HomeMy WebLinkAboutPRE 2022-0027; PALOMAR AND AVIARA OFFICE PROJECT; Admin Decision LetterJune 21, 2022
{'Cityof
Carlsbad
8FILE COPY
Stan Weiler
Howes Weiler Landy
2888 Loker Avenue East, Ste. 217
Carlsbad, CA 92010
SUBJECT: PRE 2022-0027 (DEV2022-0094) -PALOMAR AND AVIARA OFFICE PROJECT
APN: 212-040-64
Thank you for submitting a preliminary review to develop a 6.08-acre vacant parcel with a 61,500-square-
foot, 45-foot-tall medical office building located on the southeast corner of Palomar Airport Road and
Aviara Parkway.
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: Office (0) and Open Space (OS)
b. Zoning: Office (0) and Open Space (OS)
c. Zoning Overlay: Commercial Visitor-Serving Overlay Zone
d. The property is in the Mello II Segment of the Coastal Zone. The Coastal Zone land use
designation and zone are the same as the General Plan land use and zoning designations
above. In addition, as Encinas Creek is located onsite, the property is in the Appeals
Jurisdiction of the Coastal Zone.
2. The project requires the following permits:
a. Minor Site Development Plan (SDP) for the office building
b. Coastal Development Permit (CDP)
c. Habitat Management Plan Permit (HMP) if sensitive upland or riparian habitat is proposed to
be directly or indirectly impacted.
Community Development Department
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov
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3.
4.
5.
** As the CDP requires approval by the Planning Commission, the Minor SDP and any other related
permits require approval by the Planning Commission.
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
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.geode.us/ codes/ ca rlsbad/view. php ?to t2ic=l8&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.
Building Height. Pursuant to Carlsbad Municipal Code (CMC) Section 21.27.050, no building shall
exceed a height of 35 feet, and allowed height protrusions as described in CMC Section 21.46.020
shall not exceed a height of 45 feet. Additional building height up to a maximum of 45 feet may
be permitted through the approval of a Minor SDP processed in accordance with CMC Section
21.06, provided that all setbacks shall be increased at a ratio of one horizontal foot for every one
foot of vertical construction beyond 35 feet. The additional setback area shall be maintained as
landscaped open space. The allowed protrusions may also be permitted up to 55 feet if the
protruding features:
i. Do not function to provide useable floor area;
ii. Do not accommodate and/or screen building equipment;
iii. Do not adversely impact adjacent properties; and
iv. Are necessary to ensure a building's design excellence.
Setbacks. Pursuant to CMC Section 21.27.050, the project shall be designed to comply with the
following setbacks:
a. Primary Front yard (Palomar Airport Road -prime arterial road):
Building: 50 feet plus any additional distance if height is above 35 feet (please see No. 4 above
for details). If a 45-foot-tall building is proposed, the minimum setback shall be 60 feet. As
currently designed, the project complies.
Parking lot: 30 feet plus any additional distance if height is above 35 feet. If a 45-foot-tall
building is proposed, the minimum setback shall be 40 feet. As currently designed, the project
complies.
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b. Front yard (Laurel Tree Lane):
Building: 20 feet plus any additional distance if height is above 35 feet. If a 45-foot-tall
building is proposed, the minimum setback shall be 30 feet. As currently proposed, the
project complies.
Parking lot: 10 feet plus any additional distance if height is above 35 feet. If a 45-foot-tall
building is proposed, the minimum setback shall be 20 feet. As currently designed, the project
complies.
c. Street side yard (Aviara Parkway-arterial road):
Building: 30 feet plus any additional distance if height is above 35 feet. As a 45-foot-tall
building is proposed, a minimum 40-foot setback off Aviara Parkway will be required. As
currently designed, the project complies.
Parking lot: 15 feet plus any additional distance if height is above 35 feet. If a 45-foot-tall
building is proposed, the minimum setback shall be 25 feet. As currently designed, the project
complies.
d. Interior side yard (eastern property line):
Building: 10 feet plus any additional distance if height is above 35 feet. If a 45-foot-tall
building is proposed, the minimum setback shall be 20 feet. As currently proposed, the
project complies.
Parking lot: 5 feet plus any additional distance if height is above 35 feet. If a 45-foot-tall
building is proposed, the minimum setback shall be 15 feet. As currently designed, the project
complies.
e. Rear yard (southern property line):
Building: 10 feet plus any additional distance if height is above 35 feet. If a 45-foot-tall
building is proposed, the minimum setback shall be 20 feet. The subject rear yard setback is
in an area of the property that is zoned OS and is encumbered with an open space easement.
Since the building and parking lot are set back a significant distance from this property line,
the project will comply with the rear yard setback. However, please be advised that a
minimum five-foot-wide landscape screen should be provided between the trail and the
parking lot. Further, there may be additional setbacks required to comply with the riparian
buffer. No development can be located within the riparian buffer.
Parking lot: 5 feet plus any additional distance if height is above 35 feet. If a 45-foot-tall
building is proposed, the minimum setback shall be 15 feet. As currently designed, the project
complies. However, as discussed above, no development can be located in the riparian buffer.
f. Landscaping. The setbacks shall be landscaped pursuant to the city's Landscape Manual.
Please see CMC Section 21.27.050(5) for permitted encroachments. Please also note that a
2.5-foot vehicle overhang into the required landscaped setback is allowed pursuant to CMC
Chapter 21.44, Parking Ordinance.
6. Landscape plan. Please submit a landscape plan with the formal application submittal. The
landscape plan shall address the requirements of the Landscape Manual. In addition to meeting
the City of Carlsbad Landscape Manual parking lot tree planting requirements of one tree per 4
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parking spaces, all co.mmercial project parking lots must meet the State of California CALGreen
Shade Tree planting requirements outlined below for "Surface Parking Areas" (section 5.106.12
and section 5.106.12.1). Please note that the City of Carlsbad landscape manual requires that all
parking lot trees be a minimum of 15-gallon size.
7. Parking. Pursuant to CMC Chapter 21.44, the parking requirement for a medical office is 1 space
per 200 square feet of gross floor area. As a 61,500-sq1:1are-foot medical office building is
proposed, 308 parking spaces are required. The project descriptions submitted with the
preliminary review indicates a total of 293 parking spaces will be provided. Please reduce the size
of the building by 3,000 square feet to comply with the Parking Ordinance.
8. Outdoor Eating Area. Pursuant to CMC Section 21.34.070(C), a minimum of three hundred square
feet of outdoor eating facilities shall be provided for each five thousand square feet of building
area. Credit towards the required amount of square footage will be given for indoor eating
facilities on a 1:1 basis, as determined by the city planner. Based on a proposed building size of
61,500 square feet, a total of 3,690 square feet of outdoor eating area will be required.
In addition, the area shall meet the following standards:
a. Easily accessible to the employees of the building.
b. Located such that a sense of privacy is apparent.
c. Landscaped and provided with attractive outdoor furniture, i.e., metal, wood, or concrete
picnic tables, benches/chairs and trash receptacles.
d. The site size, location, landscaping and furniture required above shall be approved as part of
the required minor site development plan required under this title. If no discretionary permit
is required, a site plan showing the location, landscaping and facilities required above shall be
submitted to the city planner for approval prior to the issuance of any building permits.
9. Trail. Please plot the location of Existing Trail 10.2 Type II Multi-Use Recreational Trail and identify
the limits of the 15-foot-wide trail easement (please see DWG 432-2B for details). The trail shall
be 8 feet wide with 4 inches of decomposed granite and concrete edging on each end on the
southern edge of the property. Please ensure that the parking lot and drive aisle do not encroach
within the area. In addition, please be advised that a minimum of five (5) feet of landscaping
should be provided in between the trail and the parking lot. If you have any questions regarding
the trail, please contact Michael Tully, Park Planner, at (442) 339-5724.
10. Architectural Design. Given the project's location at a prominent corner and adjacency to arterial
roads, staff expectations for the quality of the design of the medical office building is very high.
Staff is preliminarily supportive of Rendering No. 2, resembling the design of the existing building
on the southwest corner of Palomar Airport Road and Aviara Parkway. Please consider the
following in the future design:
a. A prominent and attractive design feature is recommended at the northwest corner of the
building, facing the intersection.
b. Add building articulation through the introduction of changes in the roofline along each
building elevation and the addition of pop-outs/recesses.
d. Utilize an earth tone color scheme and enhanced architectural materials. ,
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11. SDG&E Easement. As a significant number of parking stalls are located within the SDG&E
easement, please obtain preliminary approval from SDG&E prior to submittal of the application
to locate the parking lot within the easement. No structures can be located within this area.
12. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). The project site is located within
the McClellan-Palomar Airport Influence Area (AIA). New development within the AIA must be
reviewed for consistency with the adopted land use compatibility plan for the airport. Review of
the project against the ALUCP revealed the following:
a. Exhibit 111-1-Compatibility Policy Map: Noise. A majority of the project site is located within
the 65-70 dB CNEL noise exposure range. Pursuant to the ALUCP Section 3.3.3(c), page 3-19,
"compatibility of new nonresidential development with noise levels generated by the Airport
is indicated in Table 111-1." Table 111-1 on page 3-23 identifies medical offices as a conditionally
compatible use within the 65-70 dB CNEL noise exposure range. Specifically, to be
compatible, the building structure must be designed to attenuate exterior noise to the indoor
CNEL of 50 CNEL.
Please submit a noise study with the application demonstrating how the project complies with
the ALUCP. The noise analysis shall describe the exterior noise environment and the
acoustical design features required to achieve the interior noise standards. Evidence shall
also be provided which indicates that the specified sound attenuation measures have been
incorporated into the design of the project.
b. Exhibit 111-2 -Compatibility Policy Map: Safety. The project site is located within Safety Zones
2, 4 and 6. Pursuant to Policy 3.4.11, project sites lying partially within multiple Safety Zones
shall be considered as if it were multiple parcels divided at the compatibility zone boundary
line. Pursuant to Table 111-2 (Pgs. 3-45 through 3-52), medical offices are considered
conditionally compatible within Safety Zones 2 and 4 and compatible in Safety Zone 6. Per
Table 111-2, conditional uses shall either comply with the Maximum Intensity and Lot Coverage
Limits or the maximum FAR. Both sets of calculations will need to be shown on the plans.
On page 3-43 of the ALUCP, FAR is calculated by people per acre multiplied by the occupancy
load factor (or square footage per person) for each land use divided by 43,560. Further, it
needs to be determined whether risk reduction objectives are incorporated into the project
design as there are two different categories for the FAR and Maximum Intensity as follows.
Zone 2 for medical office:
Maximum Intensity: 70
Maximum Intensity with Risk Reduction Measures: 105
Maximum Lot Coverage: 50%
FAR for medical office: 0.35 (or 0.52 with risk reduction measures)
Zone 4 for medical office:
Maximum Intensity: 130
Maximum Intensity with Risk Reduction Measures: 260
Maximum Lot Coverage: 70%
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13.
14.
FAR: 0.64 (or 1.28 with risk reduction measures)
Staff cannot verify that the project complies with limitations of Safety Zones 2 and 4 until the
appropriate calculations have been completed. Please determine the occupancy load factor
to complete the calculation. Please refer to Page 3-43 of the ALUCP for details.
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. The
airport elevation is 331 feet above mean sea level (AMSL). 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. Considering a proposed construction height of
approximately 145 AMSL, a Part 77 application will not be required to be filed with the FAA.
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. It is
also not required when an avigation easement is required.
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 Avigation Easement Area. Pursuant to ALUCP
Policy 3.3.3, the dedication of an avigation easement in accordance with Policy 2.11.5 of
Chapter 2 is a requirement for compatibility of any type of development within the 65 dB
CNEL contour that is designated as a conditional use.
Noise Analysis. As the project is located in the 70+, 65-70 and 60-65 CNEL future noise contours,
please submit a noise analysis prepared by a registered acoustician with the project application.
The report shall analyze the project's compliance with the Noise Element and Noise Guidelines
Manual.
Early Public Notice. The project is subject to City Council Policy Statement No. 84, Development
Project Public Involvement Policy. Pursuant to the Policy, applicants are required to send a public
notice within 30 days of submittal of development applications. In addition, as more than 50,000
square feet of non-residential habitable area is proposed, an enhanced stakeholder outreach will
also be required. Please see the link below for additional information:
https://www .ca rlsbadca .gov /home/showpu bl isheddocument/266/637 425976535170000
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 www.carlsbadca.gov. You
may also access the General Plan Land Use Element and the Zoning Ordinance online at the website
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address shown; select Department Listing; select Planning Home Page. Please review all information
carefully before submitting.
Environmental Management:
Encinas Creek crosses the southern boundary of the site. The city's Habitat Management Plan (HMP)
identifies Encinas Creek as an existing hard line conservation area. Based on a review of the previously-
approved entitlement project (GPA 04-20), a change in the General Plan Land Use designation and Zoning
designation from Planned-Industrial (P-M) to Open Space (OS) was approved in 2007. The open space
area is currently encumbered with a conservation easement and is managed as part of the Long-Term
Management Plan (LTMP) approved for the Biltmore 24-Hour Fitness and Kelly/JRM Office Building
projects. Although the Kelly/JRM project located at the site was never constructed, the LTMP was
implemented and is actively managed by a habitat manager.
15. An updated Biological Resources Technical Report (BRTR) report will be required with the project
submittal analyzing the project's compliance with the HMP. The report shall identify the habitat
onsite, and the types of habitats proposed to be removed for the development of the project. As
the project is in the Coastal Zone, there shall be no net loss of sensitive upland or riparian habitat.
In addition, if Coastal Sage Scrub (CSS) is proposed to be impacted, a minimum of 67 percent of
CSS shall be preserved. Additional information will be required to confirm that the 15-foot-trail
easement serves as part of the previously-established riparian buffer. It is staff's understanding
that the trail is located at the northern perimeter of the buffer and Open Space zone. In addition,
please include the following information discussed below.
16. The project description mentioned previous mitigation completed by the applicant onsite. The
mitigation was required for impacts caused by installation of the Laurel Tree Road crossing at
Encinas Creek, which triggered the requirement of wetland permits. The Kelly/JRM developer was
co-permittee with Biltmore/Pacifica/ Aviara Hotel for those permits, as this road provided access
to both properties. That road has been built, and mitigation completed.
17. The project description does not mention compliance with the HMP, including coastal zone
requirements.
18. Please update the exhibits to identify the native habitat, trail and HMP hardline, so staff can
determine if the project encroaches into these areas.
19. Please redesign the project so the development envelope is located outside of the 50-foot-wide
riparian buffer. As currently designed, it appears that a portion of the parking lot is located in this
area.
20. The project description incorrectly shows that the entire property is zoned Office rather than
showing the small OS area along the southern portion of the site.
21. The BTR shall include the following information (memo report is acceptable):
a. Current vegetation mapping to ensure that habitat has not grown into the undeveloped lot.
b. Exhibit showing HMP boundary, wetland buffer, trail, project footprint with current aerial
base map.
c. Describe consistency with the HMP, include Adjacency Standards.
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Land Development Engineering:
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. Submit a traffic generation fable. A transportation impact analysis (TIA) will likely be required.
Refer to the Transportation Impact Analysis Guidelines at
https ://www .ca rlsbadca .gov /home/showpublisheddocument/328/ 63 7 425982502330000
Before submitting a TIA with your application for discretionary permits, however, submit a
scoping agreement to Nathan Schmidt at Nathan.Schmidt@carlsbadca.gov for his review and
approval. The Scoping Agreement will help determine the scope of analysis and the required TIA
Tier level. The Scoping Agreement is on the last two pages of the TIA Guidelines at:
https://www.carlsbadca.gov/home/showpublisheddocument/328/637425982502330000
2. Depending on the CEQA status to be determined after the application for discretionary permits is
submitted, a Vehicle Miles Traveled (VMT) analysis may be required per the Vehicles Miles
Traveled Analysis Guidelines available at
https://www.carlsbadca.gov/home/showdocument?id=312.
3. A Transportation Demand Management Plan (TOM) will also apply. Refer to
https:ljwww.carlsbadca.gov/home/showpublisheddocument/310/637425981338370000 . See
Table 2-1 and 2-2 for assessing the requirement for a TOM and the appropriate Tier level analysis.
4. 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/604/637426047018270000
5. Preliminary analysis suggests that the project qualifies as a Priority Development Project (PDP)
with Trash Capture and requires a submittal of a preliminary Storm Water Quality Management
Plan (SWQMP) with any discretionary permit application. The SWQMP must demonstrate
compliance with the pollutant control, hydromodification, and trash capture requirements in
accordance with the City of Carlsbad BMP Manual. Use the City of Carlsbad SWQMP template for
priority development project available on the City website.
6. A preliminary hydrology study will be required to determine the pre-development and post-
development discharge flows. Provide preliminary recommendations on the proposed storm
drain system to serve this project and to mitigate any increase in flows.
7. Provide a preliminary Geotechnical study that identifies feasibility and recommendations for the
proposed development including design recommendations for proposed pollutant control BMPs
and hydromodification facilities.
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8. The site plan and topography shall be based on ties to the City of Carlsbad Survey Control Network
as published on R.O.S. 17271 and using the vertical datum of NGVD29. The topography shown on
the site plan appears to be outdated.
9. Provide typical street cross section of Laurel Tree Lane, Aviara Parkway and Palomar Airport Road
showing existing improvements (pavement, curb, gutter, sidewalk, centerline, streetlights, fire
hydrants, water, sewer, etc.).
10. Unless otherwise directed by the Carlsbad Municipal Water District, design the proposed on-site
water service for domestic and fire as a private system. Plot all public water and sewer facilities
fronting the property. Locate all on-site fire hydrants. Private system shall be separated by a
double detector check valve assembly (DDCVA). The on-site public water easement designated as
File No. 223207, O.R., recorded on December 18, 1961 may be required to be quitclaimed per the
direction of CMWD.
11. Show the location of the proposed sewer laterals to serve the project. Show the invert elevations
to indicate gravity flow.
12. Show the location of the proposed drainage, storm drain, BM P's etc. to serve the project.
13. The project will require the approval of SDG&E.
14. Provide multiple cross-sections of the site to demonstrate differences in grade, including adjacent
properties and adjacent streets.
15. Meet with the Fire Department to identify the necessary fire protection measures required for
this project (access, fire hydrants, sprinkler system, on-site circulation, emergency access, etc.)
16. Plot the water surface elevations for the 100-year floodplain.
17. Development may not occur within the 50-foot-wdie riparian buffer.
18. 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. Any comments received from the Fire Department will be forwarded under a separate cover.
If you would like to schedule a meeting to discuss this letter with the commenting departments, please
contact Shannon Harker at the number below. You may also contact each department individually as
follows:
• Planning Division: Shannon Harker, Senior Planner, at (442) 339-2621
• Land Development Engineering: Allison McLaughlin, Project Engineer, at (442) 339-2732
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• Public Works/Habitat Management Plan: Rosanne Humphrey, Senior Program Manager, at (442)
339-2689
• Fire Department: Randy Metz, Fire Marshal, at (442) 339-2661
DON NEU, AICP
City Planner
DN:SH:JC
c: Kelly/JRM-Palomar Airport Road I, LLC, 330 Encinitas Boulevard, Ste. 201, Encinitas, CA 92024
Allison McLaughlin, LDE
Rosanne Humphrey, Public Works
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