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HomeMy WebLinkAboutCUP 2019-0004; BEACONS INC; Admin Decision LetterJuly 25, 2019 Bill Hofman ~,lw 1-?-5·\q 8FILE COPY Ccityof Carlsbad Hofman Planning & Engineering 3152 Lionshead Avenue Carlsbad, CA 92010 SUBJECT: CUP 2019-0004 (DEV2019-0042) -BEACONS INC -Request for approval of a Minor Conditional Use Permit (CUP 2019-0004) to allow an educational facility for adults with intellectual and developmental disabilities on property located at 6150 Yarrow Drive, Suite E, Carlsbad, CA 92011, in the Planned Industrial (P-M) Zone and Local Facilities Management Zone 5. The City Planner has completed a review of your application for a Minor Conditional Use Permit (CUP 2019-0004) for an educational facility for adults with intellectual and developmental disabilities on property located at 6150 Yarrow Drive, Suite E. 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 April 22, 2019). After careful consideration of the circumstances surrounding this request, the City Planner has determined that the four 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 per the Industrial & Office Land Use Policy 2-P.29 of the General Plan Land Use & Community Design Element, educational facilities are a compatible land use in the Planned Industrial (Pl) land use designation and are conditionally permitted in the implementing Planned Industrial (P-M) zone. Approval of the use will provide the community with an educational facility for adults with intellectual and developmental disabilities, which is presently scarce in the City of Carlsbad and northern San Diego County. 2. That the requested 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 educational facility is a conditionally permitted use in the Planned Industrial (P-M) zone and is compatible with the surrounding uses, which include office uses. The use is proposed in a location that is close to small businesses that could provide for job training and employment opportunities. The educational facility requires no changes to the existing site design, and only minor interior tenant improvements to an existing tenant space. The Zoning Ordinance typically requires educational facilities, other, to be parked at one parking space per 200 square feet of gross floor Community & Economic Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov CUP 2019-0004 (DEV2019-0042)_ -BEACONS INC July 25, 2019 Page 2 area, or eight parking spaces for the proposed 1,548-square-foot suite. A parking study (Hofman Planning & Engineering dated February 2019) was completed for the project and demonstrated that the project site currently has an average parking vacancy of 65 percent. Therefore, it was determined that a parking reduction per CMC Section 21.44.040 is appropriate and the four parking spaces assigned to the project are adequate to provide parking for the estimated two staff members, clients and visitors since the clients do not drive and are dropped off and picked up. Given the unique nature of the project, the proposed use will not negatively impact the existing parking supply or be detrimental to other on-site uses. 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 proposed educational facility will occupy a 1,548-square-foot suite in an existing building with existing on-site landscaping and parking, and requires no exterior site alterations or additional amenities. Inclusion of the proposed educational facility is estimated to result in a surplus of 18 on-site parking spaces per the parking study. The existing building complies with all required development standards of the Planned Industrial (P-M) zone and the 1,548-square-foot lease space is adequate in size and shape to accommodate the educational facility as shown on Exhibits "A" -"C" dated July 25, 2019. 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 Yarrow Drive, an industrial street which is accessed from Palomar Airport Road and Camino Vida Roble. The 13 average daily trips associated with the educational facility can be accommodated by the existing street system. 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 Guidelines. In making this determination, 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 Perniit 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 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. CUP 2019-0004 (DEV2019-0042)-BEACONS INC July 25, 2019 Page 3 Conditions: 1. Approval is granted for CUP 2019-0004 as shown on Exhibits "A" -"C" dated July 25, 2019 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 2019-0004 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 offederal, 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 2019-0004 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 CUP 2019-0004 (DEV2019-0042) -BEACONS INC July 25, 2019 Page4 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 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 without an expiration date. 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. 9. Within 30 days of the date of this approval, 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. 10. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 11. 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. Code Reminders: 12. 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. 13. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.060. CUP 2019-0004 (DEV2019-0042) -BEACONS INC July 25, 2019 Page 5 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 with 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 Chris Garcia at (760) 602-4622. Sincerely, 1e_____·ko. TERI DELCAMP Principal Planner TD:CG:dh c: Don Neu, City Planner David Rick, Project Engineer HPRM/File Copy Data Entry