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Home My WebLink AboutPRE 2024-0063; CUSD LOT AMENDMENT; Admin Decision LetterJanuary 6, 2025 SCOTT SHELDON TERRA REALTY ADVISORS, INC. 450 CHADBOURNE ROAD, SUITE G FAIRFIELD, CA 94534 ssheldon@tra-inc.net SUBJECT: PRE 2024-0063 (DEV04014) -CUSD LOT AMENDMENT APN 213-050-11-00 Dear Mr. Sheldon, {'city of Carlsbad VIA EMAIL AND MAIL Thank you for submitting a preliminary review application a land use change proposal on a 6.53 acre parcel located at 6225 El Camino Real. According to the application, the subject property is currently developed with a one-story, 74,000 square foot building. The city's arial imagery and Google Maps Street View also shows two other metal-framed out-buildings of an undisclosed area, a storage container, landscaped areas, surface parking, and a storage yard secured behind solid masonry screen walls of greater than six- feet in height. The Carlsbad Unified School District is listed as the owner of said property and currently operates its district office out of approximately 36,788 square feet of the 74,000 square foot building. The preliminary review application proposes amending the General Plan Land Use and Zoning for the site to allow for the future development of residential, for-sale housing, at a project density range between 18 and 23 units per acre. Reuse of the existing building(s) is not a part of the proposed application; and thus is not discussed below. 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. The General Plan Land Use and Zoning designations for the subject property are as follows: a. General Plan: Planned Industrial (Pl) Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov PRE 2024-0063 (DEV04014)-CUSD LOT AMENDMENT January 6, 2025 Pa e 2 b. Zoning: Planned Industrial (P-M) 2. The proposal requires the following permits: a. General Plan Amendment (GPA). An application for a General Plan Amendment (GPA) would be necessary to change the General Plan Land Use designation on the site from Planned Industrial (Pl) to R-23 (Residential, 15-23 du/ac). R-23 is the appropriate land use designation to accommodate residential at the proposed density between 18 and 23 du/ac as discussed in the application. b. Zone Change (ZC). To be consistent with the proposed General Plan Land Use designation discussed above, an application for a Zone Change (ZC) would also be necessary. Both the R- 3, Multiple-Family Residential Zone or the RD-M, Residential Density-Multiple Zone can implement the R-23 General Plan Land Use Designation. 3. The surrounding General Plan Land Use and Zoning designations for the subject parcel are as follows: General Plan l~L .,,.,.._ ____________ ';::. ____ ;r!!-'' ~ Pl ..---_ ___, Pl Pl = Planned Industrial CF= Community Facilities 0 = Office Zoning P-M P-M P-M = Planned Industrial C-F = Community Facility Bressi Ranch (P-M) VLC (P-M) r.c In the above, the zoning designations for the parcels east of El Camino Real, are labeled as P-C (Planned Community). The underlying zoning designations for each of those P-C zoned sites can be found within each of the corresponding Master Plans. For your convenience, we have overlayed the underlying zoning designations on the above zoning map as it corresponds with the "Bressi Ranch" Master Plan and the Village of La Costa "(VLC}" Master Plan. 4. Proposed Land Use and Zone Change. Planning staff is preliminarily unable to take a position on the conceptual request to change the General Plan Land Use and zoning designations on this site from light industrial to high density residential (18-23 du/ac) for future development of for-sale multiple- family residential housing. Please be aware the requested land use and zone change may constitute spot zoning as there are no contiguous residential land uses in the area to support the request. PRE 2024-0063 (DEV04014)-CUSD LOT AMENDMENT January 6, 2025 Pa e 3 Additionally, to satisfy state-mandated housing requirements, the City Council recently approved an update to the city's Housing Element which included changes in the land use designations for 16 sites throughout the city to allow for higher density residential development. Given the significant planning efforts and environmental analysis, extensive public outreach and, ultimately, City Council's approval, new high density residential development should be focused on the approved sites. Any action to change the General Plan while the city remains having a compliant Housing Element is not guaranteed and subject to the legislative discretion of the City Council. 5. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). The subject parcel 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, in this case the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP), adopted on January 25, 2010 and later amended on March 4, 2010 and December 1, 2011. Please be advised, Airport Land Use Commission approval is required for any proposed change in land uses given the subject parcel's location within the AIA. Preliminary review of the proposed land use change against the ALUCP revealed the following: a. Exhibit 111-1-Compatibility Policy Map: Noise. The subject parcel is located outside of the 60 db CNEL noise exposure range per Exhibit 111-1. Pursuant to the ALUCP Section 3.3.3(a) on page 3-19: "The threshold for evaluation is the projected 60 dB CNEL contour. This contour defines the noise impact area of the Airport. All land uses located outside of this noise contour are consistent with the noise compatibility policies." b. Exhibit 111-2 -Compatibility Policy Map: Safety. Pursuant to Exhibit 111-2, the subject parcel is located in Zone 6 (Traffic Pattern Zone). Pursuant to Table .111-2 (Pgs. 3-45 through 3-52), residential projects with a density >20.0 du/ac are considered compatible within Safety Zone 6, depending on height of structures, which may be subject to FAA review and approval. c. Exhibit 111-3 -Compatibility Policy Map: Part 77 Airspace Protection. The subject parcel is located within the 7:1 Transitional Surface contour of Exhibit 111-3. Any formal submittal of a project under the ALUCP would require compliance with the Federal Aviation Administration's (FAA) Federal Aviation Regulations (FAR) Part 77, Objects Affecting Navigable Airspace. d. Exhibit 111-4 -Compatibility Policy Map: Overflight. The subject parcel is located within the Overflight Notification Area. Pursuant to the ALUCP Policy 3.6 -Overflight Compatibility Policies for McClellan-Palomar Airport, real estate disclosures and overflight notification documents would need to be recorded. e. Exhibit 111-5 -Compatibility Policy Map: Airport Influence Area. The subject parcel 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 subject parcel is located outside of the Avigation Easement Area but is located within PRE 2024-0063 (DEV04014) -CUSD LOT AMENDMENT January 6, 2025 Pa e 4 the Airport Overflight Notification Area. As noted above in subsection d) above, real estate disclosures and overflight notification documents would need to be recorded. Please see link below for the McClellan-Palomar Airport Land Use Compatibility Plan: https://www.carlsbadca.gov/home/showpu blisheddocu ment/226/637 4466177 57230000 6. Noise Analysis. A formal proposal, if submitted, would need to provide a noise study consistent with the City of Carlsbad Noise Guidelines Manual and the policies and standards for residential noise in the General Plan. Please see link below for the Noise Guidelines Manual: http://www.carlsbadca.gov/ civicax/file ban k/blobd load .aspx? Bio b I D=24094 7. The Housing Crisis Act of 2019 (SB 330) established a preliminary streamline application process for housing projects. It is not mandatory unless applicants seek the vesting and processing benefits offered under SB 330. Participation in the SB 330 streamline process would occur first, followed by the formal development application process required under Government Code (Gov. Code)§§ 65940, 65941, 65941.5, and Carlsbad Municipal Code (CMC) § 21.42.050. Acceptance by the city of a complete SB 330 Streamline Application (Form P-32) and fee will vest the project for 180 days in accordance with the ordinances, policies and standards in effect at the time the SB 330 Application is accepted. 8. 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://www.qcode.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 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. 9. While not the request of this preliminary review so not reviewed or discussed in detail, there are state laws that purport to encourage school districts to provide rental employee housing. These include AB- 2295 that amended Government Code 65914.7 in 2022 and SB-1413 in 2016. These bills could potentially be pursued on this or other school district locations. PRE 2024-0063 (DEV04014) -CUSD LOT AMENDMENT January 6, 2025 Pa e 5 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. Land Development Engineering: 1. Multi-family developments require multiple access points; please refer to the City of Carlsbad Engineering Standards Volume 1, Section 4 for driveway access requirements. 2. A Sewer Study for new development based on City of Carlsbad Sewer Master Plan Update 2019, Section 4.2 Design Criteria may be required. 3. A Water Study for the new development based on City of Carlsbad Potable Water Master Plan 2019, Section 4.2 Design Criteria may be required. 4. Public potable water and sewer mains along project frontages must meet minimum design diameter and material as specified in City of Carlsbad Engineering Standards Vol. 2 Section 3.2.2 for water and Volume 1 Section 6.2 for sewer. Utility replacement and/or upsizing may be required as a condition of development. 5. 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. Fire Department: 1. California Fire Code, as adopted and amended by the City of Carlsbad (D106}, requires two points of access to residential properties exceeding 50 dwelling units. And fire apparatus access roads shall be remote, separated by one half the length of the diagonal of the property. 2. Fire department access lanes will be required in accordance with CFC 503. El Camino Real cannot be used for aerial apparatus access, if required by the height of proposed buildings. 3. Private fire hydrants shall be provided to meet required fire flow and spacing requirements per CFC Appendix Band C. 4. Change of property use to residential may have impacts on neighboring commercial properties. For example: LPG tanks and other hazardous material use(s) or storage may require setback distances to residential property. Building Division: 1. No comments. PRE 2024-0063 (DEV04014) -CUSD LOT AMENDMENT January 6, 2025 Pa e 6 If you would like to schedule a meeting to discuss this letter with the commenting departments, please contact Jason Goff at the number below. You may also contact each department/division individually as follows: • Planning Division: Jason Goff, Senior Planner, at (442) 339-2643 • Land Development Engineering Division: Jose Sanchez, Project Engineer, at (442) 339-5486 • Fire Department: Darcy Davidson, Fire Inspections, at (442) 339-2662 • Building Division: Shawn Huff, Building Official, at (442) 339-5338 Sincerely, ERIC LARDY, AICP City Planner EL:JG:mh c: Eric Dill, Carlsbad Unified School District, 6225 El Camino Real, Carlsbad, CA 92009 Jose Sanchez, Project Engineer Darcy Davidson, Fire Prevention Laserfiche/File Copy Data Entry