Loading...
HomeMy WebLinkAbout2011-03-16; Planning Commission; Resolution 67611 PLANNING COMMISSION RESOLUTION NO. 6761 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW REAL FIT 4 LIFE 4 FITNESS GYM TO OPERATE IN AN EXISTING VACANT 5 5,693 SQUARE FOOT OFFICE BUILDING LOCATED ON PROPERTY LOCATED AT 6118 AND 6120 INNOVATION 6 WAY IN THE P-M ZONE IN LOCAL FACILITIES MANAGEMENT ZONE 17. 7 CASE NAME: REAL FIT 4 LIFE FITNESS GYM _ CASE NO.: CUP 10-13o 9 WHEREAS, David Estes and Margueritte Gilvey, "Developers," has filed a 10 verified application with the City of Carlsbad regarding property owned by Palomar Airport 1} Road, LLC, "Owner," described as 12 An Undivided Fee Simple Interest as Tenants in Common in 13 and to the Common Area Within the Module in Which the Unit Described Below is Located, Equal to the Reciprocal of the 14 Number of Units of the Module in Which the Unit Described , , Below is Located, as Shown on the Towers at Bressi Ranch - Phase II Condominium Plan, Recorded in the Office of the 16 County Recorder of San Diego County, State of California, on October 17, 2007 as Instrument No. 2007-0667829 17 (Condominium Plan), Which is Located with Lot 2 of Carlsbad Tract CT 06-02 The Towers at Bressi Ranch, in the City of Carlsbad, County of San Diego, State of California, According 19 to Map Thereof No. 15630, filed in the Office of County Recorder of San Diego County on October 11, 2007, as 20 Instrument No. 2007-0655142 21 ("the Property"); and 22 WHEREAS, said verified application constitutes a request for a Conditional Use 23 Permit as shown on Exhibits "A" dated March 16, 2011, on file in the Planning Department, 24 REAL FIT 4 LIFE FITNESS GYM - CUP 10-13, as provided by Chapter 21.42 and/or 21.50 26 of the Carlsbad Municipal Code; and 27 WHEREAS, the Planning Commission did, on March 16, 2011, hold a duly ^oz° noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the CUP. 4 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission of the City of Carlsbad as follows: 7 A) That the foregoing recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Commission 9 APPROVES REAL FIT 4 LIFE FITNESS GYM - CUP 10-13, based on the following findings and subject to the following conditions: 10 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, 13 if applicable, the certified local coastal program, specific plan or master plan, in that the proposed Fitness Gym use will provide specialty health club services in close 14 proximity to the employees of the businesses within the surrounding P-M Zone as well as the residents of the Bressi Ranch community. 16 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 Fitness Gym 17 is compatible with the surrounding office park and the temporary Pacific Ridge School Gym uses. The proposed Fitness Gym will provide adequate parking and the existing office park has been designed to accommodate all required parking on-site 19 and provides for adequate traffic circulation. Furthermore the Fitness Gym is proposed to be located within an existing building and only tenant improvements to 20 the interior are required for the use. 21 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 23 planning director, planning commission or city council, in order to integrate the use with other uses in the neighborhood in that the Fitness Gym will occupy a 5,693 square foot 24 existing office building with existing onsite landscaping as previously approved under Planned Industrial Permit (PIP 05-24) and requires no site alterations or additional amenities. Furthermore, the project complies with all of the required 26 development standards of the P-M Zone and the proposed 5,693 square foot building space is adequate in size and shape to accommodate the proposed Fitness 27 Gym operations, as shown on Exhibit "B." 2° 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 is provided access from Innovation PCRESONO. 6761 -2- Way and Gateway Road which are currently operating at an acceptable level of 2 service. The Bressi Ranch Towers office project was previously analyzed for traffic generation and the street system was designed to properly handle all traffic 3 generated by the office park. The 227 average daily trips associated with this proposed Fitness Gym can be accommodated by the existing street system. 4 - 5. That the Planning Director 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 6 environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 - "Existing 7 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 Guidelines do not apply to this project. 9 6. The Planning Commission has reviewed each of the exactions imposed on the Developer I o 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 I1 degree of the exaction is in rough proportionality to the impact caused by the project. 1 T Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 14 building permit. 15 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 17 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 18 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 2Q or a successor in interest by the City's approval of this Conditional Use Permit. 21 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 22 internally consistent and in conformity with the final action on the project. Development 7_ shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 24 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 25 regulations in effect at the time of building permit issuance. ^ f\4. If any condition for construction of any public improvements or facilities, or the payment 27 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 28 66020. If any such condition is determined to be invalid, this approval shall be invalid PCRESONO. 6761 -3- unless the City Council determines that the project without the condition complies with 2 all requirements of law. 3 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 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, 6 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 7 (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 9 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 10 6. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 17 Local Facilities Management Plan and any amendments made to , 2 that Plan prior to the issuance of building permits. 13 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. 14 8. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 15 format (including any applicable Coastal Commission approvals). 17 9. 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 jo Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit by Resolution No. 6761 on the property. 20 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 21 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 23 or successor in interest. 24 10. CUP 10-13 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 fraud or misrepresentation; or 2) the use for which such approval was granted is not being 27 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, PCRESONO. 6761 -4- ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is 2 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 Planning Director shall recommend that the Planning 3 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 4 whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose c new conditions. 6 11. This Conditional Use Permit is granted for a period often (10) years from March 2, 2011 through March 1, 2021. This permit may be revoked at any time after a public hearing, if 7 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 upon 9 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 10 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 12 substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. 13 12. Approval of this request shall not excuse compliance with all applicable sections of the '4 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 16 13. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 17 Engineering:18 jo Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building permit. 20 14. This project is approved upon the express condition that building permits will not be 21 issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 23 15. Developer shall comply with the city's Storm water Regulations, latest version, and shall 24 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 25 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 2i stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 28 PCRESONO. 6761 -5- 16. Developer shall complete and submit to the city engineer a Project Threat Assessment 2 Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and 3 appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 5 General 6 17. 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. 8 18. The project shall comply with the latest nonresidential disabled access requirements 9 pursuant to Title 24 of the California Building Code. 19. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 12 20. 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. 14 Code Reminders; 15 21. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and 16 Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. 18 NOTICE 19 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 20 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 21 You have 90 days from 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 23 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 24 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, 27 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. PCRESONO. 6761 -6- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad, California, held on March 16, 2011 by the following vote, 3 | to wit:4 <- AYES: Chairperson L'Heureux, Commissioners Black, Dominguez, Montgomery, Nygaard, Schumacher and Siekmann 6 NOES: 7 _ ABSENT:o 9 ABSTAIN: 10 11 STEPHEN "HAP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION 13 ATTEST: 14 " 15 16 DON NEU 17 Planning Director 18 19 20 21 22 23 24 25 26 27 28 i I PCRESONO. 6761 -7-