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
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VILLAGE REALTORS AND RETURNING
APPELLANT'S APPEAL FEES
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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WITHDRAWN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
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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
<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.
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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.\*
4 3. The Housing and Redevelopment Commission determines that the
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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
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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: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
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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, 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
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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 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.
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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
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5 "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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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
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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.