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HomeMy WebLinkAboutRP 88-01; Lubin Chiropractic Office; Redevelopment Permits (RP)ITEM 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 DESIGN REVIEW BOARD RESOLUTION NO. \ A RESOLUTION OF THE DESIGN REVIEW BOARD OF/THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MINOR RTOEVELOPMENT PERMIT TO OPERATE A CHIROPRACTOR'S OFFICE AT 3021 JEFFERSON STREET. APPLICANT: MARSHALL LUBIN CASE NO.: RP 88-1 1 City\of Carlsbad and referred said verified ai WHEREAS, a verified application h^s been filed with the Design Review Board; and ktion constitutes a request arlsbad Municipal Code; and provisions of the Municipal Review Boa;i^d did, on the 20th day of April id appli/^ation on property described as: pursuant to as provided by Title 21 of WHE: Code, the Des 1988, consider Legal Description Lots 19 and 20 County of San Diego Map thereof No/ 7x5. Block 48 in the City of Carlsbad, , State of California according to NOW, THEREFO Review Board of A) . That the B) . BE \T HEREBY RESOLVED by the Design he City ofCarlsbad as follows: tions are true and correct. oregomg recii That based on the evidence recommends APPROVAL of RP 8i findings and conditions, >resented, the Board 1, based on the following Findings: 1. T project complies with the overt .lage Design Manual and the develi le Village Redevelopment Zone. goals of the )ment standards of ?he site is physically suitable for the^ intensity of development since the site size and shape to accommodate a medical parking as proposed. ^type and \s adequate in Lfice and All necessary public improvements have been provided or will be required as conditioned of approval. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Central Business District uses on the General Plan.