HomeMy WebLinkAboutCUP 2026-0002; ACTIV8 ATHLETIC CLUB; Admin Decision LetterMay 18, 2026
JANA MORENO
{city of
Carlsbad
300 CARLSBAD VILLAGE DR. #108A-211
CARLSBAD, CA 92008
SUBJECT: CUP 2026-0002 (DEV2026-0005) -ACTIV8 ATHLETIC CLUB -Request for approval of a
Minor Conditional Use Permit to establish an athletic training and sports performance
facility, Activ8, in an existing 15,978-square-foot tenant space in a 25,295-square-foot
light industrial building with three suites. In addition to the athletic training areas, the
facility includes six (6) offices, a break room, and storage space . Activ8 operates as an
appointment-only training facility with memberships that are customized based on the
client's specific needs. Training ranges from one-on-one sessions to small group training
for school-aged children up to professional athletes. The business also offers sports
therapy and corrective exercise programming which is accessory to and complimentary
to the primary athletic training use. The sports therapy operates on a non-insured, non-
medical basis to support athletes as part of the overall training model of the business. The
operator estimates there will be a maximum of 12 clients during peak session times. A
total of three employees are onsite during the peak times of the day. The site is located
at 2080 Las Palmas Dr. (APN 213-061-15-00), in the Planned Industrial (P-M) Zone and
Local Facilities Management Zone 5.
Dear Jana Moreno,
The Assistant Director of Community Development, acting on behalf of the City Planner, has completed a
review of your application for Minor Conditional Use Permit, CUP 2026-0002, as described above. A notice
was sent to property owners within a 300-foot radius of the subject property requesting comments
regarding the above request. One comment was received within the ten-day notice period (ending on
April 18, 2026). After careful consideration of the circumstances surrounding this request, the Assistant
Director of Community Development 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 athletic training and
sports performance facility will provide a athletic facility option for employees and residents of the
local community. The use will provide specialty athletic and physical training in close proximity to
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-3 39-2600
CUP 2026-0002 (DEV2026-000S) -ACTIV8 ATHLETIC CLUB
May 18, 2026
Pa e 2
employees of businesses within the surrounding Planned Industrial (P-M) Zone as well as the
residents of nearby residential communities. Furthermore, pursuant to Industrial Policy 2-P.29 of
the General Plan Land Use Element, recreational facility uses such as athletic training are
compatible land use in the Planned Industrial (Pl) land use designation. The P-M zone, which
implements the Pl General Plan Land Use designation, conditionally permits physical conditioning
businesses with the approval of a minor conditional use permit.
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 pursuant to correspondence received from the
applicant, the proposed athletic training and sports performance facility will have no more than 12
clients and three (3) employees at the site at any one time with operation hours set at 5:45 am to
8:00 pm Monday through Friday and 7:00 am to 12:30 pm on Saturday. Activ8 operates as an
appointment-only training facility with memberships that are customized based on the client's
specific needs. Training ranges from one-on-one sessions to small group training sessions for school-
aged children up to professional athletes. The business also offers sports therapy and corrective
exercise programming which is accessory to and complimentary to the primary athletic training use.
The sports therapy operates on a non-insured, non-medical basis to support athletes as part of the
overall training model of the business. The current business operates with a maximum of 12 clients
and three employees during the busiest session times. Therefore, its impact will be less than
traditional gyms. Physical conditioning is a conditionally permitted use in the P-M zone and is
compatible with surrounding light industrial and office uses, which consist of retail sales of golf carts
and warehousing for a hat and clothing company within the two other suites on the property. Other
uses in the surrounding area include a sign company, a hardware and plumbing parts store, and a
pharmaceutical company. The proposed use requires no changes to the existing site design, except
for tenant improvements to the interior of an existing tenant space. The existing 67-space parking
lot, which is shared with two other tenants, provides adequate parking on-site for all tenants and
the site provides adequate traffic circulation.
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 Assistant Director of Community
Development in order to integrate the use with other uses in the neighborhood in that the proposed
athletic training and sports performance facility will occupy a 15,978-square-foot tenant space in
an existing, 25,295-square-foot light industrial building with existing on-site landscaping and a 67-
space parking lot, and requires no site alterations or additional amenities. The proposed use is not
a traditional gym since the operator will be limiting the training to a small number of athletes in
specific classes at set times. Pursuant to the parking allocation provided for the tenant space by the
owner, 2080 Las Palmas Drive LLC, 35 spaces of a 67-space lot are allocated for the subject tenant
space. Pursuant to information provided by the applicant, the proposed athletic training and sports
performance facility will require approximately 15 spaces during normal operation at peak times.
Therefore, a surplus of 20 spaces allocated to the proposed athletic training facility should be
available for future use by the operator of the gym, if needed. Furthermore, the existing building
complies with all the required development standards of the P-M zone, and the 15,978-square-foot
lease space is adequate in size and shape to accommodate the proposed athletic training facility as
shown on Exhibits "A-D."
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CUP 2026-0002 (DEV2026-0005) -ACTIV8 ATHLETIC CLUB
May 18, 2026
Pa e 3
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 site is accessed from Las Palmas Drive which is currently
operating at an acceptable level of service. The prior use for the subject suite was a warehouse and
an office which generated 44 average daily trips (ADTs). The proposed use will generate 85 ADTs,
resulting in a net increase of 41 ADTs. The increase in ADTs can be accommodated by the existing
street system and is below the street system's ultimate capacity and will not change level of service.
5. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), in that
a. The existing building is located outside the 60 dB CNEL noise contour. The ALCUP
identifies all uses located outside the 60 dB CNEL noise contour as compatible with
airport uses.
b. The building is located entirely within the Safety Zone 6. The ALUCP identifies uses and
activities like the proposed athletic training use as compatible with airport uses when
located within Safety Zone 6.
c. The proposed project is located within the overflight notification area. The ALCUP
requires recordation of an overflight notification only for new residential uses. Since
this is a non-residential use, the overflight notification is not applicable.
6. That the Assistant Director of Community Development 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.
7. 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.
8. The Assistant Director of Community Development 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 2026-0002 as shown on Exhibits "A -D" dated May 18, 2026, 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
Community Deve lopment Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CUP 2026-0002 (DEV2026-0005) -ACTIV8 ATHLETIC CLUB
May 18, 2026
Pa e 4
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 CUP 2026-0002 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 5 Local Facilities Management Plan and any amendments made to that Plan prior to the
issuance of building permits.
7. CUP 2026-0002 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 Minor 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.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CUP 2026-0002 (DEV2026-0005) -ACTIV8 ATHLETIC CLUB
May 18, 2026
Pa e 5
9. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division
from Carlsbad Unified 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
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 build ing permits are not issued for this project and
substantial work has been performed with at least one major inspection (foundation, underfloor,
frame, or final) conducted by the city within 24 months 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.
15. The accessory uses, including sports therapy, recovery techniques, and corrective exercise
programming shall remain accessory uses that are an extension of the athletic training programs
offered to clients as non-insurance and non-medical uses consistent with supporting athletic
recovery, injury prevention, and improvement movement. These accessory uses shall remain non-
medical in nature as medical uses are not permitted within the Planned Industrial (P-M) zone.
Engineering:
16. Developer shall pay traffic impact (not to exceed 85 average daily trips) and sewer impact fees
based on Chapter 18.42 and Chapter 13.10 of the City of Carlsbad Municipal Code, respectively. The
Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan
are for planning purposes only.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442 -339-2600
CUP 2026-0002 (DEV2026-0005) -ACTIV8 ATHLETIC CLUB
May 18, 2026
Pa e 6
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
17. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section
17.04.060.
18. 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.
19. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title
24 of the California Building Code.
20. 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.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CUP 2026-0002 (DEV2026-0005) -ACTIV8 ATHLETIC CLUB
May 18, 2026
Pa e 7
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 $952 .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 Tate Hillmann at (442) 339-2016.
ERIC LARDY
Assistant Director of Community Development
EL:TH:cf
c: Tate Hillmann, Assistant Planner
Linda Ontiveros, Project Engineer
Laserfiche/File Copy
Data Entry
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad , CA 92008-7314 I 442-339-2600