HomeMy WebLinkAboutCD 2023-0008; CARLSBAD OAKS NORTH, LOT 3; Admin Decision LetterJanuary 24, 2024
{'city of
Carlstiad
8FILE COPY
RAUL GUZMAN
THE TECHBILT COMPANIES
3575 KENYON STREET, SUITE 200
SAN DIEGO, CA 92110
SUBJECT: CD 2023-0008 (DEV2021-0137} -CARLSBAD OAKS NORTH, LOT 3
The City Planner has completed a review of your application for CD 2023-0008, which is a modification to
SOP 2021-0016-CARLSBAD OAKS NORTH, LOT 3 (APN: 209-120-02-00), approving the development of
three (3), 33-foot-tall light industrial buildings totaling 67,714 square feet. The subject property is located
on the west side of Whiptail Loop and is identified as Lot 3 of the Carlsbad Oaks North Business Park
Specific Plan, SP 211(C), in the Planned Industrial (P-M) Zone.
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:
• Reduction in the size of the employee eating area from 5,000 square feet to 4,656 square feet,
resulting in a 6.8 percent reduction in area. The minimum required employee eating area pursuant
to SDP 2021-0016 is 4,062 square feet;
• Changing the attached building canopies from required to optional; and
• Increasing the mezzanine floor height and the overall building height for each building as follows:
-Building A from 30'-6" to 33', resulting in an 8.2 percent increase in height;
-Building B from 30'-6" to 33', resulting in an 8.2 percent increase in height; and
-Building C from 31' to 33'-1", resulting in a 6.7 percent increase in height.
The maximum allowable height pursuant to the development standards of the Planned Industrial
(P-M) Zone (Chapter 21.34 of the Carlsbad Municipal Code) and the Carlsbad Oaks North Business
Park Specific Plan SP 211(C) is 35 feet.
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 exterior modifications
utilize the same architectural elements, and do not significantly change the project's design,
quality, safety or function. Additionally, by allowing the building canopies to be an optional
feature, there will be more flexibility and room to provide free-standing canopies over the
outdoor employee eating areas that would have otherwise caused conflicts.
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 proposed changes will
maintain the project's design and will comply with all applicable development standards of the
Planned Industrial (P-M} Zone {Chapter 21.34 of the Carlsbad Municipal Code) and the Carlsbad
Community Development Department
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 j 442-339-2600 www.carlsbadca.gov
CD 2023-0008 (DEV2021-0137} -CARLSBAD OAKS NORTH, LOT 3
January 24, 2024
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Oaks North Business Park Specific Plan SP 2ll(C), including the 35-foot maximum building
height and the 4,062-square-foot minimum for the employee eating area.
3) The proposed revision does not change the density or boundary of the subject property.
4) The proposed revision does not involve the addition of a new land use not shown on the original
permit in that the proposed modifications are to land uses approved as part of SOP 2021-0016.
5) The proposed revision does not rearrange the major land uses within the development in that no
additional buildings or uses are proposed beyond what was originally approved.
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 modifications to the building heights {10% or less) and size of the
employee eating areas (6.8% reduction) are not greater than ten percent of the original
approval and comply with all development standards of the Planned Industrial (P-M} Zone
(Chapter 21.34 of the Carlsbad Municipal Code) and the Carlsbad Oaks North Business Park
Specific Plan SP 2ll(C).
7) The proposed change will not result in any significant environmental impact, and/or require
additional mitigation in that the proposed improvements do not create any inconsistencies or
new impacts relative to the environmental review process associated with the original project's
approval.
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.
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 the proposed exterior
changes are not greater than 10% of the original approval and maintain the project's overall
architectural 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.
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
CD 2023-0008 (DEV2021-0137) -CARLSBAD OAKS NORTH, LOT 3
January 24, 2024
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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 $900.00. 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, Megan
McElfish at 442-339-5153.
CITY OF CARLSBAD
ERIC LARDY, AICP
City Planner
EL:MM:ES
c: David Rick, Project Engineer
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