HomeMy WebLinkAboutCUP 2018-0011; HIGLEY FIT; Admin Decision LetterDecember 17, 2018
Alex Higley
Higley Fit Martial Arts
1355 Rainbow Ridge Ln
Encinitas, CA 92024
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Carlsbad
SUBJECT: CUP 2018-0011 (DEV15056)-HIGLEY FIT-Request for approval of a Minor Conditional
Use Permit (CUP 2018-0011) to allow for a martial arts fitness studio at 6064 Corte del
Cedro, in the Planned Industrial (P-M) Zone and Local Facilities Management Zone 5.
Dear Mr. Higley,
The City Planner has completed a review of your application for a Minor Conditional Use Permit, CUP
2018-0011, for a martial arts fitness studio at 6064 Corte del Cedro. 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 December 10, 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 "educational
facility, other" use (martial arts fitness studio) will provide the community with physical training
opportunities that include the benefits of physical exercise in a location that can easily serve
the surrounding area. Employees of the surrounding industrial office developments will have
additional exercise and fitness opportunities within close walking distance. Per the Industrial
& Office Land Use Policy 2-P .29 of the General Plan Land Use & Community Design Element,
recreation facilities are a compatible land use in the Pl land use designation and are
conditionally permitted in the 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 indoor martial arts fitness studio
provides a support use in close proximity to the surrounding planned industrial office
developments. The proposal consists ofan indoor physical training use that will not produce
any nuisance or other negative impacts affecting persons in the vicinity. Additionally, the
proposed indoor martial arts fitness studio facility will operate as an indoor use at a location
that has been previously developed in compliance with the objectives of the General Plan. The
site design accommodates all required parking on-site and provides for adequate traffic
circulation.
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
CUP 2018-0011 (DEV15056)-HIGLEY FIT
December 17, 2018
Pa e 2
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 martial arts fitness
studio will occupy an interior space consisting of 5,565 square feet within an existing 108,953-
square-foot industrial development. No exterior modifications to the existing building or
property are proposed. The proposed use, which requires 25 parking spaces, is fully
accommodated within the existing onsite parking area.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use in that the proposed indoor martial arts fitness studio is accessed
from Corte del Cedro, a local/neighborhood street segment, and is currently operating at an
acceptable level of service. The 223 ADT generated by the proposed use can be accommodated
by the existing street system with no further Improvements required.
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. 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 2018-0011 as shown on Exhibits "A" -"K" dated December 17, 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 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.
CUP 2018-0011 (DEV15056) -HIGLEY FIT
December 17, 2018
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3. Staff is authorized and directed to make, or require the Developer to make, all corrections a"nd
modifications to the CUP 2018-0011 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) 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. This
obligation survives until all legal proceedings have been concluded and continues even if the city's
approval is not validated.
5. · The Developer shall comply with all applicable provisions of federal, state, and local ordinances in
effect at the time of building permit issuance, including all current California Building Codes.
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 2018-0011 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 or the 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 December 17, 2018 through
December 17, 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.
9. Prior to the issuance of a 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
CUP 2018-0011 (DEV15056) -HIGLEY FIT
December 17, 2018
Page 4
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.
10. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application.
11. 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.
Code Reminders:
12. 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.
13. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17 .04.060.
14. The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
15. 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 2018-0011 (DEV15056) -HIGLEY FIT
December 17, 2018
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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. 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 Esteban
Danna at 760-602-4629.
Sincerely,
TERI DELCAMP
Principal Planner
TD:ED:dh
c: Don Neu, City Planner
Jennifer Horodyski, Project Engineer
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