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HomeMy WebLinkAboutCUP 2022-0015; GREY HAWK CT; Admin Decision LetterNovember 23, 2022 Sonya Anson 3234 Grey Hawk Ct Car lsbad, CA 92010 BFILE COPY C_cityof Car sba SUBJECT: CUP 2022-0015 (DEV2022-0155) -GREY HAWK CT -Request for approval of a Minor Co ndit ional Use Permit (CUP 2022-0015) to allow for the conversion of 928 square feet of existing office/warehouse space to accessory retail space, within an existing business located at 3234 Grey Hawk Court, in the Planned Industrial (P-M) Zone and Local Facilities Management Zone 18. Dear Ms. Anson, The City Planner has completed a review of your application for Minor Conditional Use Permit CUP 2022- 0015 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 November 18, 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 in accordance with Industrial and Office Land Use Policy 2-P.29 of the General Plan Land Use and Community Design Element, accessory retail uses are a compatible land use under the Planned Industrial (Pl) General Plan Land Use designation and are conditionally permitted in the Planned Industrial (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 accessory retail use is a conditionally permitted use in the Planned Industrial (P-M) Zone and complies with development regulations therein. The retail use is directly associated with the primary use, and no more than 20 percent (928 square feet) of the gross floor area (4,640 square feet) is dedicated to retail. The use is located within an existing office/warehouse building that is architecturally compatible with the surrounding industrial buildings, and adequate onsite parking is provided for the retail use to meet the city's parking requirements. Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov CUP 2022-0015 (DEV2022-0155) -GREY HAWK CT November 23, 2022 Pa e 2 3. That the site for the proposed co nditional use is adequate in size and ·shape to accommodate t he 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 t he use with other uses in the neighborhood in that the proposed ancillary retail use will occupy a total of 928 square feet (20%) of an existing 4,640-sqaure-foot tenant space in an existing development. With existing onsite landscaping and parking, the project requires no exterior site alterations or additional amenities. Furthermore, the project complies with the requirements of Planned Industrial (P-M) Zone, including that the retail use is accessory to the permitted uses and wholly contained within the bu ilding and that the accessory reta il use will be parked based on the requirements of retail. The total required parking for all the uses within the tenant space, including the retail use, is i2 spaces where a total of 16 parking spaces are available for tenant use. 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 has existing direct access from Grey Hawk Court into the site. Grey Hawk Court is a loca l street and can easily accommodate the 37 average daily trip (ADT) increase associated with the use. 5. That the City Planner has determined that the project belongs t o a cla ss of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exe mpt 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 app ly 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 De\Jeloper 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 2022-0015 (DEV:2022-0155) -GREY HAWK CT as shown on. Exhibits "A" -11B11 dated Novembe.r 22, 2022 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 fwture 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 2022-0015 (DEV2022-0155) -GREY HAWK CT November 23, 2022 Pa e 3 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the CUP 2022-0015 (DEV2022-0155) -GREY HAWK CT documents, as necessary to make them internally consistent and in conformity with t he final action on the project. Development sha ll occur substantially as shown on the approved Exhibits. Any proposed deve lopment different from this approval shall require an amendment to this approval. 4. The Developer/Operator sha ll and does hereby agree to indem nify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and aga inst any and all li abilities, losses, damages, demands, claims and costs, including court costs and attorney's fees in curred by t he city arising, directly or indirectly, from (a) city's approval and iss uance of this Minor Co nditional 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 insta ll ation and operation of the facility permitted hereby, including without limitation, any and all li ab ilities arising from the emission by t he facility of electromagnetic fields or other energy waves or emissions. 5. The Developer shall comply with al l applicable provisions of federal, state, _and local ordinances in effect at t he t im e of building permit issuance. 6. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 18 Local Faciliti_es Management Plan and any amendments made to that Plan prior to the issuance of _building permits. 7. CUP 2022-0015 (DEV2022-0155) -GREY HAWK CT 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 co6ditions imposed herein have not been met. 9. Prior to the issuance of~-building permit, the Developer shall provide proof to the Building Division from Carlsbad S_chool District that this project has satisfied its obligation to provide school facilities. CUP 2022-0015 (DEV2022-0155) -GREY HAWI< CT November 23, 2022 Pa e 4 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 or imposed by law on this residential housing 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 t he condition complies with all requirements of law. 11. Prior to the issuance of a building permit, owner/applicant shall submit to the city a Not ice of Restriction to be fi led 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 t he file containing complete project details and all conditions of approva l as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Plann er has t he authority to execute and record an amendment to t he notice, which modifies or terminates said notice upon a showing of good cause by the owner/applicant or successor in interest. 12. 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. 13. 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: 14. 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. 15. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 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 P,lanner prior to installation of such signs. · CUP 2022-0015 (DEV2022-0155) -GREY HAWK CT November 23, 2022 Pa e 5 NOTICE Please ta ke NOTICE t hat approva l of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter co llectively referred to for con ven ience as "fees/exactions." You have 90 days from the date of fina l approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Go vernment 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. Fa ilure to timely follow that procedure will bar any subseq uent lega l action to attack, revi ew, set as ide, void, or an nul their imposit ion. 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 app li cation process ing 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 t hi s, 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 . 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 (442) 339-2629. Sincerely, ~~ t6c£FF JON ES . Principal Planner CJ:ED:JC c: Eric Lardy, City Planner Nichole Fine, Project Engineer Laserfiche/File Copy Data Entry