HomeMy WebLinkAboutCUP 2020-0004; KYLLE SEBREE STUDIO; Admin Decision LetterJuly 8, 2020
Brian H. Garrett
FILE Ccityof
Carlsbad
17215 Rockhouse Road
Ramona, CA 92065
SUBJECT: CUP Z0Z0-0004 (DEVZ0Z0-0124) -KYLLE SEBREE STUDIO -Request for approval of a
Minor Conditional Use Permit (CUP 2020-0004) to change the current use from personal
services (fitness studio) to light industrial (furniture making) in an existing tenant space
on property generally located at 3135-3155 Tyler Street, in the Pine-Tyler Mixed-Use
District of the Village and Barrio Master Plan and Local Facilities Management Zone 1.
Dear Mr. Garrett,
The City Planner has completed a review of your application for Minor Conditional Use Permit CUP 2020-
0004 to change the current use from personal services (fitness studio) to light industrial (furniture making)
in an existing tenant space on property generally located at 3135-3155 Tyler Street. The proposed
furniture-making business requires no changes to the existing site design or interior tenant space. 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 June 25,
2020). 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 light industrial use
(furniture making) is consistent with the General Plan Village Land Use designation and is a
conditionally-permitted use within the Pine-Tyler Mixed-Use District of the Village and Barrio
Master Plan and will add to the variety of uses within the district.
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 light industrial use (furniture making)
is a conditionally-permitted use in the Pine-Tyler Mixed-Use District of the Village and Barrio Master
Plan and is compatible with the surrounding uses, which include automobile services and childcare
facilities. The proposed furniture-making business requires no changes to the existing site design or
interior tenant space. The property is currently developed with a total of three tenant spaces and
ZZ parking spaces. The parking requirements for all three tenant spaces do not exceed ZZ spaces.
Community Development Department
Planning Division J 1635 Faraday Avenue Carlsbad, CA 92008-7314 j 760-602-4600 J 760-602-8560 f I www.carlsbadca.gov
CUP 2020-0004 (DEV2020-0124) -KYLLE SEBREE STUDIO
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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 light Industrial use (furniture
making) will occupy a total of 3,067 square feet (SF) of an existing 6,225 SF building with existing
parking and requires no exterior site alterations. Furthermore, the project complies with the
requirements of the Village and Barrio Master Plan. The light industrial use Is a conditionally-
permitted use and wholly contained within the building.
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 site has existing direct access from Tyler Street. The change
of use in the subject tenant space from personal services (fitness studio) to light industrial (furniture
making) results In a decrease in average daily trips (ADT) from 88 ADTs to 12 ADTs.
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 -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 2020-0004 as shown on Exhibits "A" -"D" dated July 8, 2020 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 2020-0004 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
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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 1 Local Facilities Management Plan and any amendments made to that Plan prior to the
issuance of building permits.
7. CUP 2020-0004 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 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 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
CUP 2020-0004 (DEV2020-0124) -KYLLE SEBREE STUDIO
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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 building permit, 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. A Building Permit is required for the change of use from personal services (fitness studio) to light
industrial (furniture making). A Business License will not be granted by the city until the building
permit has been finaled.
13. 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.
14. 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:
15. 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.
16. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section
17.04.060.
17. 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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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:mf
c: Don Neu, City Planner
Kyrenne Chua, Project Engineer
HPRM/File Copy
Data Entry