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HomeMy WebLinkAboutCUP 2022-0016; ONE OF A KIND CHILDRENS THERAPY; Admin Decision LetterOctober 18, 2022 Brigid Shamburg One of a Kind Children's Therapy 1204 Hygeia Ave. #9 Encinitas, CA 92024 8FILE COPY {'cityof Carlsbad SUBJECT: CUP 2022-0016 (DEV2022-0157) -ONE OF A KIND CHILDRENS THERAPY -Request for approval of a Minor Conditional Use Permit (CUP 2022-0016) to allow a children's speech and language therapy facility, considered an educational facility use, located within an existing 900-square-foot office at 2385 Camino Vida Robles, Suite 203, in the Planned Industrial (P-M) Zone and Local Facilities Management Zone 5. Dear Brigid Shamburg, The City Planner has completed a review of your application for Minor Conditional Use Permit CUP 2022- 0016 as described above. 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 October 13, 2022). 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 project involves an approximately 900-square-foot language therapy and educational facility for children with various disabilities which includes one-to-one or small group instruction and is located within the Planned Industrial (Pl} General Plan Land Use designation which allows for educational facilities such as the use proposed. In addition, the proposed project is consistent with the goals of the Land Use element of the General Plan because the educational facility will promote a diversity of compatible land uses that enable residents to live close to a variety of public support systems. The operation of the educational facility limits the number of clients on site at any given time which ensures the facility's presence within the office building will be discreet and allows for compatibility in the diversity of land uses. Furthermore, the project will ensure adequate provisions of language therapy for residents and people in the regional area. 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 educational facility is compatible with the surrounding businesses because the use will operate at typical business hours and limits Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov CUP 2022-0016 (DEV2022-0157) -ONE OF A KIND CHILDRENS THERAPY October 18, 2022 Pa e 2 the number of clients at any given time. The existing site provides adequate parking for the proposed use, and all uses onsite consistent with city parking requirements. The use proposed requires one space per 200 square feet of gross floor area, or five parking spaces, which can be accommodated by existing onsite parking. The format of instruction involves therapy services typically provided at a one-to-one, client/therapist ratio, with no more than a three-to-one ratio. The number of students onsite are limited which ensures any potential parking impacts are minimized. 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 educational facility will occupy approximately 900 square feet on the second floor of an existing office building. The proposed project does not include an addition or exterior modifications to the existing building and therefore complies with the required development standards of the Planned Industrial (P-M} Zone. Furthermore, the approximately 900-square-foot lease space is adequate in size and shape to accommodate the proposed use as shown on Exhibits "A" -"E" dated October 18, 2022. 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 by way of El Camino Real which are currently operating at acceptable levels of service. The project's traffic generation or average daily trips (ADT) will be 16, a net increase of 1.4 ADT, however, the project will not impact the street system serving the proposed use as the streets will be adequate to handle the traffic generated by the project. 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 because the project includes negligible or no physical expansion. 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 2021-0005 as shown on Exhibits "A" -"E" dated October 18, 2022, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. CUP 2022-0016 (DEV2022-0157) -ONE OF A KIND CHILDRENS THERAPY October 18, 2022 Pa e 3 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 2022-0016 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. 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 5 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. CUP 2022-0016 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. CUP 2022-0016 (DEV2022-0157) -ONE OF A KIND CHILDRENS THERAPY October 18, 2022 Pa e 4 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. 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. 10. Prior to the issuance of a business license and/or building permit, whichever occurs first, · 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. 11. This approval shall become null and void if a business license and/or a building permit is 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. Code Reminders: 13. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.060. 14. 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 2022-0016 (DEV2022-0157) -ONE OF A KIND CHILDREN$ THERAPY October 18, 2022 Pa e 5 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 prncedure 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 $847.00. 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 ontheappealisr-eached. If you have any questions regarding this matter, please feel to contact Kyle Van Leeuwen at (442) 339-2611. Sincerely, CLIFF JONES Principal Planner CJ:KVL:JC c: Laserfiche/File Copy Data Entry