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HomeMy WebLinkAbout2005-04-20; Planning Commission; Resolution 58741 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5874 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ESTABLISH A 52,000 SQUARE FOOT HEALTH CLUB FACILITY WITH A 2,251 SQUARE FOOT OUTDOOR LAP POOL AREA WITHIN A PORTION OF AN EXISTING OFFICEANDUSTRIAL BUILDING ON PROPERTY GENERALLY LOCATED AT 621 5 EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: PUREFITNESS CENTER CASE NO.: CUP 04-24 WHEREAS, PureFitness Holding, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by CalWest Industrial Holdings, LLC, “Owner,” described as Lot 8, inclusive of Carlsbad Tract No. 98-07, Lincoln Northpointe, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13716, filed in the Office of the County Recorder of San Diego County (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits “A” - “F” dated April 20, 2005, on file in the Planning Department, PUREFITNESS CENTER - CUP 04-24, as provided by Chapter 21.42 andor 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 20th day of April 2005, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CUP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES PUREFITNESS CENTER - CUP 04-24, based on the following findings and subject to the following conditions: Findinm: 1. 2. 3. 4. ... That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that the 52,000 health club facility will provide services in close proximity to the occupants of the Planned Industrial (PI) General Plan Land Use designation and the Planned Industrial (P-M) zone. That the site for the intended use is adequate in size and shape to accommodate the use, in that the 52,000 square foot health club facility is proposed to be located in a portion of an existing officehndustrial building and includes the conversion of an existing loading dock area into a 2,251 square foot outdoor lap pool and deck area. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the project is part of a larger officehdustrial development that is built and includes all features that are necessary for and appropriate to the proposed use. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the project will generate 1,628 Average Daily Trips (ADT) which is 1,064 ADT above the 564 ADT that was previously analyzed for this building in the North Pointe Tech Center. Because peak hours are different for a health club versus an office/industrial building, it is projected that the project will generate 8 fewer AM peak hour trips and 74 additional PM peak hour trips than was originally analyzed. Project traffic will utilize the following major roadways: El Camino Real and Palomar Airport Road. Existing traffic on these arterials are approximately 33,000 and 34,000 ADT (2004) respectively and the 2004 peak hour level of service for the roadway segments near the project site impacted by the project are LOS A. Roadway intersections near the project site are projected to operate at acceptable levels of service, LOS D or better, at buildout with the project. The design capacities of the arterial roads affected by the proposed project are over 54,000 vehicles per day. The additional traffic created by the project would represent approximately 3% and 2.5% of the existing traffic volume and the design capacity respectively. While the increase in traffic from the proposed project may be slightly noticeable, the street system has been designed and sized to accommodate traffic from the project and cumulative development in the City of Carlsbad. ... PC RES0 NO. 5874 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed and considered the Negative Declaration prepared for the PureFitness Center CUP 04-24 and the environmental impacts therein identified for this project and any comments thereon prior to APPROVING the project; and b. the Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and d. based on the EL4 Part I1 and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 6. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, 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. Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a building permit. 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 interest by the City’s approval of this Conditional Use Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit 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. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. PC RES0 NO. 5874 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 -3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. 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. 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 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. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. Developer shall submit to the Planning Department a reproducible 24’’ x 36” mylar copy of the site plan reflecting the conditions approved by the final decision making body. 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. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. This Conditional Use Permit shall be reviewed by the Planning Director annually 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 and welfare. If the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. This Conditional Use Permit is granted for a period of 10 years from April 20, 2005 through April 19,2015. 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 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. PC RES0 NO. 5874 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. 12. 13. 14. 15. 16. 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. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 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 Development and Planning. Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. Prior to the issuance of a building permit, Developer 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 Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit by Resolution No. 5874 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 Planning Director 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. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. Prior to the issuance of a building permit, Developer shall enter into and record a reciprocal parking agreement to the satisfaction of the Planning Director and City Engineer between the project site and the adjacent properties described as Lots 6,7 and 8 (Union Tribune) for the joint use of 71 parking stalls. Engineering 17. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. PC RES0 NO. 5874 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18. 19. 20. 21. 22. 23. Prior to issuance of any building permit, Developer shall comply with the requirements of the City’s anti-graffiti program for wall treatments if and when such a program is formally established by the City. Prior to the approval of a building permit, Developer shall contribute a pro-rata share for the cost of Street widening and traffic signal relocation to the east leg of Faraday Avenue and El Camino Real. The fair share contribution shall be based upon Cal Trans method of analysis approved by the City Engineer. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any building permit. Developer shall relocate or reconstruct construct the following improvements including but not limited to: Water service and meters, Sewer service and cleanouts, Storm Drain systems, and Fire service and appurtenances as required to serve this development. Quitclaim and rededication of easements may be required to accommodate the proposed development, prior to the issuance of building permit, to City Standards to the satisfaction of the City Engineer. Prior to the issuance of a building permit, Developer shall submit for City approval a “Storm Water Management Plan (SWMP).” The S WMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. b. c. identify existing and post-development on-site pollutants-of-concern; identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants; ensure long-term maintenance of all post construct BMPs in perpetuity; and identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable. d. e. f. Prior to approval of grading plans or building permit, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. PC RES0 NO. 5874 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 24. The Developer shall design landscape and irrigation plans utilizing recycled water as a source. Said plans shall be submitted to the satisfaction of the District Engineer. Code Reminders 25. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 26. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. 27. 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 Planning Director prior to installation of such signs. 28. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. NOTICE Please take NOTICE that approval of yow 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 date of final approval to protest imposition of these feedexactions. 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 feedexactions 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 feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. ... ... ... PC RES0 NO. 5874 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of April 2005 by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Cardosa, Heineman, Montgomery, and Whitton NOES: ABSENT: Commissioner Dominguez ABSTAIN: m JEFFRE N. SEGALL, Chairperson CAFUSBAD PLANNJNG COMMISSION ATTEST: n DON NEU Assistant Planning Director PC RES0 NO. 5874 -8-