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Home My WebLink About1991-06-04; Housing & Redevelopment Commission; 187; Carole's Fresh Cut Flowers - AppealiB# @9 TITLE APPEAL OF DESIGN REVIEW BOARD DECISION flT& &+ 9/ DENYING A REQUEST FOR REVIEW OF RP 85-15 IEPT. RED CAROLE'S FRESH CUT FLOWERS RECOMMENDED ACTION: The Design Board and Redevelopment Staff are recommending that the Housin,g and Redevelopment Commission direct the City Attorney to prepare documents DENYING the appeal and UPHOLDING the Design --- Review Board's decision. ITEM EXPLANATION: On August 14, 1985, the Design Review Board approved Minor RP 85-15 - Carole's Fresh Cut Flowers. The permit authorized the applicant to install a portable flower stand on property adjacent to Alt Karlsbad at 2802 Carlsbad Boulevard. On November 30, 1990, Mr. Biltchik wrote staff requesting review of RP 85-15. Mr. Biltchik stated that "due to changes in traffic and parking patterns at Carole's Flower Shop, 2802 Carlsbad Boulevard" he was formally requesting "that the Design Review Board review the RP issued to the business based on increased hazards to bicyclists in the north-bound lane of Carlsbad Boulevard." Mr. Biltchik contends that the operators of the Flower Stand are selling flowers to customers who park in the bicycle lane. Staff denied Mr. Biltchik's request for review and on January 3, 1991, he appealed staff's decision to the Design Review Board. The Design Review Board denied the appeal at their meeting on April 3, 1991, and found RP 85-15 in substantial conformance. The Board did request and the owners agreed to install a sign directing customers to park around the corner (on Christiansen Way). Mr. Biltchik did not attend the Board meeting to address his concerns. In response to previous complaints form Mr. Biltchik, the City has installed improvements at the corner of Christiansen Way and Carlsbad Boulevard such as signs, pavement striping and a pavement legend. ENVIRONMENTAL REVIEW: Section 15270(a) CEQA does not apply to a project which a pub1 agency rejects or disapproves. EXHIBITS: 1. Location Map 2. Letter of Appeal 3. Staff Report to Design Review Board dated April 3, 1991, without attachments ic PLAT OF PROJECT 12’ CHRISTIANSEN WY 12’ +T- I’ REDWOOD DECK 6” ABOVE SIDEWALK \ A.C. BERM FIRE d m FLOWER m STAND 1 ,O f- GAZEBO P 4 SCALE 1:30 PROJECT NAME 2802 _ CARLSBAD BLVD. ‘\,: - EXHIBIT 2 DATE: APRIL 3, 1991 TO: DESIGN REVIEW BOARD FROM: HOUSING AND REDEVELOPMENT DEPARTMENT SUBJECT: RP 85-15 - CAROLE'S FRESH CUT FLOWERS I. RECOMMENDATION Design Review Board deny the appeal of Mr. Pete Bilchik and find that Redevelopment Permit 85-15 - Carole's Fresh Cut Flowers conforms to the permit issued in 1985. II. BACKGROUND On August 14, 1985, the Design Review Board approved Minor Redevelopment Permit 85-15 for Carole's Fresh Cut Flowers. This permit authorized the applicant to install a portable flower stand on property adjacent to Alt Karlsbad at 2802 Carlsbad Boulevard. The flower stand intruded into public right-of-way and a condition of the Redevelopment Permit required the applicant to obtain an Encroachment Permit from the City. The applicant applied for an Encroachment Permit but inadvertently, the Permit was not processed. After research and discussion with the City's Traffic Engineer, staff found that the Encroachment Permit had not been issued. Staff notified the applicant and began processing the application for a Permit which was subsequently issued by the City Council on March 19, 1991. Staff received a request from Mr. Pete Bilchik on November 30, 1990 requesting review of the Redevelopment Permit issued to Carole' Flowers. Mr. Bilchik stated that "due to changes in traffic and parking patterns at Carolels Flower Shop, 2802 Carlsbad Boulevard I1 he was formally requesting "that the Design Review Board review the RP issued to the business based on increased hazards to bicyclists in the north-bound land of Carlsbad Boulevard.'* In response to Mr. Bilchik's complaints the City had installed improvements at the corner of Christiansen Way and Carlsbad Boulevard such as signs, pavement striping and a pavement legend. The City's Traffic Engineer also wrote a letter to Carole's Flower Shop requesting them to advise customers not to park in the bicycle lane. Staff believes that parking in a bicycle lane is a traffic violation subject to enforcement by the Police. Parking enforcement is not the .responsibility of the shop owner. Staff denied Mr. Bilchik's request for review of the Redevelopment Permit. RP 85-15 CAROLE'S FRESH CUT FLOWERS APRIL 3, 1991 '\ 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of fhe Cify Clerk DATE: y/$//y / EXHIBIT 3 TELEPHONE (6 19) 434-2808 TO: ATHY FROM: C/7-v I CLERkJ SFF!d RE: p PPEA L OF ~ESIdd $?EVlEd l3oAR3 PEW/o~ ).JWS\~JC. 3 f(F,b, &J-M LJJloJ, THE ABOVE ITEM HAS BEEN APPEALED TO THE C?WY==mw According to the Municipal Code, appeals must be heard-v- within 30 days of the date that the appeal was filed. (REMINDER: The item will not be noticed in the newspaper until the agenda bill is signed off by all parties.) Please process this item in accordance with the procedures contained in the Agenda Bill Preparation Manual, If you have any questions, please call. ---------------------------------------------------------------------------- The appeal of the above matter should be scheduled for the City Council Meeting of . Signature Date 1200 ELM’AVENUE CARLSBAD, CALIFORNIA 92008 TELEPHONE (6 19) 434-2808 Office of fhe Cify Clerk APPEAL FORM I (We) appeal the following decision of the p G3 /GM fl~~/~- c &-Lf3. /99,&T /z p gcpl- ,J- to the Project Name and Number (or subject of appeal): cA'fz8~~=(~ emtqy~~ ?-4vz CW~MW &LvjYl (iov-c=f-s I Date of Decision: C//?/L? c L Reason for Appeal: P--b r_cac, L&u f.lg--&JeP,, t I ye 5s A cJ-c?ac Name (Please Print) ~f-uq7 Telephone Number MINUTES EXHIBIT 4 Neeting of: TRAFFIC SAFETY COMMISSION Time of Meeting: 3:oo p.m. \\\ Date of Meeting: August 6, 1990 Place of Meeting: City Council Chambers COMMISSIONERS Y CALL TO ORDER: Bob Johnson, Traffic Engineer, called the Meeting to order at 3:lO p.m. Commissioner O'Day was elected Chairman Pro Tern for this Meeting, as the Chairman and Vice-Chairman were not present. ROLL CALL: Present: Commissioners O'Day, Fuller and Melideo. Absent: Commissioners Herring and Stachoviak. Staff Members Present: Bob Johnson, Traffic Engineer sgt . Carpenter, Police Department sgt . Don Metcalf, Police Department APPROVAL OF MINUTES: The Minutes of the Meeting held June 4, 1990, were approved as presented. ORAL COMMUNICATIONS: There were no requests to address the Commission on a non- agenda item. OLD BUSINESS: Bob Johnson reported that Mr. Biltchik appealed the center line striping issue on Chriatiansen Way to the City Council, and the Council unanimously denied the appeal. NEW BUSINESS: A. Carlsbad BoulevardlChrFstiansen Wav Intersection - Request for additional bicycle lane signing. Bob Johnson gave the staff report, stating that Mr. Biltchik addressed the Commission during the Oral Communications portion of the June 4, 1990, meeting. Mr. Biltchik requested additional bike lane signing and Mr. Johnson used a transparency to indicate the area referred to by Mr. Biltchik. The streetscape is now complete and the signs are now in place. The public was parking at Christiansen Way and Carlsbad Boulevard and the violators did not get caught. However, Mr. Biltchik was aware of this, as he lives on Christiansen Way where he can see this area. With the completion of the streetscape project, a series of "no parking - bike lane" signs were installed. There is a bike lane on both sides of the street now and citations would be issued for parking there. Mr. Johnson indicated that one sign was changed to "no stopping--bike lane" in front of the flower stand and that may reinforce that no one is to stop there--even for a few minutes. O'Day Fuller Melideo - MINUTES - \ : August 6, 1990 TRAFFIC SAFETY COMMISSION Page 2 COMMISSIONERS 3 Mr. Johnson presented slides showing the signage that is now in place and indicated with the number of sign: now in place that there should be no further parking there. The Traffic Safety Coordinating Committee recommended that no additional signs or red curb be placed in that area, particularly in view of the additional signs not in place. 1 rb Mr. Johnson commented that there is a fire hydrant in the area, but the City does not normally paint the GUI red for hydrants unless there is a specific reason. Commissioner O'Day asked whether the City is liable fc not painting a curb red by a fire hydrant and asked staff to research that. x Mr. Johnson said that the Vehicle Code says that withj fifteen feet either side of a fire hydrant, there is t be no parking, and ignorance of the law is no excuse. Ln .O The Traffic Safety Commission approved the recommendation of the Traffic Safety Coordinating Committee that no additional signs or red curb be installed at the Carlsbad Boulevard location at Christiansen Way, as additional traffic control devicr would be redundant and unnecessary. 3S 8. Carlsbad Boulevard/Oak Street - Existing flower stand Request for information. :Y Bob Johnson gave the staff report, using a transparent to show the area. He said that with the streetscape improvement, the parking lane is next to the curb at the flower stand and between the number two traffic lane there is a bike lane. That lane is exclusive ant the parking lane is also exclusive. Slides were showr of the area indicating the separate lanes. Mr. Johnson indicated that flower stands are only allowed in the downtown area, unless the flowers are grown at the site of the stand. REPORT FROM TRAFFIC SAFETY CObQdISSIONRRS: Commissioner Fuller asked about the streetscape for Carlsba Village Drive and Mr. Johnson stated that next January or February they will start on the Elm Street portion, with improvement5 up to I-5 or Pi0 Pica from State Street. Commissioner Fuller was concerned about the difficulty in making left turns at Harding Street. Mr. Johnson said that the signal will remain the same, but with a traffic signal at Jefferson and Elm, people can make a left turn there and that will relieve the traffic turning left at Harding. Commissioner O'Day stated he understood the posting requirement had been eliminated. Hr. Johnson said that his instructions from the City are to post the meeting agenda, and he will continue to do that. RgPORT: Bob Johnson reported that Commissioner Herring had asked to not be re-appointed to the Commission due to his heavy schedule. - MINUTES August 6, 1990 TRAFFIC SAFETY COMMISSION Page 3 COMMISSIONERS ’ Mr. Johnson indicated he had not heard from Commissioner Stachoviak as to whether or not he wished to be re- appointed. Commissioner Melideo had asked to be re-appointed, and Mr. Johnson said he felt certain she would be. Mr. Johnson reminded the Commission that they will have to elect a new Chairman, as Mr. Herring is the present Chairman. Mr. Johnson also reminded the Commission that September 3, 1990, is a Holiday, and that will move the Traffic Safety Commission Meeting up to September 10, 1990. Mr. Johnson said there will be a Resolution of Appreciation on the agenda next month for Commissioner Herring. sgt . Carpenter of the Police Department announced that he will be replaced by Sgt. Don Metcalf. The Police Officers rotate on a regular basis, and Sgt. Metcalf will represent the Police Department and work with the Traffic Safety Commission. Mr. Johnson thanked Sgt. Carpenter for all his assistance and Commissioner O'Day added the thanks of the Commission. ADITouRNMBNT: By proper motion, the Meeting of August 6, 1990, was adjourned at 3:40 p.m. Harriett Babbitt Minutes Clerk / 1 I --- -. 1, / _.~ -.-- ._.~~_._. ----+- ..k .._. de-.. :I i I _.. -. __ .~.. -.~ --_..- ~_... .~.. jG&q+? f!p .~. _ ~. / a / M,& . JL /+&c-e ..2g2$ I&&/&! I * - I \ .j!~ .I- ~.. ~. .~ _... .- . . ~.. _ .~ - -- - / I-- --.I-@ .~-- -I __- ~~_. - i 1 ~ a* ,I 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of fhe City Clerk DATE: TO: FROM: RE: Ght~ df Q.hris;hb TELEPHONE (619) 434-2808 +~SIEJG J ~F,~,~nvwl(~Jl~~, THE ABOVE ITEM HAS BEEN APPEALED TO THE m . According to the Municipal Code, appeals must be heard- within 30 days of the date that the appeal was filed. (REMINDER: The item will not be noticed in the newspaper until the agenda bill is signed off by all parties.) Please process this item in accordance with the procedures contained in the Agenda Bill Preparation Manual. If you have any questions, please call. The appeal of the above matter should be scheduled for the City Council Meeting of . Signature Date 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Clerk TELEPHONE (619) 434-2808 APPEAL FORM I (We) appeal the following decision of the ~hau figl//ew c- &buf3, /9?, I.- flp gs7.L ,&-- to theH;. Project Name and Number (or subject of appeal): Gw LLdS J= ppz Ch%=s;lf~ /3LU/) (Am-c=--rS 1 Date of Decision: V/?/Q/ 1 L * Reason for Appeal: $ m/- (-g&J%, f t f --c tr (t k$ u-c?ac Name (Please Print) -=$s’-z Qq?Qs7 b$bM&iww)/ Address &C<Ph of- fi?JaF ?pp-Y?77 Telephone Number