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HomeMy WebLinkAboutCD 2023-0007; RACEWAY INDUSTRIAL; Admin Decision Letter□ May 20, 2024 Austin Schiele ~;{µf_ FILE V- Diamond Z Engineering, Inc. 5670 State Road Cleveland OH, 44134 SUBJECT: CD 2023-0007 {DEV2020-0267)-RACEWAY INDUSTRIAL Dear Mr. Schiele, (cityof Carlsbad The City Planner has completed a review of your application for Consistency Determination, CD 2023- 0007, which is a modification to Site Development Plan, SDP 2021-0003, Hillside Development Permit, HDP 2021-0001, and Minor Subdivision, MS 2021-0003, which originally allowed for the development and construction of an industrial shell building totaling 251,687-square-feet including a 4,000-square-foot mezzanine on a 19.34-acre site located on the south side of Lionshead Avenue between Melrose Drive and Eagle Drive within the Carlsbad Raceway Specific Plan (SP 2018-0001), in the Planned Industrial (P-M) Zone, and Local Facilities Management Zone 18. After careful consideration of the request, the City Planner has determined that the request meets all of the findings below and APPROVES this request. The proposed modifications include: • An aboveground fuel storage tank for delivery fleet refueling in the rear of the building. 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 proposed aboveground fuel storage tank and associated site improvements are essential to the site operations, does not require the removal of any parking spaces, and complies with the original approval of Site Development Plan, SDP 2021-0003, Hillside Development Permit, HDP 2021-0001, and Minor Subdivision, MS 2021-0003. 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 the fuel storage tank will be screened by landscaping that complements the existing building design and surrounding area. 3) The proposed revision does not change the density or boundary of the subject property. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 CD 2023-0007 (DEV2021-0183)-RACEWAY INDUSTRIAL May 20, 2024 Pa e 2 4) The proposed revision does not involve the addition of a new land use not shown on the original permit in that the addition of an aboveground fuel storage tank for fleet refueling is consistent with the allowed use of the site and does not require any modifications to the land use. 5) The proposed revision does not rearrange the major land uses within the development in that no additional uses are proposed, and the project remains consistent with the original industrial building and anticipated warehousing approved under Site Development Plan, SOP 2021-0003, Hillside Development Permit, HOP 2021-0001, and Minor Subdivision, MS 2021-0003. 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 the minor site changes to accommodate the equipment remains consistent with development standards. 7) The proposed change will not result in any significant environmental impact, and/or require additional mitigation in that the aboveground fuel storage tank and associated site improvements are negligible changes to the approved project. The proposed revision will not result in any additional impacts to noise, air quality, average daily traffic, or water quality and the site can be adequately served by all utilities and public service. BJ The proposed change would not result in any health, safety, or welfare impacts in that the Fire Department has reviewed the plans and the location of the aboveground fuel storage tank will not negatively impact access to the site. 9) There were not any major issues or controversies associated with the original project which would be exacerbated with the proposed change. 10) The proposed change would not be readily discernable to the decision makers as being substantially different from the project as originally approved as the proposed addition of the aboveground fuel storage tank maintains the overall design, quality, and function of the project with no changes to the approved building design. 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. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 -.. • "CD 2023-0007 (DEV2021-0183) -RACEWAY INDUSTRIAL May 20, 2024 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 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 $900. 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, Edward Valenzuela at 442-339-2624. CITY OF CARLSBAD ERIC LARDY, AICP City Planner EL:EV:cf c: Daniel Leigh, UPS, 1380 Shore Street, West Sacramento, CA 95691 W-H Carlsbad Owner IX, LP, 600 W. Broadway, Suite 1150, San Diego, CA 92101 Tim Carroll, Project Engineer Laserfiche/File Copy Data Entry Community Development Department Planning Division \ 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600