HomeMy WebLinkAboutRP 15-18; Fit Monkeys; Redevelopment Permits (RP)October 9, 2015
Denise McClelland
6550 Ponto Drive #86 < Carlsbad, CA 92011
{'city of
Carlsbad
SUBJECT: RP 15-18-FIT MONKEYS-Request for approval of an Administrative Review Permit
(RP 15-18) to allow for the change in use from an office space to a fitness gym at 3138 Roosevelt Street,
in District 5 of the Village Review Zone and Local Facilities Management Zone 1.
Dear Ms. McClelland,
The City Planner has completed a review of your application for an Administrative Review Permit RP 15-
18 to allow for the change in use of a portion of an existing building from an office space to a fitness
gym at 3138 Roosevelt Street. A notice was sent to property owners within a 300' radius of a subject
property requesting comments regarding the above request. No comments were received within the
ten (10) day notice period (ending on October 8, 2015).
It is the City Planner's determination that the project, RP 15-18-Fit Monkeys, is consistent with the
Carlsbad Village Master Plan and Design Manual and with all other applicable city ordinances and
policies. Therefore, the City Planner 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 gym use provides a resident serving
use, employment opportunities 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 the existing multi-tenant
building provides as many parking spaces on-site to the extent feasible as per the parking
program of the Village Master Plan and Design Manual 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 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.
Community & Economic Development
Planning Division )1635 Faraday Avenue Carlsbad, CA 92008-7314)760-602-4600 )760-602-8560 f J www.carlsbadca.gov
RP 15-18-FIT MONKEYS
October 9, 2015
Page 2
5. 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:
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1. Approval is granted for RP 15-18 as shown on Exhibits "A"-"B" dated October 9, 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 Administrative Review Permit RP 15-18 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 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. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in
effect at the time of building permit issuance.
7. Prior to the issuance of a Building Permit or business license, 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
RP 15-18-FIT MONKEYS
October 9, 2015
Page 3
City of Carlsbad has issued an Administrative Review 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.
8. 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.
9. This project shall comply with all conditions and mitigation measures, which are required as part of
the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the
issuance of building permits.
10. RP 15-18 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 Administrative Review 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 Administrative Review 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 Administrative Review 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
Administrative Review Permit in whole or in part, reaffirm the Administrative Review Permit,
modify the conditions or impose new conditions.
11. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the City that adequate water service
and sewer facilities, respectively, are available to the project at the time of the application for the
building permit, and that water and sewer capacity and facilities will continue to be available until
the time of occupancy.
12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License
Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special
tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040.
Developer shall also pay any applicable local Facilities Management Plan fee for Zone 1, pursuant to
Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are
not paid, this approval will not be consistent with the General Plan and shall become void.
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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.
RP 15-18-FIT MONKEYS
October 9, 2015
Page4
14. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed
from view and the sound buffered from adjacent properties and streets, in substance as provided in
Building Department Policy No. 80-6, to the satisfaction of the Directors of Community and
Economic Development Department and Planning.
15. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an
Outdoor Storage Plan, and thereafter comply with the approved plan.
Engineering:
16. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement
best management practices at all times. Best management practices include but are not limited to
pollution control practices or devices, erosion control to prevent silt runoff during construction,
general housekeeping practices, pollution prevention and educational practices, maintenance
procedures, and other management practices or devices to prevent or reduce the discharge of
pollutants to stormwater, receiving water or stormwater conveyance system to the maximum
extent practicable. Developer shall . notify prospective owners and tenants of the above
requirements.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
17. 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.
24. Premise identification (addresses) shall be provid~d consistent with Carlsbad Municipal Code
Section 18.04.320.
25. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10
of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area
contained in the staff report and shown on the site plan are for planning purposes only.