HomeMy WebLinkAboutMCUP 15-17; Anytime Fitness; Conditional Use Permit (CUP)f![>l~~i~
(City of
Carlsbad
May 13,2016
Mark A. Hayden
1545 Faraday Avenue
Carlsbad, CA 92008
SUBJECT: NOTICE OF RESTRICTION-MCUP 15-17-ANYTIME FITNESS
Dear Applicant:
Please find the enclosed document that needs to be signed, notarized, and returned for recordation.
This is to fulfill a condition of approval of the MCUP 15-17. Please ensure the following items are
addressed prior to returning to the city:
./ Correct Notary Acknowledgement Required (Effective January 1, 2008, all Certificates of
Acknowledgement used by a California notary on a document that will be recorded in the State of
California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill
886, Chapter 399})
./ Document must be properly notarized (Effective January 1, 2015, California Civil Code sections 1189
and 1195 and California Government Code section 8202 requires a specific notice to be included at
the top of every acknowledgment, proof of execution of an instrument, and affidavit sworn to
before a notary public within California) .
./ Name on signature page and name on Notarial Acknowledgement must match .
./ Property owner's signatures/initials must be the same as on Notary Acknowledgement .
./ Notary seal cannot be blurry/too light (County will not record the document if any portion of the
Notary Seal is blurry or t100 light}
./ Include property owner's name in the designated space above the owner's signature .
./ Please pay particular attention to the signature requirements at the bottom of the signature page .
./ Please do not fold documents .
./ Return original signed and notarized documents.
It is our goal to assist you in getting the document recorded as expeditiously as possible. If you have any
questions or need additional assistance, please contact Roxanne Jones, Senior Office Specialist at {760)
602-2774.
Sincerely,
GREG FISHER
Associate Planner
Communifjf&~C:onomic Dev1elopment
Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-7314j760-602-460Q 1760-602-8560 f 1 www.carlsbadca.gov
November 12, 2015
Berdan Holdings, LLC
ATIN: Ms. Rune
501 Spectrum Circle
Oxnard, CA 92030
C_ City of
Carlsbad
SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 15-17-ANYTIME FITNESS-Request for
approval of a Minor Conditional Use Permit (MCUP 15-17) to allow for an athletic club at
5814 Van Allen Way (Suites 175, 180 & 185), in the Heavy Commercial (C-M) Zone, within
the Carlsbad Research Center Specific Plan (SP 180) and Local Facilities Management Zone
5.
Dear Ms. Rune,
The City Planner has completed a review of your application for a Minor Conditional Use Permit, MCUP
15-17, for an athletic club at 5814 Van Allen Way (Suites 175, 180 & 185). 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 October 27, 2015). After careful
consideration of the circumstances surrounding this request, the City Planner has determined that the
four 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 club will
serve a commercial need for employees in the industrial park by providing a recreational facility
within close proximity. The proposed athletic club is consistent with the General Plan, in that the
Heavy Commercial (C-M) zone, which implements the Planned Industrial (PI) General Plan land use
designation, allows athletic clubs as a permitted use. In addition, the proposed use is consistent
with the Carlsbad Research Center Specific Plan (Planning Area 2a) which is designated for
commercial uses and allows for athletic clubs as a conditionally permitted use.
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 club is a conditionally
permitted use within the Carlsbad Research Center Specific Plan and is compatible with surrounding
uses. The athletic club requires no changes to the existing site design, except for minor tenant
improvements to an existing tenant space. The existing Island at Carlsbad Retail center provides
adequate parking on-site (including the 21 spaces required by the athletic club) and the site
provides for adequate traffic circulation.
Community & Economic Development
Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-4600 1760-602-8560 f I www.carlsbadca.gov
MCUP 15-17-ANYTIME FITNESS
November 12, 2015
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 club will occupy a 4,122
square foot suite(s) in an existing retail center 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 C-M zone, the Carlsbad Research
Center Specific Plan, and the 4,122 square foot lease space is adequate in size and shape to
accommodate the proposed athletic club as shown on Exhibit "A".
4. That the street system serving the proposed use is adequate to properly handle all traffic generated
by the proposed use in that the existing street system, where the athletic club is proposed to be
located, is adequate to accommodate the 58 ADT generated by the proposed use.
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. The City Planner has reviewed each of the exactions imposed on the Developer contained in this 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 MCUP 15-17 as shown on Exhibit "A" dated November 12, 2015 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 15-17 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.
MCUP 15-17-ANYTIME FITNESS
November 12, 2015
Page 3
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. MCUP 15-17 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 for a period of 10 years from November 12, 2015 through
November 11, 2025. 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 ten (10) 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, 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
MCUP 15-17-ANYTIME FITNESS
November 12, 2015
Page4
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.
10. This approval shall become null and void if building permits are not issued for this project within 24
months from the date of project approval.
11. Developer shall report, in writing, to the City Planner within 30 days, any address change from that
which is shown on the permit application.
12. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement
best management practices at all times. Best management practices include but are not limited to
pollution control practices or devices, erosion control to prevent silt runoff during construction,
general housekeeping practices, pollution prevention and educational practices, maintenance
procedures, and other management practices or devices to prevent or reduce the discharge of
pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent
practicable. Developer shall notify prospective owners and tenants of the above requirements.
Code Reminders:
13. 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.
13. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section
18.04.320.
14. 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.
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