HomeMy WebLinkAboutPRE 2024-0058; 5001 TIERRA DEL ORO RETAINING WALL; Admin Decision LetterDecember 19, 2024
Brian Taylor
1968 S. Coast Hwy, Suite 3043
Laguna Beach, CA 92651
{cityof
Carlsbad
SUBJECT: PRE 2024-0058 (DEV2024-0116)-5001 TIERRA DEL ORO RETAINING WALL
APN: 210-020~23-00
Thank you for submitting a preliminary review application for proposed development at 5001 Tierra Del
Oro Street, Assessor's Parcel Number (APN) 210-020-23-0d. The approximately 0.40-acre site is located
on the west side of Tierra Del Oro Street and is the northernmost lot within the Tierra Del Oro
development. The site slopes down from Tierra Del Oro and transitions into a coastal bluff, with the
bottom half of the bluff face currently covered by a large riprap revetment that extends onto the beach.
The property is developed with a single-family residence.
The project proposes to:
• Install 25 pile footings along the ocean-facing side of the property.
• Construct a tiered system of retaining walls stepping down the bluff.
• Add new stairs on the northern side of the property to provide access to the proposed tiers.
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 Land Use Designation: Residential 0-4 dwelling units per acre (R-4) and Open
Space (OS)
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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b. Zoning: One-Family Residential (R-1) and Open Space Zone (OS)
c. Coastal Zone : The project site is located within the appealable area of the California Coastal
Commission and is subject to the Mello II Segment of the Local Coastal Program (LCP). The
LCP Land Use and Zoning are consistent with the City's General Plan Land Use and Zoning for
the site.
d. Overlay Zones. The project is located within the Coastal Shoreline Development Overlay Zone
(Carlsbad Municipal Code Chapter 21 .204) and the FEMA Flood Hazard Zone (CMC Chapter
21.110)
2. The project, if supported, would require the following permits:
a. Coastal Development Permit (CDP). Carlsbad Municipal Code Section (CMC) 21.201.030
states, "any applicant wishing to undertake a development (defined in CMC Section
21.04.107) in the coastal zone shall obtain a minor coastal development permit or coastal
development permit in accordance with the provisions of this chapter, in addition to any
other permit required by law."
A Major CDP is required if the development costs sixty thousand dollars or more. If less than
sixty thousand dollars, a Minor CDP will be required . The decision-making authority for the
Major and Minor CDPs are the Planning Commission and City Planner, respectively.
Please be advised that the proposed development is located within the appeal jurisdiction of
the California Coastal Commission. If a CDP is appealed by the Coastal Commission, they
would assume authority of the CDP and potentially overturn local decisions.
As currently proposed and based on the materials provided, staff does not believe the project
can be supported under the criteria for stringline compliance and development restrictions
on a coastal bluff, as set forth in the Local Coastal Program and relevant sections of the
Carlsbad Municipal Code . Further details and analysis regarding these issues are provided in
Sections 4 and 5 below.
b. Special Use Permit (SUP). The area proposed to be improved is in a FEMA Flood Hazard Zone.
Pursuant to CMC Section 21 .110.130, a Special Use Permit is required development in a flood
zone.
3. Coastal Zone. The property is in the Appeals Jurisdiction of the Coastal Zone and is subject to all
applicable Mello II Segment policies in the Local Coastal Program (LCP). The Coastal Commission or
another party may appeal the City's decision on the project if they disagree with the City's
interpretation of standards applied to the project.
Please be advised that this property has been the subject of a prior appeal by the California Coastal
Commission (Appeal No. A-6-Cll -08-018) involving similar criteria. In that case, the Coastal
Commission staff recommended denial of a proposed project due to inconsistencies with the City's
Community Deve lopment Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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certified LCP, including policies prohibiting development on the bluff face and concerns regarding
impacts to public access and bluff stability. The aforementioned appeal may provide some insight as
to how the proposed conceptual project might be viewed by the Coastal Commission. For more
details, you can review the prior appeal at the following link:
https://documents.coastal.ca.gov/reports/2008/8/FlOa-8-2008.pdf
4. Coastal Stringline. Pursuant to CMC Section 21.204.050 of the Coastal Shoreline Development Overlay
Zone, no decks, stairs, or other appurtenances shall be permitted further seaward than those allowed
by a line drawn between the permitted structures on adjacent properties. This property is the
northernmost lot in the development; therefore, analysis can only be made from the adjacent
properties to the south.
No stringline exhibit was provided with the preliminary review application. For a formal submittal, a
detailed plotting of the permitted structures and appurtenances on the adjacent properties to the
south will be necessary to determine accurate stringline measurements for the project. The stringline
analysis must reflect a like-for-like approach, showing decks-to-decks, stairs-to-stairs, patio-to-patio,
wall-to-wall, and other appurtenances as applicable. Therefore, multiple stringlines will be required.
The applicant must ensure that the structures used in the stringline exhibit are permitted through
either the City of Carlsbad or the California Coastal Commission. Structures that lack verification of
permits shall not be included in the stringline analysis. Please provide documentation of permitting
for any structures referenced in the exhibit.
With the formal submittal's stringline exhibit, please ensure accurate plotting of the adjacent
structures, as well as any appurtenances, to justify the proposed improvements.
5. Development on a Coastal Bluff. Pursuant to the City of Carlsbad certified Local Coastal Program (LCP),
development on a coastal bluff is inconsistent with the polices established in the certified LCP. Both
the construction and associated grading that would be required would be considered development.
Undeveloped shoreline features are addressed in the LCP as "No development shall be permitted on
any sand or rock beach or on the face of any ocean bluff, with the exception of accessways to provide
public beach access and of limited public recreation facilities".
Section 21.204.050 of the Coastal Shoreline Development Overlay Zone further requires that grading
and excavation be limited to the minimum necessary to complete development consistent with the
provisions of this zone. Specifically, no excavation, grading, or deposit of natural materials is permitted
on the beach or bluff face except as required to accomplish construction that complies with these
restrictions. Any formal submittal must demonstrate how the proposed development adheres to
these requirements, particularly in minimizing impacts to the bluff face and beach.
The project proposes permanent structures, including stairs, pile footings, and retaining walls, on the
bluff face seaward of the residence. These structures will require excavation and/or fill and, as such,
are inconsistent with the above provisions of the certified LCP.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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6. Tiered Walls. Although a stringline exhibit was not provided with the preliminary review application,
the location of the proposed tiered walls, which in effect create private recreation terraces, does not
appear to meet stringline requirements. The term "terraces" is used here to describe the stepped
areas resulting from the proposed tiered walls, as shown on the submitted plans. If this terminology
does not align with the applicant's intent, clarification and proper identification of these features will
be necessary in future submittals. With a formal application submittal, a stringline exhibit will be
required to demonstrate that the proposed tiered walls and resulting terraces comply with the
stringline requirements.
When proposing walls for slope repair, the walls must be designed in a way that aligns with stringline
requirements as each wall is a considered an "appurtenance." This means that the walls should not
extend beyond the established wall stringline to the south to ensure consistency with the su rrounding
development. With a formal application, please provide a stringline drawing to compare adjacent
walls.
Please note that walls are limited to six feet in height outside of the front yard setback. The height of
the walls will need to be dimensioned on a formal submittal.
7. Stairs. The proposed stairs are considered an "appurtenance" also subject to stringline requirements.
With a formal application submittal, please provide a stringline drawing to compare adjacent stairs.
As discussed above, in order for an adjacent appurtenance to be included in the stringline, it needs to
be a permitted structure.
Please be advised that in a previous appeal (Appeal No. A-6-Cll-08-018), the California Coastal
Commission raised concerns regarding the potential for private accessways, such as stairs, to create
a perception of privatization of adjacent public beaches. The appeal noted:
"The Commission has historically discouraged the development of private access stairs from residential
development to the beach, as it can deter public access. Development such as private access stairs
creates a perception that the beach fronting these sites is private, leading to a decrease in public
access. 11
As mentioned in comment no. 3 above, this context may inform how the project is evaluated at the
Coastal Commission level if it proceeds to an appeal.
8. Geotechnical Reports. The project is subject to the requirements of the Coastal Shoreline
Development Overlay Zone (CMC Chapter 21.204), which applies to areas within the Mello II Segment
of the Local Coastal Program (LCP) between the sea and the first public road parallel to the sea. As
part of any formal submittal, a geotechnical report must be prepared and submitted in compliance
with CMC Section 21.204.110.
The geotechnical report must be prepared and signed by both a professional civil engineer with
expertise in soils and foundation engineering and a certified engineering geologist or registered
geologist with expertise in engineering applications. The report must include findings based on an
onsite inspection and a review of the site's geologic, seismic, hydrologic, and soil conditions. It must
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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certify that the proposed development will not adversely affect bluff stability, endanger life or
property, or contribute to geologic instability throughout the project's lifespan.
At a minimum, the report must include:
a. Analysis of site topography and cliff geometry, including any unusual geomorphic conditions.
b. Assessment of historic, current, and foreseeable bluff erosion using maps, photos, surveys,
and records.
c. Evaluation of geologic conditions, soil and rock characteristics, and structural features {e.g.,
faults, bedding).
d. Identification of past or potential landslide conditions and the impact of the proposed
development on these conditions.
e. Consideration of construction activity impacts on site stability and adjacent areas.
f. Ground and surface water conditions, including hydrologic changes caused by the project.
g. Assessment of potential erosion and mitigation measures during and after construction.
h. Effects of marine erosion and potential flooding risks, including wave run-up, tsunami, and
storm surge.
i. Evaluation of seismic risks, such as ground shaking, liquefaction, and surface rupture.
j. Description of hazards from offsite forces, such as dam or reservoir failures.
k. Recommendations for mitigating measures and alternative solutions to address geotechnical
hazards.
The report must express a professional opinion on whether the project can be designed or located to
avoid significant geologic instability. It must use an accepted engineering stability analysis method
and account for uncertainties in results. The analysis must cover the area from the toe of the bluff
inland to a line defined as the greater of either 50 feet from the bluff edge or a line formed by a 20-
degree incline passing through the bluff toe. If the report does not conclude that the project can be
developed safely and without destabilizing the bluff, no coastal shoreline development permit will be
issued.
9. Easements and Preliminary Title Report. A preliminary title report was not provided with this
preliminary review application. To ensure all existing easements are accounted for, please submit a
preliminary title report with any formal application. All easements listed in the title report must be
clearly plotted on the site plan for formal review.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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10. Habitat Management Plan and Biological Resources Report. The project site is subject to buffer
requirements established to protect sensitive biological resources . A 20-foot buffer from sensitive
upland habitats and a 100-foot buffer from wetlands are required. While the existing residence may
already encroach into the 20-foot buffer, new development, grading, or vegetation clearing must
acknowledge and comply with these buffer requirements. Generally, no new development is
permitted within the buffer, even in areas containing existing hardscape. As part of a formal submittal,
a biological resources report will be required to identify vegetation within 100 feet of the property,
demonstrate compliance with buffer requirements, and include overlays of any proposed fuel
modification zones. Coordination with the Coastal Commission may also be necessary to confirm
specific interpretations of buffer policies and project impacts.
11. Mean High Tide Line (MHTL) Survey. Pursuant to Section 30103 of the Coastal Act, the Mean High Tide
Line (MHTL) is used to determine permit jurisdiction for projects in the Coastal Zone. If a project is
located east (landward) of this line, it falls within the City's jurisdiction; if located west (seaward) of
this line, it falls within the Coastal Commission's jurisdiction. To establish the appropriate permitting
authority for this project, the applicant must hire a registered land surveyor to produce a technical
report delineating the current location of the MHTL based on site conditions. The results of this
survey, commonly referred to as an MHTL Survey or Boundary Survey, must be submitted as part of
the formal application package.
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://www.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.
Environmental Sustainability, Habitat Management Division:
The project site is located within the Coastal Zone and is adjacent to a coastal bluff that supports a mix of
native and non-native species. Please refer to the vegetation mapping and conceptual restoration plan
schematic for the city's Terra mar Coastal Improvements Project provided below.
1. Constraints:
a. A 20-foot buffer is required from sensitive upland habitat. Please note that not all adjacent
vegetation qualifies as sensitive.
b. A 100-foot buffer is required from wetlands. Confirmation is needed from the Coastal
Commission to determine whether the ocean qualifies as a wetland.
2. Biological Report Requirement:
a. The project requires a biological report, which must include vegetation mapping extending
100 feet beyond the property boundaries.
3. Fuel Modification Zone (FMZ):
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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a. The biological report must include a figure illustrating the required FMZ overlaying the
surrounding vegetation, using an aerial basemap.
4. Buffer Restrictions:
a. No impacts, including grading or development alternatives, are permitted within a buffer.
Although the buffer area may currently be developed, the Coastal Commission generally
prohibits alterations within a buffer, even if it contains existing hardscape.
5. FMZ Limitations within Buffers:
a. The FMZ cannot encroach upon a biological buffer, with the following exceptions:
i. The outermost 20 feet of the FMZ (classified as maintenance type B-3) may overlap with
the upland buffer but not with sensitive habitat.
ii. No FMZ is permitted within 50 feet of a wetland.
6. Coordination with Coastal Commission:
a. Detailed aspects of the project must be discussed with the Coastal Commission to determine
their interpretation of potential project impacts.
Vegetation Mapping from Terra mar Coa'stal Improvements Project:
(SCBS·LB) Coastal Sage
Scrub (Lemonadeberry) (DISn 0• t b d
(SL-SS) Sea Lavender -15 ur e (BLF) Eroded Bluff
Swamp Saltbush -(IP) lceplant -(BPO) Beach -Pacific
TRL Trail -(ORN) Ornamental •
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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Concep~_al Restoration Plan for Terramar Coastal Improvements Project:
Land Development Engineering:
Land Development and Engineering has no specific comments to provide at this stage of the review
process.
Building Division:
Building has no comments
Fire Department:
Fire has no comments.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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If you would like to schedule a meeting to discuss this letter with the commenting departments, please
contact Alex Alegre at the number below. You may also contact each department individually as follows:
• Planning Division: Alex Alegre, Assistant Planner, at (442) 339-5268
• Land Development Engineering: Jason Geldert, City Engineer, at (442) 339-2758
• Fire Department: Darcy Davidson, Fire Inspections, at (442) 339-2662
• Building Division: Shawn Huff, Building Official, at (442} 339-5338
• Environmental Sustainability: Rosanne Humphrey, Senior Program Manager, at (442) 339-2729
Sincerely,
ERIC LARDY, AICP
City Planner
EL:AA:cf
c: Richard Michael, 5001 Tierra Del Oro, CA 92008
Jason Geldert, City Engineer
Rosanne Humphrey, Senior Program Manager
Laserfiche/File Copy
Data Entry
Community Deve lopment Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600