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HomeMy WebLinkAboutRP 2018-0010; CARLSBAD DANCE CENTRE EXPANSION; Admin Decision LetterAugust 3, 2018 Ronald J. Romaine P.O. Box 2750 Carlsbad, CA 92018 ~\~ 3-. (o· \ g- EI FILE COPY Ccityof Carlsbad SUBJECT: RP 2018-0010 (DEV13008) -CARLSBAD DANCE CENTRE EXPANSION -Request for approval of an Administrative Review Permit (RP 2018-0010) to allow for the change of use from retail to a dance school for the Carlsbad Dance Centre's expansion at 2808 Roosevelt Street, in District 1 of the Village Review Zone and Local Facilities Management Zone 1. Dear Mr. Romaine, The City Planner has completed a review of your application for an Administrative Review Permit (RP 2018-0010) to allow for the change in use of a retail space to a dance school as part of the expansion for the Carlsbad Dance Centre at 2808 Roosevelt Street. A notice was sent to property owners within a 300- foot radius of the subject property requesting comments regarding the above proposal. No comments were received within the ten (10) day notice period (08/03/2018ending on July 27, 2018). After careful consideration of the circumstances surrounding this request, the City Planner has determined that the five findings required for granting an Administrative Review Permit can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: 1. The total cost of the proposed development is less than $60,000. 2. The City Planner has determined that the project is consistent with the policies, goals and action programs set forth within the Carlsbad General Plan in that the dance school provides a resident- serving use and complements the existing commercial and residential uses in the pedestrian- oriented downtown Village. 3. The City Planner has determined that the project is consistent with Chapter 21.35 (Village Review Zone) of the Carlsbad Municipal Code and all applicable development standards and land use policies set forth within the Village Master Plan and Design Manual in that the additional parking that is required by the dance school can be provided on site. The total required parking for all of the uses in the Roosevelt Center is 120 parking spaces, and there are 149 parking spaces provided. Additionally, there are no anticipated impacts to the surrounding commercial and residential uses. Community & Economic Development Planning Division \ 1635 Faraday Avenue Carlsbad, CA 92008-7314 \ 760-602-4600 \ 760-602-8560 f I www.carlsbadca.gov RP 2018-0010 (DEV13008) -CARLSBAD DANCE CENTRE EXPANSION August 3, 2018 Pa e 2 4. The City Planner has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15303, Class 3, of the State CEQA Guidelines as the project involves the conversion of an existing small structure from one use to another where only minor modifications are made to the structure and will not have any adverse significant impacts on the environment. 5. The City Planner has reviewed each of the exactions imposed on the Developer contained in this approval, 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: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building permit. 1. Approval is granted for RP 2018-0010 as shown on Exhibit "A" & "B" dated August 3, 2018 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 Administrative Review Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the RP 2018-0010 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 Administrative Review 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. Within 30 days of the date of this letter, 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 ' . RP 2018-0010 (DEV13008) -CARLSBAD DANCE CENTRE EXPANSION August 3, 2018 Pa e 3 an Administrative Review 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. 6. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 7. RP 2018-0010 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 Administrative Review 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 Administrative Review 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 Administrative Review 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 Administrative Review Permit in whole or in part, reaffirm the Administrative Review Permit, modify the conditions or impose new conditions. 8. This Administrative Review Permit is granted for a period of ten (10} years from July 30, 2018 through July 30, 2028. This permit may be revoked at any time after an informal 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, unless determined otherwise by the City Planner per Carlsbad Municipal Code Section 21.42.110, 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. Engineering: 9. 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. RP 2018-0010 (DEV13008) -CARLSBAD DANCE CENTRE EXPANSION August 3, 2018 Pa e 4 Code Reminders: 10. 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. 11. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. .. RP 2018-0010 {DEV13008) -CARLSBAD DANCE CENTRE EXPANSION August 3, 2018 Pa e 5 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 $850.00. 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 Gina Ruiz at 760-602-4675. Sincerely, TERI DELCAMP Principal Planner TD:GR:dh c: Roosevelt Center Inc., Suite 215, 6 Venture, Irvine, CA 92618 David Rick, Project Engineer Don Neu, City Planner HPRM/File Copy Data Entry ..