HomeMy WebLinkAboutRP 15-13; Fresh Feeling Health Spa; Redevelopment Permits (RP)'
August 31, 2015
Juan Chen
Apartment 253
1190 Encinitas Boulevard
Encinitas, CA 92024
Ccityof
Carlsbad
SUBJECT: RP 15-13 -FRESH FEELING HEALTH SPA-Request for approval of an Administrative
Review Permit (RP 13-13) to allow for the operation of a medical therapy spa at 3081
Madison Street, in District 1 of the Village Review Zone and Local Facilities Management
Zone 1.
Dear Ms:Chen,
The City Planner has completed a review of your application for a Administrative Review Permit RP 15-
13 to allow for the operation of a medical therapy spa at 3081 Madison Street. 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 August 23, 2015).
After careful consideration of the circumstances surrounding this request, the City Planner has
determined that the four findings required for granting an Administrative Review Permit can be made
and therefore, APPROVES this request based on the following findings and conditions.
Findings:
1. The City Planner has determined that the project is consistent with the policies, goals and action
programs set forth within the Carlsbad General Plan in that the medical therapy spa provides a
resident serving use and complements the existing commercial and residential uses in the
pedestrian-oriented downtown Village.
2. · The City Planner has determined that the project is consistent with Chapter 21.35 (Village Review
Zone) of the Carlsbad Municipal Code and all applicable development standards and land use
policies set forth within the Village Master Plan and Design Manual in that no additional parking is
required as the medical therapy spa has the same parking requirement as the previous business
at that location and there are no anticipated impacts to the surrounding commercial and
residential uses.
3. That the total cost of the proposed development is less than $60,000.
4. That the City Planner has determined that the project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15303, Class 3, of the State CEQA
Guidelines as the project involves the conversion of an existing small structure from one use to
another where only minor modifications are made to the structure and will not have any adverse
significant impacts on the environment.
Community & Economic Development
Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-4660 1760-602-8560 f 1 www.carlsbadca.gov
RP 15-13-FRESH FEELING HEALTH SPA
August 31, 2015
Page 2
5. 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.
Conditions:
•
1. Approval is granted for RP 15-13 as shown on Exhibit "A" dated August 31, 2015 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 Administrative Review Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the RP 15-13 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 Administrative Review 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. 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.
6. Within 30 days of the date of this letter, 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 an Administrative Review Permit on the real property owned by the owner/applicant. Said
RP 15-13-FRESH FEELING HEALTH SPA
August 31, 2015
Pa e 3
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.
7. Developer shall report, in writing, to the City Planner within 30 days, any address change from that
which is shown on the permit application.
Code Reminders:
8. 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.
9. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.