HomeMy WebLinkAboutCUP 2021-0005; MEBE EDUCATIONAL TRAINING FACILITY; Admin Decision LetterMay 27, 2021
Stan Weiler
('Cityof
Carlstiad
B FI L £ c o r ·,,
rr14,/.J ,13/21
2888 Loker Avenue East, Suite 217
Carlsbad, CA 92010
SUBJECT: CUP 2021-0005 (DEV2021·0050) -MEBE EDUCATIONAL TRAINING FACILITY -Request
for approval of a Minor Conditional Use Permit (CUP 2021-0005) to allow for an
approximately 3,600-square-foot, educational facility for children with autism. The
proposed use involves one-to-one or small group instruction and the hours of operation
are Monday through Friday from 8:00 am to 6:00 pm and is appointment based only. The
proposed use is located at 2888 Loker Avenue East, Suite 105, in the Planned Industrial
(P-M) Zone and Local. Facilities Management Zone 5.
Dear Mr. Weiler,
The City Planner has completed a review of your application for a Minor Conditional Use Permit (CUP
2021-0005) for a 3,600-square-foot, educational facility for children with autism located at 2888 Loker
Avenue East, Suite 105. 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 11, 2021). 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 project involves an
approximately 3,600-square•foot educational facility for children with autism which includes one-
to-one or small group instruction and is located within the Planned Industrial General Plan Land Use
designation which allows for educational facilities such as the use proposed. In addition, the
proposed project is consistent with the goals of the Land Use element of the General Plan because
the educational facility will promote a diversity of compatible land uses that enable residents to
live close to a variety of public support systems. The format of the educational facility requires
students to arrive and depart at staggered times throughout the day and a condition of approval
limiting the maximum number of students to 10 at any given time ensures the facility's presence
within the office building will be discreet and allows for compatibility in the diversity of land uses.
Furthermore, the project will ensure adequate provisions of educational facilities for residents and
people in the regional area.
Community Development
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
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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 educational facility is compatible
with the surrour:iding businesses because the use is conditioned to operate at typical business hours
and limits the number of students to a maximum of 10 at any given time. The proposed project is
also conditioned to hold special events on weekends or after instruction hours which will further
ensure compatibility with the surrounding uses. In addition, the existing site provides adequate
parking for the proposed use and all uses onsite that is consistent with the city's parking
requirements. The original entitlement for the existing building requires one parking space per 250
square feet, or 15 parking spaces for a 3,600-square-foot space. The use proposed requires one
space per 200 square feet, or 18 parking ,spaces. However, based on the applicant's project
description, the need for parking will not exceed 14 parking spaces. The format of instruction
involves one-to-one or two-to-one, 170-minute training sessions. Students are dropped off and
picked up with a 10-minute gap between sessions for arrival and departures, and the number of
students onsite are limited and the arrival and departure of students are staggered which ensures
any potential parking impacts are minimized. Furthermore, to ensure the use will not be
detrimental to uses in the vicinity, the use is conditioned to not exceed 15 parking spaces at any
given time by staggering the start and end times of each session with a 10-minute gap between
sessions so there is no overlap of clients arriving and departing at the same time. In addition, the
project is conditioned to operate consistent with the parking analysis contained within the project
description and plans dated May 27, 2021 and having a maximum of 10 students and eight staff
members onsite at any given time to meet the parking required for the use.
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
3,600 square feet on the first floor of an existing office building. The proposed project does not
include an addition or exterior modifications to the existing building and therefore complies with
the required development standards of the Planned Industrial (P-M) Zone. The project is adequate
in size to accommodate the proposed use in that it meets the city's parking requirements because
the proposed use and existing uses onsite require a total of 272 parking spaces and the site provides
272 parking spaces. Furthermore, the existing building complies with all of the required
development standards of the P-M zone and the 3,600-square-foot lease space is adequate in size
and shape to accommodate the proposed use 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 Palomar Airport Road and Loker
Avenue East which are currently operating at acceptable levels of service. The project's traffic
generation or average daily trips {ADT) will be 64, an increase of 5.7 ADT however, the project will
not impact the street system serving the proposed use as 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 negligible or no physical expansion. 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.
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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. Approv;:il is granted for CUP 2021-0005 as shown on Exhibits "A" -"C" dated May 27, 2021 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 2021-0005 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 2021-0005 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. lf the City Planner determines
that: 1) the minor conditional use permit was obtained by fraud or misrepresentation; or 2) the use
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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 S) 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 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. 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. MEBE Educational Facility is approved to operate from 8:00 am -6:00 pm and have a maximum of
10 students and eight employees at any given time.
15. MEBE Educational Facility shall stagger start and dismissal times. At no time shall the pick-up or
drop-off of students obstruct any required drive aisles, parking sp_aces or queue onto a public street.
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16. The total number of students either in a one-to-one or two-to-one setting is limited to a maximum
of 10 students at any given time. The business shall not use more than 15 parking spaces at any
given time. Exceeding the maximum number of individuals on the site and/or use of more than 15
parking spaces at any given time is a violation of this approval and shall require owner/applicant to
apply for an amendment to this Minor Conditional Use Permit.
Building:
17. Prior to the issuance of a business license, the applicant 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:
18. 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.
19. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section
17.04.060.
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 City Planner prior to installation of
such signs.
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CUP 2021-0005 (DEV2021-0050)-MEBE EDUCATIONAL TRAINING FACILITY
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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 Jessica
Bui at {760) 602-4631.
Sincerely,
CLIFF JONES
Principal Planner
CJ:JE:cf
c: David Zaslow, 3600 Lime Street, Suite 421, Riverside, CA 92501
Patrick Bunt, 8885 Rio San Diego Drive, Suite 340, San Diego, CA 92108
Don Neu, City Planner
David Rick, Project Engineer
HPRM/File Copy
Data Entry