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HomeMy WebLinkAbout2006-12-19; Housing & Redevelopment Commission; 394; Nessim Appeal for HOmlife Village RealtorsHOUSING AND REDEVELOPMENT COMMISSION - AGENDA BILL 1 AB# 394 MTG. 12/19/06 DEPT. Hsg & Redev. CONDITIONALLY GRANTING THE APPEAL RV {"2ARV WPQCIM POD MDMPI IPPDT ortr\T INCOOIIVl nWrx nwlvlCl-irCl VILLAGE REALTORS AND RETURNING APPELLANT'S APPEAL FEES DEPT. HEAD CITY ATTY. /{^ CITY MGR. ^S> RECOMMENDED ACTION: 432 conditionally granting the appeal of Gary Nessim forAdopt Resolution No, Homelife Village Realtors. ITEM EXPLANATION: The Housing and Redevelopment Commission granted Appellant's appeal (4-1 (Mayor)) for the relocation of the Homelife Village Realtors office from its present location to the comer of State Street and Grand Avenue and referred the matter to General Counsel for return of documents. Those documents memorialize the representations made at the meeting by Appellant in standard conditions of approval for similar Redevelopment Permits. The documents are attached for review by the Commission which should satisfy itself that they represent its intent in granting this appeal. FISCAL IMPACT: The granting of the appeal may have a positive economic impact depending on the success of Appellant's use at this location and the replacement retail use at the former location in an undetermined amount. ENVIRONMENTAL IMPACT: The relocation of an existing use within an existing building is categorically exempt under CEQA guidelines section 15303 for the new construction or conversion of small structures. EXHIBITS: ^Resolution No.432 DEPARTMENT CONTACT: Debbie Fountain 760-434-2935 dfoun@.ci.carlsbad.ca.us FOR C/TY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D Oaa CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF O OTHER - SEE MINUTES D 1 HOUSING AND REDVELOPMENT RESOLUTION NO. 432 A RESOLUTION OF THE HOUSING AND 2 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: GARY NESSIM 6 CASE NO: RP 06-08 3 4 5 18 19 20 21 22 23 24 7 8 WHEREAS, on September 25, 2006, the City of Carlsbad Design Review 9 Board held a duly noticed public hearing to consider an appeal of the Housing and 10 Redevelopment Director's denial of Administrative Redevelopment Permit RP 06- 11 08 Homelife Village Realtors and adopted Design Review Board Resolution No. 12 313 upholding the decision of the Director and denying the appeal; and 13 WHEREAS, the Housing and Redevelopment Commission held a public14 hearing on Appellant's appeal from the decision of the Design Review Board which15 <0 was filed on September 26,2006 and attached as Exhibit A; and16 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 25 Redevelopment Commission finds as follows: 26 1. That the above recitations are true and correct. 27 " 28 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.\* 4 3. The Housing and Redevelopment Commission determines that the 5 6 7 8 10 11 12 13 14 15 16 17 25 26 27 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 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 22 Redevelopment Commission grants the appeal and refunds Appellant's appeal 23 fees upon the following terms and conditions:24 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 to 2 3 4 10 11 12 17 18 19 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 7 installation of skylights which shall enhance the building without increasing the 8 power consumption, new columns, removal of existing awnings, new 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 14 required to obtain approval for any other type of professional office at said 15 location. 16 Village Master Plan and Design Manual. No exceptions or exemptions to the 21 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 20 standard for signage are approved for this use as a result of the granting of this 22 appeal. 23 5. The Appellant shall obtain a building permit and shall comply with all24 25 requirements of the Building Code as set forth in the Carlsbad Municipal Code for 26 all exterior facade and interior tenant improvements for said project. 27 28 6. This action is final the date this resolution is adopted by the Housing and Redevelopment Commission. The provisions of Chapter 1.16 of the Carlsbad2 3 4 5 "The time within which judicial review of this decision must be sought is governed by Code of Civil 6 7 8 9 10 11 12 13 14 15 " 16 " 17 " 18 /' 19 " 20 21 22 23 24 25 26 27 28 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." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 = ^/'ESTABLISHED \% = - 5 : : X ~= 3\ 1970 /|£ Citv of Carlsbad Office of the City Clerk APPEAL FORM UWe) appeal the decision of the DESIGN REVIEW BOARD to the Carlsbad City Council. Date of Decision vou are aDoealina: SEPTEMBER 35, 2006 RECSEEQWE SEP 2 6 2006 CITY OF CARLSBAD CITY CLERK'S OFFICE yi V C tr Subject of Appeal: BE SPECIFIC Examples: if the action is a City Engineer's Decision, please say so. If a project has multiple elements, (such as a General Plan Amendment, Negative Declaration, Specific Plan, etc.) please list them all. If you only want to appeal a part of the whole action, please state that here. __ The Housing and Redevelopment Director's decision denying an administrative redevelopment permit (RP 06-08) to convert and existing retail space to an office use at — 2898 State Street in land use district 1 of the Carlsbad Village Redevelopment area. Reason(s) for Appeal: • Please Note • Failure to specify a reason may result In denial of the appeal, and you will be limited to the grounds stated here when presenting your appeal. BE SPECIFIC How did the decision maker err? What about the decision is inconsistent with state or local laws, plans, or policy? SEE ATTACHED PAGE /SIGNATURE NAME (pleasprint)T DATE C PHONE NO. ADDRESS: Street Name & Number City,State,Zip Code 12OO Carlsbad Village Drive • Carlsbad, California 92008-1989 • (619) 434-2808 7 1 .The amount of retail space in the building increases by 400 square feet and office decreases by 400 square feet without any new construction Improvements in the exterior of the building and window presentation with new wooden fascia, removal of old awning, additional brick trim and skylights 2.The combination of interesting real estate brochures and retail spaces creates a synergy and not a disruption of the retail continuity. More pedestrian traffic is generated by the real estate office than by any other individual tenant in the building, and the building needs more pedestrian traffic. All tenants can verify that pedestrian traffic is not heavy on our corner at this time. S.HomeLife Village Realtors is a tourist serving commercial use selling a product more similar to the adjacent retailers than an insurance or medical office 3.Since the office is "grandfathered" at the current location, which should be interpreted as the building, and not the exact address, and is not expanding, the move and address change should have not even be subject to review. 4. Staff has not objected to other real estate office uses recently opened in District 1 and the Redevelopment Director chose not to hold a hearing and view the presentation prior to the Design Review Board appeal hearing and therefore staff objections are not consistent but arbitrary and capricious.