HomeMy WebLinkAboutMCUP 15-12; Baseball Performance Academy; Conditional Use Permit (CUP)September 11, 2015
< Erik Castro
Baseball Performance Academy
2245 Camino Vida Roble #104
Carlsbad, CA 92011
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SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 1S-12 -BASEBALL PERFORMANCE
ACADEMY-Request for approval of a Minor Conditional Use Permit (MCUP 15-12; replaces CUP 14-01
- 5 Tool Athletics) to allow the expansion of an existing baseball training facility at 2245 Camino Vida
Roble, Suites 103-105, in the Planned Industrial (P-M) Zone and Local Facilities Management Zone 5.
Dear Mr. Castro,
The City Planner has completed a review of your application for a Minor Conditional Use Permit MCUP
15-12 for the expansion of an existing baseball training facility located at 2245 Camino Vida Roble,
Suites 103-105. 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 17, 2015). After careful consideration of the circumstances
surrounding this request, the City Planner has determined that the four 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 baseball training
facility expansion will provide additional area for specialty baseball training beyond typical team
practice sessions for players ranging from 5-18 years old and is located near the Bressi Ranch, La
Costa Greens and Aviara communities. Furthermore, per Industrial Implementing Policy C.9 of
the General Plan Land Use Element, recreational facilities and physical conditioning businesses
are compatible land uses in the PI land use designation and are conditionally permitted in the
implementing 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 proposed baseball training facility
expansion is compatible with the surrounding office/industrial park and residential uses and the
proposed use will provide adequate parking that is consistent with the city's parking
requirements; The existing site has been designed to accommodate all required parking on-site .
and provides for adequate traffic circulation. Furthermore the baseball training facility expansion
area is located within an existing building and only tenant improvements to the interior are
required for the use.
Community & Economic Development
Planning Division )1635 Faraday Avenue Carlsbad, CA 92008-7314)760-602-4600 )760-602-8560 f I www.carlsbadca.gov
MCUP 15-12-BASEBAll PERFORMANCE ACADEMY
September 11, 2015
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 baseball training facility will expand into
an adjacent 4,000 square foot suite and will therefore occupy a total of 14,572 square feet of the
existing building with existing onsite landscaping and parking and requires no site alterations or
additional amenities. Furthermore, the project complies with all of th'e required development
standards of the P-M Zone and the 14,572 square foot space is adequate in size and shape to
accommodate the operations of the proposed baseball training facility expansion, as shown on
Exhibits "A-D." The baseball training facility requires 72 parking spaces. Including the training
facility, the property has an excess of 11 parking spaces for all existing uses and therefore meets
all parking requirements.
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 is provided access from Camino Vida Roble, a secondary
arterial street which is currently operating at an acceptable level of service. The average daily
trips associated with this proposed baseball training facility can be accommodated by the existing
street system.
5. That CUP 14-01 is null and void and is being superseded by this MCUP 15-12.
6. 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.
7. 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. Planning Commission Resolution No. 7038 for CUP 14-01 is null and void and is superseded by
MCUP 15-12.
2. Approval is granted for MCUP 15-12 -BASEBAll PERFORMANCE ACADEMY as shown on Exhibits
"A" -"D" dated September 11, 2015 on file in the Planning Division and incorporated herein by
reference. Development shall occur substantially as shown unless otherwise noted in these
conditions.
'
MCUP 15-12-BASEBALL PERFORMANCE ACADEMY
September 11, 2015
Pa e 3
3. 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 ofthis Minor Conditional Use Permit.
4. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the MCUP 15-12 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.
5. 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.
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. 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.
8. MCUP 15-12 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.
MCUP 15-12-BASEBALL PERFORMANCE ACADEMY
September 11, 2015
Pa e 4
9. This Minor Conditional Use Permit amendment 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.
10. 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 tlfe 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.
11. 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.
12. Developer shall report, in writing, to the City Planner within 30 days, any address change from that
which is shown on the permit application.
13. Prior to occupancy, a Certificate· of Occupancy Permit for a change of use shall be issued per
Carlsbad Municipal Code Section 21.60.010.
Engineering:
14. This project is approved upon the express condition that building permits or occupancy permit will
not be issued for the development of the subject property, unless the district engineer has
determined that adequate water and sewer facilities are available at the time of permit issuance
and will continue to be available until time of occupancy.
15. 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:
16. 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.
MCUP 15-12-BASEBALL PERFORMANCE ACADEMY
September 11, 2015
Pa e 5
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 or
occupancy permit issuance, except as otherwise specifically provided herein.
18. The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
19. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
20. 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.
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 $673.00 plus noticing fees. 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 free to contact Chris Garcia at (760) 602-4622.
Sincerely,
J()J--~
VAN LY~C~·
Principal Planner
VL:CG:bd
c: Ron Brady, c/o RB Co-R.E., LP, P.O. Box 1780, La Mesa, CA 91944
Stan Weiler, 2888 Loker Avenue East, Suite 217, Carlsbad, CA 92010
Jason Geldert, Project Engineer
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