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HomeMy WebLinkAboutMCUP 16-02; B PROJECT; Admin Decision Letter8/26/2016 Brad Jones Suite H CCityot Carlsbad 2205 Faraday Avenue Carlsbad, CA 92008 SUBJECT: Dear Mr. Jones, MINOR CONDITIONAL USE PERMIT NO. MCUP 16-02 -B PROJECT -Request for approval of a Minor Conditional Use Permit (MCUP 16-02); to allow for a one-on-one athletic/physical training and rehabilitation center at 2075 Corte Del Nogal, Suite N, in the Planned Industrial (P-M) Zone and Local Facilities Management Zone 5. The City Planner has completed a review of your applitation for a Minor Conditional Use Permit MCUP 16-02, for a one-on-one athletic/physical training and rehabilitation center at 2075 Corte Del Noga!, Suite N. A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request. No comments were received within the ten day notice period (ending on July 21, 2016). After careful consideration the City Planner has determined that the four findings required for granting a Minor Conditional Use Permit c,an be made and therefore, APPROVES this request based on the following findings and conditions. Findings: 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan in that the proposed one-on-one athletic/physical training and rehabilitation use will provide specialty athletic training in close proximity to the employeies of the businesses within the surrounding P-M Zone as well as the residents of the nearby residential communities. Furthermore, per Industrial Policy 2-P.2.9 of the General Plan Land Use Element, commercial and recreational facility uses are a compatible land use in the Pl land use designation and physical conditioning businesses are conditionally permitted in the implemeinting P-M zone. 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the proposed athletic/physical training and rehabilitation center is a conditionally permitted use in the Planned Industrial (P-M) zone and is compatible with surrounding uses. The athletic/physical training and rehabilitation center requires no changes to the existing site design, except for minor tenant improvements to an existing tenant space. The existing industrial complex provides adequate parking on-site (for a one-on-one athletic/physical training and rehabilitation center in that 13 parking spaces are required and 18 spaces are available) and the site provides for adequate traffic circulation. Community & Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov MCUP 16-02 -B PROJECT August 26, 2016 Page 2 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the City Planner in order to integrate the use with other uses in the neighborhood in that the proposed athletic/physical training and rehabilitation center will uccupy a 4,718 square foot suite in an existing industrial building with existing on-site landscaping and parking, and requires no site alterations or additional amenities. Furthermore, the existing building complies with all of the required development standards of the P-M zone and the 4,718 s1ciuare foot lease space is adequate in size and shape to accommodate the proposed one-on-one athletic/physical training and rehabilitation center as shown on Exhibits II A" -"B". 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the project is provided access from Corte Del Nogal and Camino Vida Roble, collector and local industrial streets respectively, which are currently operating at acceptable levels of service. The increase in 160 average daily trips, associated with this proposed athletic/physicc1I training and rehabilitation center, can be accommodated by the existing street system, a!; it intensifies average daily trips by 6%, which is below the street system's ultimate capacity and will not change level of service. 5. That the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301(a), Existing Facilities, of the state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15301.a of the state CEQA Guidelines do not apply to this project. Conditions: 1. Approval is granted for MICUP 16-02 as shown on Exhibits A-B dated August 26, 2016 on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Minor Conditional Use Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the MCUP 16-02 documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval shall require an amendment to this approval. 4. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and MCUP 16-02 -B PROJECT August 26, 2016 Page 3 representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Minor Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in. effect at the time of building permit issuance. 6. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. • 7. MCUP 16-02 shall be reviewed by the City Planner on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties 01r the public health, safety and general welfare. If the City Planner determines that: 1) the minor conditional use permit was obtained by fraud or misrepresentation; or 2) the use for which such approval is granted is not being exercised; or 3) the conditions of approval have not been met; or 4) the minor conditional use permit is being or recently has been exercised contrary to any of the terms or conditions of approval; or 5) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 6) the use is in violation of any statute, ordinance, law or regulation; or 7) the use permitted by the minor conditional use permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the City Planner shall hold an informal public hearing and after providing the permittee the opportunity to be heard, the City Planner may revoke and terminate the minor conditional use permit in whole or in part, reaffirm the minor co:iditional use permit, modify the conditions or impose new conditions. 8. This Conditional Use Permit is granted for a period of 5 years from August 26, 2016 through August 25, 2021. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed five (S) years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public's health and welfare. If a substantial negative effect on surrounding land uses or the public's health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. 9. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from Carlsbad School District that this project has satisfied its obligation to provide school facilities. 10. 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 residential housing project are challenged this approval shall be suspended as provided in Government Code Section 66020. If MCUP 16-02 -B PROJECT August 26, 2016 Page 4 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. 11. Prior to the issuance of a business license and/or building permit, owner/applicant shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Conditional Use Permit on the real property owned by the owner/applicant. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice, which modifies or terminates said notice upon a showing of good cause by the owner/applicant or successor in interest. 12. This approval shall become null and void if building permits or certificate of occupancy permit are not issued for this project within 24 months from the date of project approval. 13. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 14. The number of on~site cliEmtele receiving services is limited, to a maximum of 5 persons per any given hour. The developer shall not use more thari 13 parking spaces (8 for personnel, 5 for clientele) at any given timie. Building: 15. A Certificate of Occupancy Permit must be applied for through the building division prior to the issuance of a business lic1ense and is required whether or not physical changes are made to the tenant space. The new use and occupancy must comply with the California Building Codes in use by the City, for that occiupancy, at the time of issuance of the Occupancy Permit and tenant improvement building permit, if one is required. Code Reminders: 16. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 17. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 18. 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 City Planner prior to installation of such signs. MCUP 16-02 -B PROJECT August 26, 2016 Page 5 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth.in Government Code Section 66020{a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $673.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Veronica Morones at (760) 602-4619. Sincerely, 2~ Principal Planner VL:VM:sj c: Don Neu, City Planner Steve Bobbett, Project Engineer File Copy Data Entry HPRM