HomeMy WebLinkAboutPRE 2023-0047; 2733 WASHINGTON; Admin Decision LetterOctober 10, 2023
Peter and Linda Fagrell
2640 Highland Drive
Carlsbad, CA 92008
SUBJECT: PRE 2023-0047 (DEV2023-0115) -2733 WASHINGTON
APN: 203-172-05-00
(°Cityof
Carlsbad
8FILE COPY
Thank you for submitting a preliminary review application to construct a three-story, four-unit (three
market rate apartments or condominiums and one low-income inclusionary housing unit), residential
building in the Village Center District of the Village and Barrio Master Plan. Parking is proposed to be
provided on the ground floor. Included as part of the request is a Standards Modification to allow an
increase in density and waiver of the requirement for ground floor commercial use in exchange for
providing one low-income inclusionary housing unit onsite. The 0.09-acre vacant project site is located at
2733 Washington Street.
In response to your application, the Planning Division has prepared this comment letter. Please note that
the purpose of a preliminary review is to provide you with direction and comments on the overall concept
of your project. This preliminary review does not represent an in-depth analysis of your project. It is
intended to give you feedback on critical issues based upon the information provided in your submittal.
This review is based upon the plans, policies, and standards in effect as of the date of this review. Please
be aware that at the time of a formal application submittal, new plans, policies, and standards may be
in effect and additional issues of concern may be raised through a more specific and detailed review.
Planning:
1. The current General Plan and zoning designations for the properties are as follows:
a. General Plan: Village-Barrio (V-B)
b. Zoning: Village-Barrio (V-B)
c. Master Plan: The project is located within the Village Center (VC) District of the Village and
Barrio Master Plan (VBMP). The permitted density is 28 to 35 dwelling units.
d. Coastal Zone: The project site is located within the boundaries of the Coastal Zone and
outside the appealable jurisdiction.
2. Required Permits. The following permits will be required:
a. Minor Site Development Plan. Pursuant to VBMP Section 6.3.3(a), a Minor SDP is required
for new construction of two to four attached residential units up to 5,000 square feet.
b. Coastal Development Permit. Pursuant to VBMP Section 6.3.4(8) and (C), the Planning
Commission will make a recommendation to the City Council. The City Council is the final
decision-making authority for coastal development permits. As City Council approval is
required for the CDP, the Minor SDP will also be considered by the City Council.
Community Development Department .
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov
PRE 2023-0047 (DEV2023-0115) -2733 WASHINGTON
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Page 2
3. The Housing Crisis Act of 2019 (SB 330) established a preliminary streamline application process
for housine--f}fojects. It is not mandatory unless applicants seek the vesting and processing V1: J0netits1<fft:[Sd 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.
4. Land Use. Pursuant to Table 2-1 of the VBMP, multiple-family dwellings are permitted uses.
Planning staff is supportive of a multi-family use. Pursuant to Footnote 2 in Table 2-1 and Figure
2-2, residential uses are not permitted on the ground floor.
5. Density/Standards Modifications. The density range for the VC district is 28-35 dwelling units per
acre.
Units permitted for 0.09-acre parcel: 3 dwelling units:
Minimum density= 28 du/ac:
Minium unit yield= 28 x 0.09 = 2.52; rounds up to 3 units
(required to round up per Carlsbad Municipal Code Section 21.53.230, Table A)
Maximum density= 35 du/ac:
Maximum unit yield= 35 x 0.09 = 3.15; rounds down to 3 units
(rounds down per Carlsbad Municipal Code Section 21.53.230, Table A)
Standards Modification Request #1: Increase in Density
The conceptual project proposes to construct four units, including one, onsite
inclusionary housing unit. Pursuant to Government Code Section 65915(i), the minimum
number of units required to qualify for a density bonus is five units. Since only three units
can be built at the maximum density, the project does not qualify for a density bonus.
However, pursuant to Section 2.6.7 of the VBMP, Standards Modification, through
discretionary approvals, modifications to development standards, including density can
be requested. Pursuant to Section 2.6.7(8), one of the purposes of a standards
modification is to provide aff~rdable housing to low and/or moderate income
households. Please see link below for reference.
https://www.carlsbadca.gov/home/showpublisheddocument/7950/6376858932453000
00
Based on preliminary feedback from the Housing and Homeless Services (HHS)
Department, the construction of an inclusionary housing unit for smaller multi-family
projects has historically been difficult to successfully implement due to a number of
factors, including difficulty finding lower income owners that qualify to purchase market
rate units (if condominiums proposed) or the cost of constructing an affordable unit
onsite (when compared to paying the in-lieu fee). Therefore, Planning staff is preliminarily
unsupportive of the request to construct an inclusionary housing unit onsite. For
PRE 2023-0047 (DEV2023-0115) -2733 WASHINGTON
October 10, 2023
Page 3
additional information, please see comments from HHS below. In addition, please see
Planning Comment #6 below for an alternative to a multi-family project.
Standards Modification Request #2: Waiver of Requirement for Ground Floor Commercial
in VC District
Per Table 2-2 of the VBMP, the subject parcel is located in a use restriction area of the VC
District. Specifically, residential uses cannot be located on the ground floor and
commercial space shall occupy more than one-half of the habitable space on the ground
floor and shall span at least 80 percent of the building frontage. The preliminary review
notes a standards modification will be requested to waive the ground floor commercial
requirement. A justification/analysis has been submitted with the preliminary review.
Please note, in order for staff to consider the request, a market analysis which analyzes
the viability of a ground floor commercial space in this location shall be prepared by the
appropriate professional. Please include the market study analyzing the request with the
application.
In addition, please be advised the following findings need to be made to support the above-
requested modifications. Please submit the justification with the submittal of the application.
1. The applicant has provided acceptable evidence to demonstrate the need for the standards
modification and there is no other way to reasonably achieve one or more of the purposes
outlined in Section 2.6.7.B without the modification.
2. The standards modification is consistent with the goals and policies of the Master Plan and
the vision and intent of the applicable district.
3. The decision-making authority has determined the project provides a significant public
benefit that warrants the granting of the standards modification.
4. In the Coastal Zone, a standards modification is permitted only when the decision-making
authority determines that the modification is consistent with the certified Local Coastal
Program, and if applicable, with the public access and recreation policies of Chapter 3 of the
Coastal Act
6. Alternative to Multi-Family Housing. Pursuant to General Plan Land Use Element Policy 2-7 and
Section 2.4 of the VBMP, one single-family home can be constructed on a legal lot that existed as
of October 28, 2004. The fact that there was an existing single-family home that has been
demolished has no bearing on the allowance for one, single family home if the lot was created
prior to October 28, 2004. Pursuant to Section 6.3.3(D), single-family homes require a Minor
Coastal Development Permit and the City Planner is the decision-making authority. Therefore,
unless the project is appealed, no public hearing will be required. If a single-family home is
proposed, please refer to the link below for Informational Bulletin 1B-111, which includes
additional information as it relates to accessory dwelling units.
https:ljwww.carlsbadca.gov/home/showpublisheddocument/12288/638279684162570000
PRE 2023-0047 (DEV2023-0115) -2733 WASHINGTON
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Page4
7. lnclusionary Housing Requirement. If the project does not include an on-site inclusionary housing
unit, pursuant to CMC Chapter 21.85, lnclusionary Housing Ordinance and Informational Bulletin
IB-157, an in-lieu fee of $16 per square foot of net building area for each proposed market-rate
unit will be assessed. Please note this is the current fee for fiscal year 2023-2024 and is subject
to change next year. Please see link to IB-157 below for additional information.
https://www.carlsbadca.gov/home/showpublisheddocument/9634/637897580094270000
8. VBMP Objective Design Standards (ODS). In addition to the standards contained in the VBMP, the
proposed multi-family project is required to comply with the recently-adopted ODS for the VBMP.
Please see link below for reference and apply the standards to the final design, as applicable.
https://carlsbadca.prod.govaccess.org/home/showdocument?id=l3754&t=6382002358498344
26
9. Parking. Pursuant to Assembly Bill 2097, no parking spaces are required for residential or
commercial projects located within one-half mile of a "major transit stop." The Carlsbad Village
Station, located approximately 0.2 miles from the subject site, qualifies as a "major transit stop."
Therefore, there is no minimum number of parking spaces required for the proposed project.
https://www.carlsbadca.gov/home/showpublisheddocument/12218/638083521809200000
Parking dimension in a parking structure. If a parking structure is proposed, pursuant to CMC
Section 21.44.060, Table D, the minimum dimension for parking stalls in a parking garage are 8.5
feet x 20 feet, exclusive of supporting columns/posts. In addition, a back-up distance of 24 feet
and 5-foot turning bump-out is required at the end of a stall series (i.e., dead end). Please also
ensure an area is striped for "No Parking" to allow room for cars to pull-into and safely back-up
and turn-around. With the project submittal, please demonstrate compliance with these
standards.
10. Setbacks. The project shall be designed to comply with the following setbacks. Please note these
setbacks also apply to the single-family home option. However, a front yard setback of 20 feet
from the front property line is recommended to allow cars to park in the driveway. A standards
modification will be required to allow for an increased setback.
Front: Minimum of O feet, maximum of 5 feet
Side: 0 feet
Rear: 0 feet
11. Open Space. A minimum of 60 square feet of private open space per residential unit shall be
provided with a minimum dimension of 6 feet in any direction. As less than 11 units are proposed,
there is no requirement for common open space.
12. Lot Coverage: There is no minimum or maximum lot coverage in the VC district.
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13. Building Height. The maximum allowable building height in the VC district is 45 feet and four
stories. If ground floor commercial is included in the design (which is required), the minimum
ground floor plate height shall be 14 feet. If a 4-Story building is proposed:
14.
a. A maximum of 30 percent of the fourth story street facing fa~ade can have a O foot setback (as
measured from the property line). The remaining 70 percent shall be set back a minimum of 10
feet (as measured from the property line). .
b. The total square footage of enclosed fourth floor space shall not exceed 80 percent of the
largest enclosed floor space below (floors one, two, or three). However, in no case shall the fourth
floor enclosed space exceed the amount of third floor enclosed space.
Noise Analysis. Please provide a noise study consistent with the City of Carlsbad Noise Guidelines
Manual and the General Plan. Please see link below for the Noise Guidelines Manual:
http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?BloblD=24094
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 www.carlsbadca.gov. 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.
2.
Contact Nick Gorman in the Traffic Division at Nick.Gorman@carlsbadca.gov, a division of the
Public Works Department, to determine if a Scoping Agreement is required. Scoping Agreements
are used to determine if a Local Mobility Analysis is required and the scope of analysis. Submit
either an approved Scoping Agreement or correspondence from the Traffic Division indicating one
is not required. Provide ADT and peak hour trips per generation rates from SAN DAG Brief Guide
of Vehicular Traffic Generation Rates for the San Diego Region on the site plan/tentative map.
If a Local Mobility Analysis is required, refer to the Transportation Impact Analysis Guidelines at
https://www.carlsbadca.gov/home/showpublisheddocu ment/328/637 4259825023300CB ~· .
a. Depending on the CEQA determination, which is 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.
b. A General Plan Mobility Element Transportation Demand Management (TDM) plan may be
required if the development adds vehicle traffic to street facilities that are exempt from the
vehicle Level of Service (LOS) standard.
3. Complete a Stormwater Standards Questionnaire Form E-34. This questionnaire will guide you
and the city in determining what type of reports and storm water mitigation must be completed
to satisfy state and City storm water quality requirements. The questionnaire is located on the
City of Carlsbad website.
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4. · Based on a preliminary analysis it appears that this project will be a Standard Project. Complete
the Standard Project Requirement Checklist, Form E-36, and show all source and site design BMPs
on the conceptual grading and drainage plans.
5. Based on this project's general land use, Village-Barrio, this project is subject to the City of
Carlsbad trash capture requirements. Incorporate trash capture measures on the project plans.
6. Provide a Preliminary Title Report (current within the last six (6) months). All easements and
encumbrances as identified in Schedule "B" of the report must be indicated on the site plan.
7. A Preliminary Hydrology Study including map and. calculations is required to demonstrate
capacity/sizing of proposed and existing storm drain infrastructure. Show 100-year storm
hydrologic calculations before and after development.
8. A preliminary geotechnical report is required to evaluate the feasibility of the project. Guidelines
for preliminary geotechnical studies are available on the City of Carlsbad Engineering website.
9. Per CMC15.16.060, this project may require a grading permit and grading plan.
10. A separate improvement plan for work within the right-of-way is required for this project.
11. This project shall utilize City of Carlsbad Survey Control Network established on Record of Survey
Map 17271, NAD83, Zone VI, 1991.35 Epoch for horizontal control and NGVD 29 datum for vertical
control per City of Carlsbad Engineering Standards.
12. Indicate the earthwork quantities (cut, fill, import, export, remedial) proposed for the project in
cubic yards.
13. Delineate and annotate the limits of grading. Include remedial grading quantities on the plan.
14. Delineate and annotate approximate topographic contours for existing and proposed condition.
15. On the site plan, show and identify all existing surface improvements screened back (curb, gutter,
sidewalk, paving, manholes, inlets, street lights, adjacent driveways, vaults, transformers, etc.) at
the project site, project frontage and within 25 feet of the property line boundary.
16. Provide spot elevations at the corners of the pad in the proposed condition. Include finish pad
and floor elevations.
17. Provide the method of draining the lot. Unless otherwise specified by a geotechnical engineer,
method of drainage shall comply with California Building Code (latest version) section 1804.4.
18. If retaining walls are proposed, delineate all retaining walls that will be utilized on the project site
and show top of wall and bottom of wall elevations, including at the highest and lowest points.
Indicate maximum height of retaining wall measured from bottom of footing to top of wall and
maximum height measured from finish surface to top of wall.
PRE 2023-0047 (DEV2023-0115)-2733 WASHINGTON
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19. Provide a cross section to show the existing and proposed ground, proposed walls, footings and
remedial excavation.
20. Delineate location of all existing and proposed buildings, walls, fences and permanent structures
onsite and within 25 feet of the site.
21. Provide chain of title report to determine lot legality. A Certificate of Compliance may be required
pending results of the chain of title documents.
22. Show existing lot line bearing and distance.
23. If proposed units will be for sale, a Tentative Parcel Map is required.
24. Provide Washington Street cross sections for existing frontage. Provide existing right-of-way
width and existing improvements and proposed improvements.
25. Delineate and annotate all proposed driveways and driveway widths.
26. Show all existing utilities and callout size for: water, sewer, storm drain, underground dry utilities,
overhead lines, traffic signals, streetlights in Washington Street and laterals affecting the
property.
27. All transformers and electrical facilities solely serving this project site shall be located on site and
outside of the public right-of-way.
28. Public potable water and sewer mains along project frontages must meet minimum design
diameter and material as specified in City of Carlsbad Engineering Standards Vol. 2 Section 3.2.2
for water and Volume 1 Section 6.2 for sewer. Utility replacement and/or upsizing may be
required as a condition of development.
29. Locate fire service, backflows, potable and recycled water services, meters, landscape irrigation
services, and sewer laterals for the new development in compliance with City of Carlsbad
Engineering Standards requirements.
30. Replace existing water service with a new PVC tee, meter and backflow per CMWD standard
drawing W-5.
31. Trash enclosure design is to be consistent with the City of Carlsbad Engineering Standards drawing
GS-16. Any deviation from the City of Carlsbad Engineering Standards may require approval from
Republic Services to ensure that the trash enclosure is serviceable.
32. Provide multiple cross-sections of the site to demonstrate differences in grade from adjacent
properties, existing and proposed grades on-site, fences and location of structures on-site and on
adjacent properties.
PRE 2023-0047 (DEV2023-0115)-2733 WASHINGTON
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Page 8.
33. Coordinate with North County Transit District since the proposed development is located near
their property. This project will require written approval from North County Transit District.
34. Meet with the Fire Department to identify the necessary fire protection measures required for
this project (access, fire hydrants, sprinkler system, on-site circulation, emergency access, etc.)
35. Please be advised that a more in-depth review of the proposed development will occur with the
discretionary permit application when a more complete design of the project is provided.
Housing and Homeless Services (HHS) Department:
1. lnclusionary Requirement -Applicant is seeking an increased density yielding one additional
(affordable) unit and development waivers in accordance with the Carlsbad Village & Barrio
Master Plan and Carlsbad Municipal Code Chapter 21.85. Based on project size and scope, HHS
staff wants to ensure the applicant understand the impact of providing an affordable unit onsite
while determining feasibility.
a. If a unit was built and rented, the maximum affordable rent that could be charged to the
tenant would be $2,170 minus utilities for a two-bedroom unit at the low-income
restriction. This amount is changes annually based on the median income. lnclusionary
rental units shall remain restricted and affordable to the designated income group for
fifty-five years. If the other units are for-sale and the affordable unit rented it could create
a disparate dynamic with the neighbors within the complex.
b. If a unit was built and sold, the maximum affordable sales price would be approximately
$209,260 for a two-bedroom unit at the low-income restriction. Please note these
estimates are based on assumptions available as of today (Oct. 10, 2023) and is only
meant to provide a general idea to the maximum affordable sales price. Again, having just
one affordable unit among a HOA of owners that paid significantly more for their unit can
create a disparate dynamic with the neighbors within the complex. Additionally, a lower
income owner is less able to absorb increases in HOA fees which can cause concerns down
the road for the long-term viability of the property and HOA.
Fire Department:
Due to the conceptual nature of the proposal and the absence of detailed plans, the Fire Department
could not provide comments on the subject preliminary review. Applicant shall submit a detailed and
scaled site plan showing the entire building footprint, proposed access driveways and locations of
laddering for emergency egress windows before we can assess if the proposed density and lot coverage
will comply with the California Fire Code fire access requirements.
Building Division:
Please see attached comments from the Building Division.
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Page 9
If you would like to schedule a meeting to discuss this letter with the commenting departments, please
contact Shannon Harker at the number below. You may also contact each department individually as
follows:
• Planning Division: Shannon Harker, Senior Planner; at {442) 339-2621
• Land Development Engineering: Linda Ontiveros, Project Engineer, at (442) 339-2773
• Housing and Homeless Services Department: Nicole Piano Jones, Senor Program Manager, at
{442) 339-2191
•
Sincerely,
ERIC LARDY
City Planner
EL:SH:es
Enc: ,Building Department comments
c: Eric Lardy, City Planner
Cliff Jones, Principal Planner
Linda Ontiveros, Project Engineer
Nicole Piano Jones, HHS
Laserfiche/Data Entry
Case File
Ci!Yof
Carlsbad
Memorandum
August 24, 2023
To:
From:
Re:
Shannon Harker, Project Planner
Jason Pasiut, Building Official
PRE2023-0047 (2733 WASHINGTON ST Carlsbad, CA 92008)
PRELIMINARY REVIEW
The Building Division has no comments currently regarding this submittal for conceptual plan review.
The following comments are provided courtesy of the Building Division and will need to be clearly
detailed in the final design prior to submitting for building permit construction plan review. The Building
Division will not need to see these preliminary plans again:
Carlsbad requirements:
CLIMATE ZONE 7
SEISMIC (R=6.5) = .12 W; SDC = D; Sos~ .75, Sl.00; DJD2
RAINFALL ("/hr.): 3.7"
WIND VELOCITY: 96mph
2019 California codes are adopted until December 31, 2022.
2022 codes take effect on January 1, 2023.
o Construction hours: Monday -Friday 7:00am -6:00pm and 8:00am -6:00pm Saturday. No work is
allowed on Sunday or Federal holidays.
o Building permit applications are valid for one year. Permit applications will be expired after one year
if not issued. The Building Official may grant one extension of 180 days upon request.
o Permitted projects have one year to begin construction. Permits will be expired if construction does
not start within one year after permit issuance.
o Expired permits cannot be extended. Expired permits can be renewed at a fee of 50% of the building
permit fee. If expired permits cross over one code cycle, a new submittal will be required with plans
drawn to the latest code cycle requirements.
o A building permit shall be considered abandoned if not finaled within three years of issuance.
o This project consists of building with more than two dwelling units and will be subject to CBC
Chapter 11A and/or 11B accessibility requirements and other/ Federal accessibility requirements
depending on the funding source(s). New apartments of three or more dwellings per building and
new condominiums of four or more dwellings per building are defined as covered multifamily
dwellings subject to CBC Chapter 11A accessibility requirements for accessible/ adaptable units.
o Funding sources such as CTAC may trigger additional accessibility requirements above the minimum
amounts required by the California Building Code. If applicable, please list those additional
requirements, if applicable, in chart form on the cover sheet and provide details on the plans.
· Community Development
1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I www.carlsbadca.gov
Memo -Disc Sports & Spine
March 20, 2023
Page 2
o Is the project constructed by, for, or on behalf of a Title II entity or part of a Title II entities program
that provides housing? If yes, then the 2010 ADAS applies.
o Is the project receiving Federal financial assistance, and if so, is it coming from HUD? If it's a Home
key Project, then the answer to that is yes. Therefore, it must comply with HUD 504 regulations with
the options of either using UFAS or the HUD Deeming Notice that allows the use of the 2010 ADAS
with certain exceptions.
o A soils report is required for new construction. Prepare the report and include recommendations
into the foundation design.
o A boundary certification is required for new structures built 5 feet or closer to a side or rear yard
property line.
o Sewer design with fixture unit counts for entire sewer system to be included in complete plumbing
plans.
o Sewer and water lines within the property line boundary are considered private systems.
Consideration should be made now to determine if these systems will meet the city standard or will
be designed per the California Plumbing Code.
o A separate, private sewer and water system permit can be applied for concurrent with grading so
the Building Division can do inspections ofthese systems during grading. See the attached handout
o Gas line isometric for proposed gas fixtures to be included in COQ1plete plumbing plans.
o Electrical load calculations and single line diagram for entire electrical design to be included in
complete electrical plans.
o All utilities must enter each dwelling separately from the outside and are not approved to be run
though the garages or under the foundation at any point. Through penetrations between R-3 or R-2
occupancies in not approved.
o All registered Energy documents are required to be imprinted onto the plans.
o Carlsbad Climate Action Plan (CAP) sections 2A, 3A and 4A are triggered for this new construction.
(CAP) measures chosen shall be detailed on the plans. Refer to Building Division form B-50.
o The Carlsbad (CAP) form B-55 will be required to be imprinted onto the plans to be approved for a
permit.
o MULTIFAMILY WITH MORE THATN THREE HABITABLE STORIES: 2022 CEC requires ESS provisions to
be designed into new multifamily residential construction when solar is also required. CEC 170.2.
o Show details for airborne and structure borne sound transmission compliance with CBC section 1206
for the walls and floors separating dwellings.
o Roof mounted mechanical systems shall be screened in accordance with the Carlsbad Municipal
Code section 18.10.020.
If the applicant has any questions, please call me at 442-339-2788.
Jason Pasiut
Building Official -Community Development