII8EMRNT8 (VIDEO STORB MD BRRDTT SRLOM) UITR NO BfpMSIOl!l OR PROPmTY
WNERAIAY LOCATIU) 0s TRR WEST SIDE OI MADISON STREET, SOU!PR OP CARLWAD VILLAOR DRIVR AT 3055 AND 3066
MADISOR S!rRERT. CASE NAME; PER& PAMILY TRUST CA8g
WHEREAS, a verified application has been filed with the
City of Carlsbad and referred to the Design Review Board;
and
WHEREAS, said verified application constitutes a
request as provided by Title 21 of the Carlsbad Municipal
Code; and
WRRREAS, pursuant to the provisions of the Municipal
code, the Design Review Board did, on the 18th day of
September, 1991, hold a duly noticed public meeting to
consider said application on property described as:
Lots 25, 26 and 27 of Block 39, Map No. 1722 as recorded in the County of San Diego, California. APN: 203-305-12.
WEEREM, at said public meeting, upon hearing and
considering all testimony and arguments, if any, of all
persons desiring to be heard, said Design Review Board
considered all factors relating to RP 91-2.
NOW, THEREFORE, BE IT RESOLVED by the Design Review
Board as follows:
1) That the foregoing recitations are true and correct.
2) That based on the evidence presented at the public
meeting, the Design Review Board hereby m-s RP 91-2,
based on findings and subject to the following conditions:
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The project is consistent with the goals and objectives
of the Village Area Redevelopment Plan and the Village -Design Manual. The proposed retail uses (beauty salon and video store) are acceptable and compatible with existing surrounding land uses and permitted land uses within the Redevelopment Plan and Village Design Manual.
The project is consistent with the General Plan designation (Central Business District) for this area.
The building (3-055 Madison Street) for the beauty salon was previously occupied by a medical office for eleven (11) years without incident or complaint. The building at 3065 Madison Street has been occupied by a retail establishment (video store) for three to four years without incident or complaint.
Adequate public parking is available within a reasonable (300 feet) distance of this project.
A Master Plan for the Village Redevelopment Area will be completed by December 31, 1992. It will present plans and/or methods for addressing parking shortages and various illegal non-conforming uses within the Village Redevelopment Area, such as those represented within this project. . .
Conditionsi
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Approval is granted for RP 91-2, as shown on Exhibit l@A@', dated September 4, 1991, incorporated by reference and on file in the Planning Department.
c All internal upgrades to comply with the requirements of a B-2 occupancy, Title 24-and handicap provisions must be completed prior to occupation of the building by the beauty salon operator.
The project shall comply with all conditions and mitigation measures which may be required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits.
Approval of this request shall not excuse.compliance with all sections of the Zoning Ordinance, excluding parking, and all other applicable City ordinances in effect at time of building permit issuance.
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This approval shall become null and void if building I permits, for the internal upgrades, are not issued for this project within one year from the date of project approval,
-Any signs proposed for this development shall, at a minimum, be designed in conformance with the city's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs.
Prior to issuance of building permits for the internal upgrades, complete building plans shall be submitted to and approved by the Fire Department.
RP 91-2 is gr8ntOd for 8 tW0 (2) yaar period. ThB permit shall be reviewed by the Housing and Redevelopment Director'on a regular basis to determine if all conditions of this permit have been met and that the use does not have a significant detrimental impact on surrounding properties or the public health and welfare. If the Housing and Redevelopment Director determines that the use has such significant adverse impacts, the Housing and Redevelopment Director shall recommend that the Design Review Board, after providing the permittee the opportunity to be heard, add additional conditions to mitigate the significant detrimental affect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time upon a written application of the permittee made not less than 90 days prior to the expiration date. In granting such extension, the Design Review Board shall find that no substantial adverse affect on surrounding land uses or the public's health and welfare will result because of
the continuation of the permitted uses. If a substantial adverse affect on surrounding land uses or the,public*s health and welfare is found, the extension shall be considered as an original application for a minor redevelopment permit. There is no limit to the number of extensions the Design Review Board may grant.
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c . PAUBD, APPRm, A2ID ADOPTED at a regular meeting of
the Design Review Board of the City of Carlsbad, California,
held m the 18th day of September, 1991, by the following
vote, to wit:
AYES:
NOES:
I ABSENT:
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CLARENCE 8CNMNUEER, Chairman DESIGN RRVIEU BOARD
ATTEST:
RATEI? aANzhN ~ Rousing and R+developmont Diroator
. BACKGROUND DATA WEEI -AT+ACHMENT Z
? . CASE NO.: RP 91-2
. ,' CASENAMe= PcrfTiust
APPLICANT: 46= o’Q&lv
REQUEST AND LocATION: . Ream to allow a retd bcautv salon use to be located
LEGAL DESCRIPTION: Lots & 26 and 27 of Block 39. MaD No. 1722 int e
Countv of San Diestaq APN: 203-305-12
(Assessor’s Parcel Number)
Acres .24 Proposed No. of Lots/Units N/A
Land Use Designation Cent
Density Allowed N/A Density Proposed N/A
Existing Zone VR Proposed Zone VR
Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning
Requirements)
zoninn Land
Site VR Vacant
south VR Video Store
East VR
west VR
PUBLIC FACIm
School Distr&m Water District &&ad Sewer District Carlsbad
Equivalent Dwelling Units (Sewer Capacity) 1
Public Facilities Fee Agreement, dated N/A
- Negative De&don, issued
- Certitkd Environmental tmpact Report, dated . . . . Other, wlv to a mlect B or m bv a
Ai-TAC-iiMENT 3
Oisclorure Statamwtt
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: Ciava YOU rad core than c~~~lss;ons. C~~r!~a S253 wCrt!T of hsirtess transacted with a7.y renter Cf :.:+ ST:’ 3 : :.
as af‘2 Counc:l wthn tke past rhelve mcn:f;s?
Yes - No & If yes. gease imca:e perscn(s)
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(NOTE: Anacn additional pages as necessary.)
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EXHIBIT “B”
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City d Cd&d
PERLFAMKYTFKlsT RP 91-2
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AT;ACiiMENT 6
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MORTON S. O'GRADY 4407 MANCHESTER AVE. SUITE 206
ENCINITAS, CA. 92024
619-753-0779
10 SEPT. 91.
DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT 2965 ROOSEVELT ST. SUITE 8.
CARLSBAD, CA. 92008
RE: RP 91-2 PERL FAMILY TRUST.
GENERAL BACKGROUND OF SUBJECT PROPERTY:
BASED ON INTERVIEW WITH MR. EDDIE ROBINSON OF PACIFIC CARLSBAD INSURANCE AGENCY.
IN THE EARLY 1950'5, S1,52 THE TWO FRONT BUILDINGS WERE BUILT, PRIOR TO THE CITY HOOD OF CARLSBAD. THE CITY HAS NO RECORDS OF THE BUILDING PERMITS ON FILE.
IN THE MID 1960'S THE FOUR UNIT APARTMENT BUILDING WAS CONSTRUCTED.
IN THE HID 1970'S (74, 75) MR. ROBINSON AND HIS PARTNER MR. McCOMUS OF PACIFIC CARLSBAD INSURANCE AGENCY BOUGHT THE PROPERTY AND COVERTED THE TWO FRONT STRUCTURES TO THE . PRESENT OFF,?CE/COMMERCIAL USES. THEY OCCUPIED THE PROPERTIES UNIT 1980. THEY MOVED THEIR INSURANCE BUSINESS NEXT IjOOR INTO THEIR NEW OFFICE BUILDING. THEY CONTINUED TO RENT THE PROPERTY AS OFFICES.
IN 1985 MR. & MRS. PERL PURCHASED THE PROPERTY FROM MR. ROBINSON AND THEY TO CONTINUED TO RENT THE PROPERTY AS OFFICES (DOCTOR'S OFFICES). AT PRESENT 3065 MADISON IS RENTED TO A VIDEO RENTAL STORE AND 3055 MADISON IS VACANT.WE HAVE BEEN TRYING TO OBTAIN A USE PERMIT TO ALLOW A HAIR
SALON TO.OCCUPY THE EMPTY BUILDING SINCE MARCH OF THIS YEAR.
ACCORDING TO THE CITIES BUSINESS LICENSING OFFICE, INSURANCZ
AGENCIES ARE NOT REQUIRED TO HAVE BUSINESS LICENSES. THE
ONLY RECORDS OF BUSINESS LICENSES IS OF CURRENT LICENSES. THE CITY DOES NOT POLICE THE BUSINESSES FOR BUSINESS LICENSES, ITS ON YOUR HONOR AT THE PRESENT TIME.
BECAUSE WE HAVE AN HONORABLE PERSON WANTING TO LEASE THE SUBJECT PROPERTY AND APPLIED FOR A BUSINESS LICENSE FOR HER . NEW LOCATION (SARA'S HAIR STYLES LOCATED AT 243 CARLSBAD
BLVD.) WE BECAME INVOLVED IN WHAT THE CITY SAYS ARE NON CONFORl'fING USES.
UNFORTUNATELY NONE OF US KNOW HOW OR WHAT THE PROCEDURES
WERE WHEN MR. ROBINSON CONVERTED THE BUILDINGS BACK IN 1974.
I KNOW THE PROCEDURES HAVE CHANGED CONSIDERABLELY IN ALL
CITIES IN THE PAST FEW YEARS.
DEBBIE, I HOPE THIS INFORMATION WILL BE OF SOME HELP.
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2135.02@
2l3m3O
2135.04@
233S.OSO
2133.06@
213SO70
2135.080
213S.083
213SWO
2135.100
2135.110
2135.115
2135.120
2135.130
213S.140
2135JSO
Inteta8ltd~
1neorpondarrd-m
pha and da@a aunrrrl b
referetlca Lamd dectd by thir cbaptec
hnmittduuc
Coadldonrl-
-nlphdoar.
-w-t-
MfwrPw-
hnnit nppik8ti-
-Thmsntittal to d&a review
Daignrtrkubo8fdacd~.
mmlt@~~
rtdevtiopnltnt comaItiioc
Hoes@ urd redweloprneat
commis8ion acdolL
consolid8tion of other ptrlnit
rquirements.
Emnptiontm
Compliance with othw
provisions of this code.
Amtndnitntt.
2135.010 Intent and purpose.
The village rcdcvelopmcnt tone is intended to
establish land use ckssifications and develop
standards and proccdurcs for that area of the city
d&bal in the Car&ad village arca rcdcvelop
mcnt plu as adopted by city council Ordinance
No. 9591. This zone adopts the land use classifi-
cations and dcvclopmcat standards of the Carl+
bad village arca rcdcwlopment plan and of the villqc design manual adopted pursuant to the
rcdtwlopmeat plaIl aa the zoaing for the arca
desigmed. (Oni. 9639 91 (part), 1982)
ATTACHMENT 7
2135.02@ haqoda ohbtlopanmt
P~~bdp=Udb
fef-
Thccatiskd~~raievelopmeatplaa
as tdopted by carisbad city couacil ordiaanco
No. 9S91 and the village design manual as
adopted by Carlsbad housing and rcdevclop
mcnt commission RcAution No. 14 arc her&y
adopted by rcfercncc and incorporated into this
chapter. (Or& 9639 0 1 (part), 1982)
2135.030 Land affected by Ms chaptes
,This chapttr shall apply only to lands locarted
within the bouadariu of the carkbad village arcwheboundariuofwhicharedc&bedintha cadbed village are8 redevdo~eat plan, (Od
9639 $ I (part), 1982)
213M40 W&ted usea.
only the uses spedal in the carisbad vii- law area redevelopment plan and the villm
dtsiga miud as pennittcd uses for partiCuW
properry in the village redevelopment area shall p
be permitted (Ord. 9639 9 1 (part), 1982) ’
2135.050 Conditiorul uses. Uses permitted as conditional uses by the
Carlsbad village area redevelopment plan and
the village design manual shall be permitted upon issuance of -a redevelopment permit approved according to this chapter. (Ord. 9639 $
1 (part), 1982)
2135.060 Gental regulations.
Subject to the provisions of Section 11.35.130
andexcept asotherwise provided by the Carlsbad
village redevelopment plan or the village design
manual, the regulations of this title which apply
to usts gtncralIy or g&rally to all zoning classi- fications shall apply to property and uses in this
tone. (Ord. 9639 $1 (part), 1982)
2135.070 Redevelopcntnt ptrmit.
No development, rcdevciopmcat. building or rebuilding shall occur in the arca subject to this
646
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21.3S.070
&#iUVdthOOh~ --m-P=-- h8Yingbrsmblth8~m4~ opmnr(co- 0% fb? mime projrco
ddlaad in B 21.33.08& by the m
review bat& (Od 9639 $1 (put), 19821
2135Me Mfr#rPwcS
A minor project incl*
(a) Requests not involving a structural
C-m (b) Projects involving a structural chang8
costing1U8thrnfiftythOwPadd0Unn; (c) Use ch8ngea in existing buildine;
(d)Newsignsorchangestoexist@rigpr
(Od. 9679 9 I (pm), 1983: Od. 9639 8 I (part),
1982)
213s.Oss Rndt rpplicatba
(a) An appktioa for a rcdevdopment JNP
mitm8ybemde.bytherecordowueforownm
of the pmperty ou wliich~~e devdopnmt is
proposed to be corwucted or the auth0riM
agents them% The application shail be fikt with
the director of building and planning upon forms
provided by the director, and shall be accom-
panied by plans in sufkient detaii to. allow
review pursuant to this chapter, a legal &scrip
tion of the property involved and an explanation
andde&ptioaoftheproposeduse.Thedk!or
of building and housing may prescribe the form
and content for such application. if the project involves the suWivision of tan& the application
shall be accompanied by a tentative map or ten- tative pad map, which shail be filed in accord-
ance with the provisions of Title 20 of this code.
If a subdivision map has previously been
recorded on the lot permitting the use of the
propcrtyforthepurposr# stated in the redevelop
ment permit applicatioa then a tentative m* or tentative pad map need not be fited The direc-
torofbuWngandp&nningsha4forwardthe
apolicsrtiontotheapptopriatecitydepurmeno
647
W neat not hold a public hearingonthe~u.ffthewmmittwdow . notceportoatheapplic&ati~t&tydays
ofthedatethsappIicatioaisnkrredtoit,the application shall bcdeemaito have kn recom-
mended for approval. Pursuant to Section
341205 of the Health and Safety Code. the corn-
mittee may, by m~lution, exciude ftom its
review m for aU or any ciadiation of
mojccts subkct to this chmtq
(c) Theappbtion3&llbeaazompanidbyr fwintheamountestW&edbycityc0UCil
resolution. (Ord. 1256 8 3 (part,, 1982: Otd 9639
9 1 @art), 1982)
2135.090 IhasmiW to &aim review bmrd.
Afbr ail nccasuy repom aed recommenda-
tiom hwe been recdved the director of building
and planning shall tmsmit the application for the redevelopment permit together with the
reportrr and the recommendations of the appro-
priate departments to the design review board for a public hearing. ANotice of the public hearing shall ix given as provided in Section 2 1.54.060( 1) of this code. (Ord. 1256 0 3 (part). 1982: Ord. . 9639 4 1 (part). 1982)
2135.100 Design review board action.
(a) The design review board shall hold a pub-
lic hearing on all redevelopment permits except
for minor projects. (b) For minor projects defined, in Section 21.35.080, the design review board shah consider the evidence and by resolution approve. condi-
tionally approve or deny the project. Such dcter- minatioo shall be made in accordance with this
code, the general plan, the Cartsbad village area
rcdeve!opment plan and the village design man- UaL
: . 21.35.1~
:a * .
(c) Rmll-~tb~~con- ,idertilesnidraorr~~~- tothaW~
approvtl, --- wmwloftlnprajectot
deaUoftheproject.~tirrsolutioashrll~
I moagothertbingsdhefactsandreasoaswhy L thebouddetembdtheappmva4condition8i appr0val or de&J to be co&tent with this chaptw The action of the board to deny the
permit is final unless appealed to the comm* sion. The action to approve or condition~y amve ia advisory to the commission and the
city cicrl~ &&l set the matten to public hearing before the c0mmisaiOa within thirty daya after
the adoption of the resolutioa.
(d) Notice of public hearings shall be given aa provided in Section 21.54.060(l) of this de.
(Ord. 9679 $1 (part). 1983: 0113.9639 9 1 (part). 1982)
2133.110 Appeal to hoasiag and
redevdopulmt commiukr_ Any inted m may appeal a design review board decision on a minor project or denial of any other project by filing a written appeal with the city cleric within ten days of the date of the decision. (Ord. 9679 8 1 (part), 1983:..
Ord. 9639 8 1 (part), 1982)
2 135.115 Housing and redeveiopawat
commission action. The housing and redevelopment commission shall hold a public hearing on a redevefopment permit which has been appealed or for which the
design review board has filed a report with the
city clerk At the public hearing, the housing and
redevelopment commission shall review the
design review boani’r report. shall consider the evidence and shall approve, conditionally * approve. or disapprove the permit. Such deter- mination shall be made in accordance with this code, the general plan, the Caclsbad village area redevelopment plan and the village design man-
ual. The housing and redevelopment coma&-
sion my nfkr the permit to the housing and
-.
rrdavdopwr#~~mmitcsfor~
~~-a.suchrepottaad~m. meada-~be~withiathLtydoysof
~--~hWillgUbIi~Op meWldvisoryc0~tteeneednot hoUapubli0
hearing on the P@a Notice of the public ha-
ing shall be given as provided in Section 21.54.06W) of this code. (CM. 97Sg 4 7, 1983; Ord. 9639 8 1 (part), 1982)
2135.120 Consolidadoa of otbw pennit
rquirefneatsm Whenever a project would require a permit or
approval under the pnwisioas of this title, not-
tithsUafS4 this chapter, the redevelopment
permitsbUbedeem~to~thefq~
menO for web peratit or appm* proviw
however, that in cckidering the redevelopment
pemtit for said project the design review board
and the housingaad redevdopment commission
shaUapplytheprwisionsofthischapterandthe
provisions of this title othenvise applicable t0 such other permit or approval for the projen
(Ord. 9639 91 (part), 1982) . .
2135.130 Exemptioai (a) The housing and redevelopment commis-
sion is authorized to grant exceptions from the
limits. restrictions and controls established by this chapter if the commission finds that:
(1) The application of certain provisions of this chapter would result in practical diffkuitics or unnecessary hardships which would make development inconsistent with the general pur-
pose and intent of the Carlsbad village area rede-
velopment plan: (2) There are exceptional circumstances or
conditions unique to the property or the pro- posed development which do not generally apply to other properties or developments which have
the same standards. nstrictiork and controls: (3) The granting of an exemption will not be
injurious or materially detrimental to the public
wdf’ other properties or improvements in the
project m and
648
a ---
21.33.130 ’
(4) The$mnh@ofra~~will not
cotmdkttbr- -8blh&diatb~
Rwim-~4mbtio8~~
shalneplvcesdiEths~m8lmu~
lishatbythisC~for1~~
mit. In grantinn an exemption, the housin$ and
mbvdopamt commission my imm Such
conditions as are am to ~roaecl the public k&h, s&ty and weIf=. (Ord. 9639 !jl (part).
1982)
2135.140 Com@hnca with othrs pnwisbm
ofthiscoda
Rojecu developed pumlaat to this chapter shall be subject to all other applicable pwisionr
of the C&i&& MU&@& Code, indw b
mt limited to those provisioa~ of Titles 18, 19 and 20. NM= 9639 9 1 (part), 1982)
2135.159 Awdr#b AmendmenU to t&e Carhbad village are8
fcdcYeiopmentplanortheviilngtdesiga manual
Shdlb8damcdtOkameadmeaatOthiSChap w, provided, however, that such amendments
are prowsed and aoticcd in a manner whick
meets the rquirements of Chapter 21.52 of this
code. Amendment of the village design manual
by housing and redevelopment commissioa tcs~
0l~tion shall be deemed to sairpy the require
mentsofChapterZL32 OfthhCOd&plWi&dall
otherrequirementsaremtt.(Ord.9639 9 1 (par%
1982)
649
Notice of Exemption ATTXtiMENT 8
. To: _ Office of Planning and Research prom: Crty of Carlsbad * 1400 Tenth Street, Room 121 Planning Department
Sacramento, CA 95014 2075 Las Palmas Dr.
Carkbad, CA 92009
x county Clerk (619) 438-l 161 County of San Diego Attn: Mail Drop C-l 1
220 West Broadway
San Diego, CA 92101
Project Title RP 91-2 - PERL FAMILY TRUST
Project Location - Specific 3055 and 3065 MADISON STREET - APN: 203-305-12
Project Location - City: C&bad Project Wtion - County San Dieno
Description of Project: THE CONVERSION OF TWO SINGLE STORY. FREE STANDING 880
c s u RES/USE$.
Name of Public Agency Approving Project: CtTY OF CARLSBAD
Name of Person or Agency Carrying out Project: MORT O’GRADY
Exempt Status: (Check one)
- Ministerial (Sec. 21080(b)(l); 15268);
- Declared Emergency (Sec. 21080(b)(3); 15269(a));
- Emergency Project (Get. 21080(b)(4); 15269(b)(c));
x Categorical Exemption. State type and section number: C&SS 3
- Statutory Exemptions. State code number:
Reasons why project is exempt: CONVERSION OF TWO 880 SOUARE FOOT RESIDENTIAL
STRUCTURES TO NON-RESIDENTIAL STRUCTURES/USES.
L=bF=Y
Contact Person: ERIC MUNOZ Area Code/Telephone/: (6191 438-1161. X 4441
If filed by applicant: Extension
1. Attach certified document of exemption finding.
2. Has a notice of exemption been filed by the public agency approving the project? _ Yes _ No
Signature: MICHAEL J. HOLZMKLER Date: Title: Planninn Director
0 Signed by Lead Agency
q Signed by Applicant
Date received for filing at OPR:
ENM:lh
.
Reid October 1969
c
--’ I Mail all c&respondence regarding public no&e a&e$i$$ to
W.C.C.N. Inc. P - Box 230878, Encinitas, CA 9202 7878 (619) 7534543
ATTACHMENT 9
STATE OF CALIFORNIA, ss.
COUNTY OF SAN DIEGO,
Proof of Publication
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
I am principal clerk of the printer of the Carlsbad Journal, a newspaper of general circulation,
published weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper
is published for the dissemination of loca1 news and intelhgence of a genera1 character, and which
newspaper at all times herein mentioned had and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established, printed and published at regular intervals in the
said City of Oceanside, County of San Diego, State of California, for a period exceeding one year next
preceding the date of publication of the
NOTICE OF NallZIufwCordrdLatbe~
~~hn&oso, Callfomia. MN: notice hereinafter referred to; and that the PUBIJC HEARING Those porsow rtrluos to weak on tht1 proposal mu cordI& ~~~
notice.of which the annexed is a printed
ad to attend the public heorlos If you hove ooy qoeitlooh PAW- Cd
copy, has been published in each regular
Debbie FouaWo IO the HoulioS and entire issue of said newspaper and not
in any supplement thereof on the follow-
ing dates, to-wit:
N0TK.Z IS HSRBRY GIVEN that thdWgORWl~UBOUdOfth.Cl4 of cubed till held a public hear- i~atthecouoeuclumbeN1100 Cadabad VIIlase Drive (foroierb mm AVWUO~, CarhhmL California. It 5:09 p.n 00 WedwsdaY, October ia i9w 00 ~00stder l ppr0-I or a request for l Minor RedwoloP mwt Fumit to chwge the we of two (SI m oquum foot residential st~ctu~# to &all l stoblkahmenCI l ,(RW3999NdtU~StNdI0th vulaga Rdawlopmti (VR) zona The Oeaeral Plro driglotloo Ir CentA Bualoeu DIatrkt oo prop- erty geoerally locad at 3aMw99 Mad-0 Street ood more paticu- Iarly Aercribd u:
and Fledevelopmoot Deportmoot ot awasa If you eluIb~ the Yioor Rede- velopmeot Permit in ceourt, you my be limited to raising only thor luuea you oc umeoo. elaa Niaod
l t the public her&u dwcribed 10 this 00Uee or in wruteo eorNrPob dmcedellveredtolhoCl~~~Cul, hod l t or prior to the public bear- October 03 1991
m. Cue File: RP 91-S ~ppllcrot: Per1 Family Rub CITY OF CAMSBAD DESIGN REVIEW BOARD
19-
19- Lot ?a, 29 and n of Block 39. rap
19-
I certify under penalty of perjury that the
foregoing is true and correct. Executed at
Carlsbad, Count..hlf3$q Diego, State of California on
day of October, 1991
/ Clerk of the Printer
!
.. - t- .
I .- ,L
.
ATT-CH-MENT 10
= 3 ga
B s E d d 6 8
I % nf if t 3P