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HomeMy WebLinkAboutAMEND 2019-0010; HOUSE OF AIR (SKY ZONE); Admin Decision LetterJanuary 6, 2020 ~C&.-~~~ ,.-,.,°' f:1 ~11,r COPY (°City of Carlsbad Joshua Rathweg Sky Zone Carlsbad Suite 102 6133 Innovation Way, Carlsbad, CA 92009 SUBJECT: AMEND 2019-0010 (DEV06053) -HOUSE OF AIR (SKY ZONE) -Request for approval of an amendment to Minor Conditional Use Permit MCUP 16-04 (AMEND 2019-0010) in conjunction with a change in ownership from the "House of Air'' trampoline recreation facility to the "Sky Zone" trampoline recreation facility to allow for revised hours of operation within a 32,560-square-foot portion of an existing 56,915-square-foot industrial building on property located at 6133 Innovation Way, within the Bressi Ranch Master Plan, in the Planned Community (P-C) Zone and Local Facilities Management Zone 17. Dear Mr. Rathweg, The City Planner has completed a review of your application for an amendment to Minor Conditional Use Permit MCUP 16-04 (AMEND 2019-0010) in conjunction with a change in ownership from the "House of Air'' trampoline recreation facility to the "Sky Zone" trampoline recreation facility to allow for revised hours of operation within a 32,560-square-foot portion of an existing 56,915-square-foot industrial building on property located at 6133 Innovation Way. A notice was sent to property owners within a 300- foot radius of the subject property requesting comments regarding the above request. No comments were received within the ten-day notice period (ending on January 3, 2020). After careful consideration ofthe circumstances surrounding this request, the city planner has determined that the findings required for granting an amendment to Minor Conditional Use Permit MCUP 16-04 (AMEND 2019-0010) can be made and therefore, approves this request based on the following findings and conditions. Findings: 1. All the findings contained in the city planner Approval Letter dated November 1, 2016, for MCUP 16- 04 apply to this amendment because the changes in hours are minor, permanently extending the summer hours which have not previously resulted in complaints or issues with surrounding businesses or residents, and the amendment does not create any environmental impacts that would require additional environmental review. These findings are incorporated herein by reference and remain in effect. 2. 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 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 AMEND 2019-0010 (DEV06053) -HOUSE OF AIR (SKY ZONE) January 6, 2020 Pa e 2 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. 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_)nterest by the city's approval of this Minor Conditional Use Permit Amendment. 2. All conditions and code reminders contained in the city planner Approval Letter dated November 1, 2016 for MCUP 16-04, apply to this amendment and are incorporated herein by reference and remain in effect, except for Conditions No. 10 and 14, which have been completed, and thus, are hereby deleted; and Condition No. 13, which is hereby superseded by Condition No. 5 below. 3. 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 Amendment, (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. 4. Prior to the approval of final inspection, Developer shall submit to the city a Notice of Restriction executed by the owner of the real property to be developed. Said notice is 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 Amendment on the property. 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 Developer or successor in interest. 5. The indoor trampoline recreation facility will operate the following hours: a. Sunday through Thursday from 10 AM to 9 PM; and Friday through Saturday from 10 AM to 11PM. Any proposed changes to the hours of operations must be reviewed and approved by the City Planner. AMEND 2019-0010 (DEV06053) -HOUSE OF AIR (SKY ZONE) January 6, 2020 Pa e 3 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/exaction.s." 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 ri~ht 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. 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 Jason Goff, Senior Planner at (760) 602-4643. Sincerely, TERI DELCAMP Principal Planner TD:JG:dh c: Krista Vega, Rexford Industrial Realty LP, 11620 Wilshire Boulevard, 10th Floor, Los Angeles, CA 90025 Don Neu, City Planner Kyrenne Chua, Project Engineer HPRM/File Copy Data Entry