HomeMy WebLinkAboutCUP 2018-0022; CITY OF CARLSBAD ORION CENTER - 1ST EXTENSION; Admin Decision LetterApril 22, 2025
Steven Stewart
1635 Faraday Avenue
Carlsbad, CA 92008-7314
{'city of
Carlsbad
SUBJECT: CUP 2018-0022 (PUB17Y-0018) -CITY OF CARLSBAD ORION CENTER -1st EXTENSION
Dear Steven Stewart,
The Planning Division has completed a review of_your application for the pt extension of Conditional Use
Permit, CUP 2018-0022-CITY OF CARLSBAD ORION CENTER. CUP 2018-0022 permits the redevelopment
of the city's existing 8.5-acre fleet maintenance facility and storage yard, known as the Orion Center,
located at 2600 Orion Way. The property has a land use designation of Public (P) and a zoning designation
of Open Space (O-S) zone, and is located within Local Facilities Management Zone 5. A conditional use
permit for the project was approved by the Planning Commission on April 5, 2023, pursuant to Planning
Commission Resolution No. 7475, and included Condition #8 that building permits must be issued within
24 months of project approval or else the approval would become null and void. On March 20, 2025, the
Public Works Department submitted a written request for an extension to the CUP. After careful
consideration of the circumstances surrounding this request, staff has determined that the request for a
time extension of CUP 2018-0022 was timely submitted prior to the permit's expiration and that the
findings required for granting a Conditional Use Permit can still be made. Therefore, the City Planner
APPROVES the 1st extension of Conditional Use Permit No. CUP 2018-0022 for two (2) years from April
5, 2025, to April 5, 2027, based on the following findings and conditions.
Findings:
1. All of the findings contained in Planning Commission Resolution No. 7475 dated April 5, 2023, for
CUP2018-0022 apply to this extension and are incorporated herein by reference and remain in effect.
2. That the first two-year extension (from April 5, 2025 to April 5, 2027) remains consistent with the
General Plan, all applicable provisions of the Carlsbad Municipal Code, and the city's Growth
Management Plan policies and standards in effect at this time.
3. Circumstances have not substantially changed since Conditional Use Permit CUP 2018-0022 was
originally approved.
4. The two-year extension is appropriate given the city's ongoing planning, budgeting, and
implementation processes for the Orion Center project. CUP 2018-0022 remains consistent with the
intended use of the property and with the requirements of the Carlsbad Municipal Code.
Community Development Department
Planning Division j 1635,Faraday Avenue Carlsbad, CA 92008-7314 j 442-339-2600 www.carlsbadca.gov
CUP 2018-0022 (PUB17Y-0018) -CITY OF CARLSBAD ORION CENTER -1st EXTENSION
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5. The project remains subject to the adopted Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program (MMRP), which were adopted pursuant to CEQA as part of Planning
Commission Resolution No. 7474. While the Mitigated Negative Declaration itself does not expire,
Carlsbad Municipal Code Section 21.58.040(3)(D) requires that all project-related permits or
approvals granted concurrently expire together unless extended in accordance with this section. The
current extension ensures consistency in expiration dates for the Conditional Use Permit and
associated environmental approvals.
6. The City Planner may impose new conditions or revise existing conditions when granting an extension.
At this time, no changes to the existing conditions of approval are proposed or required.
7. The decision to grant the extension of CUP2018-0022 shall be documented in writing, and a copy of
the City Planner's decision shall be mailed to the applicant, the applicant's representative, and any
individuals who have requested such notice in writing.
Conditions:
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and
maintained over time, and 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; or institute and prosecute litigation to compel their compliance or seek
damages. No vested rights are gained by the Developer or any successor in interest through the city's
approval of this time extension.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Conditional Use Permit CUP 2018-0022 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 that deviates from this
approval shall require an amendment.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations
in effect at the time of building permit issuance.
4. The first two-year extension of Conditional Use Permit CUP 2018-0022 is granted for a period of two
(2) years from April 5, 2025, to April 5, 2027 If building permits for this project are not obtained within
this time period, the Conditional Use Permit extension will expire on April 5, 2027, unless extended
per Section 21.42.110 of the Carlsbad Municipal Code.
CUP 2018-0022 (PUB17Y-0018)-CITY OF CARLSBAD ORION CENTER-1st EXTENSION
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5. Except as modified herein, all conditions contained in Planning Commission Resolution No. 7475,
dated April 5, 2023, apply to this time extension and are incorporated herein by reference and remain
in full effect. Condition No. 8 of Planning Commission Resolution No. 7475 is superseded by Condition
No. 4 of this approval which extends the deadline to obtain building permits through April 5, 2027.
CITY OF CARLSBAD
~~~-ff
Principal Planner
RE:AA:cf
c: Nichole Fine, Project Engineer
Eric Lardy, City Planner
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