HomeMy WebLinkAbout2014-04-16; Planning Commission; Resolution 70381 PLANNING COMMISSION RESOLUTION NO. 7038
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO
3 ALLOW 5 TOOL ATHLETICS TO OPERATE A BASEBALL TRAINING FACILITY
IN A VACANT 10,572 SQUARE FOOT SUITE LOCATED WITHIN AN
4 EXISTING OFFICE/INDUSTRIAL BUILDING ON PROPERTY LOCATED AT
2245 CAMINO VIDA ROBLE, IN THE P-M ZONE AND IN LOCAL FACILITIES
MANAGEMENT ZONES.
CASE NAME: 5 TOOL ATHLETICS
CASE NO.: CUP 14-01
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WHEREAS, Erik Castro, "Developer," has filed a verified application with the City of
Carlsbad regarding property owned by R B Co-R.E., LP, "Owner," described as
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Parcel "A" of Parcel Map No. 7150, in the City of Carlsbad, County of
10 San Diego, State of California, according to map thereof on file In the
office of the County Recorder of San Diego County, being a division of
11 Lot 12 of Carlsbad Tract No. 73-49 (CC&F Palomar Airport Business
Park) Unit No. 1, according to map thereof No. 8054, filed in the office
12 of the County Recorder of San Diego County, December 31,1974
13 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use Permit as
shown on Exhibits "A" - "D" dated April 16, 2014, on file in the Planning Division, 5 TOOL ATHLETICS -
CUP 14-01, as provided by Chapter 21.42 ofthe Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on April 16, 2014, 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:
A) That the foregoing recitations are true and correct.
2g B) That based on the evidence presented at the public hearing, the Commission
APPROVES 5 TOOL ATHLETICS - CUP 14-01, based on the following findings and subject
27 to the following conditions:
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Findings:
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1. That the requested use is necessary or desirable for the development of the community, and is
3 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 proposed
4 baseball training facility will provide specialty baseball training beyond typical team practice
sessions for players ranging from 5-18 years old and is located near the Bressi Ranch, La Costa
^ Greens and Aviara communities. Furthermore, per Industrial Implementing Policy C.9 of the
General Plan Land Use Element, recreational facilities and physical conditioning businesses
are compatible land uses in the PI land use designation and are conditionally permitted in the
implementing P-M zone.
g 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 baseball training
g facility is compatible with the surrounding office/industrial park and residential uses and the
proposed use will provide adequate parking that is consistent with the city's parking
10 requirements. The existing site has been designed to accommodate all required parking on-
site and provides for adequate traffic circulation. Furthermore the baseball training facility is
11 proposed to be located within an existing building and only tenant improvements to the
interior are required for the use.
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That the site for the proposed conditional use is adequate in size and shape to accommodate
13 the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other
development features prescribed in this code and required by the City Planner, planning
1^ commission or city council, in order to integrate the use with other uses in the neighborhood, in
that the baseball training facility will occupy 10,572 square feet of an existing building with
existing onsite landscaping and parking and requires no site alteratidns or additional
amenities. Furthermore, the project complies with all of the required development standards
of the P-M Zone and the proposed 10,572 square foot space is adequate in size and shape to
accommodate the proposed baseball training facility operations, as shown on Exhibits "A -
D." The baseball training facility requires 53 parking spaces. Including the training facility,
IS the property has an excess of 20 parking spaces for all existing uses and therefore meets all
parking requirements.
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That the street system serving the proposed use is adequate to properly handle all traffic
20 generated by the proposed use, in that the project is provided access from Camino Vida Roble,
a secondary arterial street which is currently operating at an acceptable level of service. The
21 390 average daily trips associated with this proposed baseball training facility can be
accommodated by the existing street system.
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5. That the City Planner 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 environment,
and it is therefore categorically exempt from the requirement for the preparation of
environmental documents pursuant to Section 15301 - Existing Facilities of the state CEQA
2^ Guidelines. In making this determination, the City Planner has found that the exceptions listed
in Section 15300.2 ofthe state CEQA Guidelines do not apply to this project.
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The Planning Commission has reviewed each of the exactions imposed on the Developer
2 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
3 of the exaction is in rough proportionality to the impact caused by the project.
4 Conditions:
^ Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit
issuance or occupancy, whichever occurs first.
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^ 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
g 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
g 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
10 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
11 Conditional Use Permit.
12 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
13 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
14 this approval, shall require an amendment to this approval.
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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. 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 challenged,
Ig 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
19 determines that the project without the condition complies with all requirements of law.
20 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
21 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,
22 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 nondiscretionary, in connection with
23 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
2g obligation survives until all legal proceedings have been concluded and continues even if the
City's approval is not validated.
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This project shall comply with all conditions and mitigation measures which are required as part
27 ofthe Zone 5 Local Facilities Management Plan and any amendments made to that Plan.
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7. This approval shall become null and void if building permits are not issued for this project or an
2 occupancy permit is not issued within 24 months from the date of project approval.
3 8. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and
4 CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code
Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee
^ for Zone 5, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building
permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan
^ and shall become void.
9. Developer shall submit to the City a Notice of Restriction executed by the owner of the real
g property to be developed. Said notice is 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
g that the City of Carlsbad has issued a Conditional Use Permit by Resolution No. 7038 on the
property. Said Notice of Restriction shall note the property description, location of the file
10 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
11 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.
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10. CUP 14-01 shall be reviewed by the City Planner annually to determine if all conditions of this
13 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
14 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 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
yi violation of any statute, 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
]^g welfare or so as to constitute a nuisance, the City Planner shall recommend that the Planning
Commission hold a public hearing and after providing the permittee the opportunity to be
ig 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
20 conditions.
21 11. This Conditional Use Permit is granted for a period of ten (10) years from April 16, 2014
through April 15, 2024. This permit may be revoked at any time after a public hearing, if it is
22 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 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. If a substantial
negative effect on surrounding land uses or the public's health and welfare is found, the
2g 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
27 may grant.
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12. Prior to occupancy, a Certificate of Occupancy Permit for a change of use shall be issued per
2 Carlsbad Municipal Code Section 21.60.010.
3 Engineering:
4 13. This project is approved upon the express condition that building permits or occupancy permit
will not be 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.
^ 14. 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
g not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
g 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
10 maximum extent practicable. Developer shall notify prospective owners and tenants of the
above requirements.
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Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
13 following:
14 15. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and 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.
16. 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 or
13 occupancy permit issuance, except as otherwise specifically provided herein.
19 17. The project shall comply with the latest nonresidential disabled access requirements pursuant
to Title 24 ofthe California Building Code.
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18. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
21 Section 18.04.320.
22 19. 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 City Planner prior to
installation of such signs.
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PC RESO NO. 7038
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NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning
Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 20.54, section 21.54.150, the
appeal must be in writing and state the reason(s) for the appeal. The City Council must make a
5 determination on the appeal prior to any judicial review.
6 NOTICE
7 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."
g 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 66020(a),
10 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
11 bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.
12 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
13 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
14 statute of limitations has previously otherwise expired.
1^ PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
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the City of Carlsbad, California, held on April 16, 2014 by the following vote, to wit:
AYES: Chairperson Black, Commissioners Anderson, L'Heureux, Scully, Segall
and Siekmann
NOES:
20 ABSENT:
21 ABSTAIN:
23 NEIL BLACK, Chairperson
CARLSBAD PLANNING COMMISSION
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DON NEU
City Planner
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