HomeMy WebLinkAbout2006-12-19; Housing & Redevelopment Commission; Resolution 4321
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HOUSING AND REDVELOPMENT RESOLUTION NO. 432
A RESOLUTION OF THE HOUSING AND
REDEVELOPMENT COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA GRANTING THE APPEAL TO
CONVERT AN EXISTING RETAIL SPACE TO OFFICE
SPACE ON PROPERTY LOCATED AT 2898 STATE
STREET IN LAND USE DISTRICT 1 OF THE CARLSBAD
VILLAGE REVDEVELOPMENT AREA.
APPLICANT: GARYNESSIM
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WHEREAS, on September 25, 2006, the City of Carlsbad Design Review
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Board held a duly noticed public hearing to consider an appeal of the Housing and
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Redevelopment Director's denial of Administrative Redevelopment Permit RP 06-
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08 Homelife Village Realtors and adopted Design Review Board Resolution No.
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313 upholding the decision of the Director and denying the appeal; and
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WHEREAS, the Housing and Redevelopment Commission held a public14
hearing on Appellant's appeal from the decision of the Design Review Board which15
,e was filed on September 26, 2006 and attached as Exhibit A; and16
17 WHEREAS, the Housing and Redevelopment Commission considered all
arguments and evidence relevant to the appeal including the recommendations of
the Housing and Redevelopment Director and the Design Review Board pursuant
to Carlsbad Municipal Code Section 21.54.140 setting forth the applicable appeal
standards for appeals of decisions by the Housing and Redevelopment Director;
and
WHEREAS, after careful consideration of all the arguments and evidence
adduced at the hearing after due consideration and deliberation, the Housing and
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1. That the above recitations are true and correct.
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2. That the Housing and Redevelopment Commission determines that
the proposed real estate office is compatible in! scale and character to the
surrounding village development. .
3. The Housing and Redevelopment Commission determines that the
proposed real estate office will not negatively impact existing or planned retail
continuity in significant concentrations of commercial shops because it is
consumer-oriented and small in scale, previously existed at another location within
the same building in close proximity and the Village Master Plan and Design
Manual allows previous retail space to be converted to real estate office space
without additional parking provided said uses have identical parking requirements.
4. The Housing and Redevelopment Commission determines that the
project is consistent with the policy, goals and action programs set forth in the
Carlsbad General Plan for the Village Area.
5. The Housing and Redevelopment Commission determines that the
project is consistent with all applicable development standards and land use
policies contained in the Village Master Plan and Design Manual and the Village
17 Redevelopment Plan and will not have a negative impact on adjacent uses.
18 6. The Housing and Redevelopment Commission determines that the
19 granting of the appeal is categorically exempt under CEQA guidelines section
20 15303 for the new construction of conversion of small structures.
21 NOW, THEREFORE, BE IT RESOLVED that the Housing and
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Redevelopment Commission grants the appeal and refunds Appellant's appeal
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fees upon the following terms and conditions:
1. The Appellant shall be entitled to relocate his business within the
existing building located at 2898 State Street to the corner office at the intersection
of State Street and Grand Avenue provided that it shall not exceed 1200 square
28 feet in size and provided further that the Appellant shall continue in the real estate
business and publish, use and distribute real estate flyers in its window to1
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frequently attract visitors to stop and shop and shall continue to provide free maps,
advice on restaurants, shops, information and real estate values and directions on
where to stay in the Village for a day or the rest of one's life.
5 2. That Appellant shall improve the exterior tenant improvements to
6 increase pedestrian traffic for all of the building tenants and shall include the
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installation of skylights which shall enhance the building without increasing the
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power consumption, new columns, removal of existing awnings, hew matching
fascia and matching brickwork below the windows all to the satisfaction of the
Housing and Redevelopment Director.
3. No other type of professional office shall be allowed at said location as a
13 result of the granting of this appeal. An amendment to this appeal shall be
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required to obtain approval for any other type of professional office at said
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location.
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Village Master Plan and Design Manual. No exceptions or exemptions to the
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4. Appellant shall be required to obtain a permit from the Carlsbad
Redevelopment Agency to install signage for this use. All signage, including
window signage, shall comply with the requirements and standards set forth in the
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standard for signage are approved for this use as a result of the granting of this
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appeal.
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5. The Appellant shall obtain a building permit and shall comply with all
requirements of the Building Code as set forth in the Carlsbad Municipal Code for
all exterior facade and interior tenant improvements for said project.
6. This action is final the date this resolution is adopted by the Housing and
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Redevelopment Commission. The provisions of Chapter 1.16 of the Carlsbad
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"The time within which judicial review of this decision must be sought is governed by Code of Civil
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Municipal Code, "Time Limits for Judicial Review" shall apply:
NOTICE TO APPLICANT
Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad
Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in
the appropriate court not later than the ninetieth day following the date on which this decision
becomes final; however, if within ten days after the decision becomes final a request for the record
of the proceedings accompanied by the required deposit in an amount sufficient to cover the
estimated cost of preparation of such record, the time within which such petition may be filed in
court is extended to not later than the thirtieth day following the date on which the record is either
personally delivered or mailed to the party, or his attorney of record, if he has one. A written
request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of
Carlsbad, 1200 Carlsbad Village Drive Carlsbad, California, 92008."
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Housing and
Redevelopment Commission of the City of Carlsbad on the 19th day of December,
2006, by the following vote:
AYES; Commission Members Kulchin, Hall, Packard, Sigafoose
NOES: Commission Member Lewis
ABSENT: None
ATTEST:
RAYMOND
(SEAL)
TT, Secretary
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