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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