HomeMy WebLinkAboutCUP 2017-0011; LONGEVITY PHYSICAL THERAPY; Admin Decision Letter(AaiM 3 "5 1^ iTlllityof
FILE Carlsbad
March 02, 2018
Patrick Za brock!
Suite 2217
2888 Loker Avenue East
Carlsbad, CA 92010
SUBJECT: CUP 2017-0011 (DEV2017-5G^42) - LONGEVITY PHYSICAL THERAPY - Request for
approval of a Minor Conditional Use Permit (CUP 2017-0011) to allow for a one-on-one
athletic/physical training and rehabilitation center at 2719 Loker Avenue West, Suite A,
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
2017-0011) for a bne-on-one athletic/physical training and rehabilitation center at 2719 Loker Avenue
West, Suite A. 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 February 8,2018). 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 one-on-one
athletic/physical training and rehabilitation use is not a traditional physical therapy/medical office
use. The use wiii provide specialty athletic training in close proximity to the employees of the
businesses within the surrounding P-M Zone as well as the residents of nearby residential
communities. Furthermore, per industrial Policy 2-P.29 of the General Plan Land Use Element,
commercial and recreational facility uses are a compatible land use in the Planned Industrial (Pi)
land use designation and physical conditioning businesses are conditionally permitted in the
implementing 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 the proposed one-on-one athletic/physical training
and rehabiiitation center is not a traditional physical therapy/medical office use, is a condftionaliy
permitted use in the P-M zone, and is compatible with surrounding uses. The proposed center
requires no changes to the existing site design, except for minor tenant improvements to an existing
tenant space. The existing industrial complex provides adequate parking on-site (nine parking
spaces are required and nine spaces are available) and the site provides for adequate traffic
circulation.
Community & Economic Development
Planning [Mvlslon 11635 Faraday Avenue Carlsbad, CA 92008-73141 760-602-46001 760-602-8560 f | www.carlsbadca.gov
CUP 2017-0011 (DEV2017-0242) - LONGEVITY PHYSICAL THERAPY
March 02,2018 ' n
Page2
That the site for the proposed conditional use ,1s a.de.tjifate iiilsize and shape to accommodate the3.
yards, setbacks, wails, 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 athletic/physical training and
rehabilitation center will occupy a 4,015 square foot suite In an existing Industrial building with
existing on-site iandscaping and parking, and requires no site aiterations or additionai amenities.
The proposed use is not a traditionai physicai therapy/medicai office use and wiii not adverseiy
impact parking. Furthermore, the existing buiiding compiies with ail of the required development
standards of the P-M zone and the 4,015 square foot lease space Is adequate In size and shape to
accommodate the proposed one-on-one athletic/physical training and rehabilitation center as
shown on Exhibits "A" - "C.
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 Paiomar Airport Road and Loker
Avenue West, arteriai and industrial streets respectively, which are currently operating at
acceptable levels of service. The Increase In 134 average daily trips (ADT) associated with this
proposed athietic/physical training and rehabiiftation center can be accommodated by the existing
street system. The use intensifies ADT by 5 percent, which is beiow the street system's uitimate
capacity and wiii not change ievei of service.
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) - interior aiteratlon to existing faciiities 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 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.
Conditions;
1. Approval is granted for CUP 2017-0011 as shown on Exhibits "A" - "C dated March 2, 2018, 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 ail approvals herein granted; deny or
further condition issuance of all future building permits; deny, revoke, or further condition ail
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.
CUP 2017-0011 (DEV2017-0242) - LONGEVITY PHYSICAL THERAPY
March 02, 2018
Page 3
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the CUP 2017-0011 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)
Deveioper/Operatoris 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 2017-0011 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 orthe 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
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 March 2,2018, through March 2,
2028. 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.
CUP 2017-0011 (DEV2017-0242) - LONGEVITY PHYSICAL THERAPY
March 02, 2018
Page 4
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 residential housing 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 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 number of on-slte clientele receiving services is limited to a maximum of four persons per any
given hour. The developer shall not use more than nine parking spaces (four for personnel, four for
clientele, and one for clientele overlap) at any given time.
Building;
15. A Certificate of Occupancy Permit must be applied for through the building division prior to the
issuance of a business license and Is required whether or not physical changes are made to the
tenant space. The new use and occupancy must comply with the California Building Codes In use
by the City, for that occupancy, at the time of issuance of the Occupancy Permit, and tenant
improvement building 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
18.04.320.
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 2017-0011 (DEV2017-0242) - LONGEVITY PHYSICAL THERAPY
March 02, 2018
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 $850.00. 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
Paul Dan at (760) 602-4614.
Sincerely,
Tel—^-f
TERI DELCAMP
Principal Planner
TD:PD:dh
c: Brett Bloom, 1084 N. El Camlno Real B-351, Enclnitas, CA 92024
Don Neu, City Planner
David Rick, Project Engineer
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