HomeMy WebLinkAboutPRE 2024-0015; PHOENIX RENEWABLE SERVICES; Admin Decision LetterApril 24, 2024
Bruce W. Steingraber
24665 Rancho Santa Teresa Drive
Ramona, CA 92065
City of Carlsbad
APR 2 4 2024
Planning Division
SUBJECT: PRE 2024-0015 (DEV2024-0031) -PHOENIX RENEWABLE SERVICES
APN: 212-092-28-00
(cityof
Carlsbad
Thank you for submitting a preliminary review application for the addition of a 3,210-square-foot
mezzanine to be used as office space and the addition of an exterior observation deck to an existing 9,987-
square-foot warehouse and office building. The project site, an approximately 0.79-acre (34,590-square-
foot) lot, is located at 1946 Kellogg Drive. Identified as Lot 3 in MS 95-05/PIP 95-08/PUD 95-02, the
building was one of four buildings originally approved in 1996 for an office/manufacturing use. The
property is located within Safety Zones 2 and 5 of the McClellan Palomar Airport Land Use Compatibility
Plan.
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 ofthis 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: Planned Industrial (Pl).
b. Zoning: Planned Industrial (P-M).
c. The property is located within Area 1 ofthe Carlsbad Airport Centre Specific Plan (SP 18l(H)).
d. The property is located within Safety Zones 2 and 5 ofthe McClellan Palomar Airport Land Use
Compatibility Plan (ALUCP).
2. The project requires the following permits:
a. Building Permit
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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b. Amendment to Planned Industrial Permit, PIP 95-08. A Planned Industrial Permit is no longer
an applicable submittal type; Amendment to Minor Site Development Permit is current
application type required.
c. Amendment to Non-Residential Planned Development Permit PUD 95-02. Please submit a
copy of any reciprocal agreements that exist with the adjacent properties. If amendments are
needed to a reciprocal agreement, an amendment to PUD 95-02 may be required.
3. Plans:
a. Show: Property lines, easements, existing and proposed structures, and dimensioned setbacks,
based on Map No. 17721.
b. Provide an existing site plan and floor plan.
c. Add the proposed size in square feet of the observation deck to the scope of work.
d. Update the site acreage on the cover sheet to only include the size of Lot 3 per Map No. 17721
(0. 79 acres).
e. Provide a square footage table for the existing and proposed structures.
f. Per the approval letter for PIP 95-08/PUD 95-02, the development of Lot 3 required 26 parking
spaces. Please revise the project data section on the cover sheet.
g. The plans state the existing building area as 10,209-square-feet. PIP 95-08/PUD 95-02
approved the development of a 9,987-square-foot building on the lot. Please confirm the
existing square footage for the building and amend the plans accordingly. If additional square
footage has been added, it should be accounted for in the existing and proposed parking
calculations.
h. Revise the plans to show only the parking spaces allotted for Lot 3 per PIP 95-08/PUD 95-02.
Only the spaces located on Lot 3 and directly adjacent to the north and east sides of the existing
building can be used. A total of 26 spaces were originally approved/provided.
4. McClellan Palomar Airport Land Use Plan. 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. The ALUCP is available at the following
address:
https:ljwww.san.org/DesktopModules/Bring2mind/DMX/API/Entries/Download?Entryld=16147&C
ommand=Core Download&language=en-US&Portalld=0& Tabld=807
Review of the project against the ALUCP revealed the following:
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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a. Exhibit 111-1 -Compatibility Policy Map: Noise. The project site is located within the 70-75 dB
CNEL noise exposure range per Exhibit 111-1. Pursuant to the ALUCP Section 3.3.3(c) on 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 pg. 3-23 identifies office type uses, as a
conditionally compatible use within the 70-75 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 subject parcel is located within Safety Zones
2 (area in purple-Inner Approach/Departure Zone) and 5 (area in orange, Sideline Zone).
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. The
existing building appears to be located entirely within Safety Zone S; therefore, the proposal
to add a mezzanine and observation deck is required to comply with the requirements of Safety
Zone 5.
Mezzanine/Office Addition:
Pursuant to Table 111-2 (Pgs. 3-45 through 3-52), office buildings are considered conditionally
compatible within Safety Zone 5. Per Table 111-2, conditional uses shall either comply with the
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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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 ALCUP, 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 5 for office use:
Maximum Intensity: 200
Maximum Intensity with Risk Reduction Measures: 400
Maximum Lot Coverage: 70%
FAR: 0.99 (or 1.97 with risk reduction measures)
Staff cannot verify that the project complies with limitations of Safety Zone 5 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. In addition, please
note the area of the parcel located within Zone 2 shall be excluded from the calculation. Please
determine the area of the lot located within Zone 5.
Exterior Observation Deck Addition:
Please confirm the California Building Code (CBC) Group and occupancy for the proposed
exterior deck addition. Please note, outdoor small assembly facilities with a capacity for 50 to
299 people (CBC, Assembly Group A-4) are prohibited uses in Safety Zone 5. Additional
information is required to determine with this use can be allowed.
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. As the building height is not proposed to be altered, 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
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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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. As the building is existing, the agreement was required
as part of the original development and will not be required for the proposed amendment.
5. Parking:
a. Pursuant to Condition No. 20 of PIP 95-08/PUD 95-02, a total of 500 square feet was permitted
for office use and 9,497 square feet was permitted for manufacturing use for Lot 3. Please
provide the current square footage of office and warehouse space in the building to verify the
existing uses comply with the parameters of Condition No. 20 and to assist staff with the
parking calculation for the proposed tenant improvement.
b. In total, Lot 3 required 26 parking spaces per PIP 95-08/PUD 95-02. The original approval did
not permit joint use of parking between Lots 1-4. Condition No. 20 states, each lot must stand
on its own for parking purposes. A breakdown of the approved parking for Lot 3 is provided in
Table 1 below.
Table 1: Permitted Onsite Parkin~ for Lot 3
Use Parking Requirement Approved SQ. FT. Required
Spaces
Office 1 parking space I 250 500 2
square feet
Manufacturing 1 parking space I 400 9,497 24
square feet
Total Required 26
Total Provided 26
c. The proposed addition of the mezzanine on the second floor would increase the office area
gross square footage of the building by 3,210 square feet. To determine if the site contains
adequate parking for the existing and proposed uses, please provide the following information
on the site plan:
i. A parking analysis table breaking down the required parking for the existing and
proposed uses on the site in accordance with the parking standards outlined in
CMC Section 21.44.020.
ii. Pursuant to CMC Section 21.44.020, a total of 13 additional parking spaces (1
space/250 square feet) would be required for the proposed mezzanine addition.
Based on a review of the existing site plan and the prior project approval, it does
not appear there is room to add 13 additional parking spaces on Lot 3.
6. Building Coverage:
a. Pursuant to CMC 21.04.061, building coverage includes the total ground area of a site occupied
by any building or structure as measured from the outside of its surrounding external walls or
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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supporting members. Building coverage includes exterior structures such as stairs, arcades,
bridges, permanent structural elements protruding from buildings such as overhanging
balconies, oriel windows, stories which overhang a ground level story, garages, and covered
carports. Excluded from building coverage are roof eaves extending less than thirty inches from
the face of any building, awnings, open parking areas, structures under thirty inches in height
and masonry walls not greater than 6' in height such as wing-walls, planter walls or grade-
separation retaining walls.
b. The maximum lot coverage allowed per the ALUCP is 70%. Please provide a line-item lot
coverage calculation on the site plan, which includes the proposed observation deck. Please
note, only the area of the parcel located in Zone 2 can be used to assess compliance.
7. Setbacks: Add a setback table to the site plan. Per the Carlsbad Airport Centre Specific Plan (SP
181(H)), building setbacks are as follows:
a. Interior Setback: 10 feet
b. Rear Setback: 25 feet
Please note, the posts of the deck shall comply with the 10-foot interior/side yard setback and a
maximum overhang of two feet for the deck can be permitted in the setback area.
8. Employee Eating Area: Pursuant to CMC Section 21.30.070, a minimum of 300 square feet of outdoor
eating facilities shall be provided for each 5,000 square feet of building area.
a. Based on PIP 95-08, a total of 2,000 square feet of outdoor eating space was provided for Lots
1-4. Please provide an indoor/outdoor eating area exhibit on the site plans showing how the
project, with the addition of the mezzanine complies with the requirement. Additional
information is needed to determine if the employee eating area is shared between the four
existing buildings or the requirements have been independently satisfied for each individual
lot/building.
9. 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 Climate Action Plan 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:llwww.gcode.us/codes/carlsbad/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
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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GHG reduction requirements results in substantial modifications to the project after planning
approvals are obtained, then prior to issuance of 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.
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
https:ljwww.carlsbadca.gov/departments/community-development/planning. You may also access the
General Plan Land Use Element and the Zoning Ordinance online at the website address shown. Please
review all information carefully before submitting.
Land Development Engineering:
Land Development Engineering Division staff has completed a preliminary review of the above-referenced
project. Prior to formal application for the project permit submittal, the following items must be
adequately resolved/addressed, unless otherwise noted:
1. Complete a Stormwater Standards Questionnaire Form E-34. 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 is located on the City of Carlsbad
website.
2. Expansion for a new entry and footing for the observatory deck will make this project subject to the
City of Carlsbad trash capture requirements based on this project's general land use Pl. Incorporate
trash capture measures on the project plans and prepare a Preliminary Trash Capture Storm Water
Quality Management Plan. Form E-35A is found on the city's website and is submitted directly to Land
Development Engineering
3. Provide ADT and peak hour trips per generation rates from SAN DAG Brief Guide of Vehicular Traffic
Generation Rates for the San Diego Region on the site plan/tentative map.
4. Correctly plot the property lines, including all bearings, deltas, and distances, based on Map No.
17721.
5. Provide a Preliminary Title Report (current within the last six (6) months).
6. Annotate and delineate all existing easements and encumbrances listed in the Preliminary Title Report
on the site plan.
7. Identify all existing surface improvements screened back (curb, gutter, sidewalk, paving, manholes,
inlets, street lights, adjacent driveways, vaults, transformers, etc.) at the project site, project frontage
and within 20 feet of the boundary.
8. Delineate all existing and proposed retaining walls that will be utilized on the project site and show
top of wall and bottom of wall elevations, including at the highest and lowest points.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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9. Indicate the earthwork quantities (cut, fill, import, export, remedial) for the deck structural footing.
Provide the information in cubic yards.
10. Indicate the method of draining the deck.
11. Provide typical street cross sections for existing Kellog Avenue. Provide existing right-of-way width
and existing improvements. Existing record numbers: DWG 344-7B, DWG 344-7A are available on the
city's public records access.
12. Show all existing utilities and callout size for: water, sewer, storm drain, underground dry utilities in
Kellogg Avenue and on-site.
13. Plot existing water services, meters, backflows, and sewer laterals for the project in compliance with
2022 Carlsbad Engineering Design Standards requirements.
14. Provide multiple cross-sections of the proposed deck to demonstrate differences in grade from
adjacent properties. Plot existing grades on-site, fences and location of structures on-site and on
adjacent properties.
15. Address the comments on the attached redlined plan.
16. Please be advised that a more in-depth review of the proposed development will occur with the
discretionary permit application when a more complete design of the project is provided.
Building Division:
1. CASp review is recommended before entitlement.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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Fire Department:
1. Fire sprinklers shall be extended to the mezzanine and observation deck. Any storage within the
mezzanine over 12 feet in height shall require a High Piled Storage review from Fire.
If you would like to schedule a meeting to discuss this letter with the commenting departments, please
contact Megan McElfish at the number below. You may also contact each department individually as
follows:
• Planning Division: Megan McElfish, Assistant Planner, at (442) 339-5153
• Land Development Engineering: Linda Ontiveros, Project Engineer, at (442) 339-2773
• Fire Department: Randy Metz, Fire Marshall, at (442) 339-2661
• Building Division: Mike Strong, Assistant Director of Community Development, at (442) 339-2661
Sincerely,
ERIC LARDY, AICP
City Planner
EL:O:MM:d
Attachments: LDE Redlines
c: Hassan Yarpezeshkan, 2810 Inverness Drive, La Jolla, CA 92037
Linda Ontiveros, Project Engineer
Laserfiche/File Copy
Data Entry
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600