HomeMy WebLinkAboutPRE 2025-0049; 4 PLUS 1 LUXURY LIVING; Admin Decision LetterOctober 8, 2025
MANISH K PANDEY
6876 SEASPRAY LN
CARLSBAD, CA 92011
SUBJECT: PRE 2025-0049 (DEV15066) -4 PLUS 1 LUXURY LIVING
APNs 203-351-03-00
Dear Mr. Pandey,
{city of
Carlsbad
Thank you for submitting a preliminary review application proposing to convert a previously approved
four-story mixed-use project with 1,105 square feet of commercial on the ground floor, and four
apartment units on the levels above (RP 15-16 / CDP 15-37 -4 Plus 1 Luxury Living, approved on January
10, 2017) from apartments to condominiums (4 residential units and 1 commercial unit). The
approximately 0.16-acre project site is located at 3050 Madison Street (Assessor Parcel Numbers 203-
351-03-00). The project site currently is in a state of construction having already demolished a one-
story, two-unit residential building, and having initiated grading operations.
The project description, included with the preliminary review application, describes the proposed
development as follows:
• Ground Level, Retail Unit, Street Facing, 1,000 square feet.
• Ground Level, Parking Garage with 10 parking spaces, 5,039 sq. ft., alley accessed, gated entry.
• Ground Level, Common Area, 524 sq. ft.
• Second Level, Res. Unit 1, 2,508 sq. ft. of living area (2 beds, 2½ baths), 605 sq. ft. of storage.
• Second Level, Common Area, 851 sq. ft.
• Third Level, Res. Unit 2, 1,577 sq. ft. of living area (2 beds, 2 baths).
• Third Level, Res. Unit 3, 1,814 sq. ft. of living area (3 beds, 2½ baths), 172 sq. ft. deck.
• Third Level, Common Area, 370 sq . ft.
• Fourth Level, Res. Unit 4, 2,906 sq. ft. of living area (4 beds, 3 ½ baths), 594 sq. ft. deck.
• Fourth Level, Common Area, 144 sq. ft.
• Total building area equal to approximately 18,104 sq. ft.
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,
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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and standards may be in effect and additional issues of concern may be raised through a more specific
and detailed review.
Planning Division Comments:
General
1. General Plan and zoning designations for the property are as follows:
a. General Plan: Village-Barrio (V-B)
b. Zoning: Village-Barrio (V-B)
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 for the site are
consistent with the City's General Plan Land Use and city-wide Zoning Map. While located in the
Coastal Zone, the project site is not located within the California Coastal Commission's appeals
jurisdiction, which means the city's decision on the project would be final at the City Council.
d. Master Plan: The project site is located within the Village Center (VC) District of the Carlsbad
Village & Barrio Master Plan (VBMP) adopted October 2019. Mixed-use residential with ground
floor retail is permitted in the VC District. Please be aware that the project site is subject to the
VBMP, Figure 2-2-Use Restriction Map showing streets along which certain use are not
permitted on the ground floor street frontage.
2. The project requires the following permits:
a. Tentative Tract Map (CT). A CT will be required for a one lot subdivision with five (5) air-space
condominium units consisting of four (4) residential units and one (1) ground floor street facing
retail unit. Onsite landscaping, hardscaping, parking stalls, common recreation areas, etc., will all
need to be held in common and managed by an owner's association as condition of approval.
b. Site Development Plan (SDP). An SDP is required for any new construction of 5,000 square feet
or more than four dwelling units pursuant to the provisions outlined within Section 6.3.3(8) of
the VBMP (p. 6-4). Per the VBMP the City Council is the decision maker for the SDP. As the
building is not constructed as condominiums, a full new entitlement would be required.
c. Coastal Development Permit (CDP). A CDP is required pursuant to Carlsbad Municipal Code
(CMC) Section 21.201.030 where the applicant wishes to undertake a development (define in
CMC Section 21.04.107) located in the coastal zone. Any subdivision is a Coastal Development
Permit, so even if the CT was pursued later, at least a CDP would need to be required.
Together, the CT, SDP and CDP will require a recommendation from the Planning Commission and
approval by the City Council at separate public hearings.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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3. The previously approved project (January 10, 2017) precedes the adoption of the City of Carlsbad's
Village & Barrio Master Plan (VBMP), adopted October 2019. To covert from apartments to
condominiums, the project will need to be redesigned/updated and determined consistent with the
VBMP. A link to the VBMP can be found on the Planning Division's Website:
https://www.carlsbadca .gov/home/showpublisheddocument/15621/638865445621170000
The project will also need to be redesigned/updated and determined to be consistent with the City
of Carlsbad's Village & Barrio Objective Design Standards (ODS). The city has prepared an
Informational Bulletin (IB) regarding the subject matter. The following link will take you to IB-302,
which also includes links to various references and requirements to help guide you with a redesign:
https ://www .ca rlsba dca .gov /home/s howpu b I is hedd ocu me nt/ 183 33 /6386034587 863 70000
Please note that there are now specific architectural styles associated with the various subdistricts
of the VBMP. The staff report for the previously approved mixed-use project characterized the
architecture as California Contemporary. This architectural style is allowed in the Village Center (VC)
District for both large and small mixed-use projects; however, it has a very specific design theme,
which the existing project architecture does not appear to match. As part of a new formal
application to covert from apartments (for-rent) to condominiums (for-sale), the project will need to
select an appropriate architectural style that is allowed in the VC District, and the new building
design and structure will need to demonstrate compliance with the selected architectural style and
zoning requirements.
4. Off-street Parking will need to reflect the Village & Barrio Master Plan Parking Requirements (VBMP,
Section 2.6.6 -Parking). The following is required for this proposed project:
a. Multiple-family Residential Units with two or more bedrooms requires: "One and a half
spaces per unit. For condominiums, one space must be covered. Tandem parking is
permitted." As such, the residential portion of the project requires: 1.5 x 4 = 6 spaces
(rounded up). Of these, a minimum number of 3 spaces will need to be covered. The project
description describes all spaces as being covered, thus meeting the requirement.
b. Retail/Commercial Business requires: "One space per 415 square feet." As such, the retail
portion of the project requires: 1,000 square 7 415 = 2.4 = 3 spaces (rounded up).
In total, the proposed project would require 9 parking spaces (6-residential spaces+ 3-retail spaces
= 9 spaces). According to the project description associated with the preliminary review application,
the parking garage includes 10 parking spaces with vehicular access provided from the alley.
It is acknowledged that the previously approved project participated in the City of Carlsbad Parking
In-Lieu Fee Program for four (4) commercial parking spaces (see City Council Resolution No. 2017-
009, Attachment A) and the associated fees ($44,960.00) were paid on December 22, 2020). As part
of a new formal application to covert from apartments (for-rent) to condominiums (for-sale), the
Planning Division staff will need to evaluate how reimbursement/crediting of these fees will occur.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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5. Assembly Bill 2097 (AB 2097), effective January 1, 2023, which added Government Code §65863.2,
effectively eliminated parking requirements in new residential and commercial developments when
located within a half mile of a major transit stop. The project is within one-half mile of Carlsbad
Village Train Station and therefore the project qualifies for AB 2097. The intent of AB 2097 is to
provide flexibility for project design, concurrent with planning studies that have shown that parking
should be market driven. Developers could still voluntarily provide onsite parking, but the number of
parking spaces provided will be based on builder preference and market demand, not by city-
established minimum parking standards.
Informational Bulletin, IB-131, AB 2097 Parking Requirements, can be found on the city's website at:
https ://www .ca rls ba dca .gov /home/s howpu bl is heddocu ment/ 12218/638083521809200000
Irrespective of proximity to public transit, state law allows the city to continue to apply minimum
parking standards for electric vehicle (EV) charging stations as well as required parking spaces
accessible to persons with disabilities (ADA). Please determine the number of required EV capable
spaces and EV charging stations, accessible spaces and accessible EV charging stations required
pursuant to CMC 18.21.040, and the California Building Code Title 24 Part 2. Show, dimension and
label the location of these spaces on the plans to show compliance. Please note, EV and ADA spaces
required for retail spaces must be made available to the retail spaces.
6. This preliminary review application did not include a preliminary landscape exhibit(s); and thus, it
was not routed for landscape review. Please note with a formal application submittal, conceptual
landscape exhibits are required and shall be prepared in accordance with the General Requirements
listed in Section 3 of the City of Carlsbad Landscape Manual (February 2016). The exhibit package
shall include a Conceptual Landscape Plan; Conceptual Water Conservation Plan; Conceptual Fire
Protection Plan; and a Conceptual Landscape Maintenance Responsibility Exhibit (private or
common). The Landscape Manual may be found on the city's website at:
https://www.carlsbadca.gov/home/showpublisheddocument/234/637425974086270000
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. Per the Housing Crisis Act of 2019 (SB 330), any project that includes the removal or demolition of a
"protected unit" is required to provide the occupants with 1) relocation benefits (Gov. Code§ 7260
et seq.), and 2) right of first refusal for a comparable unit available in the new housing development.
(Gov. Code§ 66300 (d)(2)(D).) "Protected units" are generally defined by Gov. Code§
66300(d)(2)(E)(ii) as including residential units subject to affordability restrictions, price controls, or
occupied by low income households. The formal submittal of the project will need to include
Community Development Department
Pl anning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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documentation regarding any existing "protected units." The application will require submission of
information related to any units over the last five years. More information is available in
Informational Bulletin IB-199:
https://www.carlsbadca.gov/home/showpublisheddocument/18127 /638581187235670000
9. 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.
All necessary application forms, submittal requirements, and fee information are available at the City's
Planning Division counter located in the Faraday Building at 1635 Faraday Avenue or on line 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 provided above.
Please review all information carefully before submitting your application.
Land Development Engineering Division Comments:
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 the scope of analysis and if a Local Mobility Analysis (LMA) will
be required. 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. Based on a preliminary analysis it appears that this project will be a Standard Project. Please
complete the Standard Project Requirement Checklist, Form E-36, and show all source and site
design BMPs on the conceptual grading and drainage plans.
Community Development Department
Planning Division I 1635 Faraday Avenue I Ca rlsbad, CA 92008-7314 I 442-339-2600
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3. Based on this project's General Plan Land Use Designation, Village-Barrio (V-B), this project is
subject to the City of Carlsbad's Trash Capture requirements. Please incorporate trash capture
measures on the project plans. Please prepare a Preliminary Trash Capture Storm Water Quality
Management Plan, Form E-35A.
4. Please provide a Preliminary Title Report (current within the last six (6) months).
5. Per Section 15.16.060 of the Carlsbad Municipal Code this project will require a grading permit and
grading plan.
6. A separate improvement plan for work within the right-of-way is required for this project.
7. The trees along the Madison Street frontage is included in the city's street tree inventory. Please
indicate on the site plan that they are to remain or to be removed. Proposed removal of street
trees will require approval per Section 11.12.090 of the Carlsbad Municipal Code. Coordinate with
the City's Parks and Recreation Department for additional information.
8. This project is proposing a one lot subdivision with five (5) air-space condominiums consisting of
four (4) residential units and one (1) retail unit. A Tentative Map is required.
9. 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. Submit SDG&E letter with the initial formal application submittal.
10. Please ensure the trash enclosure design is consistent with the City of Carlsbad and Republic
Services standards, see the City's Building Division Form B-76.
11. This project requires an encroachment agreement for proposed sidewalk underdrains in the public
right-of-way.
12. Please plot stopping sight distance at all driveways and corner sight distance at all street
intersections.
13. Although this project was previously approved, the grading plans submitted with this application
have expired. Therefore, updated plans and technical reports will be required to meet current City
of Carlsbad standards and requirements.
Public Works Utilities Design Department Comments:
1. Proposed Ground floor layout shall preserve suitable locations and space for all required utility
connections, meters, and backflow devices in conformance with current Engineering Standards.
Identify locations and detail fire service, water, irrigation, and sewer connections at property line for
the new development in compliance with current Carlsbad Engineering Design Standards. See
redlined enclosure.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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a. Minimum separation between water services and all other wet and dry utilities shall be 5-ft
per Eng. Std. Vol. 2 -Chapter 3.3.10.K.
b. Minimum separation between saddles for water service connections is 2-ft. See CMWD Std
Dwg W-13.
2. Combining commercial and residential sewer into one 6-inch lateral shall require a grease separator
for the commercial space if there is potential for a food service facility to occupy it. Grease separator
for commercial space shall comply with FOG requirements (CMC Chapter 13.06).
Building Division Comments:
1. The California Subdivision Map Act requires that all tenants be notified at least 60 days prior to the
filing of the application. The notice must be worded exactly as set forth in Section 66452.17 (a) and
(b) of the Map Act. Applicant must provide a signed affidavit stating that the 60-day prior
notification has been accomplished, with a sample of the notice attached, when filing with the city.
For all condominium conversions the Form P-2 checklist requires (1) A signed statement by the
owner stating Government Code 66427.1 (Map Act) will be complied with; and (2) A letter from San
Diego Gas & Electric stating that plans to convert the gas and electric system to separate systems
have been submitted and are acceptable.
2. Individual meters for gas and electric metering for each unit.
3. The applicant must bring all structures on the site into conformance with the requirements the
Building, Plumbing, Electrical, Mechanical and Fire Codes as they were modified and in effect at the
time the structures were constructed and with the requirements of those codes in effect at the time
the tentative map or tentative parcel map is approved with regard to things like interior fire
sprinklers; smoke detectors; ADA; railings, guardrails and handrails; etc.
Utilize the 2025 edition of building codes.
4. The applicant must add enclosures to screen trash and recycling storage areas and demonstrate
compliance with new trash enclosure guidelines.
https://www.carlsbadca.gov/home/showpublisheddocument/19315/638688064231370000
Fire & Life Safety Comments:
1. Per the approved AM&M dated May 20, 2025, 2-hour fire-resistant rating floor/ceiling assemblies
are required in each residential unit (see sheets A-04, D-05 for details). Revise plans to illustrate
these requirements and details.
Community Development Department
Planning Divisio n I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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Housing and Homeless Services Comments:
1. Existing Residential Units. Existing residential units exist on the property and the property is located
in the Coastal Zone, therefore is subject to the Government Code Section 65990, which requires
replacement housing for lower-income residents within the Coastal Zone. Additional details
regarding the number and size of units, and the occupants of all existing residential units on the
property are required. Once this information is received, 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.
2. lnclusionary Requirement. This project is subject to Section 21.85.030(A) of the Carlsbad Municipal
Code and requires payment of an in-lieu fee.
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 individually as follows:
• Planning Division: Jason Goff, Senior Planner, at (442) 339-4643
• Land Development Engineering: Jose Sanchez, Associate Engineer, at (442) 339-5486
• Public Works Utilities Design: Markus Mohrle, Associate Engineer, at (442) 339-2322
• Building Division: Mike Strong, Acting Building Official, at (442) 339-2721
• Fire & Life Safety: Felix Salcedo, Assistant Fire Marshal, at (442) 339-2663
• Housing & Homeless Services: Nicole Piano-Jones at (442) 339-2191
Sincerely,
ERIC LARDY, AICP
City Planner
EL:JG:cf
Attachment(s):
1. PW-Utilities, Red lined Civil Sheet 3 of 7
c: Jose Sanchez, Land Development Engineering
Shannon Harker, Project Planner (RP 15-16/CDP 15-37 -4 Plus 1 Luxury Living)
Laserfiche/File Copy
Data Entry
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600