HomeMy WebLinkAbout2005-04-20; Planning Commission; Resolution 58741
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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:
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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.
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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.
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PC RES0 NO. 5874 -2-
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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
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5.
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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-
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11.
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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-
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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.
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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.
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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.
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PC RES0 NO. 5874 -7-
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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-