HomeMy WebLinkAboutAMEND 2019-0010; HOUSE OF AIR (SKY ZONE); Admin Decision LetterJanuary 6, 2020
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Carlsbad
Joshua Rathweg
Sky Zone Carlsbad
Suite 102
6133 Innovation Way,
Carlsbad, CA 92009
SUBJECT: AMEND 2019-0010 (DEV06053) -HOUSE OF AIR (SKY ZONE) -Request for approval of
an amendment to Minor Conditional Use Permit MCUP 16-04 (AMEND 2019-0010) in
conjunction with a change in ownership from the "House of Air'' trampoline recreation
facility to the "Sky Zone" trampoline recreation facility to allow for revised hours of
operation within a 32,560-square-foot portion of an existing 56,915-square-foot
industrial building on property located at 6133 Innovation Way, within the Bressi Ranch
Master Plan, in the Planned Community (P-C) Zone and Local Facilities Management Zone
17.
Dear Mr. Rathweg,
The City Planner has completed a review of your application for an amendment to Minor Conditional Use
Permit MCUP 16-04 (AMEND 2019-0010) in conjunction with a change in ownership from the "House of
Air'' trampoline recreation facility to the "Sky Zone" trampoline recreation facility to allow for revised
hours of operation within a 32,560-square-foot portion of an existing 56,915-square-foot industrial
building on property located at 6133 Innovation Way. 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 January 3, 2020). After careful consideration
ofthe circumstances surrounding this request, the city planner has determined that the findings required
for granting an amendment to Minor Conditional Use Permit MCUP 16-04 (AMEND 2019-0010) can be
made and therefore, approves this request based on the following findings and conditions.
Findings:
1. All the findings contained in the city planner Approval Letter dated November 1, 2016, for MCUP 16-
04 apply to this amendment because the changes in hours are minor, permanently extending the
summer hours which have not previously resulted in complaints or issues with surrounding
businesses or residents, and the amendment does not create any environmental impacts that would
require additional environmental review. These findings are incorporated herein by reference and
remain in effect.
2. 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
Community & Economic Development ·
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
AMEND 2019-0010 (DEV06053) -HOUSE OF AIR (SKY ZONE)
January 6, 2020
Pa e 2
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. 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_)nterest by the city's approval of this Minor Conditional Use Permit Amendment.
2. All conditions and code reminders contained in the city planner Approval Letter dated November 1,
2016 for MCUP 16-04, apply to this amendment and are incorporated herein by reference and remain
in effect, except for Conditions No. 10 and 14, which have been completed, and thus, are hereby
deleted; and Condition No. 13, which is hereby superseded by Condition No. 5 below.
3. 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 Amendment, (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.
4. Prior to the approval of final inspection, Developer shall submit to the city a Notice of Restriction
executed by the owner of the real property to be developed. Said notice is 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
Amendment on the property. 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 Developer or successor in interest.
5. The indoor trampoline recreation facility will operate the following hours:
a. Sunday through Thursday from 10 AM to 9 PM; and Friday through Saturday from 10 AM to
11PM.
Any proposed changes to the hours of operations must be reviewed and approved by the City
Planner.
AMEND 2019-0010 (DEV06053) -HOUSE OF AIR (SKY ZONE)
January 6, 2020
Pa e 3
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/exaction.s."
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 ri~ht 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 $876. 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 Jason Goff,
Senior Planner at (760) 602-4643.
Sincerely,
TERI DELCAMP
Principal Planner
TD:JG:dh
c: Krista Vega, Rexford Industrial Realty LP, 11620 Wilshire Boulevard, 10th Floor, Los Angeles, CA
90025
Don Neu, City Planner
Kyrenne Chua, Project Engineer
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