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HomeMy WebLinkAboutPRE 2026-0019; PICKLEBALL CUP; Admin Decision LetterMay 6, 2026 Nicholas Dawson 6131 Innovation Way Suite 100 Carlsbad, CA 92009 SUBJECT: PRE2026-0019 (DEV2024-0100) -PICKLEBALL CUP APN: 213-261-25-00 {ci ty of Carlsbad VIA EMAIL AND MAIL Thank you for submitting a preliminary review application for a restaurant proposed at an existing indoor pickleball facility at project proposed at 6131 Innovation Way Suite 100, assessor parcel number (APN) 213-261-25-00. The project site, an approximately 3.98-acre lot, is currently developed with a 56,915 square foot building divided into two suites. Suite 100 is occupied by a 32,441 square foot pickleball facility consisting of 11 pickleball courts within a 26,559 square foot area, 500 square feet of office, 2,893 square feet of lobby/entrance and a 2,489 square foot mezzanine utilized as a patron lounge. The pickleball facility was approved by the City Planner on May 6, 2025 under Minor Conditional Use Permit CUP 2024- 0008. The project proposes to convert a portion of the ground floor lobby/entrance area into a 921- square-foot restaurant which will include a 521 square foot dining area, a 144 square foot bar and a 265 square foot cafe service counter. The project proposed to sell beer and wine only when in conjunction with food service. 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: Planned Industrial (Pl) b. Zoning: Planned Community (P-C) Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE2026-0019 (DEV2024-0100) -PICKLEBALL CUP May 6, 2026 Pa e 2 c. Master Plan: 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) zoning designation for development regulations. 2. The project requires the following permits: a. Conditional Use Permit Amendment -An amendment to Conditional Use Permit CUP 2024- 0008 is required to permit the proposed restaurant use. The City Planner will be the decision- making authority on the Conditional Use Permit Amendment pursuant to Carlsbad Municipal Code Sections 21.34.020 and 21.54.125. 3. 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. 4. Plans. a. Provide a larger floor plan to show area of proposed restaurant in relation to the rest of the pickleball facility. b. Clearly delineate different uses and their square footages on the plans (i.e. pickleball court area, office, patron lounge, restaurant, etc.) to show all square footages are accounted for in parking calculations. 5. Restaurants must meet the definition of a "Bona Fide Public Eating Establishment" to be conditionally permitted within the P-M zone . Pursuant to CMC section 21.04.056, "Bona fide public eating establishment" means any establishment at which the primary business is the preparation, service and retail sale of meals comprising a varied selection of foods and nonalcoholic beverages prepared, served and consumed on the premises. To be classified as a bona fide public eating establishment, an establishment which engages in the sale of beer, wine or distilled spirits for consumption on the premises shall meet the following requirements: Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE2026-0019 (DEV2024-0100) -PICKLEBALL CUP May 6, 2026 Pa e 3 a. Be designed and operated in such a way that the sale of alcoholic beverages is incidental to the primary restaurant operation. i. The project appears to comply with this requirement, however, please demonstrate compliance with b through g below. b. On any day the restaurant is open to the public for business and engaged in the incidental sale of alcoholic beverages, restaurant services shall be available to the public for the evening meal for a period of not less than five hours, or for not less than four hours, if the morning or noon meal is also served to the public for a period of not less than two hours. i. Please provide proposed business hours for the kitchen for the sale of alcoholic beverages. c. Restaurant service shall include, but not be limited to, an offering of a varied menu of foods or not less than five main courses with appropriate nonalcoholic beverages, desserts, salads and other attendant dishes. i. Provide a menu that complies with this requirement. d. The sale of any food prepared for consumption off the premises shall be occasional only and clearly incidental and subordinate to the on-premises restaurant operation. i. Clarify if any of the food offered will be prepared off premise. This includes pre- packaged meals and meals assembled off-site and cooked or re-heated on-site. e. No more than 25% of the interior area of the restaurant shall be designed, arranged or devoted to a use commonly associated with a bar or other establishment primarily engaged in the on-premises sale of alcoholic beverages. The interior area shall include only those portions of the establishment devoted to regular use by the public. i. The bar area (144 square feet) is 27% of the dining area (521 square feet), however, it is unclear if the square footages provided includes all areas devoted to regular use by the public (i.e. dining area, bar countertop, food order/pick-up area). The square footage of the area designed/arranged/devoted to a bar should include the entire bar area with countertop. The interior area devoted to regular public use should include the bar counter, dining area and food order/pick-up area). Please provide square footages, clearly delineate areas on floor plans, and provide a calculation to show compliance. f. A minimum of 20% of the gross floor area of the establishment shall be used solely for food storage, preparation, maintenance and storage of eating utensils, dishes and glassware and shall include refrigeration, cooking, warming and dishwashing equipment, and any other equipment necessary for a fully equipped restaurant kitchen. i. The project appears to comply by providing 27% of the gross floor area (256 square foot "cafe" area/921 restaurant gross floor area), however please clearly delineate this area on the floor plans and provide calculation to show compliance. If the food order/pick-up counter is included in this area clarify if this area will be used for storage/cooking appliances. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE2026-0019 (DEV2024-0100} -PICKLEBALL CUP May 6, 2026 Page 4 g. During the above specified minimum hours for restaurant services, there shall be not less than one employee per 250 square feet of floor area devoted to food service use. Said employee or employees shall be on the job during the specified minimum hours for the restaurant service as described in subsection (b). i. Provide a square footage for the food service area, which should include the dining area, the front of bar and the food order/pick up area. Based on the square footage, provide a calculation on the plans for required number of employees and indicate working hours. To ensure alcohol sales remain incidental to the restaurant's primary use, and to ensure the project will comply with the requirements above the conditional use permit, if approved, will include conditions requiring the following: • All alcohol purchases must be accompanied by the purchase of at least one food item. • Sale of alcoholic beverages will be limited to beer and wine only. • Alcohol sales must cease when pickleball courts close (i.e . 9pm Monday-Thursday, 10pm Friday-Saturday, 6pm Sunday) • All alcohol consumption must occur indoors. • Food service must be available for at least two meals, a minimum of 6 hours daily and until pickleball courts close daily. 6. Parking. a. Parking for the pickleball facility was approved under the Conditional Use Permit as follows: i. Pickleball Courts -1 space per 3 spectator seats (40 spaces) ii. Ground Floor Office -1 space per 250 square feet of GSF (2 spaces) iii. Ground Floor Lobby/Employees -1 space per 300 square feet of GSF + 2 additional spaces for employees b. Restaurant parking shall be provided at a rate of 1 space per 100 square feet of gross floor area for restaurants less than 4,000 square feet. c. Please provide an updated parking table on the plans to show how the project will comply with parking requirements for all uses. 7. A license from Alcoholic Beverage Control (ABC) will be required prior to the sale of alcohol on the premises. 8. McClellan-Palomar Airport Land Use Compatibility Plan. The project site is located within the McClellan-Palomar Airport Influence Area (AIA). Any physical changes to the onsite structures and/or changes of use within the AIA must be reviewed for consistency with the adopted land use compatibility plan for the airport. The existing building and pickleball use on site have previously been reviewed for compliance with the Airport Land Use Plans adopted at the time of their entitlement. Review of the proposed restaurant against the ALUCP revealed the following: a. Exhibit 111-1-Compatibility Policy Map: Noise. 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. Exhibit 111-2 -Compatibility Policy Map: Safety. The portion of the existing building, which contains the proposed use, is located entirely within Safety Zone 6. The ALUCP identifies Community Development Department Planning Division [ 1635 Faraday Avenue [ Carlsbad, CA 92008-7314 [ 442-339-2600 PRE2026-0019 (DEV2024-0100) -PICKLEBALL CUP May 6, 2026 Page 5 small, mid-sized and large eating/drinking establishments as compatible with airport uses when located within Safety Zone 6. c. Exhibit 111-3 -Compatibility Policy Map: Part 77 Airspace Protection. Pursuant to Exhibit 111-3, the project is located within the boundaries of the FAA notification area for the airport. Pursuant to Part 77 of the FAA regulations, the FAA shall be notified of any proposed construction or alteration having a height greater than an imaginary surface extending 100 feet outward and 1 foot upward (slope of 100:1) from the runway elevation. 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. The proposed change in use will not require FAA notification as the project does not propose physical changes to the building height or square footage. d. Exhibit 111-4 -Compatibility Policy Map: Overflight. The project site is located within the Overflight Notification Area. However, pursuant to the ALUCP Policy 3.6. -Overflight Compatibility Policies for McClellan-Palomar Airport, Section 3.6.3(c), page 3-57, recordation of an overflight notification document is not required for nonresidential development. Being this is a non-residential use, the overflight notification is not applicable. e. Exhibit 111-5 -Compatibility Policy Map: Airport Influence Area. The project site is located within Review Area #1 of the Airport Influence Area. Review Area #1 consists of locations where noise and/or safety concerns may necessitate limitations on the types of land use actions. Please see discussions above in subsection a) and b). f. Exhibit 111-6 -Compatibility Policy Map: Avigation Easement Area and Overflight Notification Areas. The project site is located within the airport overflight notification area. However, as stated above, recordation of an overflight notification document is not required for nonresidential development. Being this is a non-residential use, the overflight notification is not applicable. 9. A CEQA determination will not be made until after a formal application is deemed complete. However, depending on the CEQA document, the project may need to demonstrate that it will not result in significant impacts to transportation in the form of a Vehicle Miles Traveled (VMT) screening checklist or VMT Analysis. Please see the city's VMT Analysis Guidelines online at https://www .ca rlsbadca .gov /home/showpubl isheddocume nt/312/638816039777170000. 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: 1. Discretionary application shall include an updated Local Mobility Analysis to ensure consistency of the previously approved LMA. Please coordinate with nick.gorman@carlsbadca.gov prior to submittal. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE2026-0019 (DEV2024-0100)-PICKLEBALL CUP May 6, 2026 Page 6 2. Developer shall pay applicable impact fees based on Chapter 18.42 and Chapter 13.10 of the City of Carlsbad Municipal Code, respectively. Fire & Life Safety: 1. A Tenant Improvement will be required for the proposed modifications. 2. The Fire Department has no issues with the CUP. Occupancy classification and occupant load determination will be handled with the building permit for the tenant improvement, at the discretion of the Building Official. Public Works -Utilities: 1. Verify kitchen cooking facility usage. Commercial sewer lateral grease trap may be required. Building: 1. Please be aware . This project requires a separate permit from Building & Safety for a Tenant Improvement. For more information on this permit process and plan submittal requirements please refer to the Tenant Improvements 8-6 form. 2. The occupancy group of the building is classified as A-3, M & B. Address the following: a. Revise the coversheet to include A-2 occupancy for the 921 SF. Bar/Cafe per CBC 303.3. b. Qualify the assembly area per the following: i. Accessory occupancy per CBC 508.2. ii. Nonseparated occupancy per CBC 508.3. iii. Separated occupancy per CBC 508.4. iv) Or a combination of the above sections. c. Provide an allowable area calculation as modified by CBC 506.1 and the above code sections to verify code compliance. 3. Provide a means of egress plan showing, in sufficient detail, the location, construction, size and character of all portions of the means of egress, including the path of exit discharge to the public way. CBC 107.2.3. 4. Note on plans that a separate approval will be required from the health department. 5. Note on plans that a grease interceptor will be required per CPC 1014. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE2026-0019 (DEV2024-0100)-PICKLEBALL CUP May 6, 2026 Pa e 7 If you would like to schedule a meeting to discuss this letter with the commenting departments, please contact Lauren Yzaguirre at lauren.yzaguirre@carlsbadca .gov or the number below. You may also contact each department individually as follows: • Planning: Lauren Yzaguirre, Senior Planner, at (442) 339-2634 • Land Development Engineering: Linda Ontiveros, Project Engineer, at (442) 339-2773 • Fire & Life Safety: Darcy Davidson, Fire Marshal at (442) 339-2662 • Building: Jesse Sanchez, Building Official at (442) 339-2091 • Public Works -Utilities: Zac Taylor, Associate Engineer, at (442) 339-2329 Sincerely, ~~ '>-, ERIC LARDY, AICP Assistant Director of Community Development EL:LY:CF c: Rexford Industrial Realty, LP, 11620 Wilshire Blvd, 10th Floor, Los Angeles, CA. 90025 Linda Ontiveros, Project Engineer Fire & Life Safety Laserfiche/File Copy Data Entry Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600