HomeMy WebLinkAboutRP 92-05; JP Mortgage; Redevelopment Permits (RP) (9)r
COASTAL ZONE
1
VILLAGE REDEVELOPMENT
VLLAGE REDEVELOPMENT ZONE BOUNDARY
CAUPORMA COASTAL ZONE BOUMVUry
City of Ciriskid
1AXT0N BROWN PARK IMPROVEMENTS RP 92-6/
CDP 92-5
ITEM 2
APPUCATION COMPLETE DATE:
AUGUST 14. 1992
STAFF REPORT
DATE: OCTOBER 7, 1992
TO: DESIGN REVIEW BOARD
FROM: PLANNING DEPARTMENT
SUBJECT: RP 92-05 - J. P. MORTGAGE - Request for a Minor Redevelopment Permit
for conversion of a single family residence and garage to an office and
warehouse use located at 3071 Jefferson Street in Sub-area 7 of the ViUage
Redevelopment Zone within Local FaciUties Management Zone 1.
I. RECOMMENDATION
That the Design Review Board ADOPT Design Review Board Resolution No. 196
APPROVING RP 92-05 based on the findings and subject to the conditions contained
therein.
n. PROJECT DESCRIPTION AND BACKGROUND
The appUcant is requesting a minor Redevelopment Permit to aUow the conversion of an
existing single-story, 850 square foot single family residential stmcture to a mongage office
and 300 square foot garage to a warehouse. The appUcant is proposing no stmctural
alterations, however, ininor alterations wiU be necessary to convert the stmctures to a B-2
(commercial) occupancy as required by the Uniform Building Code. The site is currentiy
surrounded by commercial uses and daycare to the north and west and residential uses
directiy to the south and east. With the exception of a front lawn, there is very Uttie
existing landscaping provided onsite. A six (6) foot chain link fence located behind the
front and rear yard setbacks surrounds the stmctures.
Proposed site improvements indude the addition of 5 parking spaces along the rear
property line adjacent to the aUey, a pedestrian walkway from the rear parking area, a
handicapped access ramp, and landscaped planters aroimd the lot perimeter and building.
The existing shed located behind the garage and the television antenna wiU be removed.
The proposed project is located within Sub-area 7 of the ViUage Redevelopment Area which
is designated for mixed residential and commercial/ofiice uses. Commercial/ofGce
developments within this area are to provide amenities such as landscaping and screened
onsite parking to ensure compatibiUty with adjacent residential development.
RP 92-05 - J. P. MORTd^E
OCTOBER 7, 1992
PAGE 2
nr. ANALYSIS
Planning Issues
1. Does the project comply with the RMH/O General Plan designation and ViUage
Redevelopment Zone?
2. Does the project meet the goals of Sub-area 7 and comply with the development
and design standards specified in the ViUage Design Manual?
3. Does the project comply with aU appUcable zoning ordinances as contained in the
Carlsbad Municipal Code?
DISCUSSION
General Plan/Zoning
The proposed office use is consistent with the dual RMH/O General Plan designation since
it is intended that offices designed for compatibiUty with single and multiple family uses
wiU be developed in the area. The mongage office use is permitted within Sub-area 7 of
the ViUage Redevelopment Zone where mixed uses are encouraged.
Village Redevelopment Design Criteria and Development Standards
The primary goal of Sub-area 7 is to encourage the continuation of mixed development in
the area and to ensure that residential and commercial/office development is compatible.
Design criteria for office development in this area require enhanced landscaping and
sensitive placement of off-street parking. Proposed onsite landscaping includes additional
hedges, trees, shmbs, groundcover, and hardscape which wiU screen the existing chainlink
fence and parking from residential development and visuaUy enhance the site. The location
of proposed parking along the rear property line adjacent to the aUey is consistent with
surrounding development and should not detract froia the neighborhood. Since access to
parking is provided by a 20 foot wide aUey, the appUcant has recessed parking spaces an
additional four (4) feet mside the property line to provide the required 24 feet of back-up
distance.
Other site enhancements include the removal of a very large television antenna which the
appUcant has indicated is not required for the operation of the proposed mortgage office,
and an existing storage shed located in the rear yard wiU be removed to aUow the
instaUation of additional landscaping.
The proposed office conversion project compUes with height, coverage, setback, and
landscape requirements spedfied by the Village Design Manual. The office conversion
requires four (4) onsite parking spaces, and five (5) spaces induding one handicapped
space are proposed.
RP 92-05 - J. P. MORTGAGE
OCTOBER 7, 1992
PAGE 3
IV. ENVIRONMENTAL RKVTFW
Because this project is a use conversion within an existing stmcture and involves only
ininor alterations to the stmcture, the Planning Director has determined that the project
is exempt from environmental review as stated in Section 15303(b) of the Califomia
Environmental Quality Act and has, therefore, issued a Notice of Exemption.
ATTACHMENTS
1. Design Review Board Resolution No. 196
2. Location Map
3. Background Data Sheet
4. Local FaciUties Impact Assessment Form
5. Disclosure Statement
6. Exhibits "A" - "D" dated October 7, 1992
AGENDA
City of carlsbad
Design Reviev Board
October 7, 1992
5:00 P.M.
1200 Carlsbad village Drive
NOTICE TO THE PUBLIC:
1. The Design Review Board must adjourn no later than 6:00 p.m.
2. Meetings are divided into categories shown below.
3. When you are called to speak, please come forward and state
your name and address.
CONSENT AGENDA;
If you desire to talk about Consent Items a written "Request to
Speak" form must be filed with the Minutes Clerk prior to the time
the Consent Agenda is called. The items listed under Consent
Agenda are considered routine and will be enacted by one motion as
listed. There will be no separate discussion on these items prior
to the time the Board votes, unless an item is removed.
PUBLIC COMMENT: If you desire to speak about an item not listed on
the agenda, a "Time Reservation Request" form should be filed with
the Minutes Clerk. A total of 15 minutes is provided for the
Public Comment portion of the Agenda.
In conformance with the Brown Act, no action can occur on items
presented during Public Comment.
PUBLIC HEARINGS: It is not necessary to file a written request to
speak on items listed on this agenda as Public Hearings.
ALL OTHER CATEGORIES: For all other agenda items a "Request to
Speak" form must be filed with the Minutes Clerk before the item is
announced. There is a five (5) minutes time limit for individual
speakers.
"All persons requiring assistance or auxiliary aids In order to
effectively participate may contact Housing & Redevelopment
Department at least 24 hours prior to the meeting to arrange for
reasonable accommodations."
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES
August 19, 1992
ABSENT:
ACTION:
VOTE:
COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED IN THE AGENDA
Please limit your comments to three minutes. (A total of five
speakers may be heard.)
PUBLIC HEARING:
1. RP 92.8/CDP 927 LAGUNA DRIVE IMPROVEMENTS
Request for a Minor Redevelopment Permit
and Coastal Development Permit for the
construction of sidewalks and curbs on
Laguna Drive in Sub Area 6 of the Village
Redevelopment Zone, in Local Facilities
Management Zone 1.
RESO. NO.
ACTION:
VOTE:
CC DATE:
RESO. NO.
ACTION:
VOTE:
CC DATE:
12±
Staff recommendation: APPROVAL
DEPARTMENTAL REPORTS:
1. RP 92-5 J.P. MORTGAGE
Request for a Minor Redevelopment Permit
for conversion of a single family
residence and garage to an office and
warehouse use located at 3071 Jefferson
Street in Sub Area 7 of the Village
Redevelopment Zone within Local Facilities
Management Zone 1.
RESO.
ACTION:
VOTE:
CC DATE:
Staff recommendation: APPROVAL
ADJOURNMENT
Minutes of:
Time of Meeting:
Date of Meeting:
Place of Meeting:
DESIGN REVIEW BOARD
5:00 P.M.
August 19, 1992
CITY HALL COUNCIL CHAMBERS
CALL TO ORDER:
Chairman Noble callea the Regular Meefing to order at 5:05 p.m.
ROLL CALL:
Chairman Noble, Members Erwin, Gonzales, Rowlett, Savary Present:
Staff Present Debbie Fountain, Acfing Housing and Redevelopment Director
Karen Hirata, Deputy City Attorney
Karen Sauer, Management Analyst
Michael Grim, Assistant Planner
Bob Wojcik, Principal Engineer
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Chairman Noble.
APPROVAL OF MINUTES:
ACTION: Motion by Member Savary, and duly seconded, to approve the Minutes of the Regular
Meefing of May 20,1992, as submitted.
AYES: Chairman Noble, Members En/vin, Gonzales, Savary
NOES: None
ABSTAIN: Member Rowlett
ABSENT: None
ACTION: Motion by Member Savary, and duly seconded, to approve the Minutes of the Regular
Meefing of June 3,1992, as submitted.
AYES: Chairman Noble, Members Enwin, Rowlett, Savary
NOES: None
ABSTAIN: Member Gonzales
ABSENT: None
COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA:
There were no requests to address the Board.
PUBLIC HEARING:
1. RP 91-1/CDP 91-1 - KA'FANA
Request for amendment to minor redevelopment permit to allow outdoor seafing at existing 800 s.f.
gourmet coffee house at 3076 Carlsbad Boulevard in Sub Area 5 of the Village Redevelopment Area.
Debbie Fountain, Acting Housing and Redevelopment Director, reviewed the background of the request
and stated that in July 1991 the applicant received a minor redevelopment permit and coastal development
permit for a gourmet coffee house with indoor seating, with a condition that no outdoor seating or outdoor
food sen/ice be allowed due the lack of adequate parking. On June 25,1992, the operators of Ka'Fana,
Bev and Jim Gillespie, submitted a letter and petition to the Housing and Redevelopment Department
DESIGN REVIEW BOARD August 19, 1992 PAGE 2
requesting an amendment to their permit to allow outdoor seafing with a maximum of 15 tables and
accompanying chairs. Because many other businesses in the Village area are offering outdoor seafing
without specific approval during the hot weather, Ka'Fana was given tentative verbal approval to have
outdoor seating until and if a complaint was received. The letter Indicated that the outdoor tables are
critical to the success of the business. Seven letters and a 50 page petition supporting the outdoor seating
have been received and are on file in the Housing and Redevelopment Department.
Staff, the Master Plan Advisory Committee, and Cannon Design Group, the Consultant for the Master Plan,
are supportive of outdoor dining/seating in the Redevelopment Area because it adds to the ambiance of the
Village. Since it is anticipated that design standards will soon be in place which will allow outdoor
dining/seating with reduced parking requirements, staff recommends that the Ka'Fana operators be
allowed to place 15 tables and 60 chairs on their pafio at this time. As soon as the new guidelines are
adopted, the project permit will be reconsidered for compliance purposes.
Member Gonzales inquired how many chairs are outside at the present time. Ms. Fountain replied that she
believes the applicant has 15 tables and 60 chairs available but that verification should be provided by the
applicant.
Member Envin inquired if the outdoor seating will be in violation of the Parking Ordinance. Ms. Fountain
replied that the parking requirement for restaurants is based on total gross floor space (1:100 s.f.). The
gross floor space at Ka'Fana is 800 s.f. which requires eight parking spaces. Ka'Fana does provide the
eight required parking spaces; however, the addifion of outdoor dining tables technically increases the
parking requirement. Staff has observed that the majority of Ka'Fana customers either walk or bicycle to
the restaurant and therefore believes that parking will not be a problem, even though additional parking
would be needed under the current interpretation of the code.
Karen Hirata, Deputy City Attorney, commented that this should not be considered a vioiation of the
ordinance because outdoor seating is not addressed in the Parking Ordinance. She believes it was an
oversight. If outdoor food sen/ice is provided, it becomes a different matter. The City Attorney feels that
this is a special situation which wili be addressed in the Master Plan review.
Member EnA^in inquired if staff feels we should allow a vioiation of the ordinance. Ms. Hirata replied that
this is a gray area due to the special circumstances. Staff is taking a neutral position.
Member Erwin is concerned that allowing the outdoor seating at Ka'Fana will invite others to do the same.
Ms. Fountain replied that outdoor seating has been allowed in the past because it is not specifically
addressed in the parking ordinance.
Member Gonzales inquired if it can be considered a gray area when it was specifically prohibited in the
original permit. Ms. Hirata replied that staff has changed their interpretation of the ordinance. If the permit
were issued today, the condition would be worded differently because outdoor seating is not addressed in
the Parking Ordinance.
Member Savary inquired whether the lack of sufficient parking wili impact other parking in the area. Bob
Wojcik, Principal Engineer, replied that no parking is allowed in front of the coffee house. At the present
time, customers who drive must park on a side street. Staff does not feel there is any impact if people are
parking legally.
Chairman Noble opened the pubiic tesfimony and issued the invitation to speak.
Richard Bentiift, 523 No. Vulcan, Leucadia, addressed the Board and stated that he is a regular patron of
Ka'Fana. Although he drives a vehicle to the coffee house, he has never had a problem finding a parking
place. He urged the Board to approve the outdoor seating because it adds to the ambiance of Carlsbad.
DESIGN REVIEW BOARD August 19, 1992 PAGE 3
Daniel Soto, owner/operator of El Corral Pottery, Carlsbad, addressed the Board and stated that his
business is very close to Ka'Fana. He feels there is insufficient parking in the area, which has a detrimental
effect on his business. He is concerned that if Ka'Fana is allowed to violate the Parking Ordinance, that
other businesses will see it as a green light to do the same.
Bev Gillespie, applicant, addressed the Board and stated that Ka'Fana currently has eight parking spaces
behind the building which are seldom used because most of the patrons either walk or ride a bicycle. A
large majority of her patrons are tourists. Because she had so many requests for outdoor seating, she
called the City and was given "unofficial" permission to put tables out, unfil and if a complaint was
received. She hopes the Board will allow her to continue the outdoor seating but will abide by whatever
decision is made.
Member Erwin inquired who had given her the "unofficial" permission and Ms. Gillespie replied that it was
Debbie Fountain, Acting Housing and Redevelopment Director.
Ms. Fountain commented that the permission was only given unfil the issue is addressed in the Master
Plan, which is currently being worked on. She added that there are many businesses who have outdoor
seating. The issue is complicated by the fact tht the parking ordinance does not address outdoor seating.
Outdoor seating has been permitted until the Master Plan is completed and guidelines have been
developed to address the issue.
Andy Brombaugh, 3760 Monroe, Carlsbad, addressed the Board and stated that he is a almost daily
patron of Ka'Fana and he has never obsen/ed a traffic or parking problem in the area. He realizes that we
are dealing with a City ordinance but he hopes the Board will give consideration to allowing the outdoor
seating. He thinks it is nportant for the community and tourists, not to mention that it also provides jobs.
Marilyn Wild, 4525 Cove Drive, Carlsbad, addressed the Board and stated that she goes to Ka'Fana daily.
She knows many people who walk for exercise that stop at Ka'Fana for a cup of coffee and a short rest.
She is in favor of the outdoor seafing.
J. C. Quinn, Carlsbad, addressed the Board and stated that he is a customer of Ka'Fana and has never
had a parking problem. If the City is concerned atx)ut the parking, he suggested they put up a no parking
sign and ticket violators for additional revenue.
John Grant, 7173 Obalisco, La Costa, addressed the Board and stated that he owns property near
Ka'Fana. He hopes the outdoor seating will be allowed because he thinks it adds ambiance to the City. He
has just returned from a trip to Canada and all restaurants there provide outdoor seating during the
summer months when the weather is nice. They do not concern themselves with the parking. Mr. Grant
feels that as long as the outdoor seating doesn't intertere with police, fire, or disabled persons, it should be
allowed.
Marian Bunsby, Banbury Court, Carlsbad, addressed the Board and stated that she is a regular customer
of Ka'Fana and goes there because of the outdoor seafing. She hopes it can confinue.
Member Savary is in favor of approval.
Chairman Noble feels that a precedence has been set by the businesses on State Street. He has watched
Ka'Fana since it first opened and has never seen a lack of parking in or around it. There is always a lot of
available on-street parking in the area. He seldom even sees cars parked along the side streets.
Member Emm was originally going to vote against it because it violates the Parking Ordinance but he will
vote for approval since the applicant received cursory approval from staff. He advised the applicant to be
prepared for the possibility of a Parking Assessment District.
DESIGN REVIEW BOARD August 19, 1992 PAGE 4
Member Rowlett will vote for the outdoor seating because it is only being approved until the Master Plan for
the Village is completed. He, too, advised the applicant to be prepared to join a Parking Assessment
District in the future.
There being no other persons desiring to address the Board on this topic, Chairman Noble declared the
public testimony closed and opened the item for discussion among the members.
ACTION: Motion was made by Member Erwin, and duly seconded, to adopt Design Review
Resolution Nos. 192 and 193 approving an amendment to RP 91-1/CDP 91-1 to allow
15 tables and 60 chairs to provide outdoor seating at the Ka'Fana Gourmet Coffee
House located at 3076 Carisbad Boulevard until the Master Plan for the Village
Redevelopment Area is complete and guidelines for outdoor seafing and/or dining have
been approved by the City Council/Housing and Redevelopment Commission. No food
service to the outdoor tables will be permitted at this time.
AYES: Chairman Noble, Members Erwin, Gonzales, Rowlett, Savary
NOES: None
ABSTAIN: None
ABSENT: None
2. RP 83-14(A) - SEA BREEZE REALTY
Request for a minor redevelopment permit amendment to allow the construcfion of an office and
storage area at an existing commercial office on the southwest corner of Carlsbad Boulevard and
Beach Avenue in Sub Area 5 of the Redevelopment Area.
Karen Sauer, Management Analyst, stated that in terms of the financial impact of this project, the
improvements would amount to approximately $7,400, of which Redevelopment would receive 1% ih tax
increment funds.
Michael Grim, Assistant Planner, gave the staff report and stated thatthe applicant is requesfing an
amendment to an existing Minor Redevelopment Permit to expand an existing real estate office and
storage area at Sea Breeze Realty. The office area is parfially constructed and the storage area has
existed for over 10 years. This would be an interim use since the property owner, St. Michael's
By-the-Sea, is currently preparing an ultimate deveiopment plan for the site which would remove several
of the commercial structures on the property. Staff recommends approval
Member Erwin inquired if the interim use would be 5 or 10 years. Mr. Grim replied that it would be up to
St. Michael's. Ms. Sauer added that St. Michael's is currently working on Phase I. When that is complete,
she expects them to resume working on the ulfimate development pian.
Member Savary noted that the sign on the realty office states Ranch & Sea Realty rather than Seabreeze
and wondered if this could create a legal problem. Mr. Grim replied that Seabreeze was the original
applicant and the Planning Department tracts the site under the first applicant, regardless of how many
fimes the parties change.
Chairman Noble issued an invitation to the public to speak.
Barbara McLain, 1633 So. Pacific, Oceanside, addressed the Board and stated that she is the applicant
and has rented the building for the last ten years. She now shares the space with Ranch & Sea Realty.
She requested permission to proceed with the expansion.
There being no other persons desiring to address the Board on this topic, Chairman Noble opened the item
for discussion among the members.
9
DESIGN REVIEW BOARD August 19, 1992 PAGE 5
ACTION: Motion was made by Member Envin, and duly seconded, to adopt Design Review Board
Resolution No. 191, approving RP 83-14(A), based on the findings and subject to the
conditions contained therein.
AYES: Chairman Noble, Members Emm, Gonzales, Rowlett, Savary
NOES: None
ABSTAIN: None
ABSENT: None
ADJOURNMENT:
By proper motion, the Regular meeting of August 19, 1992 was adjourned at 5:52 p.m.
Respectfully submitted.
DEBBIE K. FOUNTAIN
Acfing Housing and Redevelopment Director
BETTYBUCKNER
Minu^s Cl^k