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HomeMy WebLinkAboutCUP 2025-0004; 2045 CORTE DE NOGAL PICKLEBALL; Admin Decision Letter{cityof Carlsbad February 25, 2026 Andrew Slipka 7105 Corintia St. Carlsbad, CA 92009-2004 SUBJECT: Dear Mr. Slipka, CUP 2025-0004 (DEV2025-0040) -2045 CORTE DEL NOGAL PICKLEBALL -Request for approval of a Minor Conditional Use Permit (CUP 2025-0004) to allow an indoor and outdoor pickleball facility within an existing 35,407 square foot industrial warehouse building. The existing industrial building contains 30,240 square feet of warehouse and approximately 5,630 square feet of office, approved under Planned Industrial Permit PIP 85-04. The 30,240 square foot warehouse will be converted into 13 indoor pickleball courts and two outdoor pickleball courts will be constructed within a portion of the existing parking lot fronting Corte Del Abeta for a total of 15 pickleball courts. 630 square feet of the ground floor office will remain as staff and office space while the remaining approximately 5,000 square feet of the first and second-story office will be converted to storage. The existing parking lot will be reconfigured to accommodate the two outdoor courts. A total of 55 existing parking spaces will remain, and 25 new spaces are proposed, resulting in 80 total spaces. New accessible restrooms will be created within the existing building. The 2.6-acre project site is located at 2045 Corte Del Nogal and is comprised of Assessor Parcel Number (APN) 213-061-09-00. The site is subject to the Pl, Planned Industrial General Plan Land Use Designation and is Zoned Planned Industrial (P-M). Site access will continue to be provided by Corte Del Abeto and Corte Del Noga I. The City Planner has completed a review of your application for a Minor Conditional Use Permit CUP 2025- 0004. 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 December 15, 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 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 Planned Industrial (P-M) zone, which implements the Planned Industrial (Pl) General Plan land use designation allows for athletic 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 surrounding neighborhoods and guests of the nearby hotels will have additional exercise and entertainment opportunities within close walking distance. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 CUP 2025-0004 (DEV2025-0040) -2045 CORTE DEL NOGAL PICKLEBALL February 25, 2026 Pa e 2 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 pickleball facility provides a support use in close proximity and walking distance of the surrounding planned industrial development and nearby hotels. The proposal consists of an innocuous athletic facility use that will not produce any nuisance or other negative impacts affecting person in the vicinity. The noise assessment completed for the project (Pickleball Republic Pickleball Facility Operational Noise Assessment, Ldn Consulting, Inc., Jeremy Louden, November 3, 2025) concluded that the operational noise levels anticipated for the project at the property line will not exceed 65 Ldn, as required per the performance standards established in Carlsbad Municipal Code (CMC) Section 21.34.090. The project is also not anticipated to increase noise levels within the interior of the existing buildings to the north, south and west above performance standards due to site topography, building locations and building code standards. Additionally, the majority of the proposed pickle ball courts will be located indoors, with only two courts proposed outdoors on a previously developed site. 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 facility will offer 13 indoor courts within a portion of an existing 35,407 square foot industrial warehouse building and two outdoor courts within a portion of the existing parking lot fronting Corte Del Abete. Minor interior tenant improvements within the existing building include converting the existing 30,240 square warehouse into 13 pickleball courts, maintaining 630 square feet of the ground floor office as staff and office space and converting 5,000 square feet of the first and second-story office into storage. 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 pickleball facility, and therefore, has approved an alternative parking ratio of 4.5 spaces per court based on approvals for other pickleball recreation uses in the city which required the same parking ratio (Stagecoach Community Park and Calavera Hills Community Park). The proposed use which requires 76 spaces (4.5 spaces per court x 15 courts = 68 spaces for pickle ball courts; 630 square feet+ 250 = 3 spaces for office; 5,000 square feet+ 1,000 = 5 spaces for storage) can easily be accommodated onsite where a total of 80 spaces are proposed. The proposed project does not include an addition or exterior modifications to the existing building and the two proposed outdoors pickleball courts with associated fencing will meet setback and height requirements. Therefore, the existing building and proposed exterior improvements complies with the required development standards of the Planned Industrial (P-M) zone and the 2.6-acre project site is adequate in size and shape to accommodate the proposed use as shown on Exhibits "A" -"D" dated February 25, 2026. 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 pickleball facility is provided access from Corte Del Abete and Corte Del Nogal, Industrial Street segments, which are currently operating at an acceptable level of service. The 167 additional average daily trips associated with the proposed use can be accommodated by the existing street system with no further improvements required. Pursuant to the General Plan Mobility Element, the Industrial Street typology requires the analysis of transit stops. Two transit stops for Bus Route 445 within a ¼ mile walking distance from the project site Community Deve lopment Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 CUP 2025.-0004 (DEV2025-0040) -2045 CORTE DEL NOGAL PICKLEBALL February 25, 2026 Pa e 3 were analyzed, which included Camino Vida Roble at Las Palmas Drive (eastbound travel) and Camino Vida Roble at Corte Del Abeto (westbound travel). The existing transit Multi-Modal Level of Service (MM LOS) for the two bus stops analyzed is E. Based on the unacceptable transit MM LOS E, improvements are required to improve the MMLOS to D. The project has been conditioned to design all proposed public improvements for the bus stops on north/westbound and south/eastbound Camino Vida Roble including but not limited to ADA compliant concrete pad and bench. 5. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan- Palomar Airport (ALUCP), dated December 1, 2011, 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 project complies with the ALUCP airspace protection surfaces because the existing building, permitted under PIP 85-04, was constructed prior to the adoption of the ALUCP. No changes in height or square footage are proposed to the existing building, nor are any new buildings proposed. Fencing up to 6 feet in height is proposed around the outdoor pickleball courts. This fencing will not result in physical obstructions to the navigable airspace and will not otherwise cause hazards to aircraft in flight within the airport vicinity. c. The project site 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. Community Development Department Planning Division I 1635 Faraday Avenu e I Carlsbad, CA 92008-7314 I 442-339-2600 CUP 2025-0004 (DEV2025-0040)-2045 CORTE DEL NOGAL PICKLEBALL February 25, 2026 Pa e 4 Conditions: 1. Approval is granted for CUP 2025-0004 as shown on Exhibits "A" -"D" dated February 25, 2026 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 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 2025-0004 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. 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 Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 CUP 2025-0004 (DEV2025-0040) -2045 CORTE DEL NOGAL PICKLEBALL February 25, 2026 Pa e 5 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. 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 pickleball facility will operate Monday through Sunday 8:00 AM to 9:00 PM. Any proposed changes to the hours of operation must be reviewed and approved by the City Planner. 13. All parking lot gates will be removed or will remain open 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. 15. At no time shall parking associated with the approved use spill over into the public right-of-way. Should the city observe or receive evidence of reoccurring parking overflow onto surrounding roadways, the operator will be required to implement operational changes to address the issue, at their sole expense, to the satisfaction of the City Planner. The city reserves the right to suspend or revoke this conditional use permit through appropriate hearings and as allowed under Government Code, should these issues persist or remain unresolved to the City Planner's satisfaction. 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 1. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 2. 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 Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 CUP 2025-0004 (DEV2025-0040) -2045 CORTE DEL NOGAL PICKLEBALL February 25, 2026 Pa e 6 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 3. 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. 4. Developer shall complete and submit to the Building Department a Determination of Project's Storm Water Pollution Prevention Plan (SWPPP) Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level SWPPP to the satisfaction of the Building Official. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. Improvements 5. Developer shall install a solid roof over the existing trash enclosure to city standards to the satisfaction of the Building Official. 6. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right- of-way permit to the satisfaction of the City Engineer. 7 .. Developer shall design all proposed public improvements for the bus stops on north/westbound and south/eastbound Camino Vida Roble including but not limited to ADA compliant concrete pad and bench. These improvements shall be shown on the following, subject to City Engineer approval: A. Construction Revision to an existing record public improvement drawing Additional public improvements required in other conditions of this resolution are hereby included in the above list by reference. Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city's current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. 8. Developer is responsible to ensure utility transformers or raised water backflow preventers that serve this development are located outside the right-of-way as shown on the site plan and to the satisfaction of the City Engineer. These facilities shall be constructed within the property. Utilities 9. Developer shall cause owner to dedicate to the Carlsbad Municipal Water District a 20-foot-wide easement for water purposes from Corte Del Nagel to and including the fire hydrant and water meter. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad , CA 92008-7314 I 442-339-2600 CUP 2025-0004 (DEV2025-0040) -2045 CORTE DEL NOGAL PICKLEBALL February 25, 2026 Pa e 7 The offer shall be made by a separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Additional easements may be required at final design to the satisfaction of the City Engineer. 10. Developer shall design all proposed improvements including but not limited to the replacement of the existing fire service backflow device p~r Carlsbad Municipal Water District Standard Drawing W- 8 and W-9 as shown on the site plan. These improvements shall be shown on the following, subject to City Engineer approval: A. Construction Revision to an existing record public improvement drawing Additional public improvements required in other conditions of this resolution are hereby included in the above list by reference. Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city's current fee schedule . Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. 11. Developer shall pay utility meter installation fees in accordance with the City's Master Fee Schedule for the bypass (detector) meter on the fire backflow prevention device per City of Carlsbad Engineering Standard Drawing W-9. CMWD will install the meter upon the filing by Developer and approval of a water meter permit application. 12. Developer shall meet with the fire marshal to determine the fire protection requirements (fire flows, fire hydrant locations, building sprinklers, etc.) required for the project. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 13. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 ofthe City of Carlsbad Municipal Code to the satisfaction of the City Engineer. 14. Developer shall pay traffic impact and sewer impact fees based on Chapter 18.42 and Chapter 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. Fire: 1. Change of use from Storage Occupancy (warehouse use) to Assembly will require a Building Permit for change of occupancy. Interior fire and life safety requirements (i.e., alarm, fire sprinkler, ventilation, egress capacity, etc.) will be reviewed as part of that permit application. 2. Gate(s) across the fire access lane shall be removed or equipped with a Knox lock acceptable to the fire department. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 CUP 2025-0004 (DEV2025-0040) -2045 CORTE DEL NOGAL PICKLEBALL February 25, 2026 Pa e 8 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 $952. 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 Assistant Director of Community Development EL:LY:cf c: Phil Teyssier, 3200 Highland Ave., B4-2, National City, CA 91950 Eric Lardy, Assistant Director of Community Development Tim Carroll, Project Engineer Laserfiche/File Copy Data Entry Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600