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HomeMy WebLinkAboutCUP 2025-0006; REKINECTED; Admin Decision LetterJuly 16, 2026 Adam Kooienga {city of Carlsbad 5900 Pasteur Ct. Unit 200A Carlsbad, CA 92008 SUBJECT: CUP 2025-0006 (DEV2025-0098) -REKINECTED -Request for approval of a Minor Conditional Use Permit to allow an "Athletic club, gymnasiums, health club and physical conditioning business" use for a personal training facility and recovery center within a 3,205-square-foot suite of an approximately 12,900-square-foot light industrial building located on Avenida Encinas between Cannon and Palomar Airport Road as part of the Pacific Coast Industrial Center. No exterior alterations or improvements are proposed. The hours of operation will be 8:00 am to 6:00 pm, Monday through Friday. Customer visits will be one-on-one by appointment. There will be 2,003 square feet of training facility and recovery center space and 1,002 square feet of administrative office space. A total of 15 parking spaces are proposed for the use. The project site is located at 5245 Avenida Encinas, Suite AB, and is comprised of Assessor Parcel Number (APN) 210-090-41-00. The site is subject to the Planned Industrial (Pl) General Plan Land Use Designation, is Zoned Planned Industrial (P-M) and is in Local Facilities Management Zone 3. The 4.23-acre project site is developed with four buildings with varying uses as part of the Carlsbad Commercial Center project (CT 80-15/PUD-17). The project site is in the Coastal Zone and outside of the California Coastal Commission's appeals jurisdiction. Access would be provided by Avenida Encinas. Dear Adam Kooienga, 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 2025-0006, 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. No comments were received within the ten-day notice period (ending on July 2, 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 recovery center will provide an athletic facility option for employees and residents of the local community. The use will provide specialty athletic and physical training in close proximity to employees of businesses within the surrounding Planned Industrial (P-M) Zone, as well as the Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 CUP 2025-0006 (DEV2025-0098) -REKINECTED July 16 2026 Page 2 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 uses 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 physical training and conditions business operates through one-on-one appointments and has three employees and one administrative employee at the site at any one time with operation hours set at 8:00 am to 6:00 pm Monday through Friday. ReKinected operates as an appointment-only physical training and conditioning. Training plans consist of strength, conditioning, mobility, and injury prevention, developed using general fitness and athletic training and not medical or clinical treatments. No walk-in appointments or medical services are provided at this location. Therefore, its impact will be less than that of 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 professional offices and other conditionally permitted athletic uses. The proposed use requires no changes to the existing site design or building. ReKinected is required to provide 15 parking spaces. Pursuant to a comprehensive parking study prepared by Hofman Planning Associates (see Exhibit A), adequate parking is provided on-site for all tenants. Specifically, there are 388 existing parking spaces shared by all buildings in the Pacific Coast Industrial Center. Including the allocation of 15 spaces for the proposed personal training and recovery center, 47 of the 388 existing spaces will remain as surplus for the light industrial complex. 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 conditioning facility will occupy a 3,205-square-foot suite tenant space in an existing, 12,900-square-foot industrial building with existing on-site landscaping and parking, and requires no site alterations or additional amenities. The proposed use is not a traditional gym since the operator will be limiting training to one-on-one sessions at set times. Pursuant to the parking study prepared by Hofman Planning Associates, as seen in Exhibit A, 15 spaces are allocated for the subject tenant space. Pursuant to information provided by the applicant, the proposed athletic training and conditioning facility will require up to 15 spaces during normal operation at peak times. There are 388 existing parking spaces shared by all buildings in the Pacific Coast Industrial Center. Including the allocation of 15 spaces for the proposed personal training and recovery center, 47 of the 388 existing spaces will remain as surplus for the light industrial complex. Furthermore, the existing building complies with all the required development standards of the P-M zone, and the 3,205-square-foot lease space is adequate in size and shape to accommodate the proposed athletic training facility as shown on Exhibits "A-D." 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 Avenida Encinas, which is currently Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 CUP 2025-0006 (DEV2025-0098) -REKINECTED July 16 2026 Page 3 operating at an acceptable level of service. The increase in Average Daily Trips (ADTs}, 40 ADTs, can be accommodated by the existing street system, which is below the street system's ultimate capacity, and will not change the level of service. Prior to occupancy clearance, the appropriate traffic fees will be assessed for the change of use from warehouse and office use to a gym. 5. 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. 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 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 2025-0006 as shown on Exhibits "A -D" dated July 16, 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 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 2025-0006 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 Community Development Department Planning Division [ 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 CUP 2025-0006 (DEV2025-0098) -REKINECTED July 16 2026 Page 4 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. 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. 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 Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 CUP 2025-0006 (DEV2025-0098) -REKINECTED July 16 2026 Page 5 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 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 athletic performance and conditioning, 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 mobility movement. These accessory uses shall remain non-medical in nature as medical uses are not permitted within the Planned Industrial (P­ M) zone. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 16. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.060. 17. 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. 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. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442 -339-2600 CUP 2025-0006 (DEV2025-0098) -REKINECTED July 16 2026 Page 6 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 Mackenzie VanZyverden at 442-339-5301. Sincerely, ERIC LARDY Assistant Director of Community Development, AICP EL:MV:cf c: Mackenzie VanZyverden, 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