HomeMy WebLinkAboutPRE 2022-0005; SHELL STATION; Admin Decision LetterMarch 21, 2022
Ahmad Ghaderi
A&S Engineering
28405 Sand Canyon Rd.
Canyon Country, CA 91387
SUBJECT: PRE 2022-0005 (DEV2022-0024)-SHELL STATION
APN: 210-100-07-00
{'cityof
Carlsbad
BFILE COPV
~t,c,l~o/ -s/zi/22
Thank you for submitting a preliminary review for the demolition of a 4,000-square-foot convenient store
at an existing gas station and the construction of a 3,500 square foot convenient store located at 665
Palomar Airport Road.
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:
1. General Plan and zoning designations for the property are as follows:
a. General Plan: Visitor Commercial (VC)
b. Zoning: Commercial Tourist (C-T)
c. Coastal Zone. The site is located in the Deferred Certification Area of the Coastal Zone
d. Overlay Zone: Commercial/Visitor-Serving Overlay Zone
2. The project requires the following permits:
a. Minor Conditional Use Permit (CUP). The existing gas station and convenience store
were originally approved through the issuance of a Building Permit in 1969. At the time
of issuance, a CUP or MCUP was not required for the use. However, the demolition of
the existing convenience store and construction of a new convenience store requires the
processing of a MCUP to comply with today's standards and regulations. Pursuant to
Carlsbad Municipal Code (CMC) Section 21.208.070 and CMC Section 21.29.030,
Planning Commission approval is required.
Community Development Department
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov
PRE 2022-0005 (DEV2022-0024) -SHELL STATION
March 21, 2022
Page 2
b.
C.
d.
Coastal Development Permit (CDP). As the project site is located within the Deferred
Certification Area of the Coastal Zone, approval of a Coastal Development Permit (CDP)
is required from the California Coastal Commission (CCC). Action on the CDP cannot be
taken until the MCUP is approved by the Planning Commission. In addition, please be
advised that staff cannot approve the building permit until the CCC approves the CDP.
Coordination with CCC staff early in the process is therefore strongly encouraged.
Planning Sign Permit.
Grading and building permits.
3. Noise Analysis. Due to the site's proximity to the Interstate 5 freeway and the adjacent Palomar
Airport Road, the project site is located within existing and future noise contours ranging from
65 to 70+ Community Noise Equivalent Level (CNEL). Please submit a Noise Analysis prepared
by a qualified professional demonstrating compliance with the city's Noise Guidelines Manual
and Noise Element of the General Plan. Specifically, it shall be demonstrated how the project
design will comply with the maximum interior noise level of 55 dBA for commercial uses. Please
refer to the link below for guidance.
https://www .ca rlsbadca .gov /home/showpubl isheddocu ment/238/637 42597 4092370000
4. Plans. Please provide a fully dimensional site plan drawn to scale.
a. Show: North arrow, property lines, easements, existing and proposed structures, streets,
existing street improvements, right-of-way width, dimensional setbacks and existing
topographical lines (including all side and rear yard slopes). Provide legal description of
property and assessor's parcel number.
b. Provide floor plans, elevations and cross sections drawn to scale.
c. Provide conceptual landscape plans.
d. Provide colored elevations and/or renderings of the proposed convenient store.
e. Provide signage plans.
5. Setbacks. Pursuant to CMC section 21.208.lO0D, the building setbacks are as follows:
a. Setback from Palomar Airport Road-50'
b. Setback from public streets (Avenida Encinas)-30'. Please be advised the trash enclosure
cannot be located in this setback.
c. Side Yard and Rear Yard-to be assessed as part of the review of the Minor Conditional
Use Permit, however a minimum of 10' fully landscaped is required.
PRE 2022-0005 (DEV2022-0024) -SHELL STATION
March 21, 2022
Page 3 ·
d. All setback areas shall be exclusive of parking spaces, parking overhang, circulation aisles
and trash enclosures. Improvements in this area shall be limited to landscaping, access
driveway(s), signage, lighting fixtures, screen walls and pedestrian walkways or
sidewalks. Because this parcel is under 8 acres, the back ten feet of the required setback
may be used as circulation aisles or parking spaces provided there is adequate use of
landscaping and screen walls.
6. Building Height. Pursuant to CMC section 21.29.040, the maximum building height is 35' and
three levels. Additional height up to 45' can be permitted through a site development plan
approved by the City Council.
7. Climate Action Plan (CAP). 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 CAP 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
CMC Chapters 18.21, 18.30 and 18.51 which is available on the city's website at the following
address:
http://www.geode.us/ codes/ ca rlsbad/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.
8. Signage. All signs must be reviewed under the conditional use permit due to the Commercial-
Visitor-Serving Overlay zone. Signage must comply with the requirements of CMC Chapter 21.41
except as provided in CMC Section 21.208.100.B.
a. The maximum signage area is 0.90 square foot per the combined lineal footage of the
combined building frontages.
b. Proposed freestanding signs shall not exceed 6' in height.
c. Freestanding signs are required to provide adjacent landscaping which promotes a
common theme throughout the overlay zone. See CMC section 21.208.l00G(l) for
specific landscaping requirements for freestanding signs.
d. Colors and materials will be reviewed as part of the conditional use permit process.
Colors must complement the overall building style without dominating the building
design.
PRE 2022-0005 (DEV2022-0024) -SHELL STATION
March 21, 2022
Page 4
9. Parking, Access & Circulation.
a. Gas stations require 1 space per 300 square feet of gross floor area, plus 3 additional
employee parking spaces. This project proposed a 3,500 square foot convenience store;
therefore, 15 spaces are required. 16 spaces are shown on the site plan. Please confirm
whether the stalls located on the east side of the property will be retained. The stalls are
not currently included in the proposed parking calculation.
b. Please demonstrate that the accessible parking stall proposed in between the new
convenience store and the existing canopy and the parking stall proposed to the east of
the new trash enclosure have a minimum of 24-feet of back up area.
c. Parking spaces are required to be a minimum area of 170 square feet, width of 8.5 feet
and can have a maximum overhang of 2.5 feet, provided that the overhand does not
encroach into any required landscape setback.
d. Pursuant to section 5.106.5.2 of the California Green Building Standards Code
(CALGreen), Title 24 Part 11, new nonresidential projects and additions or alterations
that add 10 or more parking spaces are required to designate parking for any
combination of low-emitting, fuel-efficient and carpool/van pool vehicles as followed:
when the total number of parking spaces is 10-25, 1 space must be dedicated for clean
air vehicles.
e. Pursuant to section 5.106.5.3 of CALGreen, when nonresidential projects provide 10-25
spaces, 1 space is required to be designated as an electric vehicle (EV) charging space.
EV charging spaces must be designed in accordance with the California Green Building
Standards Code and the California Electrical Code.
f. Chapter 5 of CALGreen has some new requirements that went into effect January 1, 2020
and are mandatory for non-residential development, including tree canopy landscaping
requirements (5.106.12) for commercial projects and portions of mixed-use projects.
Shade trees shall be planted to comply with Sections 5.106.12.1, 5.106.12.2, and
5.106.12.3. Percentages shown shall be measured at noon on the summer solstice.
Landscape irrigation necessary to establish and maintain tree health shall comply with
Section 5.304.6. 5.106.12.1 Surface parking areas. Shade tree plantings, minimum #10
container size or equal, shall be installed to provide shade over 50% of the parking area
within 15 years. Exceptions: The surface parking area covered by solar photovoltaic
shade structures, or shade structures with roofing materials that comply with Table
AS.106.11.2.2 in Appendix AS, are not included in the total area calculation. Please
provide a site and conceptual landscaping plan that can achieve CALGreen compliance.
g. Please provide a circulation plan for fueling trucks.
10. Commercial/Visitor-Serving Overlay Zone. The intent and purpose of the Commercial/Visitor-
Serving Overlay Zone is to supplement the underlying zoning by providing additional regulations
for commercial/visitor-serving uses which require a conditional use permit in the underlying
zone. Pursuant to CMC section 21.208.100, the project must comply with the following:
PRE 2022-0005 (DEV2022-0024) -SHELL STATION
March 21, 2022
Page 5
a. Structures shall be architecturally designed to be compatible with surrounding
neighborhood uses. The use of illuminated awnings is not allowed. Metal awnings or
canopies are not allowed. High quality simulated building materials such as imitation
brick, stone, marble or wood may be approved. The primary colors of blue, red, yellow
and green shall not be dominate building colors. The use of colors shall be balanced and
in the context of the proposed architectural style. Please revise the sample exterior
material plan to replace the proposed metal awning to a different material.
b. Two primary styles are allowed in the overlay zone, village architectural style and
Spanish/Mediterranean architectural style. An alternative architectural style may be
proposed as part of the conditional use permit application if it is specifically supported
by Community Development. Alternative architectural style may accommodate a
reasonable version of a user's corporate architectural style, provided the corporate
architectural elements do not dominate the building design so as to create
incompatibility in the area; or detract from the overlay zone's objective of ensuring high
quality appearances for commercial/visitor-serving uses. Staff has reviewed the
provided alternative architectural style and found that it is compatible with the
surrounding area and does not detract from the overlays zone's objective to ensure high
quality appearance. ·
c. All proposed rooftop equipment, mechanical enclosures and any Uniform Building Code
requirements relating to rooftop access, ladders or other rooftop structural features
shall be shown on the building elevations. All rooftop equipment shall be screened from
the public streets. Please include cross sections with the project submittal
demonstrating compliance.
11. Landscaping. A conceptual landscape plan is required as part of the Minor Conditional Use Permit
review. Pursuant to CMC section 21.42.140(65)A landscaping shall consist of the following:
12.
a. Perimeter planter areas of a minimum of six feet in width and planter areas adjacent to
the structure;
b. Six-inch concrete curb bounding all planter areas;
c. Landscaping including a combination of flowers, shrubs and trees;
d. A sprinkler system providing total and effective coverage to all landscaped areas;
e. A statement delineating a maintenance schedule and responsibility for maintenance of
landscaped areas.
Other Requirements, Conditional Use Permits. Pursuant to CMC section 21.42.120(65)6:
a. All exterior lighting shall be shielded or oriented in such way as to not cr~ate glare on
adjacent properties.
b. Display and storage shall be contained within the main structure.
PRE 2022-0005 (DEV2022-0024) -SHELL STATION
March 21, 2022
Page 6
c. Trash container shall be contained within a 6' high enclosure ..
d. Signage shall be in conformance with the city's sign ordinance and the
Commercial/Visitor-Serving Overlay Zone.
e. Full public improvements shall be provided as may be required for public convenience
and necessity.
13. Title Report. Please provide a title report for the project site. The title report must be dated
within the last 6 months.
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 on line at
www.carlsbadca.gov. You may also access the General Plan Land Use Element and the Zoning Ordinance
online at the website address shown; select Department Listing; select Planning Home Page. Please
review all information carefully before submitting.
Land Development Engineering comments:
Land Development Engineering Division staff has completed a preliminary review of the above-
referenced project. Prior to formal application submittal the following items must be adequately
resolved/addressed:
1. Complete a Stormwater Standards Questionnaire. This questionnaire will guide you and the City
in determining what type of reports and storm water mitigation must be completed to satisfy
state and City storm water quality requirements. The questionnaire can be printed from the
following website link:
https://www.carlsbadca.gov/home/showpublisheddocument/604/637659282326670000
2. A grading plan will be required.
3. A preliminary hydrology study will be required to determine the pre-development and post-
development discharge flows. Provide preliminary recommendations to mitigate any increase in
flows.
4. Provide a typical street cross section of Palomar Airport Road and Avenida Encinas showing
existing improvements.
5. On the site plan, show and identify all existing surface improvements (curb, gutter, sidewalk,
paving, manholes, inlets, streetlights, adjacent driveways, vaults, transformers, etc.) at the
project frontage and within 25 feet.
6. Provide multiple cross-sections of the site to demonstrate differences in grade, including
adjacent properties.
7. Indicate the volume of grading (cut, fill, import, export, remedial) proposed for the project in
cubic yards.
PRE 2022-0005 (DEV2022-0024) -SHELL STATION
March 21, 2022
Page 7
8. Use NGVD 29 datum for vertical control for all design elevations per city Engineering Standard
Volume 1, Chapter 2.
9. Show proposed finished floor elevations for the new structure.
10. Show existing and proposed water services and sewer laterals.
11. Show truck turning movements.
12. Show existing ADT and proposed ADT.
13. If driveways and pedestrian ramps are not ADA compliant, they shall be replaced.
14. Please be advised that in order to make a more in-depth review of the proposed development,
a more complete design of the project is required.
Fire:
1. The proposed convenience store is less than 5000 square feet. Therefore, fire sprinklers are not
required pursuant to the local ordinance.
2. The project should be coordinated with the hydrogen fueling project at the same location.
Building:
The following comment can be addressed during Building Division plan review of the building permit.
1. If a new canopy is proposed, it shall meet the requirements of 2019 CBC section 406.2 and 406.7
as well as the Fire Code.
If you would like to schedule a meeting to discuss this letter with the commenting departments, please
contact Lauren Yzaguirre at the number below. You may also contact each department individually as
follows:
• Planning Division: Lauren Yzaguirre, Associate Planner, at (442) 339-2634
• Land Development Engineering: Jennifer Horodyski, Project Engineer, at (442) 339-2747
• Building Division: Jason Pasuit, Building Official, at (442) 339-2788
• Fire Department: Randy Metz, Fire Marshal, at (442) 339-2661
[/l
DON NEU, AICP
City Planner
DN:LY:cf
c: Allison McLaughlin, Project Engineer
Randy Metz, Fire Prevention
File Copy/Data Entry