HomeMy WebLinkAboutPRE 2025-0035; 2219 PALOMAR AIRPORT RD; Admin Decision Letter
Community Development Department
Planning Division 1635 Faraday Avenue Carlsbad, CA 92008-7314 442-339-2600
August 1, 2025
Pedram Shokati
9850 Research Drive
Irvine, CA 92618
SUBJECT: PRE 2024-0035 (DEV2025-0043) – 2219 PALOMAR AIRPORT RD
APN 213-070-19-00
Thank you for submitting a preliminary review application to develop an existing property to facilitate a
new drive-thru restaurant use. The proposal generally involves pursuing one of the following two
approaches to develop the property:
1. Adaptive reuse of the existing 5,000-square-foot single-story building into multi-tenant units that
include a drive-through café.
or
2. Ground-up development of stand-alone, single-tenant restaurant use with drive-through
facilities.
In response to your application, the Planning Division has prepared this comment letter. Please note that
the purpose of a preliminary review is to provide you with direction and comments on the overall concept
of your project. This preliminary review does not represent an in-depth analysis of your project. It is intended to give you feedback on critical issues based upon the information provided in your submittal.
This review is based upon the plans, policies, and standards in effect as of the date of this review. Please
be aware that at the time of a formal application submittal, new plans, policies, and standards may be
in effect and additional issues of concern may be raised through a more specific and detailed review.
Planning:
General
1. General Plan and zoning designations for the property are as follows:
a. General Plan: P-I, Planned Industrial
b. Zoning: Planned Industrial (PM)
2. Drive-thru restaurants are prohibited in the city of Carlsbad and have been since the adoption of
Ordinance No. NS-439 in 1998. On April 29, 2025 the City Council received a report and signaled that
they would be open to applicant driven changes to that policy. As such, any applicant would need to
submit all amendments to study and provide for a legal use. At a minimum, the project will require
the following approvals and entitlements:
{city of
Carlsbad
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a. Zoning Code Amendment (ZCA): The municipal code will need to be amended to allow for this. A
zoning code amendment application will be needed to amend, at the least, sections 21.34.020
(Table A) and 21.42.140 (B)(50). Other amendments to other code sections may be needed.
b. Conditional Use Permit (CUP): Consistent with council discussions on new drive-thru restaurant
uses, a conditional use permit will need to be approved with the zoning code amendments,
consistent with Zoning Ordinance chapter 21.42.
c. Minor Site Development Plan (SDP): As required by CMC Section 21.34.050, the development of
the property shall require approval of a minor site development plan processed in accordance
with the provisions of CMC Chapter 21.06.
d. Environmental Review and document consistency. The proposed project will need to be studied
under the California Environmental Quality Act, under regulations and case laws pertaining to fair
application of zoning regulations and designations. A citywide removal of the prohibition could be
applied for, but the environmental impacts would need to be evaluated across the jurisdiction.
Additional application requests or amendments may be needed to narrow the project scope. The
City Council expressed their openness to consider drive-thru uses on a “case-by-case” basis, and
establishing a requirement for a Conditional Use Permit approved by the City Council. Simply
modifying the Zoning Code to allow for drive-thru restaurant uses with conditional use permit
approval in the P-M zone may be too broad, in that it would apply to the P-M zone city wide. The
application submitted for amendments to the zoning code should consider these components and
need to include additional requests to make request specific to this site. This may include, but is
not limited to:
i. Creation of a Specific Plan area, with language in that specific plan allowing drive-thru
restaurant uses.
ii. Creation of an overlay zone or expansion of an existing overlay zone to include the site,
with language or amendments to language to allow the drive-thru restaurant use in the
overlay zone.
iii. Other zoning actions specific to the site.
The City Council is the decision-making authority for any legislative action, including any
amendment to the Zoning Ordinance and therefore will decide on all entitlements.
3. Conversion of Existing Buildings to Drive-thru Restaurant Use. Option one presented in the
Preliminary Review Application is to utilize the existing structure, which two existing drive-thru lanes
previously used by the former back tenant:
a. Development Standards: The project is subject to the development standard for the P-M Zone
(CMC 21.43.070).
The existing structure is non-conforming to the applicable setback from Palomar Airport Roady
right-of-way, 50 feet. The structure can be repaired, altered or expanded, consistent with CMC
Section 21.48.060.
b. Parking Area: The parking calculation provided gives a parking requirement of 36 stalls, while the
project only provides 34 stalls. Please look to the Parking chapter in the Zoning Ordinance, Section
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21.44 for ways in which a parking standard can be modified. Additionally, the parking added to
the site near the southwest corner is subject to setback requirements of the zone, and should be
setback no less than 25 feet.
4. Demo Existing Building and Construction of New Drive-thru restaurant. Option two presented in the
Preliminary Review Application is to remove (demo) the existing structure, and construct a new drive-
thru restaurant of 2,400 square feet.
a. Development Standards: The project is subject to the development standards and requirements
for the P-M Zone (CMC 21.43).
5. Conceptual Landscape Plans. Formal submittal of an application to the City’s Planning Division for
discretionary review will need to include conceptual landscape plans. Landscape plans shall be
designed in accordance with the City of Carlsbad’s Landscape Manual Policies and Requirements.
The City of Carlsbad’s Landscape Manual can be found on the Planning Division’s web page at the
following address:
http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?BlobID=24086
6. McClellan-Palomar Airport Land Use Compatibility Plan: New development on site must be reviewed
for consistency with an adopted land use compatibility plan for the airport. Any physical changes to
the onsite structures and/or changes of use will require review of the project for compatibility and
consistency with the ALUCP.
7. California Environmental Quality Act: As the full scope of the request is still to be determined (i.e.
what specific changes to the municipal code will be requested/presented), the appropriate CEQA
process or potential exemption eligibility is still to be determined. At the least, some degree of Vehicle
Miles Traveled analysis will likely be needed specific to the size and type of drive-thru restaurant use
proposed. Studies, analyses, and other required CEQA review documents applicable to the project will
be the responsibility of the applicant to provide.
8. New requirements related to the city’s goals to reduce greenhouse gas (GHG) emissions will likely
impact development requirements of this project. A formal application submittal will need to include
a completed Climate Action Plan Checklist (Form P-30) to determine what requirements will apply to
the project. New GHG reduction requirements are related to energy efficiency, photovoltaic, electric
vehicle charging, water heating and traffic demand management requirements, as set forth in the
California Green Building Standards Code and in Carlsbad Municipal Code Chapters 18.21, 18.30 and
18.51 which is available on the city’s website at the following address:
http://www.qcode.us/codes/carlsbad/view.php?topic=18&frames=on
To the extent that new GHG reduction requirements are in effect at the time of application for grading
or building permits, the project will be required to comply with the effective requirements even if
different than what is proposed in the project’s planning approvals. GHG reduction requirements may
impact, but are not limited to, site design and local building code requirements. If incorporating new
GHG reduction requirements results in substantial modifications to the project after planning
approvals are obtained, then prior to issuance of grading or building permits, the applicant may be
required to submit and receive approval of a Consistency Determination or an Amendment
application for the project through the Planning Division.
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All necessary application forms, submittal requirements, and fee information are available at the Planning
counter located in the Faraday Building at 1635 Faraday Avenue or online at
https://www.carlsbadca.gov/departments/community-development/planning. You may also access the
General Plan Land Use Element and the Zoning Ordinance online at the website address shown. Please
review all information carefully before submitting.
Land Development Engineering:
Option 1 Comments
1. After the scoping agreement has been approved by the Transportation Division, submit a completed
Transportation Analysis Need Statement Form P-42 to Land Development Engineering at
LandDev@carlsbadca.gov prior to discretionary application submittal. If an LMA has been deemed
not necessary by the Transportation Division, please provide correspondence from the
Transportation Division indicating one is not required.
2. A Transportation Demand Management (TDM) plan may be required depending on the number of
employee vehicle trips the project will generate. Calculate the gross employee ADT using the
generation rates from Table 2-2 of the TDM Handbook
at https://www.carlsbadca.gov/home/showpublisheddocument/310/637425981338370000 Show
calculations on the Climate Action Plan checklist, Form P-30. If applicable, submit a TDM plan with
your application for discretionary permits.
3. Depending on the CEQA determination, which is determined after the application for discretionary
permits is submitted, a Vehicle Miles Traveled (VMT) analysis may be required per the Vehicles Miles
Traveled Analysis Guidelines available
at https://www.carlsbadca.gov/home/showdocument?id=312.
4. Complete a Stormwater Standards Questionnaire Form E-34. This questionnaire will guide you and
the city in determining what type of reports and storm water mitigation must be completed to satisfy
state and City storm water quality requirements. The questionnaire is located on the City of Carlsbad
website.
5. Based on this project’s general land use PI, this project may be subject to the City of Carlsbad trash
capture requirements. If it’s determined, by Form E-34, the project is subject to trash capture,
incorporate trash capture measures on the plans and prepare a preliminary trash capture storm water
quality management plan, Form E-35A.
6. Provide a Preliminary Title Report (current within the last six (6) months).
7. Plot and label all existing easements and encumbrances listed in the Preliminary Title Report on the
site plan.
8. Show existing lot line bearings and distances.
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9. On the site plan, show and identify all existing surface improvements screened back (curb, gutter,
sidewalk, paving, manholes, inlets, street lights, adjacent driveways, vaults, transformers, etc.) at
the project site, project frontage and within 25 feet of the boundary.
10. Delineate location of all existing and proposed buildings, walls, fences and permanent structures
onsite and within 25 feet of the site.
11. Show all existing utilities and callout size for: water, meters, sewer, laterals, storm drain, traffic signals,
etc. affecting the property.
12. The trees along Yarrow Drive frontage are included in the city’s street tree inventory. Indicate on
the site plan that they are to remain or to be removed. Proposed removal of street trees will require
approval per Section 11.12.090 of the Carlsbad Municipal Code. Coordinate with the parks and
recreation department for additional information.
13. Dimension all existing driveway widths.
14. All transformers and electrical facilities solely serving this project site shall be located on site and
outside of the public right-of-way.
15. Ensure the trash enclosure design is consistent with the City of Carlsbad and Republic Services
standards, see building department form B-76.
16. Dedication and frontage improvements are required per CMC18.40. A 5-foot-wide public street and
utility easement shall be dedicated on Yarrow Drive.
17. Plot corner sight distance at driveway on Yarrow Drive and the intersection of Yarrow Drive and
Palomar Airport Road.
18. This project requires off-site access to Yarrow Drive. Submit a copy of a recorded easement or an
agreement for offsite access from the owners of the affected properties with your application for a
discretionary or building permit.
19. Please be advised that a more in-depth review of the proposed development will occur with the
discretionary permit application when a more complete design of the project is provided.
Option 2 Comments
1. After the scoping agreement has been approved by the Transportation Division, submit a completed
Transportation Analysis Need Statement Form P-42 to Land Development Engineering at
LandDev@carlsbadca.gov prior to discretionary application submittal. If an LMA has been deemed not
necessary by the Transportation Division, please provide correspondence from the Transportation
Division indicating one is not required.
2. A Transportation Demand Management (TDM) plan may be required depending on the number of
employee vehicle trips the project will generate. Calculate the gross employee ADT using the
generation rates from Table 2-2 of the TDM Handbook
at https://www.carlsbadca.gov/home/showpublisheddocument/310/637425981338370000 Show
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calculations on the Climate Action Plan checklist, Form P-30. If applicable, submit a TDM plan with
your application for discretionary permits.
3. Depending on the CEQA determination, which is determined after the application for discretionary
permits is submitted, a Vehicle Miles Traveled (VMT) analysis may be required per the Vehicles Miles
Traveled Analysis Guidelines available
at https://www.carlsbadca.gov/home/showdocument?id=312.
4. Complete a Stormwater Standards Questionnaire Form E-34. This questionnaire will guide you and
the city in determining what type of reports and storm water mitigation must be completed to satisfy
state and City storm water quality requirements. The questionnaire is located on the City of Carlsbad
website.
5. Based on a preliminary analysis it appears that this project is a Priority Development Project (PDP). All
impervious surfaces being created or replaced (onsite and offsite) shall be included for treatment.
Submit a Storm Water Quality Management Plan, Form E-35. Review the Hydromodification
Exemption Map and Potential Critical Coarse Sediment Yield Area Map on the City website to see if
this criterion applies to your project. The post construction stormwater treatment BMPs shall be
shown on a conceptual grading plan and drainage plan with the discretionary application.
6. Based on this project’s general land use PI, this project is subject to the City of Carlsbad trash capture
requirements. Incorporate trash capture measures on the project plans and into storm water quality
management plan, Form E-35.
7. Provide a Preliminary Title Report (current within the last six (6) months).
8. Plot and label all existing easements and encumbrances listed in the Preliminary Title Report on the
site plan.
9. Show existing lot line bearings and distances.
10. A Preliminary Hydrology Study including map and calculations is required to demonstrate
capacity/sizing of proposed and existing storm drain infrastructure. Show 100-year storm hydrologic
calculations before and after development for each drainage basin.
11. Per CMC15.16.060 this project will require a grading permit and grading plan.
12. A separate improvement plan for work within the right-of-way may be required for this project.
13. This project shall utilize City of Carlsbad Survey Control Network established on Record of Survey
Map 17271, NAD83, Zone VI, 1991.35 Epoch for horizontal control and NGVD 29 datum for vertical
control per City of Carlsbad Engineering Standards.
14. Delineate and annotate the limits of grading.
15. Delineate and annotate approximate topographic contours for existing and proposed condition.
Provide 1-foot contours for slopes less than 5%; 2’ intervals for slopes between 5% and 10%, and 5’
intervals for slopes over 10%. Extend contours a minimum 25 feet beyond the project boundary.
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16. On the site plan, show and identify all existing surface improvements screened back (curb, gutter,
sidewalk, paving, manholes, inlets, street lights, adjacent driveways, vaults, transformers, etc.) at
the project site, project frontage and within 25 feet of the boundary.
17. Indicate the earthwork quantities (cut, fill, import, export, remedial) proposed for the project in
cubic yards.
18. Provide proposed elevations at the corners of each pad, top of curbs, finish surface of sidewalks and
pavement to clearly demonstrate the method of drainage. Include finish pad and finish floor
elevations.
19. If retaining walls are proposed for the project site, show top of wall and bottom of wall elevations,
including at the highest and lowest points. Indicate maximum height of retaining wall measured from
bottom of footing to top of wall and maximum height measured from finish surface to top of wall.
20. Delineate location of all existing and proposed buildings, walls, fences and permanent structures
onsite and within 25 feet of the site.
21. Show all existing and proposed utilities and callout size for: water, meters, sewer, laterals, storm drain,
traffic signals, etc. affecting the property.
22. The trees along Yarrow Drive frontage are included in the city’s street tree inventory. Indicate on
the site plan that they are to remain or to be removed. Proposed removal of street trees will require
approval per Section 11.12.090 of the Carlsbad Municipal Code. Coordinate with the parks and
recreation department for additional information.
23. Provide typical street cross sections for existing frontage streets. Provide existing right-of-way width
and existing improvements and proposed improvements and dedications.
24. Dimension all proposed and existing driveway widths.
25. Show truck turning radii. Plot turning radii per Caltrans figure 404.5B and/or 404.5F.
26. Provide 5-foot minimum back-up clearance at the last stalls facing each other at 90 degrees in the
row of parking spaces.
27. All transformers and electrical facilities solely serving this project site shall be located on site and
outside of the public right-of-way.
28. Locate fire service, backflows, potable and recycled water services, meters, landscape irrigation
services, and sewer laterals for the new development in compliance with City of Carlsbad
Engineering Standards requirements.
29. Ensure the trash enclosure design is consistent with the City of Carlsbad and Republic Services
standards, see building department form B-76.
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30. Dedication and frontage improvements are required per CMC18.40. A 5-foot-wide public street and
utility easement shall be dedicated on Yarrow Drive.
31. Plot corner sight distance at driveway on Yarrow Drive and the intersection of Yarrow Drive and
Palomar Airport Road.
32. This project may require off-site grading and/or improvements. Submit a copy of a recorded
easement or an agreement for the offsite work from the owners of the affected properties with
your application for a discretionary or grading permit.
33. This project requires off-site access to Yarrow Drive. Submit a copy of a recorded easement or an
agreement for offsite access from the owners of the affected properties with your application for a
discretionary permit.
34. Please be advised that a more in-depth review of the proposed development will occur with the
discretionary permit application when a more complete design of the project is provided.
Public Works – Traffic and Mobility:
1. A Scoping Agreement per the latest City of Carlsbad Transportation Impact Analysis Guidelines will be
required to determine what analysis will be needed. The scoping agreement is provided in Appendix
A of the TIA guidelines.
2. In addition to the above-mentioned scoping agreement, a consultant will need to prepare a queueing
analysis for the proposed project site. This will include the study of queueing operations at a minimum
of three similar sites to the proposed projects. Prior to any data collection at these sites, a memo
detailing the methodology of data collection, time periods to be studied and the proposed sites to be
studied, shall be submitted and approved by city staff.
Public Works – Utilities:
1. Proposed ground floor layout shall preserve suitable locations and space for all required utility
connections, meters, and backflow devices in conformance with current Engineering Standards.
Identify locations and detail fire service, water, irrigation, and sewer connections at property line for
the new development in compliance with current Carlsbad Engineering Design Standards
requirements.
2. Provide sewer study analyzing existing and proposed demands for the public sewer main per current
City of Carlsbad Engineering Design Standards.
Fire Department:
1. Fire sprinkler system would be required in option #1. Fire sprinklers are required in buildings 5,000 sq
ft or greater (City of Carlsbad ordinance).
All necessary application forms, submittal requirements, and fee information are available at the Planning
counter located in the Faraday Building at 1635 Faraday Avenue or online at
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https://www.carlsbadca.gov/departments/community-development/planning/planning-applications-
forms. You may also access the General Plan Land Use Element and the Zoning Ordinance online at the
website address shown; select Department Listing; select Planning Home Page. Please review all
information carefully before submitting.
If you would like to schedule a meeting to discuss this letter with the commenting departments, please
contact Kyle Van Leeuwen at the email below. You may also contact each department individually as
follows:
•Planning Division: Kyle Van Leeuwen, Associate Planner, kyle.vanleeuwen@carlsbadca.gov
•Land Development Engineering: Tim Carroll, Project Engineer, Tim.Carroll@carlsbadca.gov
•Public Works/Traffic and Mobility: Nick Gorman, Nick.Gorman@carlsbadca.gov
•Public Works/Utilities: Zac Taylor, Zac.Taylor@carlsbadca.gov
•Fire Department: Darcy Davidson, Darcy.Davidson@carlsbadca.gov
Sincerely,
ERIC LARDY
City Planner
EL:KVL:cf
Enclosures:
1.Utilities Redlines – Site Plan Exhibit
c: MCR PAR, LLC, P.O. Box 2427, Del Mar, CA 92014
Tim Carroll, Project Engineer
Laserfische/File Copy
Data Entry