HomeMy WebLinkAboutPRE 2023-0058; FAIRFIELD APARTMENT HOMES AT BRESSI; Admin Decision LetterNovember 27, 2023
Shon Finch
Fairfield Gateway Road LLC
5355 Mia Sorrento Place
San Diego, CA 92121
(cityof
Carlsbad
BFILE COPY
SUBJECT: PRE 2023-0058 (DEV2022-0186) -FAIRFIELD APARTMENT HOMES AT BRESSI
APN: 213-263-19-00, 213-263-20-00
Thank you for submitting a preliminary review application to construct a 74'-2"-tall, 320-unit, residential
apartment building in Planning Area 5 of the Bressi Ranch Master Plan, MP 178(K). A total of 580 parking
spaces are proposed within a six-level, at-grade parking garage. The project site, an approximately 5.33-
acre site comprised of two legal lots (Lots 11 and 12 of CT 05-09), is located on the southwest corner of
Palomar Airport Road and Gateway Road and east of El Fuerte Street. Primary access to the building is
proposed mid-block, along the eastern segment of Gateway Road. Secondary access to the parking garage
is proposed off the southern segment of Gateway Road. The site is currently pad-graded with the
exception of a small detention basin located adjacent to Gateway Road on the south side of the lot. Street
improvements include curb, gutter, sidewalk, street trees, and groundcover along Gateway Road.
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: Planned Industrial (Pl);
b. Zoning: Planned Community {P-C) -(Zoned Planned Industrial {P-M) within the Bressi
Ranch Master Plan); and
c. Bressi Ranch Master Plan, MP 178K.
2. The project is site is identified as Potential Housing Site No. 11 ("Bressi Ranch Gateway Road
Industrial Parcels") in the city's Housing Element. The site is currently being studied as part of an
Environmental Impact Report (EIR) to change the General Plan and Zoning land use designations
on a number of properties to comply with the state's Regional Housing Needs Assessment (RHNA).
Specifically, the city is studying a proposal to change the General Plan Land Use designation at the
subject site from Planned Industrial {Pl) to Residential, 37.5 to 40 dwelling units per acre (R-40).
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600
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Under the current General Plan Land Use designation, no residential units can be constructed.
Draft EIR 2022-0007 was considered by the Planning Commission on October 18, 2023 and
received a recommendation of approval. The project is tentatively scheduled for consideration
by the City Council in January 2024. If the land use change from Pl to R-40 is approved by the City
Council, a total of 214 units could be constructed on the 5.33-acre site. The preliminary review
analysis contained within this letter and reflected in the submittal assumes the land use change
will be approved.
3. Housing developments that contain a minimum of 20 percent affordability to lower-income
(i.e. low and very low) households as required pursuant to Government Code section 65583(c)(l)
and 65583.2(h) and that are on specific sites rezoned by the City Council to meet RHNA
requirements as detailed in the programs of the Housing Element shall be permitted "by right" as
that term is defined in Government Code Section 65583.2(h) and shall be subject to the
mitigation measures of Supplemental Environmental Impact Report EIR 2022-0007. Please
note, staff is still researching what, if any, permits beyond a building permit will be required for
the proposed project. Listed below are the potential permits that could be required.
In addition, as stated above, in order for the proposed project to be considered "by right", a
minimum of 20% or 64 units shall be affordable to lower-income households. At this time, it is
not clear how many inclusionary housing units are proposed.
a. Site Development Plan
b. Master Plan Amendment. The rezoning program includes an amendment to the Master
Plan MP 178(K) to address the increase in the number of units associated with the rezone.
An evaluation of the Master Plan with the proposed project will be needed to determine
if there are other changes that need to occur. Please see page 703 of the link below for
the draft changes proposed to MP 178(K):
https://www.carlsbadca.gov/home/showpublisheddocument/15265/638331283137070
000
c. · A lot Line adjustment to merge the properties will be required prior to issuance of the
grading permit. The lot merger requires the approval of the City Engineer.
4. As part of the Housing Plan Update, the city is proposing changes to the Residential Density-
Multiple (RD-M) Zone. Please see link below for a draft of the changes. Please note the analysis
provided in the subject preliminary review is based on the proposed development standards. If
the changes proposed to the RD-M zone are not approved and the project is required (or
proposes) to rely on the existing RD-M standards, the required setbacks and building height may
change.
https://www.carlsbadca.gov/home/showpublisheddocument/14356/638249361476281335
5. Density/Density Bonus. If the proposal to change the General Plan Land Use designation from Pl
to R-40 is approved, the following is a summary of the calculation for the base number of units
that could be permitted within the density range of 37.5 to 40 dwelling units per acre:
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Base Unit Range for 5.33-acre parcel in R-40 Zone: 200-214 dwelling units:
Minimum density= 37.5 du/ac:
37.5 x 5.33 = 199.8; rounds up to 200 dwelling units
Maximum density= 40 du/ac:
40 x 5.33 = 213.12; rounds up to 214 dwelling units
Density Bonus (DB)
The project proposes 320 units and includes a request for a 50% density bonus {213 base units x
1.5 = 319.5 or 320 units).
Density Bonus Incentives/Concessions and Waivers. Pursuant to State Density Bonus Law, the
number of incentives and concessions that can be requested by a developer varies by the amount
and type of reserved affordable housing units being proposed. Please see the table below for
some examples of how many incentives could be granted based on the level and percentage of
affordability.
Income % of Reserved Units
Very Low 5% 10% 15% 80%ormore
Low 10% 17% 24% 80%ormore
Moderate 10% 20% 30% 20%maximum
Senior** n/a n/a n/a n/a
Incentives 1 2 3 4*
•To qualify for 4 lncentlves, a project must reserve at least 80% of the units
for lower Income households {very low, low, er combination thereof). The
remaining 20% may be reserved for moderate income households.
*" Senior projects with no affordable hol.lSlng are not entitled to Incentives.
As part of the request for incentives or concessions, the city requires applicants to provide
reasonable documentation to show that any requested incentive will result in identifiable and
actual cost reductions to provide for affordable housing costs or rents {CMC 21.86.050A.5). The
city must grant a requested incentive or concession unless it finds the following:
a. The concession or incentive does not result in identifiable and actual cost reductions to
provide for affordable housing costs or rents.
b. Granting the concession or incentive would have a specific adverse impact on public
health or safety or on property listed on the California historical register, which cannot be
mitigated, or would be contrary to state or federal law
In addition, waivers or a reduction of a development standards may be granted if a developer
provides reasonable documentation showing that the City's standards would physically preclude
the allowed densities and incentives.
Please refer to the link below for the city's State Density Bonus Law Informational Bulletin, 18-
112:
https://www.carlsbadca.gov/home/showpublisheddocument/8169/637744794162930000
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Please refer to the link below for the Density Bonus Supplemental Checklist, P-l(H):
https:ljwww.carlsbadca.gov/home/showpublisheddocument/450/637843404170270000
6. lnclusionary Housing. Pursuant to the proposed amendments to the Bressi Ranch Master Plan,
any residential development (rental or for-sale) shall enter into an affordable housing agreement
with the City of Carlsbad to provide a minimum of 20% of the total housing units on the site of
the residential development as affordable to lower income (i.e., low and very low) households at
80% or below the San Diego County Area Median Income. This affordable housing requirement
may also be satisfied by the following alternatives (at the sole discretion of the City of Carlsbad
and following completion of an alternate public benefit analysis):
7.
• At least 15% of the total housing units shall be affordable to low-income households and
an additional 10% shall be affordable to moderate-income households; or
• At least 15% of the total housing units shall be affordable to very low-income households.
Please specify how you intend to satisfy the affordable housing requirements with the next
submittal. An affordable housing agreement shall be approved prior to issuance of the first
building permit.
Draft City-Wide Objective Design Standards (ODS). The proposed project is subject to the city-
wide ODS. Please see link below for reference and revise the project design as appropriate. Please
note, if the project does not comply with more than 4 of new standards, additional density bonus
incentive, concessions or waivers will need to be requested. On the next submittal, please
highlight in the project plans and correspondence (please reference sheet numbers) how the
project complies with the standards and complete the ODS checklist. Please ensure the building
elevations and floor plans are dimensioned in 40' intervals.
City-wide ODS:
https://www.carlsbadca.gov/home/showpublisheddocument/13768/63820l047511900000
City-wide ODS checklist:
https://www.carlsbadca.gov/home/showpublisheddocument/15323/638332233693100000
Objective Design Standards Processing Guide:
https://www.carlsbadca.gov/home/showpublisheddocument/15321/638331501903600000
Listed below are some of the requirements in which the project may not comply. Please note, this
list is not all-inclusive. Please include a detailed analysis of the project's compliance with the ODS
with the project submittal.
a. Section 2-Passenger Pickup and Drop-off Location. Projects with 50 or more units shall
provide at least one pick-up and drop-off location located within 100 feet of a common
recreational space (such as a community clubhouse or pool), or located within 100 feet
of a vehicular access point. The passenger loading space shall be at least the size of a
standard parking space and shall be clearly marked and visible from an entry driveway
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(access point) into the site. Pick-up and drop-off locations shall incorporate a minimum of
one bench and one shade structure. It is noted the passenger pick-up drop off area will
be located in the parking structure. Where is it located? Will the structure be gated? If so,
how will the public be able to access?
b. Section 2-Private Open Space. For any deck or balcony provided, the minimum
dimension shall be 6' wide x 6' deep. Screening shall be constructed with limited openings
to provide a minimum of 85 percent surface area screening (measured from the finished
floor of the private recreational space to the top of the railing, fencing, or walls). The
metal railing details do not appear to comply with 85% screening. Please revise.
c. Section 2 -Landscaping.
d.
Landscape Buffer. A landscape buffer a minimum of five feet shall be located adjacent to
all ground-level residential spaces to provide additional privacy and security for residents.
The buffer shall be planted with dense evergreen shrubs which grow to or are maintained
at a maximum height of four feet. Please submit exhibits demonstrating compliance. Not
enough information is provided. A note is included on the plans but compliance is not
shown on the landscape plan.
Pedestrian Walkways. Pedestrian walkways shall be flanked on both sides with
landscaping, including, groundcover, and shrubs a maximum of four feet in height. A tree
shall be provided on either side of the walkway at a minimum of every 50 feet of walkway
length. Regular alternating intervals of trees on both sides of all walkways may be
provided where there is sufficient space to promote healthy tree growth and avoid root
damage to adjacent hardscape elements. Please submit detailed exhibits demonstrating
compliance.
Section 3-Building Form and Massing.
Building Form and Hierarchy. Buildings greater than two stories shall be designed to
differentiate a defined base; a middle or body; and a top, cornice, or parapet cap.
Buildings two stories or less shall include a defined base and top. The "base" and "top"
each shall not exceed two stories in height. This effect shall be achieved through at least
two of the following for all buildings:
a. Color, texture, or material changes. **Please revise the plans to carry the enhanced
material around the entire base per the example in the ODS.
b. Variations, projections, or reveals in the wall plane.
c. Variations in fenestration size or pattern.
d. Decorative architectural details such as cornices and columns, or arcades.
Wall Plane Variation.
Building fac;ades visible from the primary street shall not extend horizontally more than
40 feet in length without a two-foot variation in depth in the wall plane. Building
entrances, unit entrances, upper-story setbacks, and projections such as stoops, porches,
bays, overhangs, fireplaces, and trellises count towards this requirement.
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e.
a. Upper Floor Area Reduction. The floor area for upper floors shall be a maximum of 90%
of the ground floor area. The upper floor area shall not protrude over the first floor along
the street frontage more than five feet. Staff understands a waiver from this requirement
will be requested.
b. Horizontal Articulation. Walls visible from a public right-of-way shall not run in a
continuous horizontal plane for more than 40 feet without incorporating articulating
features such as glazing, overhangs, cornices, canopies, columns, pilasters, trellises,
arches, or clearly defined projecting or recessed architectural elements. Please show how
the project complies.
Corner Buildings.
Corner buildings greater than two stories shall include one or more of the following
features on both facades. Please indicate which criteria the project complies with and
where it is shown in the plans. The plans should include details to assist staff with verifying
compliance.
a. An entry to ground-floor commercial uses or a primary building entrance located within
25 feet of the corner of the building.
b. A different material application, color, or fenestration pattern of windows and doors
from the rest of the fa~ade located within 40 feet of the corner of the building.
c. A change in height of at least 5 feet (taller or shorter) compared to the height of the
abutting fa~ade, located within 40 feet of the corner of the building.
Roofline Variation.
Roof lines shall not extend horizontally more than 40 feet in length without at least one
prominent change as described below. Which one does the project comply with? How
and where in the plans can this be verified? Please specifically call out on plans.
a. Provide variation in roof form, such as hipped, gable, shed, flat, and mansard.
b. Provide variation in architectural elements, such as parapets, varying cornices,
chimneys, and reveals.
c. Provide variation of roof height of at least 18 inches (as measured from the highest
point of each roof line).
Flat Roofs and Parapets.
Parapets shall be provided around the perimeter of a flat roof.
a. Rooftop equipment shall be located a minimum of five feet away from any roof edge
and parapet adjacent to a public right-of-way.
b. Interior side of parapet walls shall not be visible from a common recreational space or
public right-of-way.
c. Parapets shall be capped with precast treatment, continuous banding, projecting
cornices, dentils, or similar edge treatment.
Building and Unit Entrances.
Entrances for buildings and individual units shall incorporate architectural treatments
e.g., feature window details, towers, decorative veneer or siding, porches, stoops) and/or
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8.
changes in roof line or wall planes. Common building entrances shall include weather
protection that is a minimum 6 feet wide and 4 feet deep by recessing the entrance, or
providing an awning or similar weather protection element. Common building entrances
shall provide a minimum of 40 square feet of decorative and accent paving that contrast
in color and texture from the adjacent pedestrian walkway paving.
f. Windows and Doors. Please revise the plans to confirm compliance. Details should be
added to the plans.
Window Treatment. Windows shall either be recessed at least two inches from the plane
of the surrounding exterior wall, or shall have a trim or windowsill at least two and a half
inches in depth.
a. Windows Facing a Public Street or Common Recreational Spaces. Windows within 40
feet of public right-of-way or common recreational spaces shall feature enhanced window
treatments, such as decorative lintels, trim, shutters, awnings, and/or trellises.
Setbacks. Pursuant to the amendments proposed to the Bressi Ranch Master Plan, the RD-M
setbacks will apply to the proposed development. The required setbacks are as follows:
Front (north property line-Palomar Airport Road): 20 feet; can be reduced to 10 feet if fully
landscaped; as designed, the project complies.
Front (south property line-Gateway Road): 20 feet; can be reduced to 10 feet if fully landscaped;
as designed the project complies.
Street Side (east property line-Gateway Road): 10 feet; as designed, the project complies.
Side (west property line): 5 feet; as designed, the project complies.
9. Parking. The project description and plans submitted with the application indicate 1.5 parking
spaces per unit or a total of 580 spaces will be provided. Pursuant to MP 178(K), the parking shall
comply with Chapter 21.44, Parking Ordinance, of the Carlsbad Municipal Code. As a density
bonus is proposed, current density bonus law supersedes the Parking Ordinance. Per state
density bonus law, no more than one parking space can be required for studios and one-bedroom
units and no more than 1.5 spaces can be required two or three-bedroom units. The project plans
provide the following breakdown for the types of units:
Unit type:
Studio units: none
One-bedroom units: 180
Two-bedroom units: 111
Three-bedroom units: 29
Parking required:
180 x 1 space per unit = 180 spaces
111 x 1.5 spaces per unit= 167 spaces
29 x 1.5 spaces per unit= 43.5 or 44 spaces
TOTAL SPACES REQUIRED= 391
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10.
A total of 391 parking spaces are required and a total of 580 are proposed. Therefore, the
preliminary design currently complies with the minimum number of parking spaces required per
current density bonus law. A detailed parking analysis will be completed once the application is
submitted.
Parking dimension in a parking structure. 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.
Building Height. Pursuant to the proposed amendments to CMC Section 21.24.030 (RD-M,
Building Height), on sites with an R-40 land use designation, no building shall exceed a height of
45 feet. Please note, the proposed restrooms and enclosed fitness center on the roof,
preliminarily proposed at a height of approximately 74'-2" feet, are not allowable architectural
projections. Therefore, the structures are required to be included/considered as part of the
overall building height. To reduce building height and limit the visual impacts, staff strongly
recommends removal of these features on the roof. Further, since the proposed building height
exceeds 45 feet, an incentive/concession or waiver will need to be requested as part of the density
bonus request.
In addition, please provide details on the pool equipment room and restroom with the next
submittal. The design shall complement the architecture of the multi-family building.
11. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP) -The project site is located on
Lots 38 and 39 of the Bressi Ranch Master Plan, which is located within the McClellan-Palomar
Airport Influence Area (AIA). New development within the AIA must be reviewed for consistency
with an adopted land use compatibility plan for the airport. The Bressi Ranch Master Plan was
approved under the Comprehensive Land Use Plan (CLUP) for McClellan-Palomar Airport, which
was originally adopted on April 22, 1994 and later amended on October 4, 2004. A new document
has since been approved by the San Diego Airport Land Use Commission (ALUC). Renamed as the
McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP), this document was adopted on
January 25, 2010 and later amended on March 4, 2010 and December 1, 2011.
The proposed land use change is significantly different than the land use approved under the prior
compatibility plan. As a result, the project will be subject to review and consistency findings of
the new ALUCP (see ALUCP Policy 2.3.2(c)). Please be advised the ALUC has reviewed the
proposed changes to the General Plan Land Use designation as part of the -EIR process that is
currently underway for the potential new housing locations. Please see attached letter from the
ALUC for reference.
If a determination of consistency is made as part of the current EIR process, ALUC review may not
be required for the proposed project. Preliminary review of this project against the new ALUCP
revealed the following:
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a. Exhibit 111-1-Compatibility Policy Map: Noise. The project site is 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 site is located entirely within
Safety Zone 6 (Traffic Pattern Zone) per Exhibit 111-2. Pursuant to Table 111-2 (Pgs. 3-45
through 3-52), Residential, >20.0 du/ac is considered compatible within Safety Zone 6
with no F.A.R. restrictions. However, the project proposes some small
communal/assembly-type areas (i.e., communal terraces, pool area, game room,
community room, lounge, fitness area, etc.), that would all need to be further analyzed
within a formal submittal after additional information has been provided regarding the
sizes of each and their maximum accommodations.
c. Exhibit 111-3 -Compatibility Policy Map: Part 77 Airspace Protection. The project site is
located within the 7:1 Transitional Surface contour of Exhibit 111-3. Formal submittal of
this project under the ALUCP would require compliance with the Federal Aviation
Administration's (FAA) Federal Aviation Regulations (FAR) Part 77, Objects Affecting
Navigable Airspace. FAR 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. Because the proposed building height
exceeds what is currently being studied in the Draft EIR for the Housing Plan Update and
what is allowed in the RD-M zone and the Bressi Ranch Master Plan, an FAA Part 77 may
still be required. A final determination will be made once the application is submitted.
d. Exhibit 111-4 -Compatibility Policy Map: Overflight. The project site is located within the
Overflight Notification Area. Pursuant to the ALUCP Policy 3.6 -Overflight Compatibility
Policies for McClellan-Palomar Airport, real estate disclosures and overflight notification
documents would need to be recorded.
e. Exhibit 111-5 -Compatibility Policy Map: Airport Influence Area. The project site is located
within Review Area #1 of the Airport Influence Area. Review Area #1 consists of locations
where noise and/or safety concerns may necessitate limitations on the types of land use
actions. Please see discussions above in subsection a) and b).
f. Exhibit 111-6 -Compatibility Policy Map: Avigation Easement Area and Overflight
Notification Areas. The project site is located outside of the Avigation Easement Area,
but is located within the Airport Overflight Notification Area. As noted above in
subsection d) above, real estate disclosures and overflight notification documents would
need to be recorded.
Please see link below for the McClellan-Palomar Airport Land Use Compatibility Plan:
https:ljwww .ca rlsbadca .gov /home/showpubl ished docu ment/226/637 4466177 57230000
12. Architecture/Massing.
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a. The architectural design of the building shall comply with the minimum residential design
standards of MP 178(K). The architectural design guidelines can be found in Section X of
MP 178(K).
b. Significant upgrades are recommended to the west elevation, which lacks building
articulation. The northern one-third of the elevation faces the light industrial business
park to the west and will be highly visible to east-bound traffic on Palomar Airport Road.
Please consider revising the floor plan on this side of the building to relocate the hallway,
similar to what is proposed on the east side of the building. Additional articulation is
needed on this side of the building and relocating the hallway may address this concern.
Other design changes can also be considered to further articulate the west elevation.
Please make sure tall growing trees are a part of plant palette in this area. The ODS also
require additional articulation in this area. Waivers may need to be requested if the
project does not comply.
c. Please add a large plant green screen to the west elevation of the parking garage to
further articulate this elevation. Please revise the landscape plan, elevations and site plan
to address this comment. The response notes Italian Cypress are proposed along the west
elevation. I do not see this tree in the palette. Please confirm with landscape architect.
The overall goal is to provide tall evergreen trees along this elevation.
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. On civil plan or site plan, include 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.
2. If a Local Mobility Analysis is required by the City's Traffic Division, refer to the Transportation
Impact Analysis Guidelines at:
https://www.carlsbadca.gov/home/showpublisheddocument/328/637425982502330000.
3. Depending on the CEQA determination, which is determined after the application for
discretionary permits is submitted and assuming such permits are required, a Vehicle Miles
Traveled (VMT) analysis may be required per the Vehicles Miles Traveled Analysis Guidelines
available at https:ljwww.carlsbadca.gov/home/showdocument?id=312.
4. Based on the completed E-34 form this project is a Priority Development Project (PDP) and a
complete Storm Water Quality Management Plan (SWQMP) is required. The 'Preliminary Storm
Water Basis for Design' report dated October 2023 and submitted with this application correctly
concludes that the property is subject to hydromodification and that critical course sediment yield
areas (CCSYA) are mapped on the property per the Watershed Management Area Analysis
(WMAA). As noted in the report, a complete evaluation will be included in the SWQMP to
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determine if the project is exempt from further analysis of CCSYA. Also, incorporate trash capture
measures on the project plans and into the storm water quality management plan to be prepared
per form e-35. The post construction stormwater treatment BMPs shall be shown on a conceptual
grading plan and drainage plan with the discretionary application or on the construction grading
plans if no discretionary application is required.
5. Provide a Preliminary Title Report (current within the last six (6) months).
6. Annotate and delineate all existing easements and encumbrances listed in the Preliminary Title
Report on the site plan. If any vacations or quitclaims are planned with this development
annotate on the site/civil plan. The private drainage easement appearing on Map 14960 shall be
vacated. Consult the HOA and SDG&E for encroachments proposed within their respective
landscape and utility easements appearing on the property.
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 for each drainage basin. Per the
'Preliminary Storm Water Basis for Design' report dated October 2023 and submitted with this
application the proposed vault at the southwest corner of the property will be used to reduce the
increased post-development runoff of the QlOO storm to pre-development levels in addition to
hydromodification measures for the 85th percentile storm. Provide vault model and details and
include all invert elevation, flow line elevations, weir elevations and orifice sizes to demonstrate
proper flow and retention.
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 will require a grading permit and grading plan.
10. NGVD 29 datum for vertical control was used and is the proper datum to use.
11. Plot direction of roof drainage flow on the DMA exhibit and civil plan.
12. An adjustment plat with a certificate of compliance will be required for the lot consolidation.
Alternatively, a subdivision map may be processed in lieu of an adjustment plat.
13. Show location and dimensions of all accessways and pathways as required for compliance with
Title 24-State Accessibility Requirements.
14. If the project is planning to connect a storm drain to the sanitary sewer for emergency and
incidental flows in the covered parking garage, the developer shall apply for a provisional source
control permit with Encinas Wastewater District.
15. Be aware that, as stated in the previous preliminary review PRE2023-0036, a sewer study and
water study will be required with your discretionary applications, or if discretionary applications
are not required, with the grading plan check.
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16. Address the comments on the attached redlined plan.
17. Please be advised that a more in-depth review of the proposed development will occur with the
discretionary permit application or grading plan check application when a more complete design
of the project is provided.
Utilities:
**Since a water and sewer study were not submitted for review, the subject preliminary review was not
routed to Utilities for additional review/comment. Therefore, the comments from the previous
preliminary review, PRE 2023-0036, are included below for reference. If no discretionary permits are
required, the studies shall be submitted for review as part of the grading permit submittal.
1. Prior Utilities comment to submit a water study under PRE2022-0051 is noted in responses as in
process and will be submitted with next submittal. It is noted that a zoning change is being
processed for this project, which will require CMWD modeling the development impacts to the
existing water system at the developer's expense and may trigger off-site water improvements as
a condition of approval.
2. Prior Utilities comment to submit a sewer study under PRE2022-0051 is noted in responses as in
process and is expected to be submitted with next submittal. It is noted that a zoning change is
being processed for this project, which will require Carlsbad modeling the development impacts
to the existing sewer and pump station at the developer's expense and may trigger off-site sewer
improvements as a condition of approval.
3. Revise and update Civil Site Plan indicating utility connection locations with meter and backflow
sizes based on approved water and fire flow demands. All connections to the public utilities shall
be detailed on plans in accordance with current city engineering standards.
a. Approved Fire Department flow requirements shall be used to determine the size(s) and
number of potable water utility connections that are required for fire protection and
sprinkler system.
b. Irrigation connection(s) shall require a separate meter and backflow. Note: It is advised
that Landscape Plans not be submitted for approval prior to finalizing civil site plans as
any subsequent modifications would trigger resubmittal.
Traffic Division:
1. Please coordinate with Nick Gorman, nick.gorman@carlsbadca.gov, to submit a Scoping
Agreement per the latest City of Carlsbad Transportation Impact Analysis Guidelines.
Landscaping:
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Numbers below are referenced on the red line plans where appropriate for ease in locating the area of
the comment concern.
1. During the Pre-Concept review there was a question whether recycled irrigation water may be
used within the fenced pool area. CMWD has reviewed this question and stated that recycled
water is acceptable as long as there is no overspray. For the proposed drip system in the pool
area, recycled water is acceptable.
2. There is one symbol that appears to be for an existing tree near the corner of Palomar Airport
Road and Gateway. Please identify what this tree is and whether it is to remain or be removed.
3. On the Slope Planting Notes (sheet L.7), for Standard 3, please revise 2-3/4" liners to 1-gallon
containers.
4. Eight Pepper Trees are shown along Palomar Airport Road. They are shown outside of the Right
of Way. Please verify with Parks Department during this Concept Plan phase, the actual location
of the trees. If they are included in the City Street Tree Inventory (per Parks and Recreation
Department), then they should be relocated inside the Right of Way. Please verify and adjust
locations as appropriate.
5. Please coordinate with the civil engineer to show and identify the CalTrans Sight Stopping
Distance Lines at street and driveway intersections as are shown on the civil plans. As with the
sight triangles, no visual obstructions greater than 30" will be allowed within the CalTrans sight
lines.
6. Please add a note to the plan to specify that any trees located within a vehicular sight line must
have all limbs removed to a height of 6 feet above the adjacent top of curb.
7. Four existing City Street Trees are identified to be removed. Please submit plans to the City Parks
Department and determine through the Parks Department if these trees are designated as City
Street Trees. Please provide a memo from the Parks Division indicating their determination
regarding the trees (approved for removal, protect in place, remove and replace, etc.) Depending
on the determination by the Parks Division, the applicant may need to complete an application
for removal and have it approved by the City. The applicant should contact the Parks Department
to request preliminary approval but should advise the Parks Division to refrain from drafting or
posting a bulletin until 30 days prior to anticipated site demolition.
8. Please provide a colored or hatched plan clearly showing where recycled water, graywater and
potable water are proposed to be used for irrigation. It is noted that the general site will be
irrigated with recycled water, Please include the swimming pool/spa as potable water. This plan
will be forwarded to Carlsbad Municipal Water District (CMWD) for review. Any comments will
be returned to the applicant.
9. Please provide a callout label to identify each and every BMP feature with associated planting and
irrigation. Please include the "Biofiltration Raised Planter Boxes" identified on the civil grading
plan. It is not clear if these are currently shown on the landscape plan.
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10. On the Shrub Planting Legend, please revise the WUCOLS IV water use categories for the plants
noted in the legend.
11. PLEASE RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and
colored water use plan) for the next submittal. The submittal must be made to a Planning Division
staff member at the Planning counter along with a transmittal clearly indicating what the
submittal is for {i.e. Conceptual Plan re-submittal). Please provide a written response to all
comments clearly indicating where and how each comment was addressed.
1. Fire access has been approved through an Alternative Means and Method (AM&M) submittal.
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: David Rick, Project Engineer, at (442) 339-2781
• Public Works, Traffic: Nick Gorman, at (442) 339-2793
• Public Works, Utilities: Markus Mohrle, at (442) 339-2322
Sincerely,
ERIC LARDY
City Planner
EL:SH:ES
Enc: Airport Land Use Commission Consistency Determination letter dated November 13, 2023
Landscape red lines
Engineering red lines
c: Eric Lardy, City Planner
Cliff Jones, Principal Planner
David Rick, Project Engineer
Markus Mohrle, Utilities
Nick Gorman, Traffic
Laserfiche/Data Entry
Case File
November 13, 2023
Mr. Scott Donnell
City of Carlsbad
1635 Faraday Avenue
Carlsbad, California 92008
Re: Airport Land Use Commission Consistency Determination -General Plan
Amendments to Housing and Public Safety Elements with Rezones, City of
Carlsbad
Dear Mr. Donnell:
As the Airport Land Use Commission (ALU() for San Diego county, the San Diego
County Regional Airport Authority (SDCRAA) acknowledges receipt of an
application for a determination of consistency for the project described above.
The area covered by this project lies within the Airport Influence Area (AIA) for
the McClellan-Palomar Airport -Airport Land Use Compatibility Plan (ALUCP).
ALUC staff has reviewed your application and accompanying materials and has
determined that it meets our requirements for completeness. In accordance
with SDCRAA Policy 8.30 and applicable provisions of the State Aeronautics Act
(Cal. Pub. Util. Code §21670-21679.5), ALUC staff will report to the ALUC that the
proposed project is conditionally consistent with the McClellan-Palomar
Airport ALUCP based upon the facts and findings summarized below:
(1) The proposed project involves amendments to the Carlsbad General Plan
Housing and Public Safety Elements and rezoning of 18 sites (12 within the
AIA) to designations allowing residential uses or increased residential
densities. One of the rezone sites (Site 9) was previously reviewed and found
to be conditionally consistent by a prior ALUC consistency determination in
2020.
The proposed General Plan amendments are to implement the rezones, to
reflect current disaster mitigation and planning practices, and to implement
state law. No actual development is proposed under the current project, but
future development may be subject to ALUCP compatibility factors as
detailed below.
PO Box 82776
San Diego, CA 92138-2776
www.san.org/aluc
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COUNTY
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' •'
.• . }~ . .• -~ ~-~!t• ,
(2) Four-of the re.?one sit~s (Sites 6, 8, 9, and 16) of the proposed project are
located within the 60-65 decibel Community Noise Equivalent Level (dB
CNEL) noise contour. The ALUCP identifies residential uses located within
the 60-65 dB CNEL noise contour as conditionally compatible with airport
uses, provided that the residences are sound attenuated to 45 dB CNEL
interior noise level.
Therefore, as a condition of project approval, future residential development
under the proposed project which is located within the 60-65 dB CNEL noise
contour must be sound attenuated to 45 dB CNEL interior noise level.
(3) The proposed project does not involve any actual construction, but all sites of
future development under the project would be subject to the applicable
airspace protection standards of the ALUCP. The ALUCP identifies proposed
construction as compatible with airport uses, provided that a determination
of no hazard to air navigation has been issued for the proposed construction
on the site by the Federal Aviation Administration (FAA) or the project
sponsor has certified that notice of construction is not required to the FAA
because the construction is located within an urbanized area, is substantially
shielded by existing structures or natural terrain, and cannot reasonably
have an adverse effect on air navigation.
Additionally, the ALUCP requires that an avigation easement for airspace
protection be recorded in favor of the airport operator with the County
Recorder for any construction on sites in which the existing grade penetrates
FAA airspace protection surfaces. Site 10 of the project application lies within
the terrain penetration area requiring recordation of an avigation easement.
Therefore, as a condition of project approval, all future construction under
the proposed project must obtain a determination of no hazard to air
navigation from the FAA ·or be certified by the project sponsor as not
requiring notice of construction to the FAA. Additionally, all construction
within terrain penetration areas identified by the ALUCP as requiring an
avigation easement, such as on Site 10, must record the avigation easement
with the County Recorder.
(4) Seven of the rezone sites (Sites 4 and 6 through 11 inclusive) of the proposed
project are located within safety zones. All seven sites lie at least partially
within Safety Zone 6, and the ALUCP identifies residential uses located within
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Safety Zone 6 as compatible with airport uses. A portion of Site 1 0 is located
within Safety Zone 2, and the ALUCP identifies residential uses located within
Safety Zone 2 as not compatible with airport uses.
Therefore, as a condition of project approval, future residential development
under the proposed project may not be permitted within Safety Zone 2
unless the proposed development is permitted in accordance with the
applicable overrule procedures as defined in the aforesaid State Aeronautics
Act.
(5) The proposed project does not involve any actual development, but sites of
future residential development may be subject to overflight notification
requirements. The ALUCP requires that a means of overflight notification be
provided for new residential land uses located within the overflight
notification area.
Therefore, as a condition of project approval, a means of overflight
notification must be provided for each residential unit located within the
overflight notification area. In instances when an avigation easement is
required, such as for Site 10, the overflight notification requirement is
satisfied.
(6) Therefore, if the proposed project contains the above-required conditions,
the proposed project would be consistent with the McClellan-Palomar
ALUCP.
(7) A determination of consistency is not a "project" as defined by the California
Environmental Quality Act (CEQA), Cal. Pub. Res. Code §21065, and is not a
"development" as defined by the California Coastal Act, Cal. Pub. Res. Code
§30106.
The information above will be reported to the ALUC to confirm this letter at its
public meeting on December 7, 2023. The determination of consistency will be
final as of that meeting, unless the ALUC finds cause to delay such action, in
which case a determination will be rendered within 60 days of the date of this
letter, to be confirmed by additional correspondence.
Any determination rendered by the ALUC is limited to the project plans and
descriptions submitted with the application and is not transferable to any
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revision of this or any similar, future project involving a change in land use, in
building or crane height, or in building area in excess of 10 percent (provided
area increase does exceed ALUCP standards) of any prior ALUC determination.
Any change or exceedance in these characteristics requires a new consistency
determination prior to decision-making consideration by the local agency.
Please contact Ed Gowens at (619) 400-2244 or egowens@san.org if you have
any questions regarding this letter.
Yours truly,
/'i;
(/
Ralph Redman
Manager, Airport Planning
cc: Amy Gonzalez, SDCRAA General Counsel
Sjohnna Knack, SDCRAA Planning and Environmental Affairs
Jamie Abbott, County of San Diego Airports
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