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HomeMy WebLinkAboutCUP 2020-0009; NAKOA FITNESS & PHYSICAL THERAPY;; Admin Decision LetterCcityof Carlsbad -, December 15, 2020 u r-lLE COPY filr,;,i/(/ 12 /17 /21J Patrick Zabrocki 2888 Loker Avenue East, Suite 217 Carlsbad, CA 92010 SUBJECT: CUP 2020-0009 {DEV2020-0230) -NAKOA FITNESS & PHYSICAL THERAPY -Request for approval of a Minor Conditional Use Permit (CUP 2020-0009} to allow for an approximately 4,870-square-foot, one-on-one and small group, physical conditioning and sports physical therapy training center at 6068 Corte Del Cedro, in the Planned Industrial (P-M) Zone and Local Facilities Management Zone 5. Dear Mr. Zabrocki, The City Planner has completed a review of your application for a Minor Conditional Use Permit (CUP 2020-0009} for a 4,870-square-foot, one-on-one and small group, physical conditioning and sports physical therapy training center at 6068 Corte Del Cedro. A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request. No comments were received within the ten-day notice period (ending on October 19, 2020). After careful consideration of the circumstances surrounding this request, the City Planner has determined that the findings required for granting a Minor Conditional Use Permit can be made and therefore, APPROVES this request based on the following findings and conditions. 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, if applicable, the certified local coastal program, specific plan or master plan in that the proposed approximately 4,870-square-foot, one-on-one and small group, physical conditioning and sports physical therapy training center is not a traditional gym, health spa, or physical therapy/medical office use. The use will provide specialty physical conditioning training for nearby employees of the businesses within the surrounding P-M zone and residents within the community and regional area. In accordance with Industrial Land Use Policy 2-P.29 of the General Plan Land Use Element, similar uses to commercial, recreational and other service uses such as physical conditioning are compatible land uses in the Planned Industrial {Pl) land use designation because physical conditioning businesses are encouraged to offer service and support uses, and are conditionally permitted in the P-M zone. 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 approximately 4,870-square-foot, one-on-one and small group, physical conditioning and sports physical therapy training center is a conditionally permitted use in the P-M zone and is compatible with surrounding uses because the project site is located within an existing light industrial complex and is surrounded by light industrial uses such as manufacturing and warehouse uses with similar hours of operation and nearby commercial uses. Community Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 [ 760-602-4600 [ 760-602-8560 f I www.carlsbadca.gov CUP 2020-0009 (DEV2020-230)-NAKOA FITNESS AND PHYSICAL THERAPY December 15, 2020 Pa e 2 The proposed project requires no addition offloor area or exterior modifications which ensures the use will be compatible with the surrounding uses. Furthermore, to ensure the use will not be detrimental to existing uses in the vicinity, the project is conditioned to allow a maximum of five clients at any given time to meet the parking required for the use. The use requires 10 parking spaces (for up to five clientele, three trainers, and two administrative staff) and 10 parking space are available. The site has 265 parking spaces available and the total number of spaces required for the proposed project and all other uses onsite is 241; therefore, there is a surplus of 24 parking spaces. 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 City Planner in order to integrate the use with other uses in the neighborhood in that the project will occupy an approximately 4,870- square-foot building in an existing light industrial complex with existing on-site landscaping and parking, and requires no addition or alterations to the existing site layout to accommodate the use. The proposed use is not a traditional gym/health spa or physical therapy medical office use and will not adversely impact parking because clients are seen on a one-on-one basis or small group not to exceed a total of five clients at any given time. Furthermore, the existing building complies with all of the required development standards of the P-M zone and the 4,870-square-foot lease space is adequate in size and shape to accommodate the proposed use as shown on Exhibits "A" -"B." 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 Palomar Airport Road and Yarrow Drive which are currently operating at acceptable levels of service. The building's traffic generation or average daily trips (ADT) is decreasing from 146 to 68 and therefore will not impact the street system serving the proposed use and ensures the streets will be adequate to handle the traffic generated by the project. 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(a) -Existing Facilities, of the state CEQA Guidelines because the project includes interior alterations that involves no physical expansion. In making this dete'rmination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 6. That the request for a Minor Conditional Use Permit was adequately noticed at least ten (10) calendar days before the date of this decision pursuant to Section 21.54.060 of the Carlsbad Municipal Code. 7. The City Planner has reviewed each of the exactions imposed on the Developer contained in this approval letter, 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. CUP 2020-0009 (DEV2020-230)-NAKOA FITNESS AND PHYSICAL THERAPY December 15, 2020 Pa e 3 Conditions: 1. Approval is granted for CUP 2020-0009 as shown on Exhibits "A" -"B" dated December 15, 20.20, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. 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 Minor Conditional Use Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the CUP 2020-0009 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. 4. The 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 Minor 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. 5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 6. 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. 7. CUP 2020-0009 shall be reviewed by the City Planner on a yearly basis 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 City Planner determines · that: 1) the minor conditional use permit was obtained by fraud or misrepresentation; or 2) the use for which such approval is granted is not being exercised; or 3) the conditions of approval have not been met; or 4) the minor conditional use permit is being or recently has been exercised contrary to any of the terms or conditions of approval; or 5) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 6) the use is in violation of any statute, ordinance, law or regulation; or 7) the .use permitted by the minor conditional use permit is 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 City Planner shall hold an informal public hearing and after providing the permittee CUP 2020-0009 (DEV2020-230)-NAKOA FITNESS AND PHYSICAL THERAPY December 15, 2020 Pa e 4 the opportunity to be heard, the City Planner may revoke and terminate the minor conditional use permit in whole or in part, reaffirm the minor conditional use permit, modify the conditions or impose new conditions. 8. This Conditional Use Permit is granted for a period of 10 years from December 15, 2020, through December 15, 2030. 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 5 years, unless determined otherwise by the decision-maker per Carlsbad Municipal Code Section 21.42.110, upon written application of the permittee made no less than 90 days prior to the expiration date. The City Planner/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 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 City Planner/Planning Commission may grant. 9. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 10. 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 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. 11. Prior to the issuance of a business license and/or building permit, whichever occurs first, owner/applicant 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 City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Conditional Use Permit on the real property owned by the owner/applicant. 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 City Planner 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 owner/applicant or successor in interest. 12. This approval shall become null and void if building permits are not issued for this project, or if a Certificate of Occupancy is not issued if no building permits are required, within 24 months from the date of project approval. 13. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 14. The total number of clients either in a one-on-one or small group setting is limited to a maximum of five persons at any given time. The business shall not use more than ten parking spaces (five for clientele, three for trainers and two for administrative staff) at any given time. Exceeding the maximum number of individuals on the site and/or use of more than ten parking spaces at any given time is a violation of this approval and shall require owner/applicantto apply for an amendment to this Minor Conditional Use Permit. CUP 2020-0009 (DEV2020-230)-NAKOA FITNESS AND PHYSICAL THERAPY December 15, 2020 Pa e 5 Building: 15. Prior to the issuance of a business license, developer shall apply to the Building Division for, and receive, a Certificate of Occupancy; and the Certificate of Occupancy is required whether or not physical changes are made to the building. The new use and occupancy must comply with the California Building Codes in use by the City of Carlsbad at the time of issuance of the Certificate of Occupancy, and tenant improvement permit if one is required. Code Reminders: 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 issuance, except as otherwise specifically provided herein. 17. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.060. 18. 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. • CUP 2020-0009 (DEV2020-230)-NAKOA FITNESS AND PHYSICAL THERAPY December 15, 2020 Pa e 6 NOTICE 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." You have 90 days from the 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), 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 fees/exactions 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 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. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along w.ith a payment of $876.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel to contact Jessica Bui at {760) 602-4631. Sincerely, TERI DELCAMP Principal Planner TD:JB:cf c: Susan Galland, PO Box 1113, Rancho Santa Fe, CA 92067 Jason Waiton, 637 Pine Tree Lane, Vista, CA 92081 Don Neu, City Planner David Rick, Project Engineer HPRM/File Copy Data Entry