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HomeMy WebLinkAboutCUP 2024-0006; PAVE SCHOOL OF THE ARTS; Admin Decision LetterMarch 10, 2025 Sonya Kwon {'cicyof Carlsbad VIA EMAIL AND MAIL 5365 Avenida Encinas, Suite H Carlsbad, CA 92008 SUBJECT: CUP 2024-0006 (DEV2024-0077)-PAVE SCHOOL OF THE ARTS-Request for approval of a Minor Conditional Use Permit (CUP 2024-0006) to allow an "Educational facilities, other" use for a 3,296-square foot dance studio within an approximately 14,326-square- foot industrial building located on Avenida Encinas between Cannon and Palomar Airport Road. The project site is located at 5365 Avenida Encinas, Suites Hand F, and is comprised of Assessor Parcel Number (APN) 210-090-33-00. The site is subject to the Planned Industrial (Pl) General Plan Land Use Designation and is Zoned Planned Industrial (P-M). The project site is an approximately 3.06-acre lot, consisting of four buildings with varying uses as part of the Carlsbad Commercial Center project (CT 80-15/PUD-17). The project is located outside of the appealable jurisdiction of the Coastal Zone. Access to the site is existing and would be provided by a private drive aisle off Avenida Encinas. Dear Sonya Kwon, The City Planner has completed a review of your application for Minor Conditional Use Permit CUP 2024- 0006 as described above. 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 February 7, 2025). After careful consideration of the circumstances surrounding this request, the City Planner has determined that the findings required for granting a Minor Conditional Use Permit can 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 dance studio is consistent with the General Plan in that the Planned Industrial (P-M) zone, which implements the Planned Industrial (Pl) General Plan land use designation, allows "Educational facilities-other" as a conditionally-permitted use with the approval of a minor conditional use permit. Additionally, in accordance with Industrial Land Use Policy 2-P.29 of the General Plan Land Use Element, the proposed use will provide support uses in an area designated Planned Industrial. 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 and that the proposed educational facility is a conditionally permitted use within the Planned Industrial (P-M) Zone and is compatible with the surrounding uses. The dance studio requires no changes to the existing site design, except for minor tenant improvements to an existing tenant space. The existing light industrial building was originally approved pursuant to CT 80-15 and subsequently approved as an industrial condominium pursuant to PUD-17. Parking is shared throughout the Pacific Coast Industrial Center. The parking focus area completed for the site includes the buildings located at 5245, 5355, 5365, and 5375 Avenida Encinas. Within the focus area, a minimum of 173 spaces are required, including 16 spaces Community Development Department Planning Division I 1635 Faraday Avenue I Ca rlsbad, CA 92008 I 442-339-2600 CUP 2024-0006 (DEV2024-0077)- PAVE SCHOOL OF THE ARTS March 10, 2025 Pa e 2 for the proposed dance studio. A total of 191 spaces are proposed for the buildings within the focus area, resulting in 18 surplus spaces. 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 dance studio will occupy two suites totaling 3,296 square feet in an existing 14,326-square-foot light industrial building with existing on-site landscaping and parking. The proposed project does not include an addition or exterior modifications to the existing building and therefore complies with the required development standards of the Planned Industrial (P-M) zone. Furthermore, the existing building complies with the required development standards of the P-M zone, and the 3,296-square-foot lease space is adequate in size and shape to accommodate the proposed use as shown on Exhibits "A" -"D" dated March 10, 2025. 4.That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that access is provided via a private driveway off Avenida Encinas which is currently operating at acceptable levels of service. This ensures the streets will be adequate to handle the incremental increase in traffic generated by the project. The appropriate traffic fees will be assessed for the change of use from warehouse use to a dance studio. 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 15300.2 of the state CEQA Guidelines do not apply to this project. 6.That the request for a Minor Conditional Use Permit was adequately noticed at least ten (10) calendar days before the date of this decision pursuant to Section 21.54.060 of the Carlsbad Municipal Code. 7.The City Planner has reviewed each of the exactions imposed on the Developer contained in this approval letter, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 1.Approval is granted for CUP 2024-0006 as shown on Exhibits "A" -"D" dated March 10, 2025, 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. g CUP 2024-0006 {DEV2024-0077)- PAVE SCHOOL OF THE ARTS March 10, 2025 Pa e 3 3.Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the CUP 2024-0006 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 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 3 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7.CUP 2024-0006 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 or 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 conditional use permit, modify the conditions or impose new conditions. 8.This Conditional Use Permit is granted without an expiration date. 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. 9.Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from Carlsbad Unified School District 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 any g CUP 2024-0006 (DEV2024-0077)- PAVE SCHOOL OF THE ARTS March 10, 2025 Pa e 4 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, whichever comes first, 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 a business license and/or building permit is not issued for this project, or if a Certificate of Occupancy is not issued (if no building permits are required), within 24 months from the date of project approval. 13.All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community and Economic Development Department and Planning. 14.Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. Building: 15.Prior to the issuance of a business license or commencement of in-person instruction, the developer or business owner shall apply to the Building Division for, and receive, a Certificate of Occupancy; and the Certificate of Occupancy is required whether or not physical changes are made to the building. The new use and occupancy must comply with the California Building Codes in use by the City of Carlsbad at the time of issuance of the Certificate of Occupancy, and tenant improvement 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 17.04.060. 18.The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 19.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. CUP 2024-0006 (DEV2024-0077)- PAVE SCHOOL OF THE ARTS March 10, 2025 Pa e 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 NOTIFIED 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 $930.00. 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 to contact Megan McElfish at (442) 339-5153. Sincerely, MIKE STRONG Assistant Director of Community Development EL:MM: c: William Galipeau, BKM Pacific Coast Industrial Center 914, LLC, 1701 Quail St, Ste 100, Newport Beach, CA 92660 Adam Kooienga, Hoffman Planning and Associates, 5900 Pasteur Court, Suite 200A, Carlsbad, CA 92008 Linda Ontiveros, Project Engineer Laserfiche/File Copy Data Entry