HomeMy WebLinkAbout1990-11-20; Housing & Redevelopment Commission; 165; Dr. David Tracy's Request for ExemptionHOUSING ANL-,?EDEYELOPMENT COMMIS,,ON - AGENDA BILL
A0# 165.- TITLE: DR. DAVID TRACY’S REQUEST FOR AN
MTG. 11/20/90 EXEMPTION FROM THE PARKING REQUIREMENTS
FOR MEDICAL OFFICE DEPT. RED I A I
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Grant an exemption from the medical office parking requirements
for Dr. David Tracy’s oral surgeon practice at 785 Grand Avenue
based on the findings and conditions outlined in Resolution
No. 181 .
ITEM EXPLANATION:
At the September 18, 1990 meeting, the Housing and Redevelopment
Commission denied Dr. David Tracy’s request for an exemption from
the City’s “medical use” parking requirements for his proposed
oral surgeon practice at 785 Grand Avenue in the Village
Redevelopment Area. However, staff was instructed to research
the possibility of expanding the current “professional office”
definition to include specialized, low volume medical uses for
the purposes of determining parking requirements.
p: -Ix To expand the current definition of “professional office” use, -. I- the City will be required to amend Section 21.44, Parking, of the
.L Carlsbad Municipal Code. An amendment to the Parking Ordinance 5 .Z? involves a lengthy process of review and public hearings before
various boards, committees and commissions. Prior to initiating
the process of amending the Parking Ordinance, it is recommended
that a comprehensive review of all parking requirements within
the Village Redevelopment Area be conducted by the proposed
Master Plan Committee.
Due to the complexity and time consuming nature of the ordinance
amendment process, staff suggests that the most expedient manner
in which to assist Dr. Tracy is to grant an exemption from the
medical office parking requirements for his oral surgeon practice
at 785 Grand Avenue in the Village Redevelopment Area. Staff has
concluded from its research that the Commission has the authority
to grant exemptions from any of the “limits, restrictions and
controls established by the Redevelopment Plan...,” including
medical office parking requirements, for projects within the
Village Redevelopment Area.
In researching Dr. Tracy’s request for an exemption, staff has
been unable to identify any other oral surgeon in the Village
Area or in the entire City to provide services for Carlsbad residents. Since the office use proposed by Dr. Tracy is unique
in Carlsbad, its lack of representation may justify the exemption
from parking requirements. Pursuant to Part IV (Permitted Uses
and Controls), Section B-11 of the Carlsbad Village Area
Redevelopment Plan (adopted 7/7/81 by Resolution No. 9591), the
Commission has the authority to grant Dr. Tracy’s.request for an
exemption from the medical office parking requirements if four
(4) findings are made and special conditions upon the exemption
approval are imposed as necessary or appropriate. The four (4) required findings are:
AGENDA BILL NO. 165 PAGE 2
1 . The application of certain provisions of the plan would
result in practical difficulties or unnecessary hardships
which would make development inconsistent with the general
purpose and intent of the Redevelopment Plan,
2.
3’.
There are exceptional circumstances or conditions unique to
the property or the proposed development which do not
generally apply to other properties or developments which
have the same standards, restrictions and controls.
The granting of an exemption will not be injurious or
materially detrimental to the public welfare, other
properties or improvements in the project area.
4. The granting of an exemption will not contradict the
standards established in the Village Design Manual. In
granting of exemptions, the Commission shall impose such
conditions as are necessary.
In Exhibit 2, staff has provided statements which can be used by
the Commission to justify the four (4) findings as they relate to
Dr. Tracy’s request for an exemption from the parking
requirements for his proposed medical office at 785 Grand Avenue.
Pursuant to the Redevelopment Plan, if the Commission makes the
four (4) required findings as outlined, the threshold is met to
grant an exemption from the parking (or other) requirements and
additional conditions of approval can, then, be imposed as
appropriate and/or necessary.
If the Commission chooses to grant an exemption from the parking
requirements for Dr. Tracy’s specialized, low volume medical
office, staff suggests that the following “conditions of
exemption approval ” be imposed :
1)
2)
3)
4)
5)
Dr. Tracy’s office space shall not exceed 1600 sq. ft.
of office space at the 785 Grand Avenue professional
office building for his Oral and Maxillofacial Surgery
practice;
Dr. Tracy shall be the sole Oral and Maxillofacial
Surgeon within the approved office space for his entire
tenancy at the noted building;
Dr. Tracy shall not sublease any of the approved office
space to another person at any time during his tenancy;
Dr. Tracy shall have no more than one (1) fully
equipped patient station (excluding examining and
recovery rooms) and no more than ten (10) scheduled
patients per day; and,
Housing and Redevelopment Staff shall periodically
monitor the use of the approved office space to ensure
AGENDA BILL NO. 165 PAGE 3
that Dr. Tracy is adhering to all of the “conditions of
exemption approval ” prior to the renewal of his annual City
business license during his tenancy at the 785 Grand Avenue
professional office building. Violation of any of these conditions shall result in termination of this grant of
exemption.
Staff is recommending that the Commission allow Dr. Tracy to
locate his oral surgeon practice within the professional office
building located at 785 Grand Avenue in the Village Redevelopment
Area by granting him the exemption from the medical office
parking requirements.
Staff also recommends that the Commission include the
comprehensive review of alJ Village Redevelopment Area parking
requirements in the work plan for the proposed Master Plan
Committee. The results of the Committee’s review can be used to
decide whether or not an amendment to the Parking Ordinance
should be approved by the Commission. While the Committee is
conducting its comprehensive review of the parking requirements,
the City may receive other requests from specialized, low volume
medical professional offices for exemptions from the parking
requi rements. If additional requests for exemption are received,
it is recommended that the Commission consider these requests on
a case-by-case basis.
FISCAL IMPACT:
No fiscal impact.
EXHIBITS:
1 - Resolution No. 181
2 - Support for the four (4) required findings as related
to Dr. David Tracy’s request for an exemption from the
City’s medical office parking requirements.
3 - Dr. David Tracy’s original request for exemption from
the medical office parking requirements.
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RESOLUTION NO. 181
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION, CARLSBAD, CALIFORNIA APPROVING AN
EXEMPTION FROM PARKING STANDARDS FOR THE ORAL
SURGEON PRACTICE OF DR. DAVID TRACY AT 785 GRAND
AVENUE.
WHEREAS, Dr. David Tracy submitted a request for
exemption from the medical office parking requirements for
his oral surgeon practice at 785 Grand Avenue in Carlsbad,
California to the Housing and Redevelopment Commission; and
WHEREAS, the Housing and Redevelopment Commission
considered Dr. Tracy’s request on November 20, 1990 and
considered all testimony and arguments, if any, of all
persons to be heard.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing
and Redevelopment Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the discussion presented at the Housing and
Redevelopment Commission meeting on November 20, 1990, the
Commission hereby approves Dr. Tracy’s request for an
exemption of the medical office parking requirements at 785
Grand Avenue based on the following four (4) required
findings and subject to the following conditions:
Findims:
1. The application of certain provisions of the plan would
result in practical difficulties or unnecessary hardships
which would make development inconsistent with the general
purpose and intent of the Redevelopment Plan.
2. There are exceptional circumstances or conditions
unique to the property or the proposed development which do
not generally apply to other properties or developments
which have the same standards, restrictions and controls.
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3. The granting of an exemption will not be injurious or
materially detrimental to the public welfare, other
properties or improvements in the project area.
4. The granting of an exemption will not contradict the
standards established in the Village Design Manual. In
granting of exemptions, the Commission shall impose such
conditions as are necessary.
CONDITIONS:
1. Dr. Tracy’s office space shall not exceed 1600 sq. ft.
of office space at the 785 Grand Avenue professional office
building for his Oral and Maxillofacial Surgery practice;
2. Dr. Tracy shall be the sole Oral and Maxillofacial
Surgeon within the approved office space for his entire
tenancy at the noted building;
3. Dr. Tracy shall not sublease any of the approved office
space to another person at any time during his tenancy;
4. Dr. Tracy shall have no more than one (1) fully
equipped patient station (excluding examining and recovery
rooms) and no more than
and,
5. Housing and Redevel
monitor the use of the a
ten (10) scheduled patients per day;
opment Staff shall periodically
pproved office space to ensure that
Dr. Tracy is adhering to all of the “conditions of exemption
approval ” prior to the renewal of his annual city business
license during his tenancy at the 785 Grand Avenue
professional office building. Violation of any of these
conditions shall result in termination of this grant of
exemption.
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PASSED, APPROVED AND ADOPTED, at a meeting of the
Housing and Redevelopment Commission of the City
of Carlsbad, California, held on the 20th day of
November, 1990 by the following vote, to wit:
AYES:
NOES :
ABSTAIN:
ABSENT :
CLAUDE A. LEWIS, Chairperson
ATTEST :
RAYMOND R. PATCHETT, Secretary
~ (SEAL)
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EXHIBIT 2
November 6, 1990
TO: CHAIR, HOUSING AND REDEVELOPMENT COMMISSION
FROM: Housing and Redevelopment Director
FINDING RESPONSES FOR GRANTING AN EXEMPTION OF LIMITS, RESTRICTIONS OR STANDARDS OF REDEVELOPMENT PLAN FOR
DR. DAVID TRACY
The following information provides an outline of the “findings”
that must be made by the Housing and Redevelopment Commission in
order to grant an exemption from any of the limits, restrictions
and/or standards set forth as part of the Redevelopment
Plan/Village Design Manual and supporting statements for each
finding:
FINDING tl:
The application of certain provisions of the plan would result in
practical difficulties or unnecessary hardships which would make
development inconsistent with the general purpose and intent of
the Redevelopment Plan.
SUPPORTING STATEMENT(S) FOR FINDING #1:
The purpose and intent of the Redevelopment Plan is to promote
economic development in the project area. The Plan was developed
because the Village Area was/is suffering from a physical
incapacity to accommodate business and a lack of incentives to
promote business development.
The parking requirements for the Redevelopment Area are the same
as those requirements stated in the Municipal Code for all areas
of the City. The current parking standard for all types of
medical offices is 1 per 200 square feet of gross floor space.
The parking requirement does not distinguish between full-service
medical offices and specialized medical offices.
According to Dr. David Tracy, the current parking requirement for
medical offices precludes him from locating his oral surgeon
office within the Village Area of Carlsbad. He is unable to
locate sufficient office space which meets the parking
requirements for medical offices as stated in the Municipal Code.
Dr. Tracy has indicated that there is a great demand for his
services within the Village Area of Carlsbad.
Per Dr. Tracy, the current parking standards for medical offices
are presenting a “practical difficulty” and “unnecessary
hardship” for him in locating office space for his oral surgeon practice with the Village Area.
CHAIR, HOUSING AND REDEVELOPMENT COMMISSION
November 6, 1990
PAGE 2
To economically develop the Village Area, the Redevelopment
Commission may be more flexible in its application of various
limits, restrictions and standards for development. Also, to
encourage businesses to locate in the Village Area it is
important to offer “incentives” or perhaps “preferential
treatment, ” such as granting an exemption in the number of
required parking spaces when practical and/or feasible.
Establishment of an oral surgeon’s office in the Village Area is
consistent with the general purpose and intent of the Village
Design Manual. In addition to being consistent with the general
purpose and intent of the Village Design Manual, Dr. Tracy’s
office will provide a service which is apparently not available
within Carlsbad.
FINDING #2:
There are exceptional circumstances or conditions unique to the
property or the proposed development which do not generally apply
to other properties or developments which have the same
standards, restrictions and controls.
SUPPORTING STATEMENT(S) TO FINDING #2:
Dr. Tracy’s request for an exemption of parking requirement is
unique in that his medical office is different from full-service
dental offices. He performs surgery which requires anesthesia.
Therefore, he cannot have several patients at one time. At the
most, he would probably only have three patients at his location
at any one time - one waiting, one undergoing surgery and one
recovering from surgery.
Since the impact of Dr. Tracy’s practice on parking is minimal
compared to other types of medical/dental offices, he does not
feel that he should be precluded from leasing office space within
the Village Area simply because his use fits into the general
“medical office use” classification. The impact of his office on
parking would be no greater than the impact of a professional
office use such as real estate, travel agency, etc. which has a
parking requirement of 1 per 300 sq. ft of gross floor space.
The unique characteristics of Dr. Tracy’s practice do not
generally apply to full-service medical offices which may warrant
the stricter medical parking requirement.
FINDING #3:
The granting of an exemption will not be injurious or materially
detrimental to the public welfare, other properties or
improvements in the project area.
CHAIR, HOUSING AND REDEVELOPMENT COMMISSION November 6, 1990 PAGE 3
SUPPORTING STATMENTfS) TO FINDING #3:
The granting of Dr. Tracy’s request will not be injurious or
materially detrimental to the public welfare, other properties or
improvements in the project area.
By allowing Dr. Tracy to lease office space within the 785 Grand
Avenue professional office building, the Village Area will
benefit by 1) gaining an oral surgeon, which is a dental service
not currently being provided within the area, and 2) by reducing
the amount of vacant office space; the Village Area is hurt when
available office space remains vacant for an extended,period of
time. Dr. Tracy’s oral surgeon pratice will have no greater
impact on parking than a professional office and as such will not
be detrimental to the area.
FINDING #4:
The granting of an exemption will not contradict the standards
established in the Village Design Manual. In granting of
exemptions, the Commission shall impose such conditions as are
necessary.
SUPPORTING STATEMENT(S) TO FINDING X4:
The granting of Dr. Tracy’s request for an exemption will not
contradict the standards established in the Village Design
Manual.
In the Village Design Manual, the provision for off-street
parking areas states that “the parking provisions of the Carlsbad
Zoning Ordinance shall be used for determining the size and
number of required off-street parking spaces. However, innovative
methods of providing off-street parking through the combination
of public and private efforts should be encouraged.” The
prov i si on al so states “the Housing and Redevelopment Commission
may grant an exemption in the number of required parking spaces
whenever it finds there is sufficient public parking within a
reasonable distance as provided by the city or other governmental
agency. ” Presently, the City is providing a total of 104 public
parking spaces within walking distance (425-475 ft.) of the Grand
Office Building.
KATHY GRAHAM
EXHIBIT 3
August 3, 1990
David J. Tracy, D.D.S. 1716 Panorama Road Vista, CA 92083
Ms. Kathy Graham Housing and Redevelopment City of Carlsbad 2965-a Roosevelt Carlsbad, CA 92008
Dear Ms. Graham:
AS per our conversation today, I am writing this letter to request a hearing before the Housing and Redevelopment Commission to seek relief from "medical" requirements for parking at the Grand Office Building, 785 Grand Avenue and at Brittany Court, 2588 Roosevelt Avenue. These are two locations which I am considering to establish my practice of Oral and Maxillofacial Surgery. I
My quest to establish my business in your community com- menced on May 25, 1990, when I submitted an application for a Business License to practice in The Grand. My application was denied by the Planning Department based on parking. A hearing was held on August 1, 1990, before the Design Review Board at which the Assistant City Attorney remarked that the Board was not the proper body to make the decisions it was being asked to consider. As a result, there was no decision made regarding my situation. As an Oral and Maxillofacial Surgeon my patient flow is considerably less than a general dentist. This is due to a couple of factors:
1. I will be the sole health care provider in my office. This is in contrast to my general dental colleagues who hire hygienists and dental assistants with specialized training which allows them to provide direct care to patients. The dentist, therefore, is free to treat other patients requiring treatment only he/she by law can perform. With this
arrangement several patients may have over- lapping or simultaneous appointments.
2. My practice will involve the administration of general anesthesia. This anesthetic modality limits me to treating one patient at a time for obvious safety considerations.
’ . Page 2
Based on these characteristics of my specialty it should be evident that my practice will not impact parking on the scale of other practitioners in my and related fields. This is the basis for my request for a variance/ waiver of the parking requirement for medical use in these buildings. Thank you for taking the time today to help me with this problem of mine. I am hopeful of resolving this issue quickly so please let me know if anything further will be required. My phone number is 941-0267.
August 30, 1990
David J. Tracy, D.D.S. 1716 Panor- Road Vista, CR 92083
fir. Claude Lewis llayor, City of Carlsbad 1200 Zlm Avenue Carlsbad, CA 92008
Dear !4r. Mayor:
This letter is to request that you place an item on the liousing and Redevelopment Commission/City Council Agenda on my behalf. I am an Cral and Eaxillofacial Surgeon and wish to establish my practice and residence in Carlsbad. I have lived in the Tri-City area since 1963 and have the necessity to relocate my practice. !4y first choice is the City of Carlsbad. Your city does not have an Oral and Maxillofacial Surgeon. Residents requiring the services of a surgeon must travel to Oceanside, Vista, Encinitas or other cities for treatment. In addition to the city's lack of my speciality, Carlsbad is a very pleasant area to live and raise a family. r4y quest for establishing a practice in Carlsbad com- mensed in May. I wish to locate in the downtown area which would'make my office very accessable to my patients. I applied for a Business License on May 25, 1990 with the hope of practicing at 785 Grand Avenue. My application was denied because the number of parking spaces dictated 'by the city code was not adequate for my "medical" use. I then searched the downtown area for professional office space with "medical" parking. To date, I have not found a location which satisfies my practice requirements and has existing "medical" parking. Since other satisfactory space was not available I chose to appial the denial of my Business License application. I was advised to request a hearing by the design Review Board. My appeal was to be heard on July 18, but was postponed until August 1 due to a lack of a quorum. At the Ap4ust 1 meeting, the assistant city attorney stated that the Design Review 3oard was not the appropriate body to consider my appeal and that the Rousing and Redevelopment Advisory Committee needed to act upon my requests. Vith the assistance of Kathy Graham and Debbie Fountain at the Redevelopment Office, my request for a variance to the parking at 785.Grand Avenue and other acceptable professional buildings was placed on the agenda. The hearincj
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,Letter - Mr. Claude Lewis August 30, 2990 Page 2
was held on August 27. The Committee chose not to make any decision on my request for the variance but felt that the medical professions should be encouraged into the Redevelopment Area. The basis for my appeal is that my patient flow cannot be compared equitably to General Dentists for two reasons. The first reason is that I will be the sole health care provider in my practice. Jo other professionals will be providing direct patient care. This is unlike the General Dentist who employs Xygienists and Assistants with advanced training. The second reason is that I will be administering general anesthesia which requires me to treat patients one at a time, again, which is in contrast to my dental colleagues who may be treating multiple patients concurrently. Since April I have not been practicing. Although of'no concern to the City, this lack of income will eventually dictate that I seek other locations out of the City to locate my practice. ~Ply practice will be an asset to the community. As can be inferred by my endeavors tothis point, I am very interested in establishing my practice in Carlsbad. IiXIl asking that you place on the agenda for the earliest possible meeting (September 4) my request for a variance on the park- ing issue regarding my business use since my parking impact is not the same as for busier medical uses. If you desire to meet with or call me to further discuss this matter please feel free to contact me.
Sincerely,
David J. Tracy, D.D.S.
DJT:cmt