HomeMy WebLinkAboutPRE 2025-0037; RINCON GARFIELD ST; Admin Decision Letter
Community Development Department
Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 442-339-2600
August 7, 2025
Jonathan Frankel
Rincon Homes
5315 Avenida Encinas, STE 200
Carlsbad, CA 92008
SUBJECT: PRE 2025-0037 (DEV2025-0047) – RINCON GARFIELD ST
APN: 203-141-27-01, -02, & -03
Thank you for submitting a preliminary review application for a two-lot, small-lot subdivision, and the
development of the resulting lots, each with a new, three-story, single-family dwelling unit, and attached
accessory dwelling unit (ADU). Each lot will be approximately 3,500 square feet. Unit A, proposed on the
southern lot on the corner of Garfield Street and Beech Ave., would contain 3,259-square-foot single-
family residence, an attached two-car garage, and an attached 642-square-foot accessory dwelling unit.
Unit B, proposed on the northern lot, would contain a 3,387-square-foot residence, an attached two-car
garage, and an attached 675-square-foot accessory dwelling unit. Vehicular access to the new residences
will be provided from Garfield Street. The project site is approximately 0.16 acres and is developed with
three townhouse condominiums.
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: R-15, Residential; 8 to 15 dwelling units per acre
b. Zoning: Multiple-Family Residential (R-3) and Beach Area Overlay Zone (BAOZ)
c. Coastal Zone: The project site is located within the Coastal Zone 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. The property is located within the
California Coastal Commission’s Appeals Jurisdiction.
2. The project requires the following permits:
a. Planned Development Permit (PUD)
{'city of
Carlsbad
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August 7, 2025
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b. Minor Site Development Plan (SDP)
c. Coastal Development Permit (CDP)
d. Minor Subdivision (MS)
The Planning Commission will be the decision-making authority on the above entitlement
applications.
e. Minor Coastal Development Permit (CDP) for the Accessory Dwelling Units (to be approved
after the above-noted permits are approved by the Planning Commission)
3. Technical Studies/Exhibits. A formal submittal of this project shall include the following technical
studies/exhibits:
a. Noise Study. Please submit a noise study with your formal application that is prepared in
accordance with the requirements outlined in the City of Carlsbad Noise Guidelines Manual.
The Noise Guidelines Manual may be found online at:
https://www.carlsbadca.gov/home/showpublisheddocument/238/637425974092370000
4. Development Standards.
a. Building Height: Per the BAOZ standards (CMC 21.82.080), No newly constructed residential
structure within the beach area overlay zone shall exceed thirty feet if a minimum 3/12 roof
pitch is provided or twenty-four feet if less than a 3/12 roof pitch is provided. Per the
definition of Building Height (CMC 21.304.065), the height of the building should be from
existing grade or finished grade, whichever is lower. While the plans submitted do not show
the existing grade, the project appears to be non-compliant with heigh standards in the
following locations:
i. Unit A: the height measurement from the proposed grade to the third floor deck
is approximately 25.7 feet. This deck is subject to the 24-foot height limitation.
ii. Unit A: the height measurement to the “stair tower” and gabled doorway exceeds
30 feet.
iii. Unit B: Pitched and flat roofed areas of third floor appear to be over allowed
heights.
iv. Unit B: the height measurement from the proposed grade to the third floor deck
is approximately 25.7 feet. This deck is subject to the 24-foot height limitation.
v. Please note that if it is proposed that these discretionary actions provide for a new
grade, there are standards for when that can be used for height measurement in
CMC 21.04.064 (2).
b. Visitor Parking: The visitor parking required by CMC 21.45 and 21.82 is satisfied by the
driveways leading to the two-car garage for each unit.
c. Resident Parking: Per CMC 21.45.070, D.12, required parking provided, shown as a two-car
garage, shall have interior dimensions of 20 feet by 20 feet. Project does not appear to
comply. The project is located within the area where parking replacement is required when a
garage is converted to an accessory dwelling unit. While that is not in the scope of this
application, it should be noted that this is an area where the Coastal Commission has signaled
parking is important and this requirement could limit any future ADU development plans.
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d. Private Recreation Space: The project does not comply with this standard. The project could
be designed to meet the private recreation space requirement (CMC 21.45.070 D.11) with
reductions of the building footprints and changes to the site design. State law provides for
what is referred to as a “mandatory” ADU that prohibits the city from applying any zoning
requirements that would not permit an ADU up to 800 square feet, in California Government
Code Section 66321. This regulation applies when the home and main residence are proposed
for simultaneously. Therefore, the project must be allowed to proceed without meeting the
private recreation space requirement as long as there is no impact to other Coastal Resources.
The choice to take advantage of this ADU provision, which is intended to ensure an ADU of at
least 800 square feet can be added to a developed site with an existing main residence, can
be utilized with a proposed residence to bypass the private recreation space requirement. So
long as the ADU’s ground floor footprint, and not the ground floor footprint of the main
dwelling, is the area of construction that is preventing compliance with the private recreation
space requirement. If in the future variances to expand deck space further into setbacks or
reducing lot coverage are proposed, the permit history will make findings of unique
circumstances difficult to make.
e. Permitted Intrusions into Required Yards. Each unit shows a protrusion into a required yard,
containing internal stairs and elevators. Although CMC 21.46.120 states that stairways,
balconies and fire escapes can intrude into a required yard up to two feet. This allowance for
intrusion is applied to external stairs and elevators are not included in the list of allowed
intrusions. Please revise plans so that the staircase and elevator areas comply with setback
requirements.
5. CEQA. An Environmental Impact Report was adopted for a previous project on this site, which
disclosed that the existing structure is a historical resource, as defined by CEQA, and identified certain
measures to mitigate this significant impact of demolishing the existing structure. This adopted EIR
will likely could be utilized to address CEQA requirements for this project, with documentation needed
to establish that the EIR is adequate to identify and address the impacts of this project. This will
include documentation and conditions to ensure mitigation measures are satisfactorily implemented,
including those that will require a mechanism to ensure they remain in perpetuity. Some additional
fees and processing time may be required to establish this adequacy, compared to projects eligible
for CEQA exemption. Some additional technical studies or analysis may also be required.
6. SB 330 Streamline Application Process. 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. The city’s SB-330 information bulletin can be found
online at:
https://www.carlsbadca.gov/home/showpublisheddocument/8166/637725763890630000
7. Landscaping. Prior to a formal submittal of the project, conceptual landscape exhibits shall be
prepared in accordance with the General Requirements listed in Section 3 of the City of Carlsbad
Landscape Manual. All relevant information pertaining to the landscaping requirements and physical
PRE 2025-0037 (DEV 2025-0047) – RINCON GARFIELD ST
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barriers such as walls or fences must be plotted, labeled, and provide dimension and material details
within the exhibits. The Landscape Manual may be obtained at the Planning Division front counter or
found online at:
https://www.carlsbadca.gov/home/showdocument?id=7032
8. 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://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. Inclusionary Housing. The project is subject to the City’s Inclusionary Housing Ordinance, CMC Chapter
21.85 Please see informational bulletin (IB-157) linked below.
https://www.carlsbadca.gov/home/showpublisheddocument/9634/637897580094270000
10. Coastal Zone Appeal Jurisdiction: The property is located within the California Coastal Commission’s
Appeals Jurisdiction. Therefore, the city of Carlsbad has permit authority. However, because the
project is located within the appeals jurisdiction, the project is subject to potential appeal by the
California Coastal Commission.
Land Development Engineering:
1. Please contact Nick Gorman in the Transportation Division at Nick.Gorman@carlsbadca.gov, a division
of the Public Works Department, to determine if a Scoping Agreement is required. Scoping
Agreements are used to determine if a Local Mobility Analysis (LMA) is required and the scope of
analysis. If an LMA is deemed necessary, first, work with Transportation Division staff to obtain an
approved scoping agreement. After the scoping agreement has been approved, submit the approved
Scoping Agreement as an appendix within the LMA that is to be prepared per the most recent
Transportation Impact Analysis Guidelines.
2. After the scoping agreement has been approved or deemed not necessary by the Transportation
Division, submit a completed Transportation Analysis Need Statement Form P-42 to Land
Development Engineering at LandDev@carlsbadca.gov prior to discretionary application submittal. If
an LMA has been deemed not necessary by the Transportation Division, please provide
correspondence from the Transportation Division indicating one is not required.
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3. Please 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.
4. Please provide a Preliminary Title Report (current within the last six (6) months).
5. Please annotate and delineate all existing easements and encumbrances listed in the Preliminary Title
Report on the site plan. If any vacations or quitclaims are planned with this development annotate
on the site plan.
6. A preliminary geotechnical report is required to evaluate the feasibility of the project. Guidelines for
preliminary geotechnical studies are available on the City of Carlsbad Engineering website.
7. Per CMC15.16.060 this project will require a grading permit and grading plan.
8. A separate improvement plan for work within the right-of-way is required for this project.
9. This project shall utilize City of Carlsbad Survey Control Network established on Record of Survey
Map 17271, NAD83, Zone VI, 1991.35 Epoch for horizontal control and NGVD 29 datum for vertical
control per City of Carlsbad Engineering Standards.
10. Please delineate and annotate the limits of grading. Include remedial grading quantities on the plan.
11. Please delineate and annotate approximate topographic contours for existing and proposed
condition. Provide 1-foot contours for slopes less than 5%; 2’ intervals for slopes between 5% and
10%, and 5’ intervals for slopes over 10%. Extend contours a minimum 25 feet beyond the project
boundary.
12. Please indicate the earthwork quantities (cut, fill, import, export, remedial) proposed for the project
in cubic yards.
13. Please delineate all 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. Indicate maximum height of
retaining wall measured from bottom of footing to top of wall and maximum height measured from
finish surface to top of wall.
14. Please provide a cross section to show the existing and proposed ground, the proposed wall, the
footing and remedial excavation.
15. Please delineate the location of all existing and proposed buildings, walls, fences and permanent
structures onsite and within 25 feet of the site.
16. The project frontage has been identified in the city’s inventory as a vacant planting site. Please
coordinate with the parks and recreation department for planting requirements per Section 11.12 of
the Carlsbad Municipal Code for additional information.
17. Please show proposed parcel/lot lines on the site plan. Provide proposed parcel/lot areas. This project
is proposing a subdivision to create 2 parcels. A TENTATIVE PARCEL map is required.
18. Please delineate and annotate all proposed driveways and driveway widths.
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19. All transformers and electrical facilities solely serving this project site shall be located on site and
outside of the public right-of-way
20. Please obtain a letter from SDG&E confirming their approval of the proposed transformer location
and stating that no additional off-site facilities will be necessary for this project. Please also include
all existing and proposed dry utilities and the services that will supply power to the proposed
transformer.
21. 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.
22. Please locate fire service, backflows, potable and recycled water services, meters, landscape
irrigation services, and sewer laterals for the new development in compliance with City of Carlsbad
Engineering Standards requirements.
23. Please provide multiple cross-sections of the site to demonstrate differences in grade from adjacent
properties, existing and proposed grades on-site, fences and location of structures on-site and on
adjacent properties.
24. A 3” AC grind and overlay is required for FULL WIDTH OF BEECH AVE, AND HALF WIDTH OF GARDIELD
STREET
25. Per 20.28.020 of the Carlsbad Municipal Code, panhandle-shaped lots shall have a minimum
frontage of 20 feet on a dedicated public street or publicly dedicated easement accepted by the city.
Panhandles may not serve as access to any lot except the lot of which the panhandle is a part.
26. Please plot the proposed driveway serving the panhandle lot. Per Section 21.10.100 of the Carlsbad
Municipal Code, a minimum 14-foot-wide paved driveway must serve the lot. In addition, the
driveway can only serve the panhandle lot, not the lot that has the existing house on it. Therefore,
the portion of existing driveway encroaching onto the non-panhandle lot will need to be removed.
Show how a separate driveway access will be provided to the non-panhandle lot.
27. This project requires an encroachment agreement for proposed SIDEWALK UNDER DRAIN in the
PUBLIC RIGHT-OF-WAY. Please remove all private improvements, such as the retaining wall out of
the PUBLIC RIGHT-OF-WAY.
28. Please 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.)
29. This project requires off site grading and improvements. Please submit a copy of a recorded
easement or an agreement for the offsite work from the owners of the affected properties with
your application for a discretionary or grading permit.
30. This project will require an 8-foot sidewalk along Beech Avenue. Additionally, vertical realignment
may be necessary on the western edge of the proposed sidewalk to allow for the future extension of
the public sidewalk westward to the intersection of Beech Avenue and Ocean Street.
31. Please address the comments on the attached redlined plan.
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32. 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.
Housing & Homeless Services:
1. Existing Residential Units – Existing residential units exist on the property and therefore is subject to
the Government Code Section 66300, 66300.5, 66300.6 (“Housing Crisis Act”). The proposed project
must replace the housing units in accordance with the above-mentioned state laws. The application
must provide information about the property and existing and/or former tenants. The Housing and
Homeless Services Department will contact each resident to complete the Housing Declarations
Income Certification Form (P-38B) and determine their income and applicable replacement housing
requirements.
Additionally, applicant must complete Housing Declarations Form (P38) Form describing the existing
units, including the number of bedrooms of each unit, and proposed housing units including the
number of bedrooms of each unit.
2. Inclusionary Requirement –Project is subject to Carlsbad Municipal Code Chapter (CMC) 21.85.
If you would like to schedule a meeting to discuss this letter with the commenting departments, please
contact Kyle Van Leeuwen at the number below. You may also contact each department individually as
follows:
• Planning Division: Kyle Van Leeuwen, Senior Planner, at (442) 339-2611
• Land Development Engineering: Jose Sancez, Project Engineer, at (442) 339-5486
• Building Division: Shawn Huff, Building Official, at (442) 339-5338
• Fire Department: Randy Metz, Fire Inspections, at (442) 339-2661
• Housing & Homeless Services, Nicole Piano-Jones, at (442) 339-2191
Sincerely,
ERIC LARDY, AICP
City Planner
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c: 2685 Garfield LLC, Attn: Kevin Dunn, 5315 Avenida Encinas, Suite 200, Carlsbad CA, 92008
Jose Sanchez, Project Engineer Laserfiche/File Copy Data Entry
Attachments: A – Engineering Redline Plans (PDF)