HomeMy WebLinkAboutPRE 2022-0010; BITCHIN' BEACH CLUB; Admin Decision LetterApril 6, 2022
Tom Vorkoper
7406 SE 36th Street
Mercer Island, WA 94040
SUBJECT: PRE 2022-0010 (DEV2022-0034)-BITCHIN' BEACH CLUB
APN: 206-200-06-00
{"city of
Carlsbad
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Thank you for submitting a preliminary review to renovate an existing commercial kitchen to create a walk
up taco bar, remodel two existing residential units, the addition of two stair cases to access two new roof
decks, add a new accessible ramp to access the proposed taco bar, remodel an existing storage space to
create a new rental shop, add two trellis structures on the main building and one trellis structure on the
accessory building, the construction of a new dock, repair of an existing sea wall, renovation of an existing
boat ramp, repaving of an existing driveway and parking area, and remodel an accessory structure to
create a bar for drink service. The project site, which comprises one lot totaling approximately one acre,
is currently developed with two residential units, a commercial kitchen, and an accessory structure for
water recreational equipment rentals.
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: Visitor Commercial (VC)
b. Zoning: Residential Tourist (R-T)
c. Coastal Zone: The site is located in the Deferred Certification Area of the Coastal Zone
2. The project requires the following permits, and the Planning Commission will be the decision-making
authority:
a. Special Use Permit (SUP). Construction of a new dock requires a SUP because the project is
located within Flood Zone A of the Special Flood Hazard Area.
Community Development Department
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov
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b. Hillside Development Permit (HDP). Any grading or construction into or on a slope that has a
gradient of 15 percent or more and an elevation differential greater than 15 feet is subject to a
HDP. Plans submitted with a formal application must follow the requirements of Carlsbad
Municipal Code (CMC) Section 21.95.130 -Hillside Mapping Procedures and plans must comply
with applicable design standards within CMC Section 21.95.140.
c. Coastal Development Permit (CDP). As the project site is located within the Deferred Certification
Area of the Coastal Zone, approval of a Coastal Development Permit (CDP) is required from the
California Coastal Commission (CCC). Action on the CDP cannot be taken until the SUP and HDP
is approved by the Planning Commission. In addition, please be advised that staff cannot approve
the building permit until the CCC approves the CDP. Coordination with CCC staff early on in the
process is therefore strongly encouraged.
Both the CDP and SUP are subject to the following standards and regulations that are listed below.
3. Residential Tourist Zone Standards. The following applicable land use and development standards
within the Carlsbad Municipal Code (CMC) Chapter 21.20 -Residential Tourist zone applies to the
proposed project.
a. Permitted Uses. The proposed bar is not a use that is listed within CMC Section 21.20.010;
therefore, the use is not permitted.
b. Building Height. Any proposed structures are limited to a height of 35 feet as measured from
existing or proposed grade, whichever is lower. As proposed, the project meets the height
requirement.
c. Side Yards. Interior lots such as the project in question shall have a side yard of at least 10 feet in
width on one side and five feet on the other. As proposed, the project meets this requirement.
d. Use of Setback Areas. No automobile, trailer, camper or boat may be stored or parked in a
required front or side yard setback for a period exceeding 72 hours. Plans with a formal
application must clearly identify that automobiles, trailers, campers, or boats are not stored
within required front or side yard setback areas.
e. Rear Yard. The minimum rear yard setback is 20 feet. As proposed, the dock is within the rear yard
setback area.
f. Lot Coverage. All buildings, including accessory structures shall not cover more than 75 percent
of the area of the lot, except when an application for site plan review has been approved. As
proposed, the project meets this requirement.
g. Accessory Structures. The height of an accessory structure shall not exceed 14 feet when a
minimum roof pitch of 3:12 is provided or 10 feet if less than 3:12 roof pitch is provided. Detached
accessory structures which are not dwelling units and contain no habitable space are allowed a
maximum of 440 square feet and the following setbacks apply: 20 feet for front, five feet for rear,
five feet for sides. In addition, the maximum plumbing drain size shall be one and one-half inches
in diameter to prohibit toilets, showers, bathrooms, and other similar fixtures.
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4. Local Coastal Program -Agua Hedionda Segment. The project is subject to the Agua Hedionda Land
Use Plan policies and regulations contained within the city's Local Coastal Program (LCP). Below is a
brief overview of applicable policies; however, the list below is not a comprehensive list of
requirements. The LCP document, which contains all policies and regulations is available online at:
https:ljwww.carlsbadca.gov/departments/community-development/planning/planning-codes-
standards-policies
a. Environmental
i. Policy 3-13-1.12 requires a 100-foot buffer between development and the wetland buffer.
Buffer widths shall be measured from the edge of preserved habitat nearest the
development to the closest point of development.
The proposed dock, trellis structure, and renovation of the boat launch area is within the
100-foot buffer. Any proposed reductions in buffer widths shall require sufficient
information to determine that a buffer of lesser width will protect the identified resources.
Such information shall include, but is not limited to, the size and type of development
and/or proposed mitigation that will also achieve the purposes of the buffer.
The California Department of Fish and Wildlife and the U.S. Fish and Wildlife Service, and
the Coastal Commission staff shall be consulted in a buffer reduction request. No
development, grading or alterations shall occur in the buffer area except recreation trails
and public pathways within the first 15 feet of the buffer closest to the development,
provided that construction of the trail or pathway and its proposed use is consistent with
the preservation goals for the adjacent habitat, and that appropriate measures are taken
for physical separation from sensitive areas.
Plans submitted with a formal application must clearly identify the location of the 100-foot
buffer or a requested reduced buffer, and any proposed development within the buffer
area if any. If a reduced buffer is requested, documentation justifying the reduction must.
be included with the application as well as a biological letter and eelgrass survey (see
comments no. 8 and 9 below).
b. Geological Hazards
i. If any grading or drainage improvements are required by the Engineering Division to
accommodate the proposed project, the project will be subject to all of the policies
contained within the Geological Hazards section of the Agua Hedionda Land Use Plan
contained within the city's Local Coastal Program. Please refer to the document for a list
of policies. Plans submitted with a formal application must demonstrate compliance with
applicable policies related to geological hazards.
c. Public Works
i. Public access trails to and along the lagoon shall be provided consistent with the Pedestrian
Access Plan as shown in Exhibit "J" of the LCP in consultation with the Department of Fish
and Wildlife (refer to LCP). Public access shall be required as a condition of approval for a
special use permit and/or coastal development permit. Plans submitted with a formal
application must identify the location of the public access trail along the lagoon. PJease see
comment "e" below for more information.
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ii. No private gated communities that preclude the general public from parking and accessing
public trails along the lagoon are permitted. As such, the proposed automatic sliding gate
that runs along Adams Street would likely not be permitted. Please consult with coastal
commission staff regarding this matter. See comment no. 11 below.
d. Recreation and Visitor Serving Facilities
i. The project site is identified in the LCP as sites designated for continued recreational
commercial use. The proposed taco stand and rental use is consistent with the LCP land
use requirements. However, as previously stated, the bar use is not permitted.
ii. Construction of private docks and launching facilities shall be subject to the approval by
the U.S. Army Corp of Engineers, the State Department of Fish and Wildlife, the city, and
the California Coastal Commission, consistent with the Coastal Act.
e. Shoreline Access
i. As previously mentioned in comment "c" above, access to and along the shore of the
lagoon shall be made continuous to the maximum extent feasible and shall be provided as
a condition of approval for a coastal development permit. All access ways shall be designed
in such a manner as to allow for reasonable use by any member of the general public and
shall be designed to accommodate bicycle as well as pedestrian use.
ii. All access areas should be designed to enhance recreational use and should include
adequate open spaces for light and air, adequate signing, inviting design, and provision of
adequate buffer areas and buffer landscaping to minimize conflicts with adjacent private
property. All lateral public access easements shall be at least 25 feet in width landward of
the mean high tide line, unless infeasible due to extreme topographic limitation. The
portion of the easement which is actually developed for access purposes may be less than
the complete 25-foot width, provided that the developed area is sufficient to reasonably
accommodate anticipated access demand. To meet these objectives, the following design
criteria shall apply to all structures proposed to be located within 100 feet of any access
easement or other public recreational use area:
1. All portions of such structures shall be set back from the point nearest any public
use area a distance equivalent to twice the height of the structure above finished
grade; and
2. New development shall provide landscaping adequate to minimize visual intrusion
upon public use areas.
3. Coastal commission staff has indicated that they would require a recordation of
the easement for the public access trail but defer the construction until the CCC
identifies specific standards for the trail width and materials. However, each
owner will be required to construct the trails once the comprehensive plan for
improvements are approved by the CCC. Please contact the CCC for more
information regarding the public access trail. See comment no. 11 below.
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iii. All public use areas shall be clearly identified through a uniform signing program, to be
carried out by the city or as a condition of individual private developments. Signs or other
devices on public or private property which might deter use of public access areas shall be
prohibited within the Agua Hedionda Plan area. Plans submitted with a formal application
must call out the location of signs and sign content.
f. Visual Resources
i. Adams Street is considered a scenic roadway. Development along Adams Street shall
maintain a minimum 20-foot landscaped buffer between the street and parking area. Plans
submitted with a formal application must demonstrate compliance with this requirement.
ii. When there is a significant elevation difference such as the project site in question, no
portion of a structure (includes proposed trellis structures, stairs, and railings) shall be
permitted to exceed the elevation of the centerline of Adams Street. Plans submitted with
a formal application must include section drawings that include the centerline of Adams
Street, the existing slope conditions, and the height of all proposed structures.
5. Floodplain Management Regulations.
a. Applicability. The CMC Chapter 21.110 -Floodplain Management Regulations apply to all of
special flood hazards. When a portion of a parcel of land lies within the areas of special flood
hazards, the provisions of the chapter apply only to that portion lying within those areas. A portion
of the property long the rear property line that runs along the lagoon is located within Flood Zone
A and therefore is subject to all applicable provisions within CMC Chapter 21.110.
b. Special Use Permit. As discussed previously, the approval of a Special Use Permit is required
before construction begins within any area of flood hazard.
c. Coastal High Hazard Areas. Within coastal high hazard areas, the following standards shall apply:
i. All new construction and substantial improvements shall be elevated on adequately
anchored pilings or columns and securely anchored so the lowest horizontal portion of the
structural members of the lowest floor is elevated to or above the base flood elevation.
ii. All new construction shall be located on the landward side of the reach of mean high tide.
iii. All new construction and improvements shall have the space below the lowest floor free
of obstructions or constructed with breakaway walls.
iv. Fill shall not be used for structural support.
v. Manmade alterations of sand dunes which would increase potential flood damage is
prohibited.
vi. Certification by a registered engineer or architect that a proposed structure complies with
CMC Section 21.110.210(1).
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vii. The floodplain administrator shall obtain record that the elevation (in relation to mean sea
level) ofthe bottom of the lowest structural member ofthe lowest floor (excluding pilings
or columns) of all new and improved structures, and whether such structures contain a
basement.
d. Standards of Construction. In all areas of special flood hazards the following standards are
required:
i. Anchoring -all new construction and improvements within the flood zone area must be
anchored to prevent flotation, collapse or lateral movement of a structure.
ii. Construction Materials and Methods -must be constructed with materials and utility
equipment resistant to flood damage. All new construction shall use methods that
minimize flood damage.
iii. New construction and improvement shall have the lowest floor elevated to or above the
base flood elevation. Upon completion of the structure, the lowest floor shall be certified
by a professional engineer or surveyor.
Plans submitted with a formal application must identify compliance with the standards of
construction. For a comprehensive list of standards, please reference CMC Section 21.110.160.
6. Parking and Drive Aisles. Because the project proposes to restripe the existing parking area, the
following parking requirements shall apply to ensure adequate parking is available onsite for all
proposed uses. When there are multiple uses on a lot, the total requirements for off-street parking
facilities shall be the sum of the requirements for the various uses computed separately.
a. Residential. There should be at least two parking spaces per unit and 0.30 space per unit for
visitor parking. A total of 4.6 parking spaces is required for the two residential units.
b. Restaurant. Restaurants that are less than 4,000 square feet in size require one space per 100
square feet of gross floor area. Based on the plans provided for review, the proposed kitchen
and restaurant area is approximately 709 square feet and would require 7.09 spaces.
c. Recreational Rental. The rental use shall be parked at one space per 200 square feet of gross
floor area of the rental space. Based on the plans provided, the rental shop is 310 square feet
and would require 1.55 spaces.
d. Based on the proposed uses onsite, there should be a total of at least 14 parking spaces (4.6 +
7.09 + 1.55 = 14). Pursuant to CMC Section 21.44.050, Table "B," each newly striped parking stall
must be a minimum 170 square feet with a minimum width of 8.5 feet. Plans submitted with a
formal application must provide full parking stall dimensions meeting this requirement.
e. At least three percent of the parking area shall be planted and maintained with trees listed on
the City's official street tree list or approved shrubs. Trees or shrubs shall be contained in planting
areas with a minimum dimension of four feet and bounded by concrete or masonry curb of a
minimum of 6 inches in height and located throughout the parking area. Landscaping must be
served by an irrigation system.
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f. Every parking area abutting property located in a residential zone shall be separated from such
property by a solid wall, view-obscuring fence or compact evergreen hedge six feet in height
measured from the grade of the finished surface of such parking lot closest to the contiguous
residentially zoned property; provided, that along the required front yard, the fence, wall or
hedge shall not exceed 42 inches in height. No such wall need be provided where the elevation
of that portion of the parking area immediately adjacent to a residential zone is six feet or more
below the elevation of such residentially zoned property along the common property line. Plans
submitted with a formal application shall include fencing material and details for areas adjacent
to proposed parking spaces.
g. For parking spaces within the R-T zone such as the property in question, no parking lot shall be
established until formally reviewed by the city planner and its location approved. Such approval
may be conditioned upon the city planner requiring planning and/or maintenance of trees,
shrubs, or other landscaping within and along the borders of such parking area. As such, the
location of parking spaces toward the front of the property is acceptable; however, the three
parking spaces adjacent to the boat launch area is not supported as vehicles parking in this area
may obstruct the space for trucks and boats to access the boat launch area. In addition, the
repaving of the new parking lot shall also require complying with current parking lot standards
including a minimum of three percent of all parking areas to be landscaped. A conceptual
landscape plan must be included with a formal submittal if the parking lot component of the
project is proposed.
h. In the R-T zone, the parking lot shall not be farther than .so feet when measured from its closest
boundary to the commercial establishment and the parking lot shall be used solely for the
parking of private passenger vehicles.
i. According to CMC Section 21.44.050, Table "B," 90-degree parking must provide for a minimum
24-foot wide drive aisle. Based on the plans provided, the drive aisle width complies with this
requirement. Plans with a formal application must provide dimensions that demonstrate
compliance with this requirement.
7. Biological Letter. A biological survey letter documenting what sensitive or native habitats exists on
the subject property in accordance with the Carlsbad Habitat Management Plan must be submitted
with a formal application for review. If impacts to sensitive habitats are proposed, a Habitat
Management Plan Permit shall be processed in conjunction with the SUP application.
8. Eelgrass Survey. Per coastal commission staff, any proposed development within the lagoon area,
including the dock, seawall repair and boat launch will require the submittal and review of a pre-
construction eelgrass survey report. A formal application that proposes any development within the
lagoon area must include the eelgrass survey.
9. Historical Analysis Report. The property was constructed over 50 years ago and may be culturally
significant. Therefore, if a formal application is submitted that involves the renovation of the existing
structures onsite, a historical analysis report is required to be submitted for review that is consistent
with the city's Tribal, Cultural, and Paleontological Resources Guidelines which can be found online
at: https:ljwww.carlsbadca.gov/departments/community-development/planning/planning-codes-
standards-policies
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10. Landscaping. If the project is installing or modifying 2,500 square feet or more of existing landscaping,
landscape plans must be submitted with a formal application for review and must comply with the
requirements contained with the city's Landscape Manual which can be located with the link provided
below: https://www .ca rlsbadca .gov /home/showdocument?id= 7032
11. California Coastal Commission Review. Since the project site is located within a Deferred Certification
area of the Coastal Zone, which requires all permits to be issued by the CCC after the city's review and
action, it is recommended that the applicant contact the CCC to discuss project issues prior to
proceeding with submittal of formal applications with the city. Please contact Carrie Boyle at the CCC
at carrie.boyle@coastal.ca.gov to discuss details.
12. 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.gcode.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 Planning
counter located in the Faraday Building at 1635 Faraday Avenue or online at
https://www.carlsbadca.gov/departments/community-development/planning. You may also access the
General Plan Land Use Element and the Zoning Ordinance online at the website address shown; select
Department Listing; select Planning Home Page. Please review all information carefully before submitting.
Land Development Engineering:
1. 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: .
https://www.carlsbadca.gov/home/showpublisheddocument/604/637426047018270000
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Since there appears to be more than 2,500 square feet of new or replaced impervious area within
200 feet of an Environmental Sensitive Area (Agua Hedionda Lagoon), preliminary analysis
suggests that the project would be a Priority Development Project and would therefore be subject
to designing and installing numerically sized water quality basins via a Storm Water Quality
Management Plan {SWQMP) per Chapter 5 of the Carlsbad BMP Design Manual in addition to
installing site design and source control best management practices (BMP) per Chapter 4 of the
Carlsbad BMP Design Manual. Worksheets in the manual shall be used to size proposed water
quality basins needed to comply with the Carlsbad BMP Design Manual. Provide details of BMPs.
The entire project is subject to hydromodification requirements unless a valid exemption is cited.
Refer to Chapter 1.6 of the Carlsbad BMP Design Manual for list of potential exemption. Chapter
6 addressed hydromodification criteria. The site does not appear to have Critical Course Sediment
Areas per the Carlsbad Watershed Management Area Analysis maps so no mitigation is necessary.
The project will also be subject to a Trash Capture SWQMP if any impervious area is added or
replaced on the site, regardless of area added or replaced.
2. Submit a preliminary grading plan with your application for discretionary permits. Include any grading
quantities in cubic yards. A grading permit may be required, especially if the project is a Priority
Development Project for storm water quality compliance. Please include existing and proposed
topography and existing structures on site and within 25 to 50 feet of the subject property.
3. Show proposed public street improvements (curb, gutter, sidewalk, driveway approach) along the
Adam Street frontage. Said improvements shall connect with the existing public improvements on
both sides of the property. Show any proposed grading (fill) to establish these improvements.
4. Plot the flood plain on the plans per FEMA flood panel maps. A special use permit will be required for
any work proposed in the flood plain, including the proposed dock or any grade revisions.
5. Although pervious pavement is encouraged, be aware that the location for pervious pavement may
be limited due to the steep grades on the property. A soils engineer will need to provide
recommendations for the design.
6. Submit a current title report with your application for discretionary permits. Plot easements listed in
the report. For any easements that cannot be plotted due to insufficient data, list the easement on
the site plan with a note stating such. For ease of accessing the documents, providing a pdf of the
title report with hyperlinks is preferred in addition to hard copies.
7. Submit a traffic generation table. Compare the proposed generation rates in relation to existing
projected rates for uses currently permitted on the property. A traffic study may be required based
on the results of this information. Refer to the Transportation Impact Analysis Guidelines at:
https://www.carlsbadca.gov/home/showpublisheddocument/328/637425982502330000.
Also, depending on the CEQA status to be determined after the application for discretionary
permits is submitted, a Vehicle Miles Traveled (VMT) analysis may be required per the Vehicles
Miles Traveled Analysis Guidelines available at:
https://www.carlsbadca.gov/home/showdocument?id=312.
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8. A 5-foot wide offer of dedication along the project street frontage will be required.
9. Plot turn movements for vehicles with trailers. Demonstrate that proper clearance is provided for
movements in and out of the boat launch.
10. Plot existing/proposed water service and sewer connections. Plot existing water and sewer mains
and determine size and material.
Building:
1. The following comments are provided by the Building Division and will need to be clearly detailed in
the final design prior to submitting for building construction plan review:
a. Boat house bar requires an accessible section in compliance with 2019 CBC llB-226.3.
b. B to R-3 occupancy separation needs to be detailed in the design.
c. 2019 CBC Section 1206 airborne and structure-borne sound transmission class rating and
impact insulation class rating needs to be detailed in the design between the sleeping
units and other occupancy.
d. An accessible route needs to be shown from accessible parking to all public
accommodation areas.
1. Provided that the existing residential building is remodeled and not demolished, then fire sprinklers
will not be required. If the existing structure is drastically altered or demolished, then residential fire
sprinklers will be required.
If you would like to schedule a meeting to discuss this letter with the commenting departments, please
contact Jessica Evans at the email below. You may also contact each department individually as follows:
• Planning Division: Jessica Evans, Associate Planner, at jessica.evans@carlsbadca.gov
• Land Development Engineering: David Rick, Associate Engineer, at david.rick@carlsbadca.gov
• Fire Department: Randy Metz, Fire Marshal, at randy.metz@carlsbadca.gov
Sincerely,
t2l>t
DON NEU, AICP
City Planner
DN:JE:cf
c: Starr Edwards, 6211 Yarrow Drive, Suite C, Carlsbad, CA 92011
David Rick, Project Engineer
Fire Prevention
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