HomeMy WebLinkAboutPRE 2021-0002; BAKER PARCELS; Admin Decision LetterMarch 15, 2021
Greg Goertzen
2382 Terraza Ribera
Carlsbad, CA 92009
SUBJECT: PRE 2021-0002 (DEV2021-0026) -BAKER PARCELS
APN: 215-070-43-00/215-070-45-00/215-070-23-00
Ccityof
Carlsbad
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Thank you for submitting a preliminary review for three residential subdivision concepts on three separate
parcels (APNs 215-070-43-00 and 215-070-45-00). On APN 215-070-43-00, there are two development
concepts that include: 1) a nine, single-family residential subdivision; and 2) 13 single-family residences
with a request for a density bonus. APNs 215-070-45-00 and 215-707-23-00 proposes a subdivision for
seven single-family homes.
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.
The following applies to each proposal:
1. General Plan and zoning designations for each parcel are as follows:
a. APN 215-070-43-00:
a. General Plan: R-4 Residential, 0-4 units/ac.
b. Zoning: R-1, One-Family Residential Zone.
c. The property is located within Planning Area 'E' of the Zone 20 Specific Plan.
d. The property is in the non-appealable area of the Coastal Zone and located in the
Mello II segment. The Coastal land use designation and zone are the same as the
General Plan and Zoning above.
Community Development
Planning Division J 1635 Faraday Avenue Carlsbad, CA 92008-7314 J 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
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b. APN 215-070-45-00:
a. General Plan: R-4 Residential, 0-4 units/ac.
b. Zoning: R-1, One-Family Residential Zone.
c. The property is located within Planning Area 'E' of the Zone 20 Specific Plan.
d. The property is in the appealable area of the Coastal Zone and located in the Mello II
segment. The Coastal land use designation and zone are the same as the General Plan
and Zoning above.
c. APN 215-070-23-00:
a. General Plan: R-4 Residential, 0-4 units/ac.
b. Zoning: R-1, One-Family Residential Zone.
c. The property is located within Planning Area 'E' of the Zone 20 Specific Plan.
d. The property is in the non-appealable area of the Coastal Zone and located in the
Mello II segment. The Coastal land use designation and zone are the same as the
General Plan and Zoning above.
2. The project requires the following permits and the City Council, and the California Coastal Commission
will be the decision-making authority:
a. General Plan Amendment (GPA)
b. Zone Change (ZC)
C. Specific Plan Amendment (SP)
d. Local Coastal Program Amendment (LCPA)
e. Tentative Map (CT)
f. Planned Unit Development (PUD)
g. Coastal Development Permit (CDP)
h. Hillside Development Permit (HDP)
i. Habitat Management Plan Permit (HMP)
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3. Project Yield/Density. The project site to the south of Poinsettia lane appears to contain steep
slopes and Coastal Sage Scrub (dual criteria slopes). The site is located within the Coastal Zone
and is subject to both the Mello II Segment of the Local Coastal Program (LCP) and the city's
Habitat Management Plan (HMP) as both sites are within a Standards Area. In the event a
biological study indicates potential significant biological constraints, a Planned Development
Permit (PUD) may be necessary to cluster development and preserve habitat in a separate open
space lot or lots based on plotting strategies. All habitat preserved as part of this project that is
placed in a separate lot shall be professionally managed by an appropriate biologica·I land
management entity and maintained, managed, and monitored in perpetuity with an adequate
. funding source, consistent with the HMP. Prior to developing a layout for proposed homes; it is
highly recommended that detailed biological studies and constraints analysis of the property first
be prepared. This is essential for accurately identifying the limits of any required habitat buffers.
It is important to note that grading is considered development and will not be allowed within any
habitat buffer(s). Additionally, the property is located within a Fire Zone; therefore, fire
suppression zones are critical, and their limits must be accurately depicted. Once the limits of
these areas have been accurately mapped, a strategy for plotting residential lots and designing
homes to fit those lots can more accurately be determined, and the exact number of units allowed
on the site will be determined (see comment no. 10).
4. Proposed Density: Both parcels currently have a General Plan Land Use designation of R-4 Residential,
which allows 0-4 dwelling units per acre. In accordance with CMC Section 21.53.230(e)3, if the
maximum density used for calculation results in a fractional number, the unit yield must be rounded
down. Therefore, based on the plans provided for review, the parcel on north side of Poinsettia that
is approximately 1.77-acres, exceeds the maximum density by two units (1.77-ac. x 4 = 7.08, round
down).
5. 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 is finalizing the application form and process for SB 330 Streamline Applications.
Please contact planning@carlsbadca.gov for more information.
6. 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 CAP 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 CMC Chapters 18.21, 18.30 and
18.51 which is available on the city's website at the following address:
http://www.gcode.us/codes/carlsbad/view.php?topic=18&frames=on
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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.
7. lnclusionary Housing.
a. Per CMC Chapter 21.85 -lnclusionary Housing, any residential development with seven
or more units requires 15 percent of the total units approved to be constructed and
restricted as to occupancy and affordability to lower-income households.
b. The project is subject to the affordable housing standards found in CMC Section
21.85.040. The standards include building inclusionary units onsite whenever reasonably
possible, construction of inclusionary units must be done concurrently with market-rate
units, and inclusionary ownership units with a density bonus shall remain affordable to
eligible income buyers pursuant to resale restrictions with a term of 55 years. Please refer
to the most updated code section found in Ordinance No. CS-368, which contains the
entire list of required standards. Ordinance No. CS-368 can be found here:
http://www.qcode.us/codes/carlsbad/revisions/CS-368.pdf
c. For a comprehensive list of provisions regarding inclusionary housing, please refer to CMC
chapter 21.85 for more information.
8. Biological Resources Assessment. A formal submittal of the project will need to include a biological
resources technical report prepared by a registered biologist in accordance with the specific
requirements of CMC Chapter 21.210, the Habitat Management Plan for Natural Communities in the
City of Carlsbad (a.k.a. the Habitat Management Plan (HMP)), and the Mello II Segment of the LCP.
For guidelines on the. required contents of the biological resources technical report, please reference
the "Guidelines for Biological Studies", which can be obtained at the Planning Division's front counter
or referenced online at:
http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?BloblD-24331
The city's HMP may be found on line at:
http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?BloblD-27193
9. Habitat Management Plan. The project site is located within a Standa~ds Area of the HMP with
grassland vegetation, coastal sage scrub, and chaparral. A formal submittal of the project will need to
be consistent with the HMP and is subject to the Local Facilities Management Zone 20 standards
contained within the HMP (see pg. D-80). Please review the HMP Table 11 on page D-113 for
mitigation requirements, and Section 7 on pages D-114 through D-118 for specific requirements
related to development in the Coastal Zone. Properties containing coastal sage scrub within the
Coastal Zone are required to conserve a minimum of 67% of the CSS onsite, and 75% of the
gnatcatchers onsite, and there shall be no net loss of habitat. Furthermore, projects are also required
to provide habitat buffers (see Section 7·11).
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10. Constraints Map/Analysis. Pursuant to Coastal Resource Protection Overlay Zone (CMC Chapter
21.203), 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 any upland habitat
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 of five feet and shall include an overlay delineating the location
of the proposed project. (See also Hillside Development Regulations, CMC Sections 21.95.130 and
21.95.140).
11. Cultural Resources/Paleontological Assessment. The project site is located in an area of known of
high sensitivity for paleontology and archaeological resources. Please submit a cultural resources
assessment prepared by a qualified professional. The study shall comply with the city's Tribal, Cultural
and Paleontological Resources Guidelines. 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. Please see link below for the Guidelines.
https://www.carlsbadca.gov/civicax/filebank/b1obdload.aspx?Blob1D=34010
12. Jurisdictional Wetlands Delineation. Conduct jurisdictional wetlands delineation if any wetland or
riparian 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.
13. Environmental Site Assessment. Please submit a Phase 1 Environmental Site Assessment (ESA). If the
findings of a Phase 1 ESA require preparation of a Phase 2 or a limited Phase 2 ESA, please also submit
this additional report as well.
14. Noise Analysis. The project is required to submit a noise study consistent with the City of Carlsbad
Noise Guidelines Manual to identify the need for any noise attenuation of the building. The guidelines
can be referenced online at:
http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?Blob1D=24094
15. 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 (February 2016). All relevant information pertaining to the Habitat Management
Plan landscaping requirements, signage, and physical 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 on line at:
http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?Blob1D=24086
16. Zone 20 Specific Plan. The project is subject to the land use regulations, development review process,
open space requirements, development standards, architectural standards, and landscaping concepts
in the Zone 20 Specific Plan. Please be aware of the following comments; however, they are not
inclusive of all requirements of the specific plan. Refer to the specific plan document for all
requirements. Please contact Jessica Evans at jessica.evans@carlsbadca.gov for an electronic copy of
Zone 20 Specific Plan.
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a. Open Space: the required setback along Poinsettia Lane is 50 feet and is required for both
parcels.
b. Bicycle/Pedestrian Trails: a trail system constructed by the developer of the property is
required concurrent with the development of any project on the parcel, specifically for
parcel no. 215-070-43-00. The trail must be designed to tie into the existing and future
citywide trail system. Please see Exhibit 10 -Open Space in the Zone 20 Specific Plan for
more information.
c. Recreational Vehicle Storage: all projects shall provide RV parking in accordance with the
following options:
i. Single-Family Detached Subdivisions (7,500 sq. ft. or greater lot): 25 percent of
the units shall be designed to accommodate a RV parking space in the required
side yard. The side yard shall have a minimum level area of 200 square feet within
a width of 10 feet.
ii. Projects with 10 or more units developed under the Planned Development
ordinance must provide an onsite RV storage area which will be maintained by
the HOA.
iii. RV storage can be provided in a commercial RV storage area located within the
Carlsbad's industrial area upon approval of a Conditional Use Permit.
d. In accordance with the Zone 20 Specific Plan and the city's local Coastal Program, the
project sites are identified as agricultural lands as shown on Map "X," and development
will require an agricultural conversion. The conversion of non-prime coastal agricultural
lands is permitted pursuant to three options which are:
i. Option 1-mitigation through a land exchange;
ii. Option 2 -provide an agricultural feasibility study. If option 2 is selected, that
portion of the study area determined to be feasible for continued agriculture, if
any, may be subject to compliance with the provisions of Options 1 or 3; and
iii. Option 3 -pay an agricultural conversion mitigation fee.
For more information, please review the local Coastal Program which is found on line at:
https://www.carlsbadca.gov/civicax/fi1ebank/blobdload.aspx?Blob1D-24088
Map "X" can be found on line at:
https:// cityweb .ca rlsbadca .gov/ civicax/fi le ba nk/b lo bd load .aspx ?Blob ID= 23 619
17. 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
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(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. The Hillside Development & Design Guidelines may be found online at:
http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?BloblD=24084
18. Planned Development. Clustered residential development or projects that require a transfer of
density will require the approval of a Planned Development (PUD), pursuant to CMC Chapter 21.45,
Planned Development Ordinance. The projects will be subject to Section 21.45.060 -General
development standards and 21.45.070 -Development Standards for one-family dwellings and twin-
homes on small lots.
19. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). The project sites are located within
the McClellan-Palomar Airport Influence Area (AIA). New development within the AJA mu.st be
· reviewed for consistency with the adopted land use compatibility plan for the airport. Preliminary
review of the projects against the new ALUCP find the following:
a. Exhibit 111-1-Compatibility Policy Map: Noise. The project sites are 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. The project sites are located entirely within
Safety Zone 6 per Exhibit 111-2. Pursuant to Table 111-2, residential development is compatible
within Safety Zone 6.
c. Exhibit 111-3 -Compatibility Policy Map: Part 77 Airspace Protection. The project sites are
located within the 7:1 Transitional Surface contour of Exhibit 111-3. Formal submittal of this
project would require compliance with the Federal Aviation Administration's (FAA) Federal
Aviation Regulations (FAR) Part 77, Objects Affecting Navigable Airspace. FAA Part 77
regulations require that anyone proposing to construct an object, which could affect
navigable airspace around an airport, submit information about the proposed construction to
the FAA. The FAA will then conduct an aeronautical study, the outcome of which is a
determination as to whether the object would be a potential hazard to air navigation. Any
formal submittals would be required to include a copy of the FAA Part 77 determination.
d. Exhibit 111-4 -Compatibility Policy Map: Overflight. The project sites are located within the
Overflight Notification Area. Pursuant to the ALUCP Policy 3.6 -Overflight Compatibility
Policies for McClellan-Palomar Airport require real estate disclosures and overflight
notification documents to be recorded for residential development.
e. Exhibit 111-5 -Compatibility Policy Map: Airport Influence Area. The project sites are located
within Review Area 2 of the Airport Influence Area. Review Area 2 consists of locations where
noise and/or safety concerns may necessitate limitations on the types of land use actions.
Please see discussions above in subsections "a" and "b."
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f. Exhibit 111-6 -Compatibility Policy Map: Avigation Easement Area and Overflight Notification
Areas. The project sites are located outside of the Avigation Easement Area but is located
within the Airport Overflight Notification Area, which applies to new residential development.
See discussion in subsection "d."
20. Architecture. The project is required to comply with the architectural standards contained within Zone
20 Specific Plan, City Council Policy No. 44 -Neighborhood Architectural Design Guidelines, and City
Council Policy No. 66 -Livable Neighborhoods. The City Council policies may be found on line at:
City Council Policy No. 44:
http://edocs.carlsbadca.gov/HPRMWebDrawer/RecordHTML/392081
City Council Policy No. 66:
http://edocs.carlsbadca.gov/HPRMWebDrawer/RecordHTML/392162
21. Stakeholder Outreach. The projects are subject to City Council Policy No. 84, Development Project
Public Involvement. A notice sign is required to be posted onsite by the applicant and an early public
notice is required to be prepared by the applicant and mailed to all owners within a 600-foot radius
of the property. In addition, enhanced stakeholder outreach and a follow-up summary report are
required. The policy and guidelines can be found online at:
City Council Policy No. 84:
https://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?Blob1D=35578
Guidelines for Project Public Involvement:
https://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?Blob1D=24117
22. Density Bonus.
a. Please refer to the updated density bonus code amendment for a comprehensive list of
requirements, which can be found here:
http://www.gcode.us/codes/carlsbad/?view=desktop&topic=21
b. Density Bonus Application Requirements: Any application requesting a density bonus and
any incentives, waivers, or parking reductions shall submit a Density Bonus Report with
the filing of the formal planning application for the housing development in accordance
with Section 21.86.040, found in the link provided in comment Ga. The Density Bonus
Report shall include the following information:
i. Summary table showing the maximum number of dwelling units permitted by the
zoning and General Plan excluding any density bonus units, proposed affordable
units by income level, proposed bonus percentage, number of density bonus
units proposed, total number of dwelling units proposed on the site, and resulting
density in units per acre.
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ii. A tentative map and preliminary site plan, drawn to scale, showing the number
and location of all proposed units, designating the location of proposed
affordable units and density bonus units.
iii. The zoning and General Plan designation and assessor's parcel number(s) of the
housing development site.
iv. A description of all dwelling units existing on the site in the five-year period
preceding the date of submittal of the application and identification of any units
rented in the five-year period. If dwelling units on the site are currently rented,
income and household size of all residents of currently occupied units, if known.
If any dwelling units on the site were rented in the five-year period but are not
currently rented, the income and household size of residents occupying dwelling
units when the site contained the maximum number of dwelling units, if known.
v. Description of any recorded covenant, ordinance, or law applicable to the site
that restricted rents to levels affordable to very low-income or lower income
households in the five-year preceding the date of submittal of the application.
vi. Please refer to the Density Bonus Supplemental Checklist, form P-l(H), to assist
in the preparation of the required materials and information for the Density
Bonus Report. This form can be found on the city website at:
https:ljwww.carlsbadca.gov/civicax/filebank/blobdload.aspx?Blob1D-4607S
c. Calculation of Density Bonus Units: The calculation for density bonus is taken from the
maximum allowable gross residential density. For this project, the maximum allowed
density per the General Plan and zoning is 4 units per acre. The conceptual plans show an
approximate 1.77-acre lot. With a 1.77-acre lot, 8 units would be the maximum allowed
for the site (1.77 x 4 = 7.08, rounded up). Therefore, one unit set aside for very low-income
is 12 percent of the 8 units, and results in 38.75 percent density bonus. The 38.75 percent
is applied to the maximum density allowed; or 8 units, and results in 3.1 density bonus
units, rounded up to four units for a total of 12 units allowed onsite. The project proposes
13 units, which is more than the allowed maximum density per the density bonus law.
However, please note, if plans are submitted for both parcels as one project, the
calculations for density bonus must include the net acreage and units of both sites.
d. Calculation of lnclusionary Housing Requirement with Density Bonus: The project is
subject to the inclusionary housing ordinance and requires 15 percent of the total
residential units approved to be constructed and restricted both as to occupancy and
affordability to lower-income households. The total units include the density bonus units.
For more information regarding inclusionary unit calculations and standards, please refer
to CMC Chapter 21.85.
e. Incentives/Concessions: When an application proposes incentives or concession for a
housing development, the density bonus report shall include the following minimum
information for each incentive requested and shown on the site plan:
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i. The required development standards and the requested development
standards/incentive.
ii. Reasonable documentation to show that the requested incentive will result in
identifiable and actual cost reductions to provide for affordable housing costs.
iii. Based on the site plan and project description, the proposed project would
receive two incentives/concessions by restricting 12 percent to very low-income
households.
f. Waiver of Development Standards: When an application proposes waivers of
development standards, the density bonus report shall also include the following
minimum information for each waiver requested and shown on the site plan:
i. The required development standard and the requested development standard.
ii. Reasonable documentation that the development standards for which a waiver
is requested will have the effect of physically precluding the construction of the
project at the densities or with the concessions or incentives permitted.
iii. The project proposes five possible waivers of development standards which
includes reductions in lot depth, lot width, lot area, floor area ratio, and lot
coverage. The proposed waivers would be considered if the waivers do not create
an adverse impact upon public health and safety or the physical environment;
however, compatibility with the adjacent uses such as separation and building
massing should be considered in the proposal of waivers to development
standards.
g. Density Bonus in Coastal Zone: In accordance with CMC Section 21.876.070 -Local
Coastal Program Consistency, state density bonus law provides that it shall not supersede
or in any way alter or lessen the effect or application of the California Coastal Act.
Development in the Coastal Zone that includes a request for a density bonus, incentive(s),
waiver(s), parking reductions shall be consistent with all applicable requirements of the
certified Carlsbad Local Coastal Program (LCP) with the exception to density. The project
site is located within the Mello II segment of the coastal zone and must comply with all
polices contained therein.
h. Requested Parking Reduction: If the project proposes parking reductions, the Density
Bonus Report must provide a table showing the parking required by the zoning
regulations, parking proposed under Section 65915, subdivision (p), and reasonable
documentation that the project is eligible for the requested parking reduction.
i. Design and Quality: Affordable units shall be comparable in exterior appearance and
overall quality of construction to the market rate units in the same housing development.
Interior finishes and amenities may differ from those provided in the market rate units,
but neither the workmanship nor the products may be of substandard or inferior quality
as determined by the city. In addition, the number of bedrooms of the affordable units
shall at least be equal to the minimum number of bedrooms of the market rate units.
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Please refer to CMC Section 21.86.100 (found in the updated density bonus ordinance
provided in the link above) for the comprehensive list of housing standards for density
bonus projects.
Applicant Questions followed by Staff Responses:
1. Confirm the reduction/modification to the following development standards would be categorized as
waivers: Jot depth, Jot width, Jot area, floor area ratio, lot coverage, and setbacks.
Staff Response: Reduction or modifications to development standards such as lot depth, lot width,
lot area, lot coverage, floor area ratio, and setbacks would be considered as a waiver to
development standards under density bonus law.
2. Confirm that a waiver could be used to create a private road for access instead of a public road.
Staff Response: A waiver can be used for a reduction to development standards that will have the
effect of physical precluding the construction of a development meeting the criteria for a density
bonus at the densities permitted. The formal application must include a Density Bonus Report
with the required details related to the request for a private road, such as why the private road is
necessary to construct the units. Please note, private roads are still required to have a minimum
clear width acceptable for fire access, plus room for parking on both sides of the street.
3. Confirm that staff would support the quitclaim of easements 2, 3, and 4 as shown on the exhibit.
Staff Response: Easement 2 is typically self-terminating. Refer to the Order of Condemnation for
details. Easement 3 appears to be across an old water line that has since been relocated. Confirm
with Carlsbad Municipal Water District (CMWD) that the easement may be quitclaimed. Easement
4 appears to be a private easement, not subject to City approval.
4. Can easement no. 1 be replotted or quitclaimed once pad grades are set?
Staff Response: It is possible that the slope easement may be modified or vacated.
5. Confirm base density and density bonus calculations.
Staff Response: See Planning comments no. 22c.
6. Will the City require a Phase 1 Environmental Assessment as part of the application?
Staff Response: Yes, please see Planning comment no. 13.
7. Will o biological survey be required for this project?
Staff Response: See Planning comment no. 8.
8. Will a noise study be required for this project?
Staff Response: See Planning comment no. 14.
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9. Will a traffic study ar traffic improvements be required far this project?
Staff Response: See Land Development Engineering comment no. 21-22.
10. What are the required improvements, dedications, or easements along Poinsettia, Brigantine, and
Triton?
Staff Response: Full width improvements along the project frontage are required along Poinsettia
(north and south side) and Brigantine (the west side) and Triton (full width).
11. Parcel 1: What is the minimum distance required between the Brigantine/Poinsettia intersection and
the new proposed private road access road approach?
Staff Response: 150 feet.
12. Parcel 1: Does the access road need to have a specific intersection angle with Brigantine Drive? Seven
percent max departure from 90 degrees?
Staff Response: Ten degrees, maximum.
13. Parcel 1: Confirm cul-de-sac minimum radius is 36-feet to curb.
Staff Response: The minimum radius is 42 feet to curb per City standard drawing GS-4, although
the Fire Department may require a larger radius.
14. Parcel 3: Given the fact that the knuckle was initially designed without the 20-foot dedication of Lot 6,
does the new proposed dedication alter the knuckle design or requirements? I.e., .can the knuckle be
shifted further east to align with the road ta the south?
Staff Response: The knuckle design must conform with Carlsbad standard drawing GS-2. Provide
an alignment study to show how Triton Street would extend and serve the three properties to the
south.
15. Parcel 3: Will the project be required to provide a turnaround or cul-de-sac at the terminus of the
access road?
Staff Response: The Fire Department may require a turnaround. See Fire Department comment
no. 2 below.
16. Parcel 1: Is it acceptable to tap water main off 8-inch stub near Brigantine/Poinsettia that feeds to fire
hydrant service? Or do we need to pull water service from Regatta/Brigantine intersection?
Staff Response: Both stub-outs should be utilized; and a new main on Brigantine Drive should be
constructed to span between both stub-outs. This provides two sources of water for the
development and mitigates service disruption to our customers in the event distribution system
failures, preventative or corrective maintenance activities.
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17. Parcel 3: Is it acceptable ta tap water main off Triton for continuation? Appears to be eight inch main.
Staff Response: Yes, extending the main on Triton to serve the project is acceptable. In addition,
as similar to the Parcel 1, a main secondary source should be provided from Poinsettia or from
the southerly boundary.
18. Removal of coastal sage scrub is likely. Is there a land bank that we can buy into for mitigation? Is
there a land bank planned for the future?
Staff Response: A bank to pay mitigation fees cannot be used for upland habitat.
19. If no bank is available, how can we mitigate the removal of vegetation?
Staff Response: It is typically done by restoring degraded habitat onsite.
20. For vegetation calculations can we consider the multiple parcels as one project if submitted as such?
Staff Response: Yes, for vegetation calculations only.
21. What other environmental constraints would be present onsite?
Staff Response: Please refer to the Habitat Management Plan document provided in the link in
Planning comment no. 8.
22. How long will it take to rezone the parcels if the Housing Element is adopted?
Staff Response: The city has three years from adoption, which is the maximum time permitted by
the state. However, the city intends to complete it sooner than three years. The city expects to
complete the work by the end of 2022. In addition, because the project sites are located in the
Coastal Zone, the California Coastal Commission approval will be required for the General Plan land
use and Zone Change which will likely not occur until 2023. It is not yet known if the city will
propose changing the land use designations and zoning for the properties. The City Council will
consider whether to leave the properties on the list of potential sites when they take action on the
Housing Element Update on April 6, 2021. If the properties remain on the list, they will be studied
along with other properties on the list to determine which will be recommended for land use
changes.
23. While the City is processing the rezone, will we be able to concurrently process a project utilizing the
new zoning and density at our own risk? If so, when would staff consider accepting a submittal?
Staff Response: If the City Council approves rezoning of the property the change will not be
effective until the California Coastal Commission approves a Local Coastal Program Amendment.
Staff would not accept a submittal that requires land use changes and rezoning until the California
Coastal Commission has approved a Local Coastal Program Amendment.
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24. Can we chaose to not up-zone one of the properties?
Staff Response: If the land use designations on the properties shown in the Draft Housing Element
Update site inventory are approved as part of the implementation of the element, the property
will be rezoned to be consistent with the General Plan land use designation. New residential
development below the minimum of the density range is not permitted.
All necessary application forms, submittal requirements, and fee information are available 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:
Land Development Engineering Division staff has completed a preliminary review of the above-referenced
project. Prior to formal application submittal the following items must be adequately resolved/addressed:
1. Process a tentative subdivision map to create the new lots. ·
2. Complete a Stormwater Standards Questionnaire. 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 can be printed from the
following website link:
http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?Blob1D=227l1
Preliminary analysis suggests that the project is a Priority Development Project and must comply
with PDP stormwater requirements of the BMP Manual. A Storm Water Quality Management Plan
(SWQMP) must be prepared and submitted at time of application.
3. Full width improvements for Poinsettia Lane will be required with this development. This includes
an additional lane and curb, gutter, and sidewalk.
4. The cul-de-sac street on Parcel 1 must be designed to public street standards. The minimum right-
of-way width is 56 feet, and the cul-de-sac radius is 52 feet.
5. Lot depth shall be at least 90 feet.
6. Individual water quality basins will not be allowed on private lots. The basins shall be located in
separate HOA lots.
7. Provide an alignment study for the extension of Triton Street to show how the street would
extend to the south in the future.
8. The water line on Triton Street shall be looped, since the number of houses being serviced by that
water line would exceed 19.
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9. A preliminary hydrology study will be required to determine the pre-development and post-
development discharge flows. Provide preliminary recommendations to mitigate any increase in
flows.
10. Provide a preliminary Geotechnical study that identifies feasibility and recommendations for the
proposed project including design recommendations for proposed pollutant control BMPs and
hydromodification facilities.
11. A recent Preliminary Title Report (PTR) will be required with formal project application submittal.
12. Show the proposed sewer lateral and water service to serve each lot.
13. Show complete property boundary data on the site plan, including bearings and distances.
14. Show locations of all existing public utilities within Poinsettia Lane, Brigantine Drive, and Triton
Street, including water main, fire hydrant, water services, water meters, sewer main, sewer
laterals, and their appurtenances. Reference the drawing numbers of the city approved
improvement plans and identify materials and sizes.
15. On the site plan, show and identify all existing surface improvements (curb, gutter, sidewalk,
paving, manholes, inlets, streetlights, adjacent driveways, vaults, transformers, etc.) at the project
frontage and within 100 feet.
16. Show the locations of all existing and proposed buildings, walls, fences, and permanent structures
onsite and within 100 feet of site.
17. Provide multiple cross-sections of the site to demonstrate differences in grade, including adjacent
properties. Provide a typical street cross section of Poinsettia Lane, Brigantine Drive, and Triton
Street showing existing improvements.
18. Indicate the volume of grading (cut, fill, import, export, remedial} proposed for the project in cubic
yards.
19. Show spot elevations, grading, and method of drainage for the site, including storm drains,
gutters, swales and basins.
20. Show proposed pad elevations for each lot.
21. A scoping agreement is required prior to the preparation of the TIA.
22. A VMT Analysis will be required per the City's VMT Analysis Guidelines dated September 15, 2020.
22. Please be advised that in order to make a more in-depth review of the proposed development, a
more complete design of the project is required.
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1. Fire Department access is acceptable for the cul-de-sac design. A 24-foot wide street is required, so
no on-street parking is permitted with the design and may require a fire hydrant depending on where
the closest water supply is located.
2. For the property on the south side of Poinsettia Lane, the Fire Department will require a turn around
for fire trucks at the end of Triton Street, which can be done at the end of street or at the knuckle.
If you would like to schedule a meeting to discuss this letter with the commenting departments, please
contact Jessica Evans at the number below. You may also contact each department individually as follows:
• Planning Division: Jessica Evans, Associate Planner, at (760) 602-4631
• l~nd Development Engineering: Allison Mclaughlin, Associate Engineer, at (760) 602-2732
• Fire Department: Randy Metz, Fire Marshal, at (760) 602-4661
• Building Division: Jason Pasuit, Building and Code Enforcement Manager, at (760) 602-2788
Sincerely,
DON NEU, AICP
City Planner
DN:JE:cf
c: Donna Marie Baker, 18552 Erwin Street, Tarzana, CA 91335
Allison Mclaughlin, Project Engineer
Fire Prevention
HPRM/File Copy
Data Entry