HomeMy WebLinkAbout1988-06-21; Housing & Redevelopment Commission; 103; Lubin - Appeal of Design Review Board ActionHbUSlNG AND-‘EDEVELOPMENT COMMIS!-‘IN - AGENDA BILL CT I
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AW lo3 APPEAL OF DESIGN REVIEW BOARD TITLE: ACTION - RP 88-l/GDP 88-4 DEPT. HD.[>
MTG. 6121188 LUBIN CITY Ati-
DEPT. RED CITY MORi
RECOMMENDED ACTION: If Housing and Redevelopment Commission concurs, your action is to adopt Resolution No. 109 denying appeal and upholding the Design Review Board decision to APPROVE RP 88-l/GDP 88-4.
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ITEM EXPLANATION:
This item is an appeal by the applicant of a Design Review Board decision APPROVING a minor redevelopment permit to operate a chiropractic office at 3021 Jefferson Street.
The proposed project is a change of use from sales office to medical office. This change is an intensification of use and therefore requires a minor redevelopment permit and a coastal development permit.
ISSUES:
The applicant is appealing a condition of approval which requires applicant to make certain parking lot improvements at the location of his proposed medical office.
Staff, by inclusion of conditions regarding parking, recommended approval of this project in order to meet coastal permit and city requirements. Design Review Board, at their meeting of May 4, 1988, unanimously approved RP 8-l/GDP 88-4 based on the findings and subject to conditions of Design Review Board Resolution No. 115 and Resolution No. 116 recommending approval of a coastal development permit.
FISCAL IMPACT:
This project is not anticipated to have any direct economic impact on the City.
EXHIBITS:
l- Housing and Redevelopment Commission Resolution No. 109
2- Design Review Board staff report dated May 4, 1988 with attachments
3- Correspondence dated May 10, 1988 from applicant.
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HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 109
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA DENYING THE APPEAL AND UPHOLDING THE DECISION OF THE DESIGN REVIEW BOARD RECOMMENDING CONDITIONS OF APPROVAL OF A MINOR REDEVELOPMENT PERMIT TO OPERATE A CHIROPRACTORS OFFICE AT 3021 JEFFERSON STREET. APPLICANT: MARSHALL LUBIN CASE NO.: RP 88-l/CDP88-4
WHEREAS, an appeal of the decision of the Design Review
Board condition of approval regarding RP 88-l has been filed
with the Housing and Redevelopment Commission.
WHEREAS, pursuant to the provisions of the Municipal
Code the Housing and Redevelopment Commission did, on the
21st day of June, 1988 hold a duly noticed public hearing to
consider said appeal oof conditions of approval on property
described as:
Lesal Descriotion:
Lots 19 and 20 of Block 48 in the City of Carlsbad, County of San Diego, State of California according to Map thereof No. 775.
WHEREAS, at said hearing, upon hearing and considering
all testimony and arguments, if any, of all persons desiring
to be heard, said Commission considered all factors relating
to RP 88-l LUBIN/CDP88-4
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and
Redevelopment commission of the City of Carlsbad, as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing the Commission DENIES the appeal and APPROVES RP 88-l/CDP88-4 for reasons stated in Design Review Board Resolution No. 115. The findings of the Design Review Board shall constitute the findings of the Commission in the matter.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Housing and Redevelopment Commission of the City of Carlsbad,
California, held on the 21th day of June, 1988, by the
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Mamaux & Larson
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
(S=u
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MAY 4, 1988
lTEM 1
TO: DBSIGN REVIEW BOARD
FRon: Redeveloprent office
RP88=1/CDP 8834 LUBIN
This item was continued from the last Design Review Board meeting. At that meeting, Dr. Lubin stated that he does not want to make any improvements outside his leasable area. Staff was directed to contact the property owner to find out his interest in making the improvements with Dr. Lubin. Mr. Gene Siegel, the owner, has been contacted (see attached letter). His response is that he would be willing to pay half the cost of the parking lot improvements; at this time he does to want to remove the garage or pay for a block wall or the trash enclosure. He will be at the May 4th meeting to answer any questions the Board may have.
The applicant's architect is out of town as of this writing (4/26). Staff will continue to try to contact him before the May 4th meeting.
The Board discussed several other conditions at the meeting, including:
using a block wall instead of a wood fence along the southern property line;
installing a block wall around the trash container;
removing the garage:
providing adequate lighting in the parking lot area; and
modifying the site plan to show regular sized parking spaces with 8 l/2 - foot widths.
If it appears that Dr. Lubin and Mr. Siegel will agree to make the required improvements, staff will return with a Resolution with those conditions included. Dr. Lubin also requested that conditions #2,6,7,9,12 and 14 be dropped or modified. Staff continues to recommend inclusion of these conditions, as they are standard conditions, and/or necessary to ensure compliance of City requirements as part of issuing the Minor Redevelopment Permit and Coastal Permit.
NR:ec Attachment: DRB staff report dated ApriJ 20, 1988 *
Correspondence dated April 22, 1988 - ~, : - . v - > : _ ~ 1 J
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DESIGN REVIEW BOARD RESOLUTION NO.115
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARIXBAD, CALIFORNIA, APPROVING A MINOR REDEVELOPMENT PERMIT TO OPERATE A CHIROPRACTOR'S OFFICE AT 3021 JEFFERSON STREET. APPLICANT: MARSHALL LUBIN CASE NO.: RP 88-1
WfIEREAs, a verified application has been filed with the
City of Carlsbad and referred to the Design Review Board; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal
Code, the Design Review Board did, on the 20th day of April
1988, and the 4th day of May, 1988, consider said application
on property described as:
Lesal Descrhtion:
Lots 19 and 20 of Block 48 in the City of Carlsbad, County of San Diego, State of California according to Map thereof No. 775.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design
Review Board of the City of Carlsbad as follows:
A) l That the foregoing recitations are true and correct.
B) l That based on the evidence presented, the Board recommends APPROVAL of RP 88-1, based on the following findings and conditions.
Findinss:
1.
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3.
4.
The project complies with the overall goals of the Village Design Manual and the development standards of the Village Redevelopment Zone.
The site is physically suitable for the type and intensity of development since the site is adequate in size and shape to accommodate a medical office and parking as proposed.
All necessary public improvements have been provided or will be required as conditioned of approval.
The proposed project is compatible with the surrounding future land uses since surrounding properties are
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designated for Central Business District uses on the General Plan. 5. The project is categorically exempt from CEQA, per Section 15301, Class 1 (a).
6. This project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1.
CONDITIONS:
PLANNING DEPARTMENT
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Approval is granted for RP88-1 as shown on Exhibit(s) A, dated April 11, 1988, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions.
The applicant, because of his current operation of a chiropractic office at 3021 Jefferson Street, shall have 60 days from the approval date to meet all conditions of approval contained herein for RP88-1 and also CDP 88-4 , except for condition #14, which shall commence immediately and at the direction of the Building Department. The approval shall be null and void in 60 days if this condition is not met.
The applicant shall provide the City with a reproducible 24" x 36" 100 scale mylar copy of the SITE PLAN as approved by the Design Review Board. The SITE PLAN shall reflect the conditions of approval by the City. The PLAN copy shall be submitted to the City Engineer prior to issuance of building permits.
If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project are challenged this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law.
Approval of RP88-1 is granted subject to the approval of Coastal Development Permit 88-4.
The applicant shall prepare a detailed landscape and irrigation plan for the parking lot, which shall be submitted to and approved by the Planning Director prior to the issuance of building improvement permits.
All parking lot trees shall be a minimum of 15 gallons in size.
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All landscaped areas within the applicant's leasable area shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs.
A B-foot high block wall shall be installed along the southern property line from the west end of the house up to the beginning of the garage.
A trash enclosure shall be shown on the site plan, located to the satisfaction of the Redevelopment Director. A block wall shall be built around the trash enclosure.
The applicant shall provide lighting to the parking lot within his leasable area, and shall show its location on the site plan.
The site plan shall be revised to show 8 l/2 foot width parking stalls for all but three compact spaces and one handicapped space.
The site plan shall be revised to delete the planter on the north side of the parking lot and show a sidewalk instead along the back of the commercial buildings.
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Driveway and parking area shall have a structural section per City standards. A minimum section of 2" asphalt concrete over 4 II class II base is required.
A Right-of-Way Permit for the proposed driveway apron shall be obtained.
Developer shall pay the interim fees to be collected, at the time of building permit issuance, in the amount of $60 per daily residential, $15 per daily industrial, and $10 per daily commercial traffic trip generated by such development. This fee is imposed pursuant to the authority of Chapter 21.90 and the agreement executed pursuant to that chapter.
The existing water meter shall be relocated out of proposed driveway.
The west end of the parking lot shall be striped and curbed in replacement of landscaping in that area where one row of cars is perpendicular to the other row of cars to the satisfaction of the City Engineer. Site plan shall show this revision.
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20) The new driveway located off of Jefferson Street, shall be striped and signed appropriately as one-way in (to the west), to the satisfaction of the City Engineer.
BUILDING DEPARtWENT
21) The electrical service to the proposed medical office shall meet all current adopted codes to the satisfaction of the Building Department, including the following:
a) Service gear shall have a minimum AIC rating of 42000 AIC (Commercial Type) NEC 230-65
b) Conduit and switchgear mounted on the surface of the building exterior is not allowed by Ordinance (8104 Sec. 18.12.240).
cl Use of non-metallic sheathed cable (Romex) is not allowed when adding new wiring to commercial uses (8104 Sec. 18.12.255).
22) Office floor plan shall meet all requirements for Title 24, particularly handicap accessibility requirements.
FIRE DEPARTMENT
23) Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Design Review Board of the City of Carlsbad, California, held
on the 4th day of May, 1988, by the following vote, to wit:
AYES :
NOES:
ABSENT:
ABSTAIN:
ATTEST:
CHRIS sAImloNE HOUSING AND REDEVEILWMENT DIRECTOR
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DRB RESO NO. 115
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MATTHEW HALL, Chairperson
DESIGN REVIEW BOARD RESOLDTION NO. 116
A RESOLUTION OF TEE DESIGN REVIEW BOARD OF TBE CITY OF CARL!9BAD, CALIFORNIA, APPROVING A COASTAL DEVEIx)PMENT PERMIT TO OPERATE A CHIROPRACTOR'S OFFICE (RP88-1) AT 3021 JEFFERSON STREET. APPLICANT: MARSBALLLUBIN CASE NO: CDP 88-4
WBEREAS, a verified application has been filed with the
City of Carlsbad and referred to the Design Review Board: and
WEEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WBEREAS, pursuant to the provisions of the Municipal
Code, the Design Review Board did, on the 20th day of April,
1988, and the 4th day of May, 1988, hold a duly noticed
public hearing to consider said application on property
described as:
Lots 19 and 20 of Block 48 in the City of Carlsbad County of San Diego, State of California according to Map thereof No. 775.
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all
persons desiring to be heard, said Design Review Board
considered all factors relating to CDP 88-4.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design
Review Board of the City of Carlsbad as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Board recommends approval of CDP 88-4, based on the following findings and subject to the following conditions:
FINDINGS:
1) The project is consistent with the goals and policies established by the City's Local Coastal Plan for the area.
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2) The proposed project complies with the segments of the Local Coastal Program relating to this area of the City by providing adequate off-street parking.
3) The project is categorically exempt from CEQA, per Section 15301, Class 1 (a).
4) The project is consistent with the Local Coastal Plan for the Redevelopment Area based on compliance of the following conditions.
CONDITIONS:
1) Approval of CDP 88-4 is granted subject to the approval of RP 88-l.
2) All conditions adopted under the approval of RP 88-1, as approved by the Design Review Board on file at the Redevelopment Office, shall be incorporated herein by reference.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Design Review Board of the City of Carlsbad, California, held
on the 4th day of April, 1988, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
MATTHEW HALL, Chairperson
ATTEST:
CHRIS SAIOMONE HOUSING AND REDEVELOPMENT DIRECTOR
DRB RESO NO. 116
DATE :
TO:
FROM:
SUBJECT:
I. RECOHMENDATION
That the Design Review Board ADOPT Resolution Nos. 115 and APPROVING RP 88-l/GDP 88-4, based on the find-and 116 conditions contained therein.
STAFFREPORT
APRIL 20, 1988
DESIGN REVIEW BOARD
REDEVELOPMENT OFFICE
RP 88=1/GDP 88-4 - LUBIN - Request for a Minor Redevelopment Permit (RP) and a Coastal Development Permit (CDP) to open a chiropractor's office at 3021 Jefferson Street.
II. PROJECT DESCRIPTION
The applicant is requesting a Minor Redevelopment Permit to open a chiropractor's office at 3021 Jefferson Street, in Subarea 1 of the Redevelopment Area. The approximately 850 square foot structure, formerly a house, has more recently been leased out to office uses, ie, a sales office, and a travel agency. The change in use to medical is considered an intensification and therefore requires a redevelopment permit. The applicant plans to make interior improvements to the building and parking lot improvements. The proposal also lies within the new permit authority area for Redevelopment- issued coastal permits.
III. ANALYSIS
1) Does the project conform to the goals of the Village Design Manual, Zoning Ordinance Standards, and Coastal Regulations?
SUBAREA l/ZONING ORDINANC&
The use itself, a medical office, is allowed within the
Subarea 1 commercial and business center. The issue
associated with the project is adequate parking. The Village
Design Manual requires that adequate off-street parking in accordance with the zoning ordinance, be provided when a structure is intensified in use, which the change from office to medical would be. The parking requirement for the project is five spaces. The four existing spaces on the subject property are part of Cliff's Pantry parking. (Both parcels are owned by the same person.) As shown on the site plan, the parking layout for both lots has been reorganized to provide the five spaces for the chiropractor's office as well
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as provide additional parking for Cliff's and the other retail stores next to Cliff's.
In terms Of background, the site plan has been revised
several times to adequately meet parking requirements for the medical office, in a configuration that also fulfills engineering standards. As proposed and conditioned, the project meets the goals of Subarea 1 and other technical standards.
On December 14, 1987, the Coastal Commission granted permit authority to the Redevelopment Agency to issue Coastal Permits. The proposed project lies within the coastal jurisdiction and as such, is subject to coastal regulations. For this project, those regulations relate to the provision of adequate, off-street parking.
Basically, the coastal program does not allow reductions in parking requirements unless amendments or exemptions are approved by the Coastal Commission. Because the proposed project has met parking requirements, it complies with the Local Coastal Program.
OTHER ISSUES
One other issue that staff has concerns about is the fact that the applicant has moved into and is operating his business from the subject property at 3021 Jefferson, without approvals of a redevelopment permit, coastal permit, sign permit, and updated business license. In addition, improper electrical work was performed without the required electrical permits (see attached memo from Pat Kelly, Building Inspector). Thus, the chiropractor's office is operating illegally, without parking, proper City approvals, and with improper electrical wiring.
In this type of situation, unless there is an immediate or extreme health and safety hazard, enforcement to end the occupancy is held in abeyance when there is an application for the use being processed, until approval or denial is given. At that point, enforcement of the zoning violations begins. As a condition of approval for the project, the
applicant must cease operations until all of the other .
conditions of approval are met. If this does not happen, the City will pursue standard procedures to end the occupancy, or, if the Building Department determines that continued use will be dangerous to life or property, the electrical service could be removed.
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IV.
The proposed project is categorically exempt from CEQA, per Section 15301, class 1 (a), interior alterations to an existing structure.
For the reasons discussed above, staff recommends approval of RP88-l/CDP88-4.
1. Design Review Board Resolution No. 115 and No. 116 2. Location Map 3. Disclosure Form 4. Memo from Pat Kelly 5. Environmental Documentation 6. Exhibit IrAt@ dated ADril 11, 1988
MEMO
March 28, 1988
TO: NANCY ROLLMAN
FROM : PAT KELLY, BUILDING INSPECTOR
RE: REDEVELOPMENT PERMIT FOR 3021 JEFFERSON STREET
The structure at the above location was, in its previous use, an office
which created little more risk than a residential occupancy. However,
the change in use to a doctor’s office will introduce a great deal of
sophisticated equipment (ie: x-ray, ultra-sound, sterilization equipment
and other physical therapy equipment) to an electrical system installed
for intermittent residential use.
The Building Department’s policy regarding these types of conversions is that all existing circuits may remain, as is. All new circuits and
switch gear installed must comply with our current adopted code and
ordinance (attached).
Dr. Lubin drew a permit to add an electric circuit for the x-ray
machine (attached). He then proceeded to change the entire electric
service and add numerous other circuits without proper permits.
At that time he was informed that the new service and additional work
should conform as follows:
1. Service gear shall have a minimum AIC rating of 42000 AIC
(Commercial Type) NEC 230-65
2. Conduit and switchgear mounted on the surface of the building
exterior is not allowed by Ordinance (8104 Sec. 18.12.240).
3. Use of non-metallic sheathed cable (Romex) is not allowed when
adding new wiring to commercial uses (8104 Sec. 18.12.255).
4. Office floor plan shall meet all requirements for Title 24,
particularly handicap accesssibility requirements.
5. All other necessary permits and liscences were his responsibility.
(Business, &development Permit, Coastal)
Memo to Nancy Rollman
March 28, 1988 page 2
He responded in writing that he was returning the business to its
previous use and the Building Department accepted the work done
without permits as it was.
The Building Department reccomends that all conditions that remain above
be contained in the Redevelopment Permit if this is possible and that
Dr. Lubin, or his contractor, secure proper permits and pass inspection.
-- 1. --- -2, -2 LALL --- .-
PAT KELLY, BUILDING INSPECTOR .‘---
PK:maw
PLANNING DEPARTMENT
2075 LAS PALMAS DRIVE
CARLSBAD, CALIFORNIA 92009-4859
(619) 436-l 161
NOTICE OF EXEMPTION
February 8, 1988
County Clerk County of San Diego
220 West Broadway
San Diego, California 92101
Proiect Title Lubin, RP 88-l
Proiect Location--Snecific 3021 Jefferson Street, Carlsbad
Proiect Location--City Carlsbad Project Location--Countv San Diego
Description of Nature, Purnose, and Beneficiaries of Proiect' Conversion of a business office to a chiropractor's office
Name of Public Aaencv Annrovina Proiect City of Carlsbad
Name of Person or Aaencv Carrvino Out Proiect Marshall Lubin
Exempt Status (Check dne)
- Ministerial (Sec. 15073) - Declared Emergency (Sec. 15071 (a)} - Emergency Project (Sec. 15071 (b) and (c))
x Categorical Exemption. State type and section number: 15301, Class l(a)
Reason Whv Project Is Exemot: Minor alteration to existing structure
Contact Person Nancy E. Rollman (619) 438-1161
Planning Director
LOGATION MAP _ -
I ..e .-I c-l l--Y--i
RP 88-I LUBIN
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DISCLOSURE FORM
APPLICANT: I,’ , r - * , ,’ -4, / .Y / ‘ /. ,.‘,&j ~ -&//i-,
Name (individsl, part>ershTp, joint venture,’ corporation, syndication)
y-q-J /7 / ’ _ ,1 , ‘.C
BUShess Address
‘f-i df - ‘/ ;‘t ;
Teliphone Number
AGENT: -/ y-4
Name
Business Address
Telephone Number
MEMBERS: <- ,; . * r : ‘.-
Name (individual, partner, joint
venture, corporation, syndication)
Home Address
Business Address .
Telephone Number Telephone Number
Name Home Address
Business Address
Telephone Number Telephone Number
(Attach more sheets if necessary)
IlWe understand that if this project is located in the
for Coastal Commission Approval prior to development.
Coastal Zone, l/we will apply
I/We acknowledge that in the process of reviewing this appiication, it may be
necessary for members of City Staff, Planning Commissioners, Design Review Board
members, or City Council members to inspect and enter the property that is the
subject of this application. I /We consent to entry for this purpose.
I/We declare under penalty of perjury that the information contained in this disclosure
is true and correct and that it will remain true and correct and may be relied upon
as being true and correct until amended.
.
L ; y;‘y.. -2 \ Y 7 ‘. / / L ,,’ L-. APPISICAN’T
t ef-l.-
BY Agent, Owner, Partner
PLANNING DEPARTMENT
2075 LAS PALMAS DRIVE
CARLSBAD, CALIFORNIA 92009-4859
(619) 438-l 161
&itp of CarlrSbab
April 22, 1988
Mr. Gene Siegel 4930 El Cajon Blvd. San Diego, CA 92115
Dear Mr. Siegel:
Attached is the site plan and staff report associated with Marshall Lubin's redevelopment permit. As you can see from the
map, the parking is proposed to be rearranged so that the 5 required spaces for Dr. Lubin and the 9 existing spaces for Cliff's and the other stores are accommodated. Several additional spaces are created by this layout. This layout is the 4th or 5th attempt to make the parking meet technical standards.
A rough, estimated cost to make the parking lot improvements is $11,000. The Design Review Board also is requesting that the trash bin be enclosed in a standard concrete enclosure, and that a masonry wall be installed along the southern property line, which would add roughly another $10,000 to the cost. Finally, the Design Review Board would like the two-car garage removed.
As I mentioned to you by phone, the Design Review Board would like you to be present at their next meeting (May 4, 5 p.m., 1200 Elm Avenue) to answer questions about your involvement or non- involvement with Dr. Lubin in making the improvements.
Please call me after you have had a chance to review the enclosed materials. I can be reached at 483-1161, except on Tuesdays when I am at the Redevelopment office at 434-2811.
Sincerely,
TA t:l& Z'
3
P
k&Q .,I I.fldK__,
NANCY E. ROLLMAN Associate Planner
NER:af
Attachment
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1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
Office of the City CIefk
RpiyjYL TELEPHONE
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APPEAL FORM
I (W) appeal the following decision of the Desim RC?V~ F?W P,nard
to the City Council:
Project Name and Number (or subject of appeal): RP 88-l/CUP 88-4
Date of Decision: May 4, 1988
Reason for Appeal: See Attached Sheets
&tag 11, 1988
Date Signature
Marshall B. Lubin. D.C.
Name (Please Print)
3.536 Woodland Way, Carlsbad
Address
434-4743 Telephone Number
dr. marshall b8 lubin
chiropractic phywan
To: Carlsbad City Council May 10, 1988
From: Dr. Marshall B. Lubin
Re: 3021 Jefferson St.
Dear Council Members.
On Wednesday, May 4th, the design review board mandated
that a parking lot be built at the location noted above.
This decision was based mainly on the point that a doctors
office was an intensification of traffic at this address. I
propose to show that this is not the case, and furthermore,
that sufficient parking in the area is available for the
needs of this office.
11 During the past 4 years two businesses have
occupied this location, a travel agency and a marketing firm. Neither of these business activities were required to make accommodation for parking. 2) On the property adjacent to mine, five businesses presently are open serving the public.
IAS Cliffs Pantry-sees over one hundred customers per day. No additional parking required. B. Bradleys Janitorial Supply-services approx. 50 customers per day. No additional parking required. C. Vans Shoes-sees 20-40 customers per day. No additional parking required. D. Nexus Hair Salon-sees approx. 40 clients per day. No additional parking required. E. And finally, the Video Store-Sees approx. 30 customers per day presently and expects to see 60 per day in
the near future. This store opened within the last three
months and no additional parking was required.
My office is open from 2-7PM on Monday, Wednesday, Thursday,
Friday, and Saturday by appointment. I have an agreement
with Cliffs Pantry to use the parking lot behind the restaurant during the hours that they are closed, i.e. after 2:30PM. I also have an agreement with Paster Webber, which allows my patients to use the church parking lot, located at
Elm and Harding Streets, if needed. Jefferson St. itself is
practically deserted after cliffs closes in the early afternoon, which leaves more than enough parking for my needs. Above I noted numerically the average clients per day of the businesses adjacent to my office. My office sees approx. 10 patients per day at present. Hopefully, that number will grow to 15 per day within the next year. Even with that number, I do not even come near to the traffic already generated by the existing businesses. None of those
800 grand avenue, suite b4 l carlsbad, ca 92008 l 619/434-4743
dr, marshall b, lubin
chrropractic physician
enterprises have been required to add parking to the area, and I contend that it is both unfair and unnecessary to single out my office in this instance. I propose that this issue be reviewed and that the decision of the design review board be overruled to allow the existing parking to suffice for the needs of this off ice. My thanks in advance.
Sincerely,
800 grand avenue, suite b4 l carlsbad, ca 92008 l 619/434-4743
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Housing and Redevelopment Commission of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:00 P.M. on Tuesday, June 21, 1988, to consider an APPEAL of the Design Review Board's APPROVAL of an application for a minor redevelopment permit to open a chiropractic office at 3021 Jefferson Street in subarea 1 of the V-R Zone and more particularly described as:
Lots 19 and 20 of Block 48 in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 775.
Those persons wishing to speak on this appeal are cordially invited to attend the public hearing. If you have any questions please call the Redevelopment Office at 434-2811.
If you challenge the Redevelopment Permit in court, you may be limited to raising only those issues you or someone raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing.
CASE FILE: RP88-l/CDP88-4 APPLICANT: MARSHALLLUBIN PUBLISH: June 10, 1988
CITY OF CARLSBAD HOUSING AND RF,DEWELOPMENT COMMISSION
+- . .
. . 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008
Office of the City Clerk
II@
(situ of (aarlsbn~
TO: CITY CLERK'S OFFICE
-
TELEPHONE
(6 19) 434.2808
FROM: Housing and Redevelopment
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice
RP 88-l/GDP 88-4 LUBIN (APPEAL)
for a public hearing before the Bk@~iswxk%x Housing and Redevelopment Commission,
Housing and Redevelopment Commission Please notice the item for theX%~XlXmeeting of Juu 21. 19A8
Thank you.
HOUSING AND REDEVELOPMENT DIRECTOR
June 3. 1988
Date
WILLIAMD.HENDFUCK
228 S. Hill Street Oceanside, CA 92054
cxfusBADuN1mcHuRcH CARISBADUNIoNCHUFxX
3175 Harding Street 3175 Harding Street Carl&ad, CA 92008 Carl&ad, CA 92008
BARBARAANNEJO?lNSON 897 Oak Avenue Car&bad, CA 92008
A.MIGUELGQNZALEZ 3119-B Madison Street Carlsbad, CA 92008
PRuvIDEmBANK
c/O CIRCLE K CORP. #2986 P. 0. Box 52084 Phoenix, AZ 85072
Marshall B. Lubin, D.C. 3536 Woodland Way Carlsbad, CA 92008
CEEBEE P. 0. Box.295 Carl&ad, CA 92008
cARLsmuN1cNcHuRcH 3175 Harding Street Carl&ad, CA 92008
r?v-wRo&RAMoNAFLQREs
P. 0. Box 80 Carl&ad, CA 92008
ROBERT &-BARKER
2435 Mark Circle Carl&ad, CA 92008
cxR?SBADuNIoNcHuRcH 3175 Harding Street Carl&ad, CA 92008
FLmENC10Rfxxumz
675 Oak Avenue Carlsbad, CA 92008
HIL?U?IOFTQRES
3145 Madison Street Carl&ad, CA 92008
GOOD SHEPHERD ASSEBBLY OF GOD /
P. 0. Box 1035 Carl&ad, CA 92008
THECITYOFWBAD I
* /
FFcq/IPI 1987 PROPEF?IY 03. !
3443 N. Central Avenue #500 l Phoenix, AZ 85012
FRED & PHYLLIS NOFWAN
2673 Vancouver Street Carl&ad, CA 92008
JAMEs&IANABESAW 2221 Wirhleton Lane La Habra, CA 90631
NICHOLGS &JEANBANCHE
3464 Ridgecrest Drive Carl&ad, CA 92008
VIRGINIAY.DYKE
3120 Madison Street Carl&ad, CA 92008
RAMON R. YEUNM) 3130 Madison Street Carlsbad, CA 92008
LEWIS&PAULINECHASE P. 0. Box 295 Carlsbad, CA 92008
JEFFERSCN HOUSE
5620 Friars Road San Diego, CA 92110
THE CITY OF CARLBAD
ImYD&RAE~vIEs 1067 Sandalwod El CentK>, CA 92243
Ji4MEs&IDAScANLQN~ 7306 Borla Place Carlsbad, CA 92008
JoHN&M?aYGR?wr 7173 Obelisco Circle Carl&ad, CA 92008
NEAL&CARoLBAKER 3472 Parkside Drive San Bernardino, CA 92404
VIRGINIAY.DYKE 3120 Madison Street Carl&ad, CA 92008
GERLADM.BCWERS 3199 Falcon Drive Carl&ad, CA 92008
HAROLD&mANDERsON 3121 Jefferson Street Carlsbad, CA 92008
ALAN K. JACOBS P. 0. Box 532 Anza, CA 92306
THECITYOFCARLSBAD
MILDRJZDR.CROWLEX 2928 Jefferson Street Carlsbad, CA 92008
- L. - C/O PROPEKIY TAX DIVISION P. 0. Box 7600 Im3 Angeles, CA 90051
cmDm&MARILYNLARsEN
C/O MITSUBISHI BANK P. 0. Box 60261 IDS Angeles, CA 90060
NIGEL&SARIFENNEL
C/O DESERI' PETROLEUM P. 0. Box 1601 ox-lard, CA 93030
VIRGINIAY.DYKE 3120 Madison Street Carlsbad, CA 92008
NOBELINTERNATIONAL~. 4944 cass street #I209 San Diego, CA 92109
ROBEHT J. COLES 3111 Jefferson Street Carlsbad, CA 92008
LECN PERL 215 N. Palm Drive Beverly Hills, CA 90210
PACIFIC SOUIWESTREALTYCO.
P. 0. Box 2097 Terminal IDS Angeles, CA 90051
FRED&ANNEPARKER 14088 Rue Mmam De1 Mar, CA 92014
IK)Y&PATRICIAA!IXIN 3565 Trieste Drive Carlsbad, CA 92008
KX%Xl?&MARTHABARKJXR 2435 Mark Circle Carl&ad, CA 92008
EUGENF,H.SIEGEL 4930 El Cajon Blvd. San Diego, CA 92115
*
KECNATIONAL,
E. 0. Box 35910 ImGsville, KY 40232
MACG.MORRIS II 3680 Feliz Creek Road Hopland, CA 95449
CARMENGAsTEulM 323 Hill Drive Vista, CA 92083
-F. BULUXK 326 Santa.Helena Solana Beach, CA 92075
JOHNMONJ!ALBZWO
2503 Via Rancheros Fallbrook, CA 92028
FRED&ANNEPAmER
14088 Rue Monaco De1 Mar, CA 92014
FEDERIco c. MELENDEZ 3091 Jefferson St. #l/2 Carl&ad, CA 92008
RoBrn&MARTHAE?ARxER 2435 Mark Circle Carl&ad, CA 92008
E'EENE H. SIEGF,L 4930 El Cajon Blvd. San Diego, CA 92115
MAC G. MORRIS II
3680 Feliz Creek mad Hopland, CA 95449
ROEElU'&MAKCHABARKER 2435 Mark Circle Carl&ad, CA 92008
LESLIE & MINERVA LAMB 3043 Harding Street Carl&ad, CA 92008
SHERYLF.BULUXK
326 Santa Helena Solana Beach, CA 92075
c3-harm v. NORRIS
2538 Jefferscn Street Carl&ad, CA 92008
LiLmD&~ARAMcc?sKrHY 549 S. Third Avenue Avocado Heights, CA 91746
NICHOLAS&MARGUERITECFUMPWN 3071 Jefferson Street Caslsbad, CA 92008
FRANK&THELMAVITALIE 3037 Jefferson Street Carl&ad, CA 92008
FEDERICO C. MELENDEZ 3091 Jefferson Street #l/2 Carl&ad, CA 92008
MAC G. MORRIS II 3680 Feliz Creek Road Hopland, CA 95449
THECITYOFCARISBAD
.
GOOD SHEPHERDASSEMBLYOFaOD P. 0. Box 1035 Carl&ad, CA 92008
-i
ROBERT f DARLENEPEARSCRJ 2125 Woodwind Drive Olivenhain, CA 92024
cmusBADGRANTGENERALPTNP. P. 0. Box 8193 Ranch0 Santa Fe, CA 92067
ISRAWI BRCIHERS
c/o SALIM ISRAWI 425 N. Arden Blvd. Ia Angeles, CA 90004
cITYoFcAwsBADRED~~
AGENCY
MINNIECARPENTER G?!KIEYPARKER 2992 Roosevelt Street 3215 Maezel Lane Carl&ad, CA 92008 Carl&ad, CA 92008
CCEANSIDE FEDERAL SAWGS &
IDANASSN 1901 Newport Blvd. Costa Mesa, CA 92627
MINNIE CARmsNTER
2992 mosevelt Street Carl&ad, CA 92008
JODE GILBEKI 4350 Highland Drive Carlsbad, CA 92008
PERCY&LUCILLECLGUD
5201 Shore Drive
Carlsbad, CA 92008
SACHIObTAEKOMATSUBARA 1360 Forest Avenue Carlsbad, CA 92008
cARIsBADGRANDGE2\IERALPTNP.. P. 0. Box 8193 Ranch0 Santa Fe, CA 92067
HC&lESSAVINGS&LOANASSN. 3731 Wilshire Blvd. S-970 Ias Angeles, CA 90010
PACKARDDEVEIXPMEMI 725 Grand Avenue Carlsbad, CA 92008
CORP.
CITYOFCARISBADREDEVELOPMENT
AGENCY
CCEANSIDE FEDERAL SAVINGS &
LOW ASSN. 1901 Newport Blvd. Oosta,Masa, CA 92627
QAKLEYPARKER T
3215 Maezel Lane Carl&ad, CA 92008
0AK.mYPARJmR * 3215 Maezel Lane Carl&ad, CA 92008
GLENN&AUD~McC@lAS
1265 Cynthia Lane Calrsbad, CA 92008
SACHI b TAEKOMATSUBARA 1360 Forest Avenue Carl&ad, CA 92008
LA JOLLA BANK & TRUST P. 0. Box 22629 San Diego, CA 92122
CITYOF CARLSBAD REDEVELL>P-
MENTAGENCY
OAKLEYPARKER 3215 Maezel Iane Carl&ad, CA 92008
OCEANSIDE FEDERAL SAVINGS &
LOAN ASSN. 1901 Newport Blvd. Costa Mesa, CA 92627
OAKLEYG.PARKER
3215 Maezel Lane Carlsbad, CA 92008
MARIc&M?mYam3AR
P. 0. Box 1667 Carlsbad, CA 92008
EDDIE L. ROBINSON
2022 Estero Street Oceanside, CA 92054
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
Office of the City Clerk
RECEIyE~; TELEPHONE
C1j-Y CI,E?ji’S “,“1:““;[;@19) 434-2808
Ullitu af tlhlrlsbnb c/J-y (y ~y?‘,,~,~.~>,~
I (W) appeal the following decision of the Desim Rev-i FEW a~d
to the City Council:
Project Name and Number (or subject of appeal): RP 88-l/CUP 88-4
Date of Decision: Mas 4, 1988
Reason for Appeal: See Attached Sheets
_faq 11, 1988 Date Signature
Marshall B. Lubin. D.C.
Name (Please Print)
3536 Woodland Was, Carlsbad
Address
434-4743
Telephone Number
dr, marshall b, lubin
chiropractic physician
To: Carlsbad City Council May 10, 1988
From: Dr. Marshall B. Lubin
Re: 3021 Jefferson St.
Dear Council Members,
On Wednesday, May 4th, the design review board mandated that a parking lot be built at the location noted above.
This decision was based mainly on the point that a doctors
office was an intensification of traffic at this address. I
propose to show that this is not the case, and furthermore,
that sufficient parking in the area is available for the needs of this office.
1) During the past 4 years two businesses have
occupied this location, a travel agency and a marketing
firm. Neither of these business activities were required to
make accommodation for parking. 2) On the property adjacent to mine, five businesses
presently are open serving the public. A. Cliffs Pantry-sees over one hundred customers
per day. No additional parking required.
B. Bradleys Janitorial Supply-services approx. 50
customers per day. No additional parking required.
C. Vans Shoes-sees 20-40 customers per day. No
additional parking required. D. Nexus Hair Salon-sees approx. 40 clients per
day. No additional parking required.
E. And finally, the Video Store-Sees approx. 30
customers per day presently and expects to see 60 per day in
the near future. This store opened within the last three
months and no additional parking was required.
My office is open from 2-7PM on Monday, Wednesday, Thursday, Friday, and Saturday by appointment. I have an agreement with Cliffs Pantry to use the parking lot behind the restaurant during the hours that they are closed, i.e. after 2:30PM. I also have an agreement with Paster Webber, which allows my patients to use the church parking lot, located at Elm and Harding Streets, if needed. Jefferson St. itself is
practically deserted after cliffs closes in the early afternoon, which 1 eaves more than enough parking for my needs.
Above I noted numerically the average clients per day
of the businesses adjacent to my office. My office sees
approx. 10 patients per day at present. Hopefully, that
number will grow to 15 per day within the next year. Even
with that number, I do not even come near to the traffic
already generated by the existing businesses. None of those
800 grand avenue, suite b4 l carlsbad, ca 92008 l 619/434-4743
,--
dr, marshall b, lubin
chiropractic physician
enterprises have been required to add parking to the area,
and I contend that it is both unfair and unnecessary to
single out my office in this instance.
I propose that this issue be reviewed and that the decision of the design review board be overruled to allow the existing parking to suffice for the needs of this office. My thanks in advance.
Sincerely,
800 grand avenue, suite b4 l carlsbad, ca 92008 l 619/434-4743
HOUSING AND REDEVELOPMENT RECzzI’$EL
NAY 12, 1988
-
REDEVELOPMENT oFFicE 2965 Roosevelt Street
Suite 6 Carlsbad, CA 92006
(619) 434-2611
CERTIFIED MAIL
RETURN RECEIPT
MARSHALL B. LUBIN, D.C. 3536 Woodland Way Carlsbad, Ca. 92008
REQUESTED
FU3: APPEAL OF DESIGN REVIEW BOARD DECISION OF NAY 4, 1988 RP 880l/GDP 88-4
We are in receipt of your Notice of Appeal regarding above referenced project, notice dated May 11, 1988.
A decision on a minor redevelopment project, by the Design Review Board, may be appealed to the Housing and Redevelopment Commission (Carlsbad Municipal Code, Section 21.35.110)
In accordance with the Carlsbad Municipal Code, the Carlsbad Housing and Redevelopment Commission shall hold a public hearinq on a redevelopment permit which has been appealed. In order to comply with public hearing requirements, notice shall be given as provided for in Sections 21.54.060 and 21.54.064. Excerpts from the Carlsbad Municipal Code are listed below in order to meet requirements for compliance of said public hearing:
Section 2.35.115 Housing and Redevelopment Commission Action. The housing and redevelopment commission shall hold a public hearing on a redevelopment permit which has been appealed or for which the design review board has filed a report with the city clerk.....
Section 21.54.060 Notices. (c) Notice of the hearing shall be mailed or delivered at least ten days prior the hearing to all owners of real property as shown on the latest egualized assessment roll within 'six hundred feet, or three hundred feet for variance applications, of the real property that is the subject of the hearing.....
Section 21.54.064 Applicant's responsibilities. (a) The applicant for any action requiring a noticed public hearing shall provide the city with a list of persons or entities to whom notice must be given and the addresses of such persons. The applicant shall also provide
-
MARSHALL B. UJBIN, D.C. Notice of Appeal May 12, 1988 Page 2
stamped, addressed envelopes, for mailing notice. The list and the envelopes, if required, shall be provided to the city not more than forty-five nor less than thirty days prior to the time the matter is scheduled for hearing. If the number of persons to whom notice would be mailed exceeds one thousand the applicant may, in lieu of providing the stamped, addresed envelopes, provide an appropriate display advertisement. The applicant shall verify the accuracy of the list and the addresses. The secretary of the planning commission or the city clerk shall be responsible for informing the applicant of the date a matter is scheduled for hearing. (b) The applicant shall pay the cost of providing the notice required by this chapter.
Please provide this office with items needed for public hearing notice. When items are received we will proceed with the processing of notice of appeal to be forwarded to the Housing and Redevelopment Commission.
CS:al
c: City Clerk