HomeMy WebLinkAboutPRE 2019-0007; LAGUNA LOT SPLIT; Admin Decision LetterAugust 26, 2019
Brett Farrow
125 Mozart Avenue
· Cardiff, CA 92007
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8FILE COPY
SUBJECT: PRE 2019-0007 (DEV2019-0056) -LAGUNA LOT SPLIT
APN: 155-221-12-00
Dear Mr. Farrow,
{"cityof
Carlsbad
Thank you for submitting a preliminary review application for a residential subdivision and development
project proposed at 570-580 Laguna Drive. The subject property, an approximately 31,344-square-foot
parcel (21,162 sq. ft. net), currently is developed with a 1,511-square-foot one-story single-family home
overlooking the Buena Vista Lagoon and a. 1,600-square-foot one-story medical office building fronting on
Laguna Drive. A parking lot with nine (9) parking spaces separates the residential and office structures.
As it relates to these existing structures, the preliminary review proposes to keep the single-family home,
office and parking.lot on one (1) newly created lot, identified as the East Lot, and develop residential units
on a second newly created lot, identified as the West Lot. Between the lagoon and the West Lot, the
subdivision is also proposing a new Open Space Lot over an area that is subject to a 100-foot-wide wetland
buffer. On the West Lot, two residential options are being proposed. Option 1 includes development of
three (3) duplex buildings with a total of six (6) residential airspace condominium units. Option 2
incorporates the addition of two (2) accessory dwelling units attached to Units 3 and 6 for a total of eight
(8) units. The proposal is that one (1) of these eight (8) units would be "very affordable." Surrounding
development includes Buena Vista Lagoon to the north, three-story multiple-family residential to the
south, one-story office and one-story single-family residential to the east, and one-story office to the west.
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: Village (V)
b. Zoning: Village Review (V-R)
Community & Economic Development
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
PRE 2019-0007 (DEV2019-0056)-LAGUNA LOT SPLIT
August 26, 2019 "••···~
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c. Coastal Zone: The project site is located within the Coastal Zone and 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. The property is
located within the California Coastal Commission's Appeals Jurisdiction, which means the
project can be appealed to the Commission.
d. Master Plan: The project site is located within an area of the city that is governed by a master
plan. In the case of this proposal, the new Carlsbad Village and Barrio Master Plan, while not
yet adopted in the Coastal Zone by the Coastal Commission, has been used for city review
based on the timing of the Coastal Commission's expected approval of the document and
because the applicant is referencing this document on the plans. The Master Plan is divided
into several districts. This property is specifically located within the Village Center (VC)
District.
2. The project requires the following permits:
a. Carlsbad Tract Map (CT)
b. Site Development Plan (SDP)
c. Coastal Development Permit (CDP)
d. Hillside Development Permit (HDP)
e. Habitat Management Permit (HMP)
3. New forthcoming requirements related to the city's Climate Action Plan (CAP) will likely impact
development requirements of this project. A formal application submittal will need to include a
completed CAP Checklist (Form P-30) to determine what requirements will apply to the project.
New CAP requirements are related to energy efficiency, photovoltaic, electric vehicle charging,
water heating and traffic demand management requirements, as set forth in City Council
Ordinance Nos. CS-347, CS-348, CS-349 and CS-350 and City Council Resolution No. 2019-024
which are available on the city's website at the following address:
http://www.carlsbadca.gov/services/depts/pw/environment/cap/ordinances.asp
To the extent that some or all of the new CAP 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. CAP
requirements may impact, but are not limited to, site design and local building code requirements.
Once adopted as part of Title 18 and in effect, plans submitted for grading or building permits
must demonstrate compliance with the new CAP requirements. If incorporating new CAP
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.
4. A residential density bonus project, such as that being proposed in Option 2, is subject to Carlsbad
Municipal Code (C.M.c.) Chapter 21.86.
5. Option 2, which is proposing Accessory Dwelling Units (ADUs) as part of Unit 3 (Unit 3A, Sheet
Al.lA) and Unit 6 (Unit 6A, Sheet Al.2A) cannot be approved per C.M.C. Section 21.04.121
because an ADU is a residential unit that contains all of the following; 1) located on a lot zoned
for residential use, and the lot contains a single one-family dwelling and no other dwelling; and 2)
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either detached from or attached to a one-family dwelling, or converted from the existing space
of a one-family dwelling or accessory structure; and 3) a dwelling that provides complete
independent living facilities for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation. No further comments are provided regarding the Option
2 proposal.
6. With the subdivision of land, the proposed East Lot is considered a part of the project and must
comply with all current city standards and regulations. First, the existing one-family dwelling is
not a permitted use in the VC District. Second, the existing mix of uses on the East Lot (i.e. two
buildings consisting of a single-family home and office building) are considered legal non-
conforming in that they do not meet the definition of mixed~use per the Carlsbad Village and
Barrio Master Plan and the newly created lot falls well below the minimum density of 28 dwelling
units per acre. Therefore, staff could not support the lot split.
7. Detailed architectural elevations and floor plans are required as part of a formal submittal. Please
review the Area-Wide Design Guidelines (Chapter 2.8) of the Carlsbad Village and Barrio Master
Plan. Be sure to also reference the Area-Wide Standards (Chapter 2.6) and Village Center (VC)
Supplemental District Standards (Chapter 2.7.1). No architecture was proposed as part of this
preliminary review; therefore, no comments pertaining to the review of project architecture have
been provided.
8. The second floor of Unit 6 shows a balcony projecting over the property line and into the public
right-of-way. This would not be permitted and must be revised to comply with required setbacks.
9. The project is proposing four-story buildings. Please review the Village Center Supplemental
District Standards Section 2.7.1.G.3 as it relates to maximum building height and design of the
fourth floor in relation to the footprint of the floor below.
10. Technical Studies/Exhibits. The following technical studies/exhibits would be needed with a
formal submittal:
a. Biological Study. A formal submittal of this project will need to include a biological study of
the site demonstrating compliance with the City of Carlsbad's Habitat Management Plan
(HMP) and Guidelines for Biological Studies. If the site contains any occupied Coastal Sage
Scrub (CSS), it is strongly suggested that protocol surveys be conducted, if not already done,
in a February/March period to adequately survey for the presence of nesting gnatcatchers.
Surveys conducted outside of this nesting period may only observe presence/absence of
gnatcatchers and may not be accepted as adequate for purposes of CEQA and LCP
compliance.
b. Jurisdictional Wetlands Delineation. Conduct jurisdictional wetlands delineation if any
wetland or ripc1rian habitat occurs on the property. Wetlands within the Coastal Zone must
be delineated following the definitions and boundary descriptions in Section 13577 of the
California Code of Regulations.
c. Geotechnical/Soils Report. In addition to the typical submittal requirements of a preliminary
geotechnical/soils report, please be sure to also address specific requirements listed under
the Coastal Resources Protection Overlay Zone (C.M.C. Chapter 21.203). More specifically,
pursuant to C.M.C. Section 21.203.040.C -Landslide and Slope Instability, developments
within five hundred feet of areas identified generally in the PRC Toups report, Figure 8, as
containing soils of the La Jolla group (susceptible to accelerated erosion) or landslide prone
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11.
12.
13.
areas shall be required to submit additional geologic reports containing the additional
information required in the Coastal Shoreline Development Overlay Zone. Additionally,
pursuant to C.M.C. Section 21.203.040.D -Seismic Hazards, development in liquefaction-
prone areas shall include site-specific investigations addressing the liquefaction problem and
suggesting mitigation measures. New residential development in excess of four units,
commercial, industrial, and public facilities shall have site-specific geologic investigations
completed in known potential liquefaction areas.
d. Constraints Map/Analysis. Pursuant to LCP Policy 3-2 for Buena Vista Lagoon, topographic
and vegetation mapping and analysis, as well as soils reports, will be required as part of the
coastal development permit application. Such information shall be prepared by qualified
professionals and in sufficient detail to enable the city to locate the boundary of wetland and
upland areas and areas of slopes in excess of 25 percent. Topographic maps shall be
submitted at a scale sufficient to determine the appropriate developable areas, generally not
less than a scale of 1" -100' with a topographic contour interval offive feet and shall include
an overlay delineating the location of the proposed project. (See also Coastal Zone Hillside
Development Regulations, C.M.C. Section 21.95.140.A).
e. Cultural Resources/Paleontological Studies. The development of the proposed project will
require excavation in an area of the city known to have a high sensitivity as it relates to
architectural history and both archeological and paleontological resources. Please direct your
consultant to the recent adoption of the city's Tribal, Cultural and Paleontological Resources
Guidelines. Please note that any archeological pedestrian survey of the site for the cultural
resources study shall include a Native American monitor during the survey. Review of the
Guidelines may be obtained at the Planning Division front counter or found on line at:
http://www.carlsbadca.gov/services/depts/planning/codes.asp
HMP and LCP Requirements. The HMP (please make sure to reference specific additional
measures for properties located within the Coastal Zone on pages D-114 through D-120 that
modify some other provisions of the HMP) and the Mello II Segment of the LCP may be obtained
at the Planning Division front counter or found on line at:
http://www.carlsbadca.gov/services/depts/planning/codes.asp
Buena Vista Lagoon Access Trail. Pursuant to Policy 7-6 of the Mello II Segment of the· LCP, an
access trail shall be provided along the southern shoreline of the Buena Vista Lagoon to facilitate
public awareness of the natural habitat resources of the lagoon. To protect the sensitive
resources of this area, access development shall be limited and designed in consultation with the
State Department of Fish and Wildlife. In permitted development of properties adjacent to the
lagoon (See Exhibit 4.5), offers of dedication of lateral accessways, irrevocable for a term of 21 _
years, shall be required to be provided to the City of Carlsbad, State Coastal Conservancy, or other
appropriate public agencies. Such access dedications shall be of at least 25 feet in width upland
from environmentally sensitive areas and any required buffers thereto. In addition, the City of
Carlsbad, State Coastal Conservancy, and Wildlife Conservation Board shall seek to obtain lateral
accessways across developed lands.
Wetland Buffer. Pursuant to LCP Policy 3-2 for Buena Vista Lagoon, development shall be
clustered to preserve open space for habitat protection. Minimum setbacks of at least 100 feet
from wetlands shall be required in all development, in order to buffer such sensitive habitat areas
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from intrusion unless otherwise permitted pursuant to Policy 3-1.12. Such buffer areas, as well
as other open space areas required in permitted development to preserve habitat areas, shall be
permanently preserved for habitat uses through provision of an open space easement as a
condition of project approval.
14. HMP Adjacency Standards. The property is adjacent to an HMP hardline preserve area (Buena
Vista Lagoon). The project site will be subject to the adjacency standards of the HMP (see HMP
sections F-16 through F-24). The biological study and proposed exhibits will all need to
demonstrate how the project complies with these standards.
15. Conceptual Landscape Plans. Prior to a formal submittal, conceptual landscape exhibits 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, at a minimum, shall include a·
Conceptual Landscape Plan; Conceptual Water Conservation Plan; Conceptual Fire Protection
Plan; and a Conceptual Landscape Maintenance Responsibility Exhibit (private or common). Be
sure to add all relevant information pertaining to the HMP Adjacency Standards. Be sure the
extent of the Jurisdictional Wetland Delineation is clearly mapped and labelled appropriately.
Pursuant to HMP Policy 7-11, buffer areas that do not contain native habitat shall be landscaped
using native plants. Be sure to identify such plantings. Signage and physical barriers such as walls
or fences shall be required to minimize edge effects of development. Be sure to plot, label and
detail any such items within the exhibits. The Landscape Manual may be obtained at the Planning
Division front counter or found on line at:
16.
17.
http:ijwww.carlsbadca.gov/civicax/fi1ebank/blobdload.aspx?Blob1D=24086
Hillside Development. Unless exempt pursuant to C.M.C Section 21.95.040, no person shall grade,
erect, or construct into or on top of a slope which has a gradient of fifteen percent or more and
an elevation differential greater than fifteen feet without first obtaining a hillside development
permit (HDP) pursuant to C.M.C. Chapter 21.95. The project site includes a change in grade
elevation greater than 15 feet, slopes greater than 15 percent, and is not exempted under: C.M.C.
Section 21.95.040; therefore, an HDP is required. The project will need to demonstrate
conformance with the Hillside Development Regulations and Hillside Development & Design
Guidelines. As part of a formal submittal, please be sure that project exhibits address all
requirements listed under C.M.C. Section 21.95.130 -Hillside Mapping Procedures and C.M.C.
Section 21.95.140 -Hillside Development and Design Standards.
lnclusionary Housing. The residential portion of the project is subject to the City's lnclusionary
Housing Ordinance, CMC Chapter 21.85. Where Option 1 is proposing less than seven (7) units,
the inclusionary housing requirement may be satisfied through payment to the city of an in-lieu
fee. In-lieu fees are collected per market-rate unit. The in-lieu fee, which is subject to periodic
change, is currently set at $4,515 per unit.
Applicant Questions followed by Staff Responses:
18. Clarification and verification the "clear zone' provided meets the requirements of site planning
2.6.1, 4. a & b [Carlsbad Village and Barrio Master Plan] at the driveway.
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Staff Response:
The "clear zone" that is provided on the plans appears to meet the standards outlined. As part of
a formal submittal, please be sure to plot the two isosceles right triangles that form each "clear
zone" and dimension the minimum 7.5 foot sides.
19. Verification of proposed parking including use of compact spaces, parallel space arrangement and
use of lifts.
Staff Response:
Lifts are considered a suitable parking option per Table 2-4 (pg. 2-25) of the Carlsbad Village and
Barrio Master Plan. Please ensure adequate ceiling clear space per lift manufacturer
recommendations. Please provide cross sections through each garage. No compact spaces are
allowed and need to be removed. Parallel spaces must meet minimum parking standard
dimensions for parallel spaces as discussed in C.M.C. Chapter 21.44. The proposed parallel
parking space would not be required and adds to the congestion of this site, especially for vehicle
back-up and maneuvering. It is recommended that this space and all proposed compact spaces
be removed.
20. Verification of allowable residential use types in regards to parking requirements (multi-unit
condominium vs. two-family dwelling).
Staff Response:
The proposed configuration appears to meet the definition of two-family dwellings in an airspace
condominium format. It would need to be further clarified, but Units 1 and 2, Units 3 and 4, and
Unit 5 and 6 appear on the plans to be attached to one another, but separated into three
individual buildings. Parking for two-family dwellings would be required. Section 2.6.6, beginning
of pg. 2-22, of the Carlsbad Village and Barrio Master Plan covers parking requirements. Visitor
parking is NOT required in the VC District (pg. 2-22). The proposed parallel parking space would
not be required and adds to the congestion of this site, especially for vehicle back-up and
maneuvering. It is recommended that this space be removed.
21. Any other issues or requirements that apply.
Staff Response:
The 12-foot clear height under pass at Unit 6 should be further reviewed with the Fire
Department.
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
http://www.carlsbadca.gov/services/depts/planning/default.asp. You may also access the
General Plan Land Use Element and the Zoning Ordinance online at the website address shown;
select Department Listing; select Planning Home Page. Please review all information carefully
before submitting.
Land Development Engineering:
1. Process a tentative subdivision map to create three (3) lots and either six (6) or eight (8) airspace
condominium units. ·
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2. The proposed east lot is considered a part of the project and must comply with all current city
standards and regulations. As part of the discretionary application include the east lot in all plans,
project descriptions and summary tables, reports and calculations.
3. A completed city's Storm Water Standard Questionnaire, E-34 Form, will be required as part of
the discretionary application. Currently, it is unknown if your project is subject to the "Standard
Project" requirements or "Priority Development Project" requirements. It appears the west lot
qualifies as a Priority Development Project (PDP) and would require a submittal of a preliminary
Storm Water Quality Management Plan (SWQMP). It is unclear if the east lot is also subject to
"Priority Development Project" requirements. The SWQMP must demonstrate compliance with
the pollutant control and hydromodification requirements in accordance with the City of Carlsbad
BMP Manual. Use the City of Carlsbad SWQMP template for priority development projects
available in the City website.
4. · A preliminary hydrology study will be required to determine the pre-development and post-
development discharge flows. Provide preliminary recommendations on the proposed storm
\ drain system to serve this project and to mitigate any increase in flows.
5. A completed Scoping Agreement for Transportation Impact Analysis (TIA) Report will be required
as part of the discretionary application. The agreement is attachment "A" in the TIA guidelines
and will determine the level of report required to meet the TIA guidelines. The TIA guidelines are
available on the City website.
6. Provide a preliminary Geotechnical study that identifies feasibility and recommendations for the
proposed development including design recommendations for the proposed pollutant control
BMPs and hydromodification facilities.
7. The trees along the Laguna Drive frontage are included in the city's street tree inventory. Indicate
on the site plan that they are to remain or contact Trees Supervisor Morgan Rockdale (760) 434-
2985 to obtain information on the city council/ordinance criteria for the authorized removal of
inventoried street trees.
8. Show the location of the existing and proposed fire services, sewer laterals, water services and
water meters with backflow preventers for both west and east lots.
9. Show the location of the proposed grading, retaining walls, method of drainage, storm drain,
BM P's etc. to serve the prnject.
10. Add the ADT, water demand, sewer generation and parking requirements for the existing
commercial building and single-family residence to the general notes and summary tables.
11. For the east lot, please plot the following:
a. A new driveway on Laguna Drive to comply with ADA standards.
b. A new drive aisle with a minimum width of 20 feet.
c. Parking lot improvements to comply with city standards including such items as parking space
striping, ADA parking space, landscape islands, turnaround for the existing single-family
residence, etc.
12. Address cross lot drainage from the east lot onto the west Lot.
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13. The east lot is not in compliance with section 20.16.0lO(H) of the city's municipal code.
14. An additional dwelling unit (ADU) shown on Option 2 is not allowed per Section 21.04.121 ofthe
Carlsbad Municipal Code.
15. Remove the second level balcony that encroaches into the public R.O.W. of Laguna Drive.
16. Plot the turnaround for a passenger car for Units 1, 2 and 3.
17. Address the parking conflict between the two surface parking spaces in front of unit 1.
18. Address the inadequate clearance from the surface parking spaces for units 4 and 5 to the
buildings and front doors.
19. Provide a letter from SDG&E in which the clearance, less than 1 foot, between Unit 6 and the
SDG&E transformer is acceptable.
20. Clearly plot Units 7 and 8 of Option 2, it's unclear where these units are located.
21. Provide multiple cross-sections of the site to demonstrate differences in grade, including adjacent
properties and adjacent streets.
Building:
1. No comments.
Fire Department:
1. No concerns related to access.
2. The buildings will need NFPA13 fire sprinklers due to the lack of separation.
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 (760) 602-4643.
• Land Development Engineering: Tim Carroll, Project Engineer, at (760) 602-2737.
• Building: Mike Peterson, Building Official, at (760) 602-2721.
• Fire Department: Randy Metz, Fire Inspections, at (760) 602-4661.
Sincerely,
DON NEU, AICP
City Planner
DN:JG:dh
Attachments:
c:
1. LDE Redlines
1. Virginia H. Murphy Trust, 1737 Rogue Isle Court, Carlsbad, CA
3. Fire Prevention
2. nm Carroll, Project Engineer
4. HPRM/File Copy