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Home My WebLink AboutRP 06-08; Homelife Village Realtors; Redevelopment Permits (RP) (2)Citv of Carlsbad Housing & Redevelopment Department April 18. 2007 ATTN: GARY NESSIM HOIVIE LIFE VILLAGE REALTORS 2898 STATE ST. CARLSBAD, CA 92008 Re: County Clerk Filing Fee (RP 06-08) Dear Mr. Nessim: On November 7, 2006, the Housing and Redevelopment Commission approved your request to appeal of the Design Review Board's decision to uphold the Housing & Redevelopment Director's decision denying an Administrative Redevelopment Pennit (RP 06-08) to convert an existing retail space to an office use at 2898 State Street in Land Use District 1 of the Carlsbad Village Redevelopment Area. An environmental review is required for ali land use permit applications, in which this project was exempt from any CEQA (Califomia Environmental Quality Act) review. As part of the exemption process, the lead agency (City of Carlsbad) is required to file a Notice of Exemption with the San Diego County Clerk. As of January 1, 2007, the County Cleric is now charging a documentary handling fee of $50. According to our records, we have not collected the $50 for the County Clerk documentary filing fee. Until the fee is collected and the Notice of Exemption can be filed, any local pemiits issued for the project are invalid. Please send a check made out to the San Diego County Clerk in the amount of $50 to the Housing and Redevelopment office in order for us to resend the Notice of Exemption to be recorded and filed. I apologize for any inconveniences. I have attached a copy of the letter from the office of the San Diego County Clerk as well as the Notice of Exemption. If you have any questions regarding the information contained in this letter, please contact my office at (760) 434-2813. Sincerely, AUSTIN SILVA Assistant Planner 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037 @ f citv of Carlsbad Housing & Redevelopment Department July 11,2006 ATTN: GARY NESSIM HOME LIFE VILLAGE REALTORS 530 GRAND AVENUE CARLSBAD, CA 92008 Re: Redevelopment Permit 06-08 Appeal Dear Mr. Nessim: As you know from prior correspondence, dated July 6, 2006, your application for an Administrative Redevelopment Permit (RP 06-08) to operate a real estate office at property located at 2898 State Street was denied. The reasons for the denial were stated in prior letter correspondence and prior meetings with staff. The purpose of this correspondence is to remind you that you have ten (10) calendar days from the denial letter sent to you on July 6, 2006 to appeal the decision made by the Housing & Redevelopment Director. As we discussed in our meeting today, the fee for the appeal is $560.00 and must be accompanied by the appeal application, which I handed to you today. In case you may have misplaced the appeal application I have enclosed one for your convenience. As a courtesy to you, we will give you until 5:00pm Monday (July, 17, 2006) to submit the appeal application and fee. Once the application is received staff will begin preparing the necessary documents for the appeal hearing. If you do wish to appeal the decision of the Housing & Redevelopment Director please submit your application as soon as possible. If you have any questions regarding the information contained in this letter, please contact my office at (760) 434-2813. Sincerely, CITY OF CARLSBAD CLIFF JONES Assistant Planner Housing and Redevelopment Director File 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037 @ Citv of Carlsbad Housing & Redevelopment Department July 6, 2006 ATTN: GARY NESSIM HOME LIFE VILLAGE REALTORS 530 GRAND AVENUE CARLSBAD, CA 92008 Re: Redevelopment Permit 06-08 Dear Mr. Nessim: On July 6, 2006 the Housing and Redevelopment Director denied Administrative Redevelopment Permit No. RP 06-08 to operate a real estate office at property located at 2898 State Street. As we have discussed, the land use regulations set forth for the subject property in the Village Master Plan and Design Manual do not encourage the operations of your business at the proposed location. Your business is classified as an office use, which is a provisional use within Land Use District 1. This means that the use is subject to discretionary approval based on findings that the use is consistent with the Village vision and goals. Additionally, consideration of the use requires special scrutiny concerning location, size, and anticipated impact on adjacent uses and the Village as a whole. Office uses are allowed within District 1 only if an office use is replacing an existing office use at the same location, or if the office use is determined not to have an impact on surrounding uses and does not break up the retail continuity. The intent of the land use standards for District 1, also known as the Village Center, is to reinforce the pedestrian shopping environment, encourage mutually supportive uses, and provide a major activity focus for Carlsbad Village and the City as a whole. The Village Center has and continues to function as a strong retailing center, serving City residents as well as tourists and regional visitors. "Permitted" land uses in District 1 include retail sales, certain commercial uses, and restaurants as they are the preferred uses in the areas of highest pedestnan activity. Since the subject property has frontage along both State Street and Grand Avenue (streets of high pedestrian activity) staff cannot support an office use at the proposed location as an office use has been determined to break up retail continuity along both blocks. Therefore, the Housing and Redevelopment Director has denied your application (RP 06-08) The decision of the Housing and Redevelopment Director is subject to a ten (10) day appeal period to the Design Review Board. If you wish to appeal the decision of the Housing and Redevelopment Director, you must file a written appeal to the Housing and Redevelopment Department within ten (10) calendar days of this decision. The cost for an appeal of the Director's decision is $735 ($560 for appeal + $175 for noticing) plus postage for the noticing. For more information regarding the appeal process, please contact the Housing and Redevelopment Department at (760) 434-2810. If you have any questions regarding this correspondence, please contact my office at (760) 434- 2812. AUSTIN SILVA Planning Technician 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037 ^ ^Itv of Cgfrlsbad Housing & Redevelopment Department June 8, 2006 ATTN: GARY NESSIM HOME LIFE VILLAGE REALTORS 530 GRAND AVENUE CARLSBAD, CA 92008 Subject: Dear Gary: Homelife Village Realtors, Administrative Redevelopment Permit RP 06-08 Thank you for applying for a Administrative Redevelopment Permit in the City of Carlsbad. The Housing and Redevelopment Department has reviewed your Redevelopment Permit, application No. RP 06-08, as to its completeness for processing. The application is incomplete, as submitted. The attached list includes information that must be submitted to complete your application. This list of items must be submitted directly to the Housing & Redevelopment Office. All list items must be submitted simultaneously and a copy of this list must be included with your submittal. No processing of your application can occur until the application is determined to be complete. When all required materials are submitted to the Redevelopment Office, the City has an additional thirty (30) days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed. May 24, 2006, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. Please contact my office at (760) 434-2812, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, Austin Silva Planning Technician c: Debbie Fountain, Housing and Redevelopment Director Cliff Jones, Assistant Planner Enclosures 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037 @ Homelife Village Realtors 06/08/2006 Page 2 of2 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION RP06-08 Staff has completed a review of the subject project for application completeness. The application submitted for this project is incomplete at this time. The following additional item is required to find the application complete. (Please note, the issues are listed under the department which identified them as an area of concern.) Housing & Redevelopment: 1. Administrative Redevelopment Permit Public Notification Package which includes the following information: a. A typewritten list of the names and addresses of all property owners within a 300' radius of subject property (including the applicant and/or owner). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. b. 300' Radius Map: A map to scale not less than 1" = 200' showing each lot within 300' of the exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owners list. c. Two (2) separate sets of mailing labels of the property owners within a 300' radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified, void of punctuation. For any address other than single-family residence, an apartment, suite or building number must be included on a separate line. DO NOT include it in the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith Mrs. Jane Smith MRS JANE SMITH 123 Magnolia Ave., Apt #3 123 Magnolia Ave. APT 3 Carlsbad, CA 92008 Apt. #3 123 MAGNOLIA AVE Carlsbad, CA 92008 CARLSBAD CA 92008 This public notification package information can be prepared by the San Diego County Assessor's Office or by a Title Company. Citv of Carlsbad Housing & Redevelopment Department May 22, 2006 JOE MCDONALD 2016 SHERIDAN ROAD ENCINITAS, CA 92024 Re: Permitted uses at 2898 State Street Dear Mr. McDonald, The purpose ofthis letter is to follow up in writing the concerns I discussed with you on the phone last week regarding one ofyour office tenants impending plan to move to 2898 State Street. As you are now aware, the above mentioned property falls within Land Use District 1 of the Carlsbad Village Redevelopment area. I have included documents from the Carlsbad Village Redevelopment Master Plan relating to District 1 for your review. District 1, also known as the Village Center, is a pedestrian-oriented center of retail activity in the Village. The intent of the land use standards for District 1 is to reinforce the pedestrian shopping environment, encourage mutually supportive uses, and provide a major activity focus for Carlsbad Village and the City as a whole. The Village Center has and continues to function as a strong retailing center, serving city residents as well as tourists and regional visitors. "Permitted" land uses in District 1 include retail sales, certain commercial uses, and restaurants as they are the preferred uses in the areas of highest pedestrian activity. Since the subject property is in an area of high pedestrian activity (located within the core of the Village at the corner of State Street and Grand Avenue) and across the street from a prominent public gathering space (the public water fountain), a retail or restaurant use that would reinforce the pedestrian shopping environment of downtown is highly encouraged. City staff has recently become aware that an office use plans to move to this prominent location within the Village and replace the retail use that currently exists. As you are now aware, office uses are classified as "provisional" uses and will only be permitted if they do not upset retail continuity. This means that the use is subject to discretionary approval based on findings that the use is consistent with the Village vision and goals. This will require special scrutiny concerning location, size, and anticipated impact on adjacent uses and the Village as a whole. Office uses are allowed within District 1 only if an office use is replacing an existing office use at the same location or if the office use is determined to not have an impact on surrounding uses and does not break up retail continuity. Since the subject property has frontage along both State Street and Grand Avenue (streets of high pedestrian activity) staff cannot support an 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037 office use at this location as an office use could break up the retail continuity along both blocks. Therefore, staff encourages you to reconsider allowing an office use at the abovementioned address. If an office use does move into this location without prior city approval this will become a code enforcement issue for both you and the business owner. We value you as a property owner of Carlsbad and look fonA/ard to continuing to work together to make the Village a success for everyone involved. If you have any questions regarding the information contained in this letter, please contact me at (760) 434-2813. Sincerely, CITY OF CARLSBAD CLIFF JONES Assistant Planner Garry Nessim, Home Life Village Realtors Housing & Redevelopment Director Community Development Director Building & Code Enforcement Manager City Manager City Attorney Code Enforcement File Citv of Carlsbad Housing & Redevelopment Department May 9, 2006 ATTN: GARY NESSIM HOME LIFE VILLAGE REALTORS 530 GRAND AVENUE CARLSBAD, CA 92008 Re: Business License # 856400 Dear Mr. Nessim: The purpose of this letter is to inform you that your request for a business license to operate a real estate office at 2898 State Street has been denied. The reason for the denial is that the land use regulations set forth for the subject property in the Village Master Plan and Design Manual does not permit the operations of your business at the proposed location. Your business is classified as a real estate office use, which is a provisional use within Land Use District 1. Land Use District 1 is primarily intended for retail uses with office uses permitted if they do not upset retail continuity, or are replacing an existing office use. As we have discussed with you previously, the Housing & Redeveiopment Department has determined that replacing the existing retail space with a ground floor office use woukl upset the retail continuity along the 2800 block of State Street and the 500 block of Grand Avenue. The proposed real estate office use at the subject site has not been approved. Therefore, your business license has not been approved. If you do wish to move your real estate business to another location within the Village, staff encourages you to locate your business in a location that atk>ws for an office use. There are a number of locations within the Village area where a real estate office would be permitted. Please contact our office to confirm if an office use would fc>e permitted within a specific property located in the Redevelopment Area. We look fonvard to continuing to work together with you to make the Village a success for everyone involved. If you have any questions regarding the information contained in this letter, please contact the Redevelopment Department at (760) 434-2810. Sincerely, AUSTIN SILVA Planning Technician C : Debbie Fountain, Housing & Redevelopment Director Barbara Brandt, Finance Department 2965 ftoosevelt St.. Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037 Citv of Carlsbad Housing & Redevelopment Department May 4, 2006 JOE MCDONALD 2898 STATE STREET CARLSBAD, CA 92008 Re: Permitted uses at 2898 State Street Dear Mr. McDonald, The purpose ofthis letter is to follow up in writing the concerns I discussed with you on the phone last week regarding one ofyour office tenants impending plan to move to 2898 State Street. As you are now aware, the above mentioned property falls within Land Use District 1 of the Carisbad Village Redevelopment area. I have included documents from the Carisbad Village Redevelopment Master Plan relating to District 1 for your review. District 1, also known as the Village Center, is a pedestrian-oriented center of retail activity in the Village. The intent of the land use standards for District 1 is to reinforce the pedestrian shopping environment, encourage mutually supportive uses, and provide a major activity focus for Carlsbad Village and the City as a whole. The Village Center has and continues to function as a strong retailing center, serving city residents as well as tourists and regional visitors. "Permitted" land uses in District 1 include retail sales, certain commercial uses, and restaurants as they are the preferred uses in the areas of highest pedestrian activity. Since the subject property is in an area of high pedestrian activity (located within the core of the Village at the corner of State Street and Grand Avenue) and across the street from a prominent public gathering space (the public water fountain), a retail or restaurant use that would reinforce the pedestrian shopping environment of downtown is highly encouraged. City staff has recently become aware that an office use plans to move to this prominent location within the Village and replace the retail use that currently exists. As you are now aware, office uses are classified as "provisional" uses and will only be permitted if they do not upset retail continuity. This means that the use is subject to discretionary approval based on findings that the use is consistent with the Village vision and goals. This will require special scrutiny concerning location, size, and anticipated impact on adjacent uses and the Village as a whole. Office uses are allowed within District 1 only if an office use is replacing an existing office use at the same location or if the office use is determined to not have an impact on surrounding uses and does not break up retail continuity. Since the subject property has frontage along both State Street and Grand Avenue (streets of high pedestrian activity) staff cannot support an 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037 @ office use at this location as an office use could break up the retail continuity along both blocks. Therefore, staff encourages you to reconsider allowing an office use at the abovementioned address. If an office use does move into this location without prior city approval this will become a code enforcement issue for both you and the business owner. We value you as a property owner of Carisbad and look fon^/ard to continuing to work together to make the Village a success for everyone involved. If you have any questions regarding the information contained in this letter, please contact me at (760) 434-2813. Sincerely, CITY OF CARLSBAD CLIFF JONES Assistant Planner C: Garry Nessim, Home Life Village Realtors Housing & Redevelopment Director Community Development Director Building & Code Enforcement Manager City Manager City Attorney Code Enforcement File