HomeMy WebLinkAboutCUP 2019-0029; EVOLUTION DANCE CENTER; Admin Decision LetterDecember 31, 2019
Lisa Esposito
7740 El Camino Real, Suite K
Carlsbad, CA 92009
FILE
{'city of
Carlsbad
SUBJECT: CUP 2019-0029 (DEV2019-0130}-EVOLUTION DANCE CENTER -Request for approval of
a Minor Conditional Use Permit (CUP 2019-0029 (DEV2019-0130) to allow for a 7,040-
square-foot dance studio at 2032 Corte Del Nogal, within the Planned Industrial (P-M)
Zone and Local Facilities Management Zone 5.
Dear Ms. Esposito,
The City Planner has completed a review of your application for a Minor Conditional Use Permit CUP 2019-
0029 (DEV2019-0130) to convert a 7,040-square-foot office building to a dance studio located at 2032
Corte Del Nogal. 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 December 16, 2019). After careful consideration 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 dance studio will
provide dance instruction in close proximity to the employees of the businesses within the
surrounding P-M Zone. The proposed dance studio is consistent with the General Plan in that
pursuant to General Plan Policy 2-P.29, recreation facilities are encouraged. In addition, the
Planned Industrial (P-M) zone implements the Planned Industrial (Pl) General Plan land use
designation and a dance studio is a conditionally-permitted use in the P-M zone.
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 dance studio located at 2032 Corte
Del Nogal is a conditionally-permitted use in the Planned Industrial (P-M) zone. The proposed use
is compatible with the surrounding uses, which include office uses with business hours from 8 a.m.
to 5 p.m. The dance studio requires no changes to the existing site design. Interior tenant
improvements will be required for the change in use from office to a dance studio. Including the
proposed dance studio, a total of 200 parking spaces are required for the five-building planned unit
development, also known as Carlsbad Corporate Business Park; a total of 194 spaces exist .
. Therefore, there is an overall shortage of six (6) parking spaces. A Parking Analysis has been
prepared by Howes Weiler Landy Planning & Engineering (December 2019), which provides a
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
CUP 2019-0029 (DEV2019-0130) -EVOLUTION DANCE CENTER
December 31, 2019
Pa e 2
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justification for the reduced parking due io t~ 'dnifer9tilization of the parking stalls for the
development. Specifically, the highest measu~ed tJt11ization of the parking lot was 49 percent on a
Thursday at 10:30 a.m. A total of 100 parking stalls were vacant at this peak time. Further, several
of the classes will be offered outside of the standard business hours, such as after 5 p.m. on a
weekday, as well as on Saturdays. Therefore, the existing parking lot can support the proposed
change in use and will not adversely impact the adjacent businesses.
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 dance studio will occupy an existing
7,040-square-foot building in a planned unit development (Carlsbad Corporate Business Park)
developed with five (5) buildings, landscaping and 194 parking spaces. The proposed change in use
from office to a dance studio does not require any exterior site alterations or additional amenities.
Interior tenant improvements are required to accommodate the proposed use. As discussed above,
a Parking Analysis has been prepared by Howes Weiler Landy Planning & Engineering (December
2019), which provides a justification for the reduced parking due to the underutilization of the
parking stalls for the development. The existing parking lot can support the proposed
intensification in use. The existing building complies with all of the required development
standards of the P-M zone and the 7,040 square foot building is adequate in size and shape to
accommodate the proposed dance studio 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 access to the building is provided by a private driveway off Corte Del
Nogal which intersects with Camino Vida Roble, an industrial street currently operating at an
acceptable level of service. The change in use from office to a dance studio results in an increase in
70 average daily trips (ADTs). The increase in ADTs can be accommodated by the existing street
system. The appropriate traffic fees will be assessed for the change of use from office use to a
dance studio prior to issuance of the building permit.
5. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), dated December 1, 2011, in that a notice is recorded on title concerning
aircraft noise. The project is therefore compatible with the projected noise levels of the ALUCP; and,
based on the land use compatibility matrix of the ALUCP (Table 111-2), the proposed land use is
compatible with the airport, in that pursuant to Exhibit 111-2, the property is located in Safety Zone 6,
which classifies dance studios as compatible without any restrictions.
6. 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 15301.a 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.
CUP 2019-0029 (DEV2019-0130)-EVOLUTION DANCE CENTER
December 31, 2019
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8. 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
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 2019-0029 as shown on Exhibits "A" -"D" dated December 31, 2019, 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 2019-0029 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 2019-0029 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
CUP 2019-0029 (DEV2019-0130) -EVOLUTION DANCE CENTER
December 31, 2019
Page4
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 December 31, 2019, through
December 31, 2029. 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 upon written application of the permittee made no less than 90 days prior
to the expiration date. The City Planner 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 City Planner may grant.
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 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 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
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 building permits or certificate of occupancy permit are not
issued for this project within 24 months from the date 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.
CUP 2019-0029 {DEV2019-0130) -EVOLUTION DANCE CENTER
December 31, 2019
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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, any change in the telecommunications provider, or any
transfer in ownership of the site.
Code Reminders:
15. Developer shall pay traffic impact fees to the city, prior to the approval of the building permit as
required by the Carlsbad Municipal Code.
16. 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.
17. Premise identification {addresses) shall be provided consistent with Carlsbad Municipal Code Section
18.04.320.
18. 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.
CUP 2019-0029 (DEV2019-0130) -EVOLUTION DANCE CENTER
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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 $876.00. 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 Shannon Harker at (760) 602-4621.
Sincerely,
Teri Delcamp
Principal Planner
c: Carola S~hropp, Oglethorpe Properties, LLC, 2032 Corte Del Nagai, Carlsbad, CA 92011
Patrick Zabrocki, 2888 Loker Avenue East, Ste. 217, Carlsbad, CA 92010
Don Neu, City Planner
Kyrenne Chua, Project Engineer
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