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Home My WebLink AboutCD 2022-0028; BLOOM ENERGY - VIASAT (SOUTHWEST INSTALL); Admin Decision LetterDecember 6, 2022 Bloom Energy Jennifer Horta 4353 N. 1st St. San Jose, CA 94134 8FILE COPY ("city of Carlsbad SUBJECT: BLOOM ENERGY-VIASAT (SOUTHWEST INSTALL}-CD 2022-0028 (DEV 2022-0055} The City Planner has completed a review of your application for a consistency determination to allow the installation of a Bloom Energy fuel cell server, located within the parking lot of the west campus of ViaSat (APN: 213-100-23-00), including a new CMU walled enclosure for screening, which is a modification to SUP 98-03/PIP 98-07, which approved the development of a 50.23-acre site know as Lincoln North Pointe. The proposed modifications include: • Installation of a Bloom Energy fuel cell server located within the parking lot of the west campus of ViaSat near the southwest corner of the westernmost building. • New CMU-wall enclosure, with color and texture to match the existing buildings, for screening of fuel cell server approximately 8.5 feet tall, 56 feet, 6 inches in width and 22 feet, 6 inches, in depth. • Modifications to the landscaping located in the parking lot, retaining the same number of trees within the parking lot area. • Minor modifications to the west office building to facilitate the connection point to the fuel cells. • Removal of seven (7) parking stalls and the conversion of six (6) standard parking stalls into compact parking stalls. In order for a Discretionary Permit Consistency Determination to be approved, all of the following findings must be made: 1) No project condition, feature, facility or amenity is changed or deleted that had been considered essential to the project's design, quality, safety or function in that the light Industrial building will continue to be used as such and is substantially consistent with PIP 98-07. The elimination of seven (7) parking spaces will reduce the number of spaces allocated to building three (3) of the west campus to 234 spaces, which exceeds the 221 required spaces for building three (3) {46,973 sq. ft. office I 250 sq. ft. = 188 spaces and 13,027 sq. ft. warehouse I 400 sq. ft. = 33 spaces). No changes to the exterior finishes and details of the buildings are proposed. 2} The request represents an upgrade in overall design features and or materials and improves upon the project's compatibility with the surrounding neighborhood'in that no changes are proposed to the exterior finishes and details of the building and adequate parking is provided. In addition, the new fuel cells are located to the rear of the campus. The fuel cells will be screened by a new Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov BLOOM ENERGY -VIASAT (SOUTHWEST INSTALL)-CD 2022-0028 (DEV 2022-0055) December 6, 2022 Pa e 2 CMU-wall enclosure having the same color and texture.of the existing structures, which is also screened from the public right-of-way by mature landscaping located along El Camino Real . . ' 3) The proposed revision does not change the density or boundary of the subject property in that no residential units are proposed, and the boundaries of the lot will stay the same. 4) The proposed revision does not involve the addition of a new land use not shown on the original permit in that the fuel cell installation facilitates the existing approved use and is not considered a new land use. 5} The proposed revision does not rearrange the major land uses within the development in that no changes to uses within the existing structures are proposed. 6) The proposed revision does not create changes of greater than ten percent provided that compliance will be maintained with the applicable development standards of the Carlsbad Municipal Code in that no additional square footage is proposed; the loss of seven (7) vehicle parking spaces and the conversion of six (6) standard spaces into compact spaces effects approximately 6% of all spaced provide for building three (3) of the west campus of ViaSat and the remaining number of parking stalls (234) is adequate to support the established use within the building; and the addition of the fuel cells and 8.5-/oot CMU enclosure is less than the maximum 35-foot height limit. 7) The proposed change will not result in any significant environmental impact, and/or require additional mitigation in that the fuel cell installation is proposed on an area of the site that is already developed as a parking lot and the installation is consistent with the McClellan Palomar Airport Land Use Consistency Plan. 8) The proposed change would not result in any health, safety or welfare impacts. 9) There were not any major issues or controversies associated with the original project which would be exacerbated with the proposed change in that no issues with the original project were identified. 10) The proposed change would not be readily discernable to the decision makers as being substantially different from the project as originally approved in that no changes are proposed to the exterior finishes and details of the existing buildings and the new CMU walls will have the same color and texture of the existing structures. Therefore, the City Planner has determined that the application QUALIFIES for a consistency determination with the approved permit and APPROVES the changes to the project based on Planning Division Administrative Policy No. 35. Please submit two (2) blueline copies (24" X 36") of all applicable exhibits for the project file of the amended site plan. The copies must be submitted, stamped "Consistency Determination," and signed by the City Planner prior to issuance of any grading or building permits for the project. The Consistency Determination Title Block stamp, and other Title Block stamps, can be downloaded from the City's website· at https://www.carlsbadca.gov/departments/community-development/permits-applications- forms/planning-applications-forms~ The Title Block (stamp) is located at the bottom of the page. BLOOM ENERGY -VIASAT (SOUTHWEST INSTALL) -CD 2022-0028 (DEV 2022-0055) December 6, 2022 Pa e 3 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 ~he 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 leg,il attion 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 $847. 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 free to contact your project planner, Kyle Van Leeuwen at (442) 339-2611 or by email at kyle.vanleeuwen@carlsbadca.gov. CITY OF CARLSBAD ERIC LARDY, AICP City Planner EL:KVL:JC c: Levine Investments LP, 2801 E. Camelback Rd., #450, Phoenix, AZ 85018 Jennifer Horta, 17734 Gerritt Ave., Cerritos CA 90703 · David Rick, Project Engineer Laserfiche/File Copy Data Entry