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HomeMy WebLinkAbout2010-06-16; Planning Commission; Resolution 66981 PLANNING COMMISSION RESOLUTION NO. 6698 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO OPERATE A GYM IN A 4 VACANT 3,048 SQUARE FOOT SUITE LOCATED WITHIN AN 5 EXISTING 17,924 SQUARE FOOT OFFICE/INDUSTRIAL BUILDING ON PROPERTY LOCATED AT 3125 TIGER RUN 6 COURT, BUILDING "B" IN THE P-M ZONE IN LOCAL FACILITIES MANAGEMENT ZONE 18. 7 CASE NAME: LEE SPECIALTY FITNESS GYM CASE NO.: CUP 10-02 9 WHEREAS, Jusek Lee, "Developer," has filed a verified application with the 10 City of Carlsbad regarding property owned by Palomar Melrose, LLC, "Owner," described as 11 Lots 1, 2, and 8 in Carlsbad Tract 99-06, Palomar Forum, in 13 12 the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14831, filed in the office of the 14 13 County Recorder of San Diego County on June 29, 2004, together with Tiger Run Court, vacated per STV 05-01 by 14 resolution No. 2006-276 of the Carlsbad City Council on 16 September 19, 2006 and recorded in the office of the County Recorder of San Diego County on September 27, 2006 as 17 16 document No. 2006-0688403 17 ("the Property"); and 18 WHEREAS, said verified application constitutes a request for a Conditional Use 19 Permit as shown on Exhibits "A - B" dated June 16, 2010, on file in the Planning Department, 20 LEE SPECIALTY FITNESS GYM - CUP 10-02, as provided by Chapter 21.42 and/or 21.50 21 „„ of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on June 16, 2010, hold a duly noticed 24 public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony 26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the CUP. 28 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 ^ B) That based on the evidence presented at the public hearing, the Commission APPROVES, LEE SPECIALTY FITNESS GYM - CUP 10-02, based on the 6 following findings and subject to the following conditions: 7 Findings: Q 1. That the requested use is necessary or desirable for the development of the community, 9 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 10 proposed gym use will provide health club services in close proximity to the employees of the businesses within the surrounding P-M Zone. j2 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 existing project has 13 been designed to accommodate all required parking on-site and provides for adequate traffic circulation and furthermore the gym is proposed to be located 14 within an existing building suite and only tenant improvements to the interior are required for the use. 15 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, 17 landscaping and other development features prescribed in this code and required by the planning director, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that the gym will occupy 3,048 square feet of an in existing 17,924 square foot office/industrial building with existing onsite landscaping as previously approved under PIP 01-03 and requires no site alterations 20 or additional amenities. Furthermore, the project complies with all of the required development standards of the P-M Zone and the proposed 3,048 square foot tenant 21 space is adequate in size and shape to accommodate the proposed gym operations, „» as shown on Exhibits "A & B." 23 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the project has access to the site from Tiger Run 24 Court, a local street, which is located off of Eagle Drive, a collector street, which is currently operating at an acceptable level of service. The Palomar Forum project was previously analyzed for traffic generation and the street system was designed to 26 properly handle all traffic generated by the office/industrial park. The 92 average daily trips associated with the proposed gym can be accommodated by the existing 27 street system. 28 PC RESO NO. 6698 -2- 5. That the Planning Director has determined that the project belongs to a class of projects 2 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 3 preparation of environmental documents pursuant to Section 15301 - "Existing Facilities" of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA r Guidelines do not apply to this project. g 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 7 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.8 Conditions: 10 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building permit. 11 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 14 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 15 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. 17 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 18 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, 20 different from this approval, shall require an amendment to this approval. 21 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. 22 _- 4. 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 24 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 25 unless the City Council determines that the project without the condition complies with all requirements of law.26 27 5. 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 28 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 PC RESO NO. 6698 -3- or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, 2 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 3 (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 t- survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 6 6. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 18 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 8 9 7. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 10 8. Prior to the issuance of the building permit, 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 Planning Director, notifying all interested parties and successors in interest that the City of 13 Carlsbad has issued a Conditional Use Permit by Resolution No. 6698 on the property. Said Notice of Restriction shall note the property description, location of the file 14 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 16 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 17 9. CUP 10-02 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, safety and general welfare. If the Planning Director determines that: 1) the Conditional Use Permit was obtained by 20 fraud or misrepresentation; or 2) the use for which such approval was granted is not being exercised; or 3) the Conditional Use Permit is being or recently has been exercised contrary to any of the terms or conditions of approval or the conditions of approval have ~~ not been met; or 4) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 5) the use is in violation of any statute, 23 ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is being or has been so exercised as to be detrimental to the public health, safety or welfare 24 or so as to constitute a nuisance, the Planning Director shall recommend that the Planning Commission hold a public hearing and after providing the permittee the opportunity to be heard, the Planning Commission may revoke and terminate the Conditional Use Permit in whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions. 27 10. This Conditional Use Permit is granted for a period often (10) years from June 16, 2010 2° through June 15, 2020. 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 PC RESO NO. 6698 -4- the public's health and welfare, or the conditions imposed herein have not been met. This 2 permit may be extended for a reasonable period of time not to exceed ten (10) years upon written application of the permittee made no less than 90 days prior to the expiration date. 3 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. If a substantial negative effect on surrounding land uses or the public's health and welfare c 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 6 _ ' Planning Commission may grant. 11. 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. 9 12. The project shall comply with the latest nonresidential disabled access requirements 10 pursuant to Title 24 of the California Building Code. 13. 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. 13 14 NOTICE 15 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 16 "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If 10 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 19 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. 21 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 22 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 23 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. 25 26 27 28 PC RESO NO. 6698 -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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on June 16, 2010 by the following vote, to wit: AYES: NOES: Chairperson Douglas, Commissioners Baker, Dominguez, L'Heureux, and Schumacher ABSENT: Commissioners Montgomery and Nygaard ABSTAIN: FARRATI-S*DOUGLAS, CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6698 -6-