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HomeMy WebLinkAboutRP 96-08; Alt Karlsbad; Redevelopment Permits (RP) (3)City of Carlsbad Housing & Redevelopment Department March 9, 1998 LUDVIK AND VERONICA GRIGORAS 2802 CARLSBAD BOULEVARD CARLSBAD, CA. 92008 RE: ADMINISTRATIVE REDEVELOPMENT PERMIT NO. 96-08 Dear Mr. and Mrs. Grigoras: As you are already aware, your Certificate of Occupancy has been issued for the Alt Karlsbad project. However, I did want to remind you that you have one condition of approval for the redevelopment permit which you have not yet met. Although we did not wish to continue to hold your Certificate of Occupancy, you are still required to satisfy this condition to remain in compliance with your redevelopment permit and to be eligible forthe Facade Improvement Grant Program. The condition of approval which requires your immediate attention is as follows: "The applicant shall submit an application to the City of Carlsbad for a street vacation of ten (10) feet. Ifthe street vacation is not approved by the City of Carlsbad, the applicant shall immediately apply for and obtain approval from the City Engineer of an encroachment permit for alt portions ofthe existing Alt Karlsbad building which currently encroaches into the Christiansen Way Public Right-of-Way." Your redevelopment permit was approved on September 29, 1997 with the above noted condition. The Engineering Department has confirmed that you have not yet submitted the required application for a street vacation. Your immediate attention to this matter is required in order for you to remain in compliance with your approved redevelopment permit. Please contact the Engineering Department directly to initiate the application process for obtaining the subject street vacation, or encroachment permit. If you have any questions regarding your project approvals, you may contact my office at (760) 434-2815. Sincerely, DEBBIE FOUNTAIN Housing and Redevelopment Director 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (619) 434-2810/2811 • FAX (619) 720-2037 City of Carlsbad Housing & Redevelopment Department October 16, 1997 LUDVIK AND VERONICA GRIGORAS 2802 CARLSBAD BOULEVARD CARLSBAD, CA. 92008 RE: ADMINISTRATIVE REDEVELOPMENT PERMIT NO. 96-08 Dear Mr. and Mrs. Grigoras: Attached is a copy of your approved Administrative Redevelopment/Coastal Development Permit for the Alt Karlsbad Project. Please review the approved land use permit carefully and note the conditions of project approval. Your project may now continue with the process for obtaining the required Certificate of Occupancy to allow operation ofyour business. Please understand that you are still required to comply with all requirements of the Building Department in order to obtain your final Certificate of Occupancy. Also, please note a condition of project approval which requires you to submit an application for a street vacation often feet (10') to the Engineering Department before you will be able to receive your final Certificate of Occupancy. Thank you for your cooperation. If you have any questions regarding the conditions outlined within this letter or the approval of your project permit, you may contact my office at 434-2811. Sincerely, DEBBIE FOUNTAIN Acting Housing and Redevelopment Director c: Police Chief Community Development Director Principal Building Inspector 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (619) 434-2810/2811 • FAX (619) 720-2037 ^ City of Carlsbad Community Deveiopment September 9, 1997 Ludvik And Veronica Grigoras 2802 Carlsbad Boulevard Carlsbad CA 92008 ADMINISTRATIVE REDEVELOPMENT PERMIT NO. 96-08 AND BUILDING PERMIT NO. 96-0804 Dear Mr. and Mrs. Grigoras: This correspondence is forwarded to you to outline the final actions which are required in order for you to complete the redevelopment permit process, obtain a permit for any business related signage and to receive your final Certificate of Occupancy for the conversion of retail space in the existing Alt Karlsbad building at 2802 Carlsbad Boulevard into a Massage Therapy Service with baths and mineral spas. After you have obtained your redevelopment permit and final certificate of occupancy, you will need to submit an application for a business license to operate the subject establishment. Redevelopment Permit As stated in my correspondence to you dated March 11, 1997, the following actions are required before an Administrative Redevelopment Permit can be approved and issued by the Housing and Redevelopment Director. 1. As the joint applicant for the redevelopment permit, you must obtain ioint approval of a Massage Establishment License from the Carlsbad Police Chief as the owner and operator of the proposed business. It is my understanding that you have completed the required application and the background check is complete. Please provide a copy of the approved license, or a letter of intent from the Police Chief to issue the license subject to alt final inspections of the facilities, to the Housing and Redevelopment Director for documentation purposes. 2. As the applicant for the redevelopment permit, you must obtain approval of atl necessary permits from the San Diego County Heatth Department for commercial operation ofthe baths and mineral springs. The licenses and approvals (or tetters of intent to issue) as noted above must be obtained prior to the Housing and Redevetopment Director granting final approval of the subject administrative redevetopment permit. You must provide appropriate documentation to verify that you have obtained approval ofthe required permits, as indicated above. 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-0894 ^ Grigoris September 9, 1997 Page Two Once the Housing and Redevetopment Director has received the documentation noted above and it is confirmed that you have received the appropriate approvals for a Massage Establishment License and the County Health Permit, the Director shall issue the "Final Notice of Action" to approve the subject administrative redevelopment permit. This notice shall initiate a ten (10) calendar day period in which the subject permit approval can be appealed to the Design Review Board. If there are no appeals to the permit approval, the Housing and Redevelopment Director will be able to issue the required redevetopment permit to you upon expiration ofthe ten (10) day appeal period. The redevelopment permit will include the following conditions: 1. The project must comply with the latest State Disabled access regulations for existing buildings. 2. The "new planter with cypress trees", as shown on the project ptans, shall not be constructed until the applicant obtains approval of a street vacation of ten (10) feet from the City of Carlsbad. If a street vacation is not approved by the Carlsbad City Council, the applicant shall 1) redesign the planter, for separate administrative approval by the Housing and Redevelopment Director, in a manner which does not encroach into the Christiansen Way Public Right-of-Way; or 2) the planter shall be eliminated entirely from the plans and not constructed at any time in the future. 3. Prior to issuance of the final Certificate of Occupancy by the Building Department for the subject project, the applicant shall submit an application to the City of Carlsbad for a street vacation of ten (10) feet, tf the street vacation is not approved by the City of Carlsbad, the applicant shall immediately apply for and obtain approval from the City Engineer of an encroachment permit for all portions of the existing Alt Karlsbad building which currently encroach into the Christiansen Way Public Right-of-Way. 4. The applicant shall apply for, pay the applicable fee, and obtain a separate sign permit for the subject property in accordance with requirements of the Viltage Master Plan and Design Manual. No signs have been approved for the subject building or site as a part of this Administrative Redevetopment Permit. 5. No outdoor storage of materials shalt occur onsite unless required by the Carlsbad Fire Chief. In such instance, a storage plan witl be submitted for approval by the Fire Chief and the Housing and Redevelopment Director. Grigoris September 9, 1997 Page Three 6. Alt required permits related to the massage establishment, as defined by the Carlsbad Municipat Code and/or County of San Diego Code shall remain in full force and effect for the entire period of time in which the applicant operates the subject Massage Therapy Service with baths and mineral spas. Failure to maintain these permits or subsequent revocation of these permits by the Carlsbad Police Department and/or County of San Diego shall constitute cause for cessation and abatement of the massage establishment and baths and mineral spring spas and resutt in revocation of this administrative redevelopment permit by the Carlsbad Housing and Redevelopment Director. 7. This administrative redevelopment permit approval shall become null and void if all required building permits are not issued for this project within twelve (12) months from the date of project approval. 8. The approval of this administrative redevetopment permit is granted upon the condition that the interior improvements to the Alt Karlsbad building at 2802 Carlsbad Boulevard shall be made specificalty as noted on the approved project ptans and the proposed business shall be operated as stated within the subject permit application. Any changes to the interior of the building and/or operation of the business shall require prior written approval by the Housing and Redevelopment Director as an amendment to this permit. 9. Att massage technicians and/or holistic heatth practitioners to be employed within the subject business shall be required to obtain approval of and retain a Massage License from the Carlsbad Police Department. To reiterate, to receive finat approval of the redevelopment permit for the subject project, you must first obtain approval of the Massage Establishment License from the Cartsbad Police Department and a health permit from the County of San Diego (or letters of intent to approve) before the Housing and Redevelopment Director will provide final approval on your administrative redevelopment permit. Once appropriate documentation has been submitted to the Director and verified, a final ten (10) day notice shall be issued to initiate the permit appeal period. If there are no appeals, the permit witl be issued with the conditions noted above, tf the conditions are not acceptable, you witl be required to appeal the Director's decision to the Design Review Board. Please note that the decision of the Design Review Board is final on all appeals related to a Housing and Redevelopment Director decision. Grigoris September 9, 1997 Page Four Sign Permit To obtain an approved permit for any business related signage, you must submit the appropriate application and pay the related fee ($30). The application requires a complete set of ptans indicating the following 1) north arrow and scale; 2) tocation of existing buildings or structures, parking areas, and vehicular access points to the property; 3) tocation of atl existing and proposed signs for the property; 4) distance to the property rme(s) for all proposed freestanding signs; and 5) provide an elevation for all proposed signs which specifics the: dimensions and area for all existing and proposed signs, materials, and the proposed sign copy. A copy of the standards for business signage has been previously forwarded to you. You are permitted 1 square foot of signage totat for each lineal foot of building frontage. Each sign must meet the individual standards set forth within the Village Master Plan and Design Manual. The Housing and Redevelopment Director can approve no variances to the sign standards. If you are not satisfied with the decision of the Director on your sign application or would like to request a variance from the sign standards, you may appeal the Director's decision to, or request approval of a variance from, the Design Review Board. Please note that a sign permit for the subject property will not be approved until the administrative redevelopment permit has been approved and issued by the Housing and Redevelopment Director. Certificate of Occupancy/Building Requirements A Certificate of Occupancy must be issued by the Building Department before you witl be allowed to initiate any business operations related to the Massage Therapy Service and baths/spas. The Certificate of Occupancy for the building shall not be issued until all applicabte redevetopment permit conditions have been satisfied and you have completed any corrections required by the Building Inspector. On June 6, 1997 the City Building Inspector advised you to install handrails on the exterior steps and accessible hardware on the doors to the improved spaces. The following provides a list of tasks which must be compteted before you witt be abte to obtain the Certificate of Occupancy for the subject building: 1. Complete the process for obtaining the required administrative redevetopment permit. 2. Secure a Final Inspection Approval from the Fire and Building Department. r 3. Submit an application to the City of Carlsbad's Engineering Department for a street vacation of ten (10) feet. If the street vacation is not approved by the City of Carlsbad, you must immediately apply for and obtain approval from the City Engineer of an encroachment permit for all portions of the existing Alt Karlsbad building which currently encroach into the Christiansen Way Pubtic Right-of-Way. 4. The building must comply with the latest State Disabled access regulations for existing buildings. 5. The fotlowing construction-related corrections must be made to the building to obtain finat approval from the Building Inspector: Install handrails on the exterior steps and accessible hardware on the doors to the improved spaces. Thank you for your cooperation in completing the above tasks as quickly as possibte. If you have any questions regarding this correspondence, ptease my office directly at (760) 438-1161 ExL 4200. Sincerely, MARTllsrOREN^ Community Development Director c: Police Chief City Manager City Attorney Housing and Redevelopment Director' Principal Building Inspector Code Enforcement Inspector York City of Carlsbad Community Development June 16, 1997 LUDVIK AND VERONICA GRIGORAS 2802 CARLSBAD BOULEVARD CARLSBAD, CA. 92008 RE: ADMINISTRATIVE REDEVELOPMENT PERMIT NO. 96-08 Dear Mr. and Mrs. Grigoras: Per correspondence dated March 11,1997 from my office, there were two conditions that you were required to meet before the Carlsbad Redevelopment Agency could approve your request for an Administrative Redevelopment/Coastal Development Permit to convert the retail space in the existing Alt Karlsbad building at 2802 Carlsbad Boulevard into a Massage Therapy Service with baths and mineral spas. Please note that approval ofthe Redevelopment/Coastal Development Permit is required before you may proceed with obtaining your Certificate of Occupancy from the City's Building Department. It is my understanding that you have requested final inspection from the City's Building Department in order to obtain your Certificate of Occupancy. As a result of your request, this correspondence is fon/varded to outline the process to be used by the Redevelopment Agency to issue you a temporary and then final redevelopment/coastal development permit Please note that all ofyour temporary approvals (including the Redevelopment Permit and Certificate of Occupancy) will be contingent upon you receiving final approval of the joint Massage Establishment License from the Police Chief It is our understanding that Ludvik is to have no involvement in the massage business until such time as the license is approved. Based on the temporary approval provided by the Police Chief which allows Mrs. Grigoras to conduct the massage business at the subject establishment, the Redevelopment Agency will allow you to obtain a temporarv Certificate of Occupancy from the Building Department, if determined to be appropriate by the Principal Building Inspector. This temporary Certificate of Occupancy will have a "sunset date" on its applicability. To obtain approval of your final redevelopment/coastal development permit from the Redevelopment Agency and final, permanent Certificate of Occupancy from the Building Department, you will be required to complete the following actions: 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-0894 ^ Grigoras June 16, 1997 Page 2 1. You must provide a copy of the final approved Massage Establishment License to the Housing and Redevelopment Director for documentation purposes. 2. You must provide a copy of atl approved permits required by the San Diego County Health Department for commercial operation ofthe baths and mineral springs. Once you have provided copies ofthe final, approved Massage Establishment License and required County Health Permits, the Housing and Redevelopment Director will provide final approval of your administrative redevelopment/coastal development permiL This action witl be followed by a written notice of permit approval which shall be mailed to surrounding property owners within 300 feet ofthe subject property. This notice shalt initiate a 10 day permit appeal period. If there are no appeals ofthe Director's decision to the Design Review Board, the final redevelopment/coastal development permit will be issued with conditions as indicated within my correspondence to you dated March 11, 1997. You will be required to satisfy all ofthe conditions ofthe approved permit before the final, permanent Certificate of Occupancy will be issued by the Building Department for the subject establishment/project. Please note that one of conditions requires you to submit an application to the City of Carlsbad for a street vacation of ten (10) feet. If the street vacation is not approved by the City of Carlsbad, you are required to immediately apply for and obtain approval from the City Engineer of an encroachment permit for all portions ofthe existing Alt Karlsbad building which currently encroach into the Christiansen Way Public Right-of-Way. Thank you for your cooperation. If you have any questions regarding this correspondence, you may contact my office at 438-1161, X4200. Sincerely, MARTlfTDREN^^s^ Community Development Director c: Police Chief City Manager City Attorney Housing and Redevelopment Director Principal Building Inspector City of Carlsbad Office of the Chief of Police June 3,1997 Ludvik; and Veronica Grigoras 2802 Caiisbad Boulevard Carlsbad, California 92008 RE: MASSAGE ESTABLISHMENT LICENSE APPUCATION Dear Mr. and Mrs. Grigoras: This wili confimi our agreement that Mr. Gngoras will be fingerprinted for a background investigation pursuant to his co-application for a massage establishment license at the Alt Kailsbad, k>cated at 2802 Carlsbad Boulevard, Carlst>ad, Califomia. The background investigation will be expedited and a decision on the license applrcation wili be made within approximately 60 days from the date that the fingerprints are submitted. In the interim, Mrs. Grigoras will be temporarily pemnitted to conduct her massage business on the premises; however, Mr. Grigoras is prohibited from partk^ipating in any way with the operation of the business. If Mr. Grigoras' co-application is denied for any of the reasons set forth in the Carlsbad Municipal Code, Mrs. Grigoras' permission to operate the massage establishment wilt be revoked. Othenvise, the license wifl be issued upon completion of the investigation. The execution of this agreement in no way modifies the prior legal positions of the parties. Please acknowledge your understanding and consent to this agreement by signing below. FITS. VALES Oif Police IDVlKGRIGOpA$ Date VERONICA GRIGORA^ Date 2560 Orion Way • Carlsbad. CA 92008-7280 • (760)931-2100 - TAX (760) 931-84/3 City of Carlsbad Community Deveiopment March 26, 1997 LUDVIK AND VERONICA GRIGORAS 2802 CARLSBAD BOULEVARD CARLSBAD, CA. 92008 RE: ADMINISTRATIVE REDEVELOPMENT PERMIT NO. 96-08 Dear Mr. and Mrs. Grigoras: This letter is provided to you as a follow-up to the correspondence I fonA/arded to you dated March 11, 1997. Per your telephone discussions with me and my confirmation that your project valuation does not exceed $50,000, the condition requiring you to construct public improvements (which included curb, gutter and sidewalk) on the Christiansen Way frontage, will be removed as a final condition of the administrative redevelopment permit for your proposed project, if approved. All other project conditions, however, shall remain the same as originally stated in my letter of March 11, 1997. If you would like for the City Engineer and I to consider an alternate schedule for submission of the application for the street vacation, ptease submit a written proposal to my office for review and further consideration. The requirement to receive joint approval of a Massage Establishment License remains a condition of your redevelopment permit approval. If you have any questions regarding this license and the requirements, you must contact the Carisbad Police Department. If you have any questions regarding this correspondence, you may contact my office at 438- 1161,X4200. Sincerely, fARTlN OREMXAIC Community DeveloprrTfent Director c: Police Chief City Manager City Attorney Housing and Redevelopment Director 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-0894 ^ March 11, 1997 TO: CITY MANAGER FROM: SENIOR MANAGEMENT ANALYST, FOUNTAIN VIA: COMMUNITY DEVELOPMENT DIRECTOR ALT KARLSBAD MINERAL SPRINGS SPA - ARP 96-08 On December 23, 1996, Ludvik and Veronica Grigoras submitted an application for an administrative redevelopment/coastal development permit to convert the first floor retail space at 2802 Carlsbad Boulevard (Alt Karlsbad) into a Massage Therapy Service with the use of baths and mineral springs spas. The service includes a Mineral Water Spa, Therapeutic Massages, Body Wraps, Aroma Therapy, Facials, Mud Treatments, reflexology and personal health management. The administrative permit has been reviewed by all appropriate city departments, including the Police Department. Based on the review, a decision has been made that the Housing and Redevelopment Director will approve the permit with conditions, if the applicants are able to jointly obtain a Massage Establishment License from the Police Department and the appropriate health permit(s) from the County of San Diego. The conditions of permit approval are outlined in the attached copy of a letter recently forwarded to Mr. and Mrs. Grigoras. This report is forwarded to you to summarize the process to be used for approving the subject permit and the subsequent appeal process, as applicable, which is set forth in the Village Master Plan and Design Manual and Carlsbad Municipal Code. Actions Required by Applicant prior to Director Approval of the RP • Mr. and Mrs. Grigoras must jointly apply for and obtain approval of a Massage Establishment License from the Carlsbad Police Department. A copy of the approved license must then be submitted to the Housing and Redevelopment Director for documentation purposes. • Mr. and Mrs. Grigoras must jointly apply for and obtain approval of a health permit from the County of San Diego for operation of the baths and spas as part of the Massage Establishment business. A copy of the approved license must then be submitted to the Housing and Redevelopment Director for documentation purposes. Actions to be taken to Process Final Approval of RP • Once the above documentation is submitted to and verified by the Housing and Redevelopment Director, a ''''Notice of Final Action^" to approve the subject administrative redevelopment permit shall be issued by the Housing and Redevelopment Director. This notice will be mailed to all property owners within 300 feet of the subject property and initiates a ten (10) day appeal period. During this period of time, any interested party may appeal the decision of the Housing and Redevelopment Director to the Design Review Board. The applicant may also appeal any conditions placed on the project by the Housing and Redevelopment Director. An individual member of the Housing and Redevelopment Commission can be an interested person for the purposes of appealing the Director's decision to the Design Review Board. At this time, there is no established fee for appealing a Housing and Redevelopment Director decision to the Design Review Board. • Per the approved Village Master Plan and Design Manual and the Carlsbad Municipal Code, the Design Review Board has the final decision authority on all appeals of decisions made by the Housing and Redevelopment Director. Consequently, the matter will not reach the Housing and Redevelopment Commission through the appeal process, as related to the administrative redevelopment permit. This information is slightly different from that which may have been provided to you by staff in previous memorandums. Staff originally believed that all decisions were ultimately appealable to the Housing and Redevelopment Commission or City Council. However, the Village Master Plan and Design Manual and related municipal code Chapter 21.35 state that all appeals of a Director decision are final at Design Review Board. Staff apologizes for any confiision the previous information may have caused as related to this matter. • If the Director's decision on the permit is appealed, the Design Review Board must affirm the decision unless the appellant shows by a preponderance of evidence that the decision of the Director is in error, inconsistent with State Law, the General Plan or the Redevelopment Area Plan, Village Master Plan and Design Manual, Title 21 of the Carlsbad Municipal Code or any policy of the Housing and Redevelopment Commission or the City. • Upon expiration of the appeal period for the administrative redevelopment permit, the permit shall be issued if there are no appeals to the Design Review Board or the appeal is resolved. At this point within the process, Mr. and Mrs. Grigoras will be able to proceed with construction of the interior improvements to the existing Alt Karlsbad building and obtain all other required permits to begin operation of the subject business. For information purposes, copies of the applicable ordinances related to processing of the Administrative Redevelopment Permit are attached for your review. It is also important to note that the Police Department has not yet made a final determination as to whether or not the required Massage Establishment License can be approved. To date, a joint application has not been received from Mr. and Mrs. Grigoras for the subject license. A background check will need to be completed and reviewed by the Police Department. If the Police Department is unable to issue the subject license, the Housing and Redevelopment Director will not approve the requested redevelopment permit. If you have any questions or comments regarding the above information or the attached correspondence to Mr. and Mrs. Grigoras, please contact my office or Debbie Fountain at X2935. MARTY ORENYAK c: Housing and Redevelopment Director City Attomey Police Chief City of Carlsbad Community Development March 11,1997 LUDVIK AND VERONICA GRIGORAS 2802 CARLSBAD BOULEVARD CARLSBAD, CA. 92008 ^^/ RE: ADMINISTRATIVE REDEVELOPMENT PERMIT NO. 96-08 Dear Mr. and Mrs. Grigoras: With the assistance ofthe Planning, Engineering and Police Departments, the Housing and Redevelopment Department has completed its review of your application for an Administrative Redevelopment Permit to convert the retail space in the existing Alt Karlsbad building at 2802 Carlsbad Boulevard into a Massage Therapy Service with baths and mineral spas. As staff has already indicated to you, during the final review ofyour application, concern was raised over 1) the appropriate land use classification for your proposed project and 2) whether or not the Redevetopment Agency has the authority to grant approval of the application. A finat determination, however, has been made that the Housing and Redevelopment Director may grant approval ofyour administrative redevetopment permit application as a retail use with the fotlowing specific conditions which must be met prior to the Director issuing the permit: 1. As the joint applicant for the redevelopment permit, you must obtain ioint approval of a Massage Establishment License from the Carlsbad Police Chief as the owner and operator ofthe proposed business. Attached is a copy of Chapter 5.16 ofthe Carlsbad Municipal Code which outlines the criteria and process used for approving this license. If approved, the Massage Establishment License shall include the use of the baths and mineral spas. You must provide a copy of the approved license to the Housing and Redevelopment Director for documentation purposes. 2. If you are unable to obtain approval of the Massage Establishment License from the Carlsbad Police Department, you will not be allowed to provide massage services at the subject site. If you do not receive approval ofthe Massage Establishment License, but still wish to provide services related to the baths and spas, you shall be required to obtain separate approval of a "bathhouse" permit from the County of San Diego. You must provide a copy of the approved permit to the Housing and Redevelopment Department, if necessary to obtain, for documentation purposes. 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-0894 ® Grigoras March 11, 1997 Page 2 3. As the applicant for the redevelopment permit, you must obtain approval of all necessary permits from the San Diego County Health Department for commercial operation of the baths and mineral springs. The licenses and approvals noted above must be obtained prior to the Housing and Redevetopment Director granting finat approval ofthe subject administrative redevetopment permit. You must provide appropriate documentation to verify that you have obtained approval of att required permits, as indicated above. Once the Housing and Redevetopment Director has received the documentation noted above and it is confirmed that you have received the appropriate approvals for a Massage Establishment License (or "bathhouse" permit, if appropriate) and the County Heatth Permit, the Director shall issue the "Finat Notice of Action" to approve the subject administrative redevetopment permit. This notice shall initiate a ten (10) calendar day period in which the subject permit approval can be appealed to the Design Review Board. If there are no appeals to the permit approval, the Housing and Redevelopment Director shall issue the permit to you upon expiration ofthe 10 day appeal period. If approved, the permit wilt include the following conditions: 1. The project must comply with the latest State Disabled access regulations for existing buildings. 2. The "new planter with cypress trees", as shown on the project plans, shall not be constructed until the applicant obtains approval of a street vacation often (10) feet from the City of Carisbad. If a street vacation is not approved by the Carisbad City Council, the applicant shall 1) redesign the planter, for separate administrative approval by the Housing and Redevelopment Director, in a manner which does not encroach into the Christiansen Way Public Right-of-Way; or 2) the planter shall be eliminated entirely from the plans and not constructed at any time in the future. 3. Prior to issuance of the final Certificate of Occupancy by the Building Department for the subject project, the applicant shall submit an application to the City of Carisbad for a street vacation often (10) feet. Ifthe street vacation is not approved by the City of Carisbad, the applicant shall immediately apply for and obtain approval from the City Engineer of an encroachment permit for all portions of the existing Alt Karisbad building which currently encroach into the Christiansen Way Public Right-of-Way. 4. The applicant shall construct the following public improvements prior to issuance of the final Certificate of Occupancy by the Carisbad Building Department for the subject project: Grigoras March 11, 1997 Page 3 a) Sidewalk, Curb and Gutter along the entire Christiansen Way (north) frontage of the subject property. b) Decorative landscaping with ground cover, as shown on the project plans and to be coordinated with construction ofthe required sidewalk, curb and gutter improvements required in a) above. Landscape and Irrigation Plans must be prepared and submitted to the City of Carisbad's Landscape Architect for approval prior to installation. All plans, specifications and supporting documents for all improvements within the public right-of-way shall be prepared to the satisfaction ofthe City Engineer. 5. The applicant shall apply for, pay the applicable fee, and obtain a separate sign permit for the subject property in accordance with requirements ofthe Village Master Plan and Design Manual. No signs have been approved for the subject building or site as a part of this Administrative Redevetopment Permit. 6. No outdoor storage of materials shall occur onsite untess required by the Carisbad Fire Chief In such instance, a storage plan witl be submitted for approval by the Fire Chief and the Housing and Redevelopment Director. 7. All required permits retated to the massage establishment and/or "bath house" use, as defined by the Carisbad Municipal Code and/or County of San Diego Code shall remain in full force and effect for the entire period of time in which the applicant operates the subject Massage Therapy Service with baths and mineral spas. Failure to maintain these permits or subsequent revocation of these permits by the Carisbad Police Department and/or County of San Diego shall constitute cause for cessation and abatement of the massage establishment and baths and mineral spring spas and resutt in revocation ofthis administrative redevelopment permit by the Carisbad Housing and Redevelopment Director. 8. This administrative redevelopment permit approval shall become null and void if all required building permits are not issued for this project within twelve (12) months from the date of project approval. Grigoras March 11, 1997 Page 4 9. The approval ofthis administrative redevelopment permit is granted upon the condition that the interior improvements to the Alt Karisbad building at 2802 Carisbad Boulevard shall be made specifically as noted on the approved project plans and the proposed business shall be operated as stated within the subject permit application. Any changes to the interior ofthe building and/or operation ofthe business shall require prior written approval by the Housing and Redevelopment Director as an amendment to this permit. 10. All massage technicians and/or holistic heatth practitioners to be emptoyed within the subject business shall be required to obtain approval of and retain a Massagist License from the Carisbad Police Department. As demonstrated by the conditions noted above, it is the opinion of City and Redevelopment Agency Staff that the subject business must be strictly regulated to ensure that it remains a desirable tand use for the Village Redevelopment Area. Consequently, any intensification or change in use ofthe building shall require prior written approval by the Housing and Redevetopment Director. To reiterate, you must first obtain approval ofthe Massage Establishment License from the Carisbad Police Department and a heatth permit from the County of San Diego before the Housing and Redevetopment Director wilt provide finat approval on your administrative redevelopment permit. Once appropriate documentation has been submitted to the Director and verified, a finat 10 day notice shalt be issued to initiate the permit appeal period. If there are no appeals, the permit witl be issued with the conditions noted above. Ifthe conditions are not acceptable, you witt be required to appeal the Director's decision to the Design Review Board. Please note that the decision ofthe Design Review Board is finat on all appeals related to a Housing and Redevelopment Director decision. Once your final redevelopment permit is approved and issued, you may complete any interior improvements to the building, after obtaining all required building permits. A Certificate of Occupancy must be issued by the Building Department before you will be allowed to initiate any business operations related to the Massage Therapy Service and baths/spas. The Certificate of Occupancy for the building shall not be issued until all applicable permit conditions have been satisfied. Also, you must obtain a City Business License to operate the subject business. Grigoras March 11, 1997 Page 5 Thank you for your cooperation. If you have any questions regarding the conditions outlined within this letter orthe Housing and Redevelopment Director's action, you may contact my office at 438-1161, X4200 or the Housing and Redevelopment Department at 434-2811. Sincerely, MARTIN ORENYAK Community Development Director c: Police Chief City Manager City Attorney Housing and Redevelopment Director Principal Building Inspector Date: 7 March 1997 To: Community Development Director From: Principal Building Inspector Re: Alt Karisbad I researched the differences between massage establishments licenses and bathhouse licenses since Ludvig Grigoras, or his wife has applied for a massage establishment license and the project resembles a bathhouse. The City has a massage establishment license requirement in the Municipal Code (Section 5.16). The City also adopts by reference the County Code Section regulating bath houses. Alt Karisbad cleariy meets the definition in that Code of a bathhouse except that the County Code states that "...any establishment canying on...any combination of massage and bathhouse shall be deemed a massage establishment and not a bathhouse." (Sec.66.601. DEFINITIONS) Since the City has a massage ordinance, it follows that the requisite pennit for Alt Karisbad is a massage license issued by the City under the authority of the Municipal Code. If they cannot secure a massage license to practice massage, they still need a bathhouse permit issued by either the City or the County. The City Attomey and the Police Chief probably should detennine the authority having jurisdiction for a bathhouse permit, although it seems reasonable that the City would issue the bathhouse license using the County Code criteria. The bathhouse requirements are similar to City massage establishment requirements.(See attached) A background check is still required. And there are minimum sanitary standards and behavioral standards for patrons. ril try to find out whether the Health Department needs to approve the public bath portion of the project. In the mean time, we can ask Ludvig to provide either a Health Department approval or positive statement that no Health Pennit is required from the County PATRICK KELLEY Principal Building Inspector CC: City Attorney, City Manager, Police Chief, Senior Mgt. Analyst Fountain attachment • Page 1 § 66.531 SAN DIEGO COUNTY CODE ment of Environmental Health to defray the cost imposed on such departments in enforcing the pro- visions of this chapter. (Amended by Ord. No. 6715 (N.S.), effective 2-17- 84; amended by Ord. No. 7428 (N.S.), efifective 2-4-88; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95) CHAPTER 6. BATHHOUSES* SEC. 66.601. DEFINmONS. Whenever in this Chapter the following words or phrases are used, they shall mean: (a) "Bathhouse" shall mean any establishment having a fixed place of business where any person engages in, conducts, or carries on any business of providing Turkish, Russian, Swedish, Finnish, hot air, vapor, electric cabinet, steam sweat, mineral, salt, sauna, fomentation, alcohol, shower, tub or sponge baths, soaking facilities such as a spa, or baths of any kind whatsoever. Any establishment carrying on or permitting any combination of mas- sage and bathhouse shall be deemed a massage establishment and not a bathhouse. "Bathhouse" shall not include hospitals, nursing homes, sani- tariums, or establishments where a person pro- vides baths pursuant to his or her unrevoked cer- tificate to practice the healing arts imder the laws of the State of Califomia. "Bathhouse" shall not include hotels, motels, and similar lodging estab- lishments. "Bathhouse" shall not include estab- lishments primarily providing physical fitness ser- vices, except where cubicles, rooms, or booths are provided for use by individual patrons of such es- tablishments. (b) "Person" shall mean any natural person, firm, association, club, organization, partnership, business trust, corporation, company, or any other entity whatsoever which is recognized by law as the subject of rights or duties. Cross reference—Definitions, § 12.101 et seq. *Note—Chapter 6, Barbershops, repealed by Ord. No. 2732 (N.S.), efiective 10-8-64. New Chapter 6, Bathhouses, Sections 66.601—€6.623, added by Ord. No. 7448 (N.S.), effiective 3-17- 88. Cross references—Sewers and sewage disposal plants, § 68.101 et seq.; management of solid waste, § 68.501 et seq. SEC. 66.602. PERMIT REQUIRED. It shall be unlawfiil for any person to operate, maintain or keep in the unincorporated territory of the Coxmty any bathhouse without an annual permit therefor issued by the Sheriff. The permit, or any renewal thereof, may be denied if the bath- house operation as proposed does not comply with the provisions of tbis chapter, regulations adopted piu'suant to this chapter, and all other applicable laws, including, but not limited to, applicable build- ing and fire codes. SEC. 66.603. APPLICATION FOR PERMIT OR RENEWAL. Any person desiring a permit or renewal there- of required by this chapter shall make application to the Sheriff. SEC. 66.604. APPLICATION FOR A BATH- HOUSE PERMIT. The application for a permit to operate a bath- house shall set forth the exact nature ofthe baths to be administered, the proposed place of business and facilities therefor, and the name and address of each applicant. In addition to the foregoing, any applicant for a bathhouse permit shall fur- nish the following information: (a) The two previous addresses immediately prior to the present address of applicant. (b) Written proof that the applicant is over the age of 18 years. (c) Applicant's height, weight, color of eyes and hair. (d) Two portrait photographs at least 2" x 2". (e) Business, occupation, or employment of the applicant for the three years immediately preceding the date of the application. (f) The bathhouse or similar business license history of the applicant; whether such per- son, in previously operating in this or an- other coimty or state under license, has had such license revoked or suspended, the rea- son therefor, and the business activity or occupation subsequent to such action of sus- pension or revocation. Supp. No. 6, 2-95 1038 HEALTH AND SANITATION § 66.531 have a valid Massage Technician's License issued by the Sheriff and shall comply with all the re- quirements of Sections 66.508 thru 66.509. Said employees are prohibited from administering a massage or bath when the exempted-class employ- er is not present on the premises where the mas- sage or bath is being administered. (Amended by Ord. No. 7428 (N.S.), effective 2-4- 88; amended by Ord. No. 7613 (N.S.), effective 5-4-89; amended by Ord. No. 7784 (N.S.), effective 8-30-90) SEC. 66.524. VIOLATION AND PENALTY. (a) Every person, except those persons who are specifically exempted by this chapter, whether act- ing as an individual, owner, employee ofthe own- er, operator or employee of the operator, or wheth- er acting as a mere helper for the owner, employee, or operator, or acting as a participant or worker in any way, who gives "massages" or conducts "a mas- sage establishment" or practices the giving or ad- ministering of any of the services defined in Sec- tion 66.504 of the chapter without first obtaining the necessary permit or license shall be guilty of a misdemeanor. Upon a conviction under this sub- section, the Court shall, in addition to any other punishment it imposes, impose a fine of $100.00, no part of which shall be suspended. (b) Any owner, operator, manager, or permittee in charge or in control of a massage establishment and/or Off-Premises Massage business who know- ingly employs a person performing as a massage technician, as defined in this chapter, who is not in possession of a valid, unrevoked permit or who allows such massage technician to perform, oper- ate or practice within such place of business is guilty of a misdemeanor, and upon conviction such person shall be punished by a fine not to exceed $1,000.00 or by imprisonment in the County Jail for a period not to exceed six months or both such fine and imprisonment. Upon a conviction under this subsection, the Court shall, in addition to any other punishment it imposed, impose a fine of $200.00, no part of which shall be suspended. (Amended by Ord. No. 7428 (N.S.), effective 2-4- 88) SEC. 66.525. [RESERVED.] (Repealed by Ord. No. 5200 (N.S.), effective 8-10- 78) SEC. 66.526. [RESERVED.] (Repealed by Ord. No. 5200 (N.S.), effective 8-10- 78) SEC. 66.527. [RESERVED.] (Repealed by Ord. No. 5200 (N.S.), effective 8-10- 78) SEC. 66.528. [RESERVED.] (Repealed by Ord. No. 5200 (N.S.), effective 8-10- 78) SEC. 66.529. [RESERVED.] (Repealed by Ord. No. 5200 (N.S.), effective 8-10- 78) SEC. 66.530. SEVERABILITY. If any section, subsection, sentence, clause or phrase ofthis chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The Board of Supervisors hereby declares that it would have adopted the chapter and each section, sub- section, sentence, clause or phrase thereof, irre- spective ofthe fact that any one or more sections, subsections, sentences, clauses or phrases be de- clared invalid. (Amended by Ord. No. 7428 (N.S.), effective 2-4- 88) SEC. 66.531. FEE MODIFICATION AND AL- LOCATION. All fees established by this chapter shall be re- viewed annually by the Chief Administrative Of- ficer to determine whether such fees are adequate to cover the cost of implementing the provisions of this chapter. If the Chief Administrative OfBcer determines that such fees should be modified he shall submit his proposal to the Board of Super- visors for approval. The Board of Supervisors, who, after the effective date ofthis chapter, may estab- lish any schedule of fees. All fees established by this chapter shall be col- lected by the Sheriff and transferred to the Coun- ty Treasurer for deposit in general fund revenue to be allocated as determined by the Chief Admin- istrative OfBcer to the Sheriff and the Depart- Supp. No. 6, 2-95 1037 § 66.606 SAN DIEGO COUNTY CODE skylights are used for ventilation, at least ¥2 of the total required window area shall be operable. (Amended by Ord. No. 7925 (N.S.), effective 7-18- 91; amended by Ord. No. 8477 (N.S.), adopted 11- 8-94, operative 1-1-95) Cross references—Sewers and sewage disposal plants, § 68.101 et seq.; management of solid waste, § 68.501 et seq. SEC. 66.607. OPERATING REQUIRE- MENTS. AU bathhouse permittees shall comply with the following operating requirements: (a) (b) (c) (d) Every potion [portion] of a public bath- house, including appliances, apparatus, and personnel, shall be kept clean and operated in a sanitary condition. All employees shall be clean and wear clean outer garments. Provision for separate dressing rooms for each sex must be avail- able on the premises, with individual lock- ers for each employee. Doors to such dress- ing rooms shall open inward and shall be self-closing. All bathhouses shall be provided with clean laundered sheets and towels in sufBcient quantities and shall be laundered between consecutive uses thereof and stored in an approved sanitary manner. No towels or sheets shall be laundered or dried in any public bathhouse imless such establishment is provided with approved laundry facili- ties for such laundering and drying. Ap- proved receptacles shall be provided for the storage of soiled linens and paper towels. Wet and dry heat rooms, shower compart- ments, and toilet rooms shall be thoroughly cleaned each day the business is in opera- tion. Bathtubs shall be thoroughly cleaned after each use. (e) Provide educational programs for patrons in accordance with standards promulgated by the Department of Health Services in consultation with the San Diego County Re- gional Task Force on AIDS. (Amended by Ord. No. 7925 (N.S.), effective 7-18- 91) SEC. 66.608. ISSUANCE OF PERMIT FOR BATHHOUSE. The Sheriff shall issue a Bathhouse Permit if all the requirements for a bathhouse described in this chapter are met and shall issue a permit to any person who has applied for a permit to oper- ate a bathhouse unless the Sheriff finds: (1) That the operation as proposed by the ap- plicant, if permitted, would not comply with aU applicable laws. (2) That the applicant or any other person who will be directly engaged in the manage- ment and operation of a public bathhouse has been convicted of: (a) An offense involving conduct which re- quires registration pursuant to section 290 ofthe Penal Code. (b) An offense involving the use of force and violence upon the person of anoth- er that amounts to a felony. (c) An offense involving sexual miscon- duct with children. (d) An offense as defined under Sections 311,647, subdivision (a), 647a, 315,316, or 318 ofthe Penal Code ofthe State of Califomia. (e) The Sheriff shall disregard any convic- tion mentioned in subsections (a), (b), (c) or (d) of this section if he finds that the applicant has fully completed any sentence imposed because of such con- viction and has fiilly complied with any conditions imposed because of sudi con- viction, which conviction has occurred at least three years prior to the date of application and the applicant has not subsequently been convicted of any of the crimes herein mentioned nor has suffered any subsequent felony convic- tions involving the use of force of vio- lence on the person of another. State law references—Registration, Penal Code, § 290; miscellaneous violations, Penal Code, §§ 314,315,316,647(a), 647(b). SEC. 66.609. REGISTER TO BE MAIN- TAINED. (Repealed by Ord. No. 7925 (N.S.), effective 7-18- 91) Supp. No. 6, 2-95 1040 HEALTH AND SANITATION § 66.606 (g) All criminal convictions except minor traf- fic violations. (h) (i) Such other identification and information necessary to discover the tmth of the mat- ters hereinbefore specified as required to be set forth in the application. Ifthe applicant is a corporation, the name ofthe corporation shall be set forth exactly as shown in its articles of incorporation; the names and residence addresses of each of the ofBcers, directors and each stockhold- er owning more than 10 percent of the stock ofthe corporation. Ifthe applicant is a part- nership, the applicant shall set forth the name and residence address of each of the partners, including limited partners. (Amended by Ord. No. 7925 (N.S.), effective 7-18- 91) SEC. 66.605. ANNUAL PERMIT APPLICA- TION FEE. The annual non-reiimdable application fee for the permit required by this chapter shall be $600.00. Delinquent fees shall be collected in ac- cordance with the provisions of Section 65.101 of this Code. (Amended by Ord. No. 7925 (N.S.), effective 7-18- 91) SEC. 66.606. FACILrnES NECESSARY. No permit to conduct a bathhouse shall be is- sued imless an inspection by the Sheriff and the Director of the Dep£irtment of Environmental Health reveals that the establishment complies with each of the following minimum requirements: (a) Constmction of rooms used for toilets, tubs, steam baths, and showers shall be made waterproof with approved waterproof ma- terials. (1) Steam rooms and shower compart- ments shall have approved waterproof fioors, walls and ceilings. (2) Floors of wet and dry heat rooms shall be adequately pitched to one or more floor drains properly connected to the sewer. (Exception: dry heat rooms with wooden floors need not be provided with pitched floors and floor drains.) (3) A source of hot water shall be available within the immediate vicinity of dry and wet heat rooms to facilitate cleaning. (b) Toilet facilities shall be provided in conve- nient locations, and every bathhouse shall provide at least one water closet. When five or more employees and patrons of each sex are on the premises at the same time, sep- arate toilet facilities shall be provided. A single water closet per sex shall be provid- ed for each 20 employees or patrons ofthat sex on the premises at any one time. Uri- nals may be substituted for water closets in the toilet facility for males after one water closet has been provided; provided, howev- er, that there shall be at least one water closet for each 60 employees or patrons of the male sex. All toilet rooms shall be equipped with self-closing doors opening in the direction of ingress to the toilet rooms. Toilets shall be designated as to the sex ac- commodated therein. (c) Lavatories or wash basins provided with both hot and cold running water shall be installed in either the toilet room or the vestibule. Lavatories or wash basins shall be provided with soap in a dispenser and with sanitary towels. (d) All portions of bathhouse establishments and baths shall be provided with adequate light and ventilation by means of windows or skylights with an area of not less than Va of the total floor area, or shall be provided with approved artificial light and a mechan- ical operating ventilating system. Areas of the bathhouse, other than those areas pro- vided only to individual patrons, shall at all times during bathhouse operation have a direct illumination level of at least ten to twelve foot-candles of light measured 30 inches above the floor. When windows or Supp. No. 6, 2-95 1039 HEALTH AND SANITATION § 66.617 SEC. 66.610. EMPLOYMENT OF PERSONS UNDER THE AGE OF EIGH- TEEN YEARS PROHIBITED. It shall be unlawful for the owner, proprietor, manager or any other person in charge of any bathhouse to employ any person under the age of 18 years. SEC. 66.611. SALE OR TRANSFER. Upon sale, transfer or relocation of a bathhouse, the permit therefor shall be null and void. SEC. 66.612. NAME AND PLACE OF BUSI- NESS — CHANGE OF LOCA- TION. No person granted a permit pursuant to this chapter shall operate under any name or conduct his business under any designation or in any lo- cation not specified in his pennit. SEC. 66.613. DAILY REGISTER. (Repealed by Ord. No. 7925 (N.S.), effective 7-18- 91) SEC. 66.614. LOCKED CUBICLE, ROOM, BOOTH, ETC. No service enumerated in Section 66.601(a) of this chapter may be carried on within any cubicle, room, or booth, or in any area within a bathhouse by whatever designation whatsoever which is fixed with a door capable of being locked. SEC. 66.615. PRIVATE ROOMS. No private room, as hereinafter defined, shall be maintained within any bathhouse. "Private room" shall mean any enclosed space large enough for more than one person to enter with a door capable of being locked from the inside, unless one or more of the following applies: (a) There is an opening no less than five feet for more than six feet above the floor through which the full exterior of the en- closure is viewable from the exterior; or (b) The enclosure is not made available for use by patrons for the establishment; or (c) No more than one person at a time is al- lowed to enter the enclosure, the occupancy restriction is conspicuously posted on the entrance to the enclosure, and there are no openings between any adjoining enclosures through which physical contact between per- sons in adjoining enclosure is possible. (Amended by Ord. No. 7925 (N.S.), effective 7-18- 91) SEC. 66.616. MONITORING AND EXPUL- SION OF CUSTOMERS. (a) No person shall operate a bathhouse unless employee-monitors are provided for the sole pur- pose of observation of activity on the bathhouse premises. At least one monitor shall be on duty at all times that the bathhouse is open. (b) The bathhouse operator shall immediately expel from the premises any and all persons ob- served causing the maximum occupancy reqiure- ments of this chapter to be violated, any and all persons committing any crime on the premises, or any and all persons engaged in high risk sexual activity on the premises. For the purposes of this chapter, "high risk sexual activity shall mean: (1) The placing of the male penis on or into the anus, vagina or mouth of another person; (2) The placing of the mouth of one person on the anus, vagina or penis of another per- son; (3) The contact of feces or urine of one person with any part of the body of another per- son; or (4) The entry of any part of the body of one person into the anus or vagina of another person. (Amended by Ord. No. 7925 (N.S.), effective 7-18- 91) SEC. 66.617. DISPLAY OF PERMIT. Every person to whom or for whom a permit shall have been granted pursuant to the provi- sions of this chapter shall display said permit in a conspicuous place in a bathhouse so that the same may be readily seen by persons entering the prem- ises. Supp. No. 6, 2-95 1041 § 66.618 SAN DIEGO COUNTY CODE SEC. 66.618. INSPECTIONS. The Sheriff and the Department of Environmen- tal Health shall from time to time, and at least once a month, make an inspection of each bath- house for the purpose of determining that the pro- visions ofthis chapter are complied with. (Amended by Ord. No. 8477 (N.S.), adopted 11-8- 94, operative 1-1-95) SEC. 66.619. PERMIT ABLE. NOT TRANSFER- No bathhouse permit shall be transferred from person to person or from one location to another. SEC. 66.620. UNLAWFUL ACTIVITIES. It shall be unlawful for any person to give or administer any bath or baths as defined herein, or to give or administer any of the other things men- tioned in this chapter, which violate the provi- sions of this chapter or the regulations adopted pursuant to this chapter or which violate any state or local laws or ordinances. Any violation of this provision sliall be deemed grounds for revocation of the permit granted hereunder. SEC. 66.621. HEALTH AND SANTIATION REQUIREMENTS AND REGU- LATIONS. Every bathhouse shall be maintained and oper- ated in a clean and sanitary manner. All bath- houses shall comply with all applicable building, health, zoning and fire laws of the County of San Diego. In addition, the Sheriff and the Director of the Department of Environmental Health may, after a noticed public hearing, adopt and enforce reasonable rules and regulations not in conflict with, but to carry out, the intent of this chapter. All bathhouse operators holding a valid permit shall be given written notice ofthe public hearing, including a copy of the proposed regulations, at least ten days prior to the date of the hearing. In addition, notice of the pubUc hearing and a sum- mary of the proposed regulations shall be pub- lished in an appropriate newspaper of general cir- culation one time at least ten days prior to the public hearing. The rules and regulations shall include reasonable requirements to protect the health and safety of bathhouse patrons, including reasonably necessary requirements for education- al programs and other measures for the preven- tion and controi of the spread of Acquired Im- mune Deficiency Syndrome (AIDS) and other infectious or communicable diseases. (Amended by Ord. No. 8477 (N.S.), adopted 11-8- 94, operative 1-1-95) Cross references—Sewers and sewage disposal plants, § 68.101 et seq.; management of solid waste, § 68.501 et seq. SEC. 66.622. VIOLATIONS. Every person who violates any provision of this chapter is guilty of a misdemeanor. SEC. 66.623. DENIAL, SUSPENSION OR RE- VOCATION OF PERMTT. Any pennit issued pursuant to this chapter may be suspended or revoked by the Sheriff on proof of violation by the permittee of any provisions of state law, this chapter,. County ordinances or any rules or regulation adopted and approved pursuant to Section 66.621, or in any case where the Sheriff, on the advice of the Director of the Department of Environmental Health, determines the bathhouse is being managed, conducted, or maintained with- out regard of the public health, or the health of patrons or customers, or without due regard to proper sanitation or hygiene. Where a permit is denied or a permit renewal is denied, or where a permit is suspended or revoked by the Sheriff, such denial, suspension, or revocation may be ap- pealed by the permit appUcant or permittee in accordance with the provisions of the Uniform Li- censing Procedure set forth in Chapter 1 of Divi- sion 6 of Title 1 of this Code. (Amended by Ord. No. 8477 (N.S.), adopted 11-8- 94, operative 1-1-95) SEC. 66.624. SEVERABIUTY. If any section, subsection, subdivision, para- graph, sentence, clause or phrase of this chapter or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shaU not affect the vaUdity of effectiveness of the re- maining portions ofthis chapter or any part there- of The Board of Supervisors hereby declares that it would have passed each section, aibsectioii, sub- division, paragraph, sentence, clause or phrase Supp. No. 6, 2-95 1042 March 5, 1997 TO: COMMUNITY DEVELOPMENT DIRECTOR FROM: SENIOR MANAGEMENT ANALYST, FOUNTAIN ALT KARLSBAD MINERAL SPRINGS SPA - ARP 96-08 On December 23, 1996, Ludvik and Veronica Grigoris submitted an application for an administrative redevelopment permit to convert the first floor retail space at 2802 Carlsbad Boulevard (Alt Karlsbad) into a Massage Therapy Service with the use of baths and mineral springs spas. The service includes a Mineral Water Spa, Therapeutic Massages, Body Wraps, Aroma Therapy, Facials, Mud Treatments, reflexology and personal health management. Based on prior review of a similar project proposed by Mr. Grigoris and Kay Christiansen several years ago, staff indicated to Mr. Grigoris that the new project could be approved with conditions. However, staff indicated to Mr. Grigoris that the issue of parking and the "bathhouse" use, if applicable, would need to be addressed through the permit process. Mr. Grigoris quickly dismissed the issues raised by staff because he felt that the project had already received approval through his previous project application, which would have resulted in construction of a new building for the Massage Therapy Service with spas. The issues raised by staff were reviewed by the Planning, Building, Engineering and Police Departments to determine the appropriate course of action. The Planning, Building and Engineering Departments had no real issues with the project, but provided conditions under which the pemiit was recommended for approval. A draft of the proposed conditions is attached for your review. The Police Department had a remaining issue which was unanswered as of the date I indicated to Ludvik that we could approve his project with conditions. The unanswered question was whether or not the proposed use would be classified as a "bath house" and whether or not additional permits would be required beyond the massage license. On January 8, 1997, Redevelopment Staff requested review of the application by the Police Department. A request was made that the Police Department provide a written response on the issue of the "bath house". This issue apparently was raised at the "final hour" before the Council was scheduled to take action on the original permit submitted by Ludvik several years ago. 1 asked for a response from the Police Department by January 31, 1997. Although I had placed a couple of calls to determine the Police Department's position on the subject permit, I did not have a verbal or written response on the "bath house" issue as of February 19, 1997. However, because Ludvik was so aggressive in his pursuit of action on the permit, I decided that the only issue remaining was whether or not a permit was required, not if the use was acceptable. So, on February 19, 1997, I prepared a "Notice of Intended Action" to approve the project and forwarded it to all property owners within 300 feet of the project site, with the understanding that conditions could be placed on the project which would require any permits deemed necessary by the Police Department based on their review of the application. As bad luck would have it, on February 20, 1997,1 received a telephone call from Lt. Metcalf indicating that the Police Department had no method for approving bath houses in the City. He stated that the Police Department was currently working on an ordinance which would be presented to the City Council within the next 45 to 60 days. Lt. Metcalf indicated that the Police Department could not approve the subject permit until the new ordinance was in place. I asked Lt. Metcalf if he could support Redevelopment approving the permit with a specific condition that the baths/spas not be installed until the new "bath house" ordinance was in effect and the Police Department could issue the appropriate permit. He stated that the proposed action on the permit was acceptable. On February 21, 1997,1 forwarded a letter to Ludvik and Veronica Grigoras to update them on the status of their application. Attached is a copy of the letter for your review. Within this letter, I informed Mr. and Mrs. Grigoras of the preliminary decision by the Police Department, as noted above, and the proposed condition for the project. This is the letter that resulted in Ludvik contacting various City Council members as well as Lt. Metcalf directly. As a result of Ludvik's conversations with Lt. Metcalf, a visit was made to the site to further review the project. Lt. Metcalf reviewed Ludvik's plans and obtained a visual picture of the set-up for the massage service and use of the baths/spas. Following Lt. Metcalf s site visit and meeting with Ludvik, a determination was made that the use of the baths/spas is covered by the Massage Ordinance and that the Police Department could require a Massage Establishment License to cover all of the proposed uses within the building. Lt. Metcalf confirmed with the City Attomey's Office that the Massage Ordinance covered the use of the baths/spas proposed by Ludvik and his wife. Although the "retail" classification of the use proposed by Ludvik and Veronica has made me uneasy, 1 continued with that classification in an attempt to remain fair to the applicants. I continued with the intent to approve the subject permit under the "retail" classification until I had further discussions with Lt. Metcalf and the Mayor regarding the proposed use. This is the point at which I met with you and Evan to discuss the proposed project and whether or not the retail classification was appropriate. Based on our discussions on March 4, 1997, we decided that the proposed use could have a detrimental impact on the Village Redevelopment Area in terms of the precedence being set and that the original "retail" classification was not appropriate for the Massage Therapy Service proposed by Mr. Grigoras. The primary proposed use is more appropriately classified as a "Massage Establishmenf, operated in conjunction with a bath/spa, as defined in Chapter 5.16 of the Carlsbad Municipal Code. The new Village Master Plan and Design Manual does not identify a "Massage Establishment" as a permitted or provisional use within the Village Redevelopment Area. Therefore, we determined that the Housing and Redevelopment Director has no authority to approve the subject administrative redevelopment permit. We felt that Mr. Grigoras must first obtain approval of the proposed land use by the Housing and Redevelopment Commission and the Coastal Commission, as an amendment to the Village Master Plan and Design Manual, if he is to proceed. At this point, staff has identified two options for action related to the proposed denial of the permit. First, Mr. Grigoras can withdraw his administrative redevelopment permit application and submit a request for an amendment to the Village Master Plan to include the "Massage Establishment and Spa" land use, which will then allow the Housing and Redevelopment Director to approve the project through the Administrative Redevelopment Permit process. Second, the Housing and Redevelopment Director can deny the subject administrative redevelopment permit on the grounds that the Village Master Plan does not allow for the proposed land use and then Mr. Grigoras can appeal the decision to the Design Review Board and/or Housing and Redevelopment Commission for an altemate finding on the land use issue. On the other side, the Housing and Redevelopment Director can make the decision that the proposed use is consistent with the commercial service uses permitted within the Village Master Plan and approve the permit with conditions, such as those proposed within the attached draft. A fmal decision on the permit depends upon a final decision on the appropriate land use classification for the proposed use. C: Housing and Redevelopment Director February 20, 1997 TO: ALT KARLSBAD FILE FROM: DEBBIE FOUNTAIN, SENIOR MANAGEMENT ANALYST REQUIREMENT FOR BATH HOUSE PERMIT FOR MINERAL SPRINGS SPA Per Lieutenant Metcalf, the Police Department has no method for approving bath houses in the City. The Police Department is currently working on an ordinance which would outline the permit requirements for bath houses. However, staff is about 45 to 60 days away from presentation of the ordinance for adoption by the City Council. Since Alt Karlsbad is the first project to go through with such a request, they are caught in a difficult position. Alt Karlsbad will need to wait to add the baths and spas until the ordinance goes into effect which will allow for them. The project could provide the other services including the massages, if they meet the massage ordinance and obtain the appropriate permit from the Police Department. The Police Department won't approve the baths/spas until they complete the new ordinance and it is in effect. Citv of Garlsbad Housing & Redevelopment Department February 21,1997 LUDVIK AND VERONICA GRIGORAS 2802 CARLSBAD BOULEVARD CARLSBAD, CA. 92008 RE: ADMINISTRATIVE REDEVELOPMENT PERMIT NO. 96-08 Dear Ludvik and Veronica: Thank you for applying for an administrative redevelopment permit (96-08) to convert existing retail space at 2802 Carlsbad Boulevard into a massage therapy service with Mineral Springs Spas. Your application was received on December 23,1996 and has been deemed complete for further processing. This correspondence is forwarded to you to provide you with a status report on your application. At this time, it is the Redevelopment Agency's intent to approve the project with conditions. Therefore, on Febmary 19,1997, a notice was mailed to all property owners vdthin 300 feet of the subject property which indicates the Housing and Redevelopment Director's intent to approve the proposed project. This notice opens a public review and comment period, which will expire on Monday, March 3,1997 at 5:00pm. Folloving expiration of the public review and comment period, the Redevelopment Agency wdll complete its review of the project and discuss final conditions with all appropriate City Departments, including Planning, Engineering and Police. After the Housing and Redevelopment Director has made a final decision on the subject permit application, a second notice will be forwarded to property ovraers within 300 feet indicating the final action and opening the ten (10) day appeal period. The decisions of the Housing and Redevelopment Director may be appealed to the Design Review Board by any interested party. For information purposes, I would like to inform you that the Police Department has notified the Housing and Redevelopment Office that they wdll not be able to approve the proposed installation and operation of the baths and spas at this time. Per Lieutenant Don Metcalf, the City does not have the ability to approve the use of baths/spas for business purposes under existing ordinances. The Police Department is currently drafting an ordinance which will be presented to the City Council within the next 45 to 90 days, which will allow for the use of baths/spas under specific terms and conditions. At this time, this means that the Redevelopment Agency will be able to approve only a portion of your project with a condition included that the baths and spas will not be installed until appropriate permits have been obtained separately from the Carlsbad Police Department. 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (619) 434-2810/2811 • FAX (619) 720-2037 ^ Grigoris February 21, 1997 Page 2 This matter is currently under additional review and consideration. If the situation changes, we wdll notify you under separate correspondence. Within the next week, staff will draft and forward to you a list of proposed conditions for the administrative redevelopment permit you have requested from the Redevelopment Agency. Upon receipt of these proposed conditions, please review them and then contact my office wdth any questions or concems. Upon expiration of the public review and comment period, the Redevelopment Agency will complete its review of the project and final the conditions to be incorporated into the final permit, as appropriate. Thank you for your patience as we work through the issues related to your project. Your project is the first of its kind in the Village Area and will provide for very unique services which will provide a benefit to the area. While the uniqueness of your project creates opportunities, it also creates some significant challenges. The challenges are specifically related to processing of permits for the project. Because your project is the first of its kind, we have discovered during processing that we simply do not have all of the necessary procedures and policies in place for approving the mineral springs baths/spas portion of the project. We will continue to work on this matter and hope to be able to grant approval within a reasonable period of time. If you have any questions related to this correspondence, please contact my office at 434- 2935. Sincerely, DEBBIE FOUNTAIN Senior Management Analyst Memorandum To: ASSOCIATE PLANNER, Mike Grim From: ASSOCIATE ENGINEER, Clyde Wickham Date: 30 January 1997 Re: ARP 96 - 08, ALT KARLSBAD MINERAL SPRING SPA We Have completed our review of the proposed Administrative Redevetopment Permit. We have a few comments to add to this application at this time. 1. The site plan shows "proposed " improvements in the typical cross- section of Christiansen Way but the plan view shows existing edge of pavement with no improvements proposed. 2. The site plan also shows a part ofthe building encroaching into the pubtic right of way. A "new" planter is identified with cypress trees, that t think should be reconsidered at this time. 3. The site plan calls out a "new" 15' x 24' concrete slab & loading area also located in the existing right of way. The City usually encourages the use of asphalt instead of concrete in the public right of way. 4. This project appears to be a tittle more than an interuim use and public improvements are needed to Christiansen Way. The applicant should consider frontage improvements as required as part ofthis project. 5. Along with frontage improvements mentioned above possible street vacation may be avaiiabte. ( a standard 60' right of way is typically enough) The applicant could apply for a street vacation of 10'. If you have any-tyrther questions or require further review, please contact this lyde Wickham Associate Engineer Land Use Review Division City of Carlsbad Building Department September 10, 1996 Ludvik and Veronica Grigoras 2802 Carlsbad Blvd. Carlsbad, CA 92008 Re: Building Permit Application CB 96-804 The City is in receipt of your request dated 8/23/96. That request was for exemptions from some of the State Disabled Access regulafions for existing buildings. The City has not yet received the exemption list which was to be sent to us subsequent to receipt of that request. Please foreword this request so a response may be prepared. The City has also become aware of construction of tenant improvement which have begun on the project. Please be advise to Stop Work. Do not continue with construction prior to issuance of the above noted Building Permit. This means that no walls, electrical, plumbing, or mechanical systems may be built until the appropriate permits have been issued. Lastly, the City's plan check consultant has yet to receive corrected plans which address comments made to you in June 1996. Those plan check corrections should be made on the original tracings and two sets should be brought to the City for routing to the plan checkers. Patrick Kelley Principal Building Inspector c: City Manager Housing and Redevelopment Plan Check File 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-0894 ^ MARCH 12, 1996 TO: PRINCIPAL ENGINEER, BOB WOJCIK FROM: Associate Engineer, Wickham LUDVIK GRIGORIS REQUEST TO ADD LOADING/UNLOADING AREA ADJACENT TO THE ALT KARLSBAD BUILDING. Today I met Mr. Ludvik Grigoris at his project to discuss the proposed driveway tocation. t showed Ludvik the approved plan and the tocation we could support, (see attached plat) we measured the proposed location and agreed that the driveway location would remain as approved and the eucalyptus trees would remain, we also discussed the trimming of these trees. Because these trees are located within the public right of way t recomend that CITY CREWS trim the trees. The responsibitlity and the care of these trees can best be served by city forces, t have also attached a photograph to facillitate the trimming effort and clearly show limits of work. WE HAVE RESOLVED THE FOLLOWING: 1. THE TREES SHALL REMAIN. 2. THE PROPOSED DRIVEWAY WILL CURVE AROUND THE TREES.(see attached plat) 3. CITY CREWS WILL TRIM BOTH TREES TO IMPROVE ACCESS. Additional ptans for ALT KARLSBAD devetopment witt follow, we discussed perpindicutar parking and why the city is generally opposed to it. We also discussed the proposed street vacation of Christensen Way. CLYDE WICKHAM Associate Engineer CW:jb c:DAVE HAUSER, ASSISTANT CITY ENGINEER DEBBIE FOUNTAIN SR. MGMT. ANALYST CITY OF CARLSBAD ENGINEERING DEPARTMENT TO: DAVE BRADSTREET - COMMUNITY SERVICES DIRECTOR FROM: ROBERT JOHNSON - TRAFFIC ENGINEER WORK ORDER NO. DATE TR# - BY C.W. RES/ORD#_J?\^ LOCATION: SOUTH SIDE OF CHRISTENSEN AVE. EAST OF CARLSBAD BLVD. PROJECT: TRIM (2) EUCALYPTUS TREE BRANCH(S) JUSTIFICATION: (2) TREE LIMBS BLOCK PROPOSED ACCESS TO DRIVEWAY. Q > CQ Q < CO < CJ \ TRIM (2) LARGE EUCALYPTUS TREES BRANCH 0VERHANGIN6 PROPOSED DRIVEWAY. TRIM INSIDE BRANCHES VERTICAL TO IMPROVE ACCESS. CHRISTENSEN AVE. / ALT KARLSBAD WHEN COMPLETED. RETURN TO: (Transportation Division) DATE COMPLETED. 1. Traffic Engineer 2. CLYDE WICKHAM BY. ntM: r: Boono TO: DAVE BRADSTREET FROM: DEBBIE FOUNTAIN CITY OF CARLSBAD COMMUNITY SERVICES DIRECTOR REDEVELOPMENT. SR. ANALYST WORK ORDER DATE_ INITAL BY C.W. SOUTH SIDE OF CHRISTENSEN AVE. EAST OF CARLSBAD BLVD. LOCATION:. PROJECT: TRTM (2) EUCALYPTUS TREE BRANCH(S) JUSTIFICATION: (2) TREE LIMBS BLOCK PROPOSED ACCESS TO DRIVEWAY. Q > •-3 CQ Q < OQ CO < \ TRIM (2) LARGE EUCALYPTUS TREES BRANCH OVERHANGING PROPOSED DRIVEWAY. TRIM INSIDE BRANCHES VERTICAL TO IMPROVE ACCESS. CHRISTENSEN AVE. / ALT KARLSBAD WHEN COMPLETED. RETURN TO: DATE COMPLETED. DEBBIE FOUNTAIN REDEVELOPMENT BY. HLI: P: LUDVtXWO CITY OF CARLSBAD ENGINEERING DEPARTMENT TO: DAVE BRADSTREET - COMMUNITY SERVICES DIRECTOR FROM: ROBERT JOHNSON - TRAFFIC ENGINEER WORK ORDER NO. DATE TR# - BY C.W. RKS/QRn# N\A LOCATION: SOUTH SIDE OF CHRISTENSEN AVE. EAST OF CARLSBAD BLVD. PROJECT: TRIM (2) EUCALYPTUS TREE BRANCH(S) JUSTIFICATION: (2) TREE LIMBS BLOCK PROPOSED ACCESS TO DRIVEWAY. Q > QQ Q <: PQ CO Qi < QD \ TRIM (2) LARGE EUCALYPTUS TREES BRANCH OVERHANGINe PROPOSED DRIVEWAY. TRIM INSIDE BRANCHES VERTICAL TO IMPROVE ACCESS. CHRISTENSEN AVE. / ALT KARLSBAD WHEN COMPLETED, RETURN TO: (Transportation Division) DATE COMPLETED 1. Traffic Engineer 2. CLYDE WICKHAM BY. nut: P: BSKHWO March 4. 1996 TO: ASSISTANT CITY ENGINEER PRINCIPAL BUILDING INSPECTOR FROM: SENIOR MANAGEMENT ANALYST, HOUSING AND REDEVELOPMENT DEPARTMENT LUDVIK GRIGORIS REQUEST TO ADD A LOADING/UNLOADING AREA TO THE ALT KARLSBAD BUILDING LOCATED ON CORNER OF CHRISTIANSEN WAY AND CARLSBAD BOULEVARD Mr. Ludvik Grigoris has requested permission from the Housing and Redevelopment Department to 1) install a driveway and add a paved loading/unloading area to the rear of the Alt Karisbad building which is tocated on the southeast corner of Carisbad Boulevard and Christiansen Way and 2) to make some minor modifications to the existing building to altow for the bottling and delivery of the mineral springs water on the site. The Housing and Redevelopment Department has agreed to support these improvements; no redevelopment permits wilt be required. Mr. Grigoris witl be fon/varded to the Engineering Department and the Building Department to obtain the appropriate encroachment and building permits for adding the driveway, loading/unloading area and making the minor building modifications. Attached is a copy of the plans submitted to the Housing and Redevetopment Department to indicate the work intended to be completed by Mr. Grigoris. Please note that the addition of the driveway requires the removal of a tree. Would you please assign a member of your staff to assist Mr. Grigoris with the processing of the appropriate/required encroachment and building permits? Mr. Grigoris may be reached at 758-9569. I will contact Mr. Grigoris and ask him to work directty with your departments to complete the desired site improvements. ^-Thanks, Debbie Fountain TEL NO.519 758-9569 Feb 29,96 6:52 P.02 / • ••S .4.,.