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HomeMy WebLinkAboutCUP 2024-0008; PICKLEBALL CUP; Admin Decision LetterMay 6, 2025 Nick Dawson {city of Carlsbad 6131 Innovation Way, Suite 100 Carlsbad, CA 92009 SUBJECT: CUP 2024-0008 (DEV2024-0100) -PICKLEBALL CUP -Request for approval of a Minor Conditional Use Permit (CUP 2024-0008} to allow an indoor pickleball recreation facility use within an existing 32,441 square foot space in a 56,915 industrial warehouse building. The existing industrial building contains 26,559 square feet of warehouse, 3,393 square feet of ground floor lobby, bathrooms and office and 2,489 square feet of mezzanine, approved along with the industrial building to the south under SOP 15-09/PUD 15-09/MS 15-06. The 26,559 square foot warehouse will be converted into 11 pickleball courts. The 2,489 square foot mezzanine will be converted into a patron lounge which will contain a snack bar. 500 square feet of the ground floor will be utilized for an office space, and 2,893 square feet will be utilized as the ground floor lobby/entrance. The project site is located at 6131 Innovation Way, Suite 100 and is comprised of Assessor Parcel Numbers (APN) 213-261-25-00. The site is subject to the Pl, Planned Industrial General Plan Land Use Designation and is Zoned Planned Community (P-C}. The site is located within Planning Area 3 or the Bressi Ranch Master Plan (MP 178(K)). Planning Area 3 refers to the Planned Industrial (P-M) zone for development regulations. The approximately 3.98- acre project site is developed with an existing 56,915-square-foot industrial building. Access will continue to be provided by Slater Place, connected to Innovation Way. Dear Mr. Dawson, The City Planner has completed a review of your application for a Minor Conditional Use Permit CUP 2024- 0008. 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 March 24, 2025). 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 wfth 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 Planning Area 3 of the Bressi Ranch Master Plan (MP 178(K)) refers to the Planned Industrial (P-M) zone for development regulations, which implements the Planned Industrial (Pl) General Plan land use designation which allows for recreation facilities with the approval of a minor conditional use permit. Additionally, in accordance with Industrial Land Use Policy 2-P.29 of the General Plan Land Use Element, the proposed use will provide support uses in an area designated Planned Industrial as employees of the surrounding industrial office developments, residents of Bressi Ranch and guest of the nearby Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442 -339-2600 CUP 2024-0008 (DEV2024-0100)-PICKLEBALL CUP May 6, 2025 Page 2 adjacent hotels will have additional exercise and entertainment opportunities within close walking distance. 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 indoor pickleball recreation facility provides a support use in close proximity and walking distance of the surrounding planned industrial development and hotels, as well as the residential communities of Bressi Ranch. The proposal consists of an innocuous indoor recreational use that will not product any nuisance or other negative impacts affecting person in the vicinity. The project has been conditioned to keep all garage doors closed during business hours to reduce noise. Additionally, the proposed indoor pickleball recreation facility will similarly operate as an indoor use at a location that has been previously developed in compliance with the objectives of the General Plan. Lastly, the site design accommodates all required parking on-site and provides for adequate traffic circulation. 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 pickleball recreation facility will occupy an interior space consisting of 32,441 square feet all within an existing 56,915 square foot industrial building; no exterior modifications to the existing building or property are proposed. Minor interior tenant improvements within the portion of the building dedicated to the indoor pickleball recreation facility will include maintaining the existing 3,393 square feet of ground floor lobby, restrooms and office on the first floor (500 square foot office and 2,893 square feet of lobby and restrooms), converting the existing 26,559 square warehouse into 11 pickleball courts with spectating areas, and converting the existing 12,489 square foot mezzanine into a patron lounge. The patron lounge will have a snack bar for customers to purchase pre-packaged snacks and beverages, and a retail "pro shop" which will sell a limited selection of paddles, balls and activewear to members only. Additionally, through the authority granted pursuant to Chapter 21.44.030 - Parking Requirements for Uses Not Specified, the City Planner has determined that the parking ratio for the closest relatable use (i.e. gyms and health spas parked at a ratio of 1 space per 200 square feet of gross floor area) does not closely relate to the operations of an indoor pickleball recreation facility, and therefore, has approved an alternative parking ration of 1 space per 3 spectator seats based on approvals for other pickleball recreation uses in the city (Stagecoach Community Park and Calavera Hills Community Park). The proposed use which requires 54 spaces (120 spectator seats+ 3 = 40 space for pickleball courts and patron lounge, and 3,393 square feet office/lobby + 250 = 14 spaces for remainder of building) can easily be accommodate onsite where a total of 87 spaces have been approved for the lease of this portion of the 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 existing building complies with the required development standards of the P-M zone, and the 32,441- square-foot lease space is adequate in size and shape to accommodate the proposed use as shown on Exhibits "A" -"K" dated May 6, 2025. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the proposed indoor pickleball recreation facility is provided access from Innovation Way, a Local/Neighborhood Street segment, which is accessed from Palomar Airport Road and is currently operating at an acceptable level of service. The 206 average daily trips CUP 2024-0008 (DEV2024-0100)-PICKLEBALL CUP May 6, 2025 Page 3 associated with the proposed use can be accommodated by the existing street system with no further improvements required. 5. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan- Palomar Airport (ALUCP), dated March 4, 2010, in that a. The proposed project is located outside of the 60 dB CNEL noise contour. The ALUCP identifies all uses located outside the 60 dB CNEL noise contour as compatible with airport uses. b. The existing building, which will house the proposed use, is in compliance with the ALUCP airspace protection surfaces because a determination of no hazard to air navigation has already been issued by the FAA with the original approval of SDP 15-09. c. The portion of the existing building, which contains the proposed use, is located entirely within Safety Zone 6. The ALUCP identifies "Indoor Large Assembly (capacity 300 to 999 people)" and "Office" as compatible with airport uses when located within Safety Zone 6. d. The proposed project is located within the overflight notification area. The ALUCP requires recordation of an overflight notification only for new residential uses. Being this is a non- residential use, the overflight notification is not applicable. 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 15331 -In-Fill Development Projects 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. 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. 8. 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 2024-0008 as shown on Exhibits "A" -"K" dated May 6, 2025 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 CUP 2024-0008 (DEV2024-0100} -PICKLEBALL CUP May 6, 2025 Page 4 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 2024-0008 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 17 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. 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. 8. 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 the condition complies with all requirements of law. 9. Prior to the issuance of a building permit, the owner 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. CUP 2024-0008 (DEV2024-0100) -PICKLEBALL CUP May 6, 2025 Page 5 10. 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. 11. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 12. The indoor pickleball recreation facility will operate Monday through Sunday 6:00 AM to 10:00 PM. Any proposed changes to the hours of operation must be reviewed and approved by the City Planner. 13. The garage doors will remain closed during business hours. 14. 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: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building permit. General 15. This project is approved upon the express condition that building permits 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. Storm Water Quality 16. 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: 17. 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. CUP 2024-0008 {DEV2024-0100) -PICKLEBALL CUP May 6, 2025 Page 6 Code Reminders: 18. 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. 19. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.060. 20. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 21. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 17 as required by Carlsbad Municipal Code Section 21.90.050. 22. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 23. 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 2024-0008 {DEV2024-0100} -PICKLEBALL CUP May 6, 2025 Pa e 7 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 $930. 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 Lauren Yzaguirre at (442) 339-2634. Sincerely, ERIC LARDY City Planner EL:LY:mh c: David Lanser, Rexford Industrial Reality, Inc., 11620 Wilshire Blvd, Los Angeles, CA 90025 Eric Lardy, City Planner Linda Ontiveros, Project Engineer Laserfiche/File Copy Data Entry