HomeMy WebLinkAboutPRE 2024-0025; 2361-2363 JEFFERSON STREET; Admin Decision LetterCity of Carlsbad
JUN O 7 2024
Planning Division
June 7, 2024
Taylor Strack
Suite 200
3890 Murphy Canyon Road
San Diego, CA 92123
SUBJECT: PRE 2024-0025 (DEVZ024-0049) -2361-2363 JEFFERSON STREET
APN: 155-180-44-00
{cityof
Carlsbad
Thank you for submitting a preliminary review for residential improvements proposed in the rear of the
property at 2361·2363 Jefferson Street, assessor's parcel number {APN) 155-180-44-00. The project site,
an approximately 0.32-acre {13,939-square-foot) lot, currently is developed with a 3,255-square-foot
duplex residential building. Vehieular access Is provided off Jefferson Street.
The project proposes to:
• Repair a slope and retaining wall failure with an upper and lower tied-back wall. The. exposed
portion of the upper wall is approximately 5.5-feet in height and the lower wall approximately
6.5-feet In height.
• Construct a deck over a downhill perimeter slope and lower tied-back wall.
In response to your application, the Planning Division has prepared this comment letter. Please note that
the purpose of a preliminary review ls 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 proiect. lt 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. n@w 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 Land Use Designation: R-15, Residential (8-15 dwelling units per acre)
b. Zoning: Multiple-Family Residential (R-3) Zone.
c. Coastal Zone: The project site is located within the Coastal Zone and is subject to the Mello II
Segment of the Local Coastal Program {LCP). The LCP Land Use and Zoning are consistent with
the City's General Plan Land Use and Zoning for the site. The property Is located within the
California Coastal Commission's Appeals Jurisdiction.
d. Overlay Zones. The project is located within the Coastal Shoreline Development Overlay Zone
(Carlsbad Municipal Code Chapter 21.204)
PRE 2024--0025 (DEV2024-0049} -2361-2363 JEFFERSON STREET
June 7, 2024
Page2
2. The project requires the following permits:
a. Coastal Development Permit (COP). Carlsbad Municipal Code Section (CMC) 21.201.030
states, "any applicant wishing to undertake a development (defined in. CMC Section
21.04.107} In the coastal zone shall obtain a minor coastal development permit or coastal
development permit in accordance with the provisions of this chapter, in addition to any other
permit required by law."
A Major CDP is required if the development costs sixty thousand dollars or more. If less than
sixty thousand dollars, a Minor CDP wifl be requfred. The decision-making authority for the
Major and Minor CDPs are the Planning Commission and Oty Planner, respectively.
3. Coastal Zone. This property is subject to all applicable Mello II Segment policies in the Local Coastal
Program (LCP). The property is in the Permit Appeals Jurisdiction. The Coastal Commission or another
party may appeal the City's decision on the project if they disagree with the City's interpretation of
standards applied to the project.
4. Coastal Strlngline. Pursuant to the Coastal Shoreline Development Overlay Zone, no decks or other
appurtenances shall be permitted further seaward than those allowed by a line drawn between those
on the adjacent structures to the north and south. No stringline exhibit was provided with the
preliminary review application. With any formal submittal of this proposal, a detailed plotting of the
applicable structures and appurtenances on the adjacent properties to the north and south will be
necessary for determining accurate stringline measurements for the project.
For the stringline exhibit, if the adjacent property or structure has no deck or walls, the stringline
cannot be drawn to the nearest property or structure that has a deck or walls. It shall be drawn to the
most adjacent edge of the structure immediately adjacent to the north or south. Please see direction
from the Coastal Commission in Attachment A. With the formal submittaf's stringline exhibit, please
provide the location of the adjacent structures.
s. Hillside Development Regulations. CMC Section 21.95.140 prohibits development on downhill
perimeter slopes over forty percent gradient with an elevation differential greater than fifteen feet.
In accordance with CMC Section 21.95.130, a slope analysis and slope profiles shall be illustrated on
a constraints map, and shall accompany all development submittals which propose grading or
development of slopes which have a gradient of fifteen percent or more and have an elevation
differential greater than fifteen feet. If the slope has a gradient of greater than forty percent and an
elevation differential of greater than fifteen feet, the proposed deck, walls, and stairs will not be in
compliance with the CMC.
6. Deck. Although a stringline exhibit was not provided with the preliminary review application, the
location of the proposed deck does not appear to meet stringline requirements. With a formal
application submittal, a stringllne exhibit will be required to demonstrate the proposed deck complies
with the stringline requirements ..
According to City GIS data, the deck also appears to be proposed on a slope that has. a gradient of
greater than forty percent and an elevation differential of greater than fifteen feet. As mentioned in
the previous comment, slopes that meet this criterion are undevelopable.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
PRE 2024-0025 (DEV2024-0049) -2361-2363 JEFFERSON STREET
June 7, 2024
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In the R-3 Zone, interior lots shall have a side yard on each side of the lot which has a width that is ten
percent of the width of the lot; provided, that such side yard shall be not less than five feet in width
and need not exceed ten feet. On a formal submittal, please show how the proposed deck Is meeting
the required setback.
Please include the proposed deck in a lot coverage calc.ulation with a formal submittal. Please note
that the allowable lot coverage in the R-3 Zone is no more than sixty percent.
7. Walls. The Slope Repair Approach Summary that was provided with the preliminary review application
states:
"In early February 2024, ENGEO was notified of a recent failure and erosion at 2361 and 2363
Jefferson Street and was requested to perform a site visit to provide guidance for mitigation.
Dun'ng our visit, we observed the following.
1. Mid-slope retaining wall failure from saturation due to recent rainfall and surface drainage
issues causing surficia/ instability, and erosion from surface water runoff on the slope and
below the top-of-slope sidewalk.
2. Deck movement attributed to the additional surcharge placed on the deck by a portable hot
tub and saturation of backfifled soil below the deck from surface runoff coming off the roof
and driveways~ and including saturation of the surface soil and plants.
3. We did not observe significant distress to the structure of the home. Movement appears to
be confined to the slope~ retaining walls, wood deck, and top-of-slope sidewalk and stairs.
4. We also observed a drainage line near the base of the southwestern retaining wall (below the
deck) that appeared dry, which suggests that the pipe may be clogged or broken."
When proposing walls for slope repair, the walls must be designed in a way that aligns with stringline
requirements as each wall is a considered an "appurtenance." This means that the walls should not
extend beyond the established wall stringline to ensure consistency with the surrounding
development. With a formal application, please provide a stringline drawing to compare adjacent
walls.
According to City GIS data, the walls appear to be proposed on a slope that has a gradient of greater
than forty percent and an elevation differential of greater than fifteen feet. Retaining walls are not
permitted on downhill perimeter slopes that meet this criterion.
Please note that walls are limited to six feet in height outside of the front yard setback. The height of
the walls will need to be dimensioned on a formal submittal.
8. Stairs. The proposed stairs are considered an "appurtenance" also subject to stringllne requirements.
With a formal application submittal, please provide a stringline drawing to compare adjacent stairs.
According to City GIS data, the stairs appear to be proposed on a slope that has a gradient of greater
than forty percent and an elevation differential of greater than fifteen feet. As mentioned in a
previous comment, slopes that meet this criterion are undevelopable.
9. Coastal Shoreline Development Overlay Zone. The Coastal Shoreline Development Overlay Zone shall
be applied to areas within the Mello II Segment of the Carlsbad local coastal program located between
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442~339-2600
PRE 2024-0025 (DEV2024-0049) -2361-2363 JEFFERSON STREET
June 7, 2024
Page4
the sea and the first public road parallel to the sea. Therefore, this project Is subject to all applicable
requirements• of CMC Chapter 21.204 lncluding all code sections regarding public access. With a
formal submittal, please include a geotechnical report addressing the .requirements of CMC Section
21.204.110.
10. Lateral Access Easement. Available maps show there is an access route between the rear of the
property and the lagoon. A preliminary title report will be needed to determine if this access is an
easement, road, or neither and to confirm whether an eXlsttng lateral public access easement at the
rear of the property exists. Please refer to Policies 7-3 and 7.;,6 of the Mello II Segment of the Local
Coastal Program and CMC Section 21.204.060 for additional information. If there is not. an existing
lateral access easement, please note it will be required as a condition of approval and may be required
at the top of the slope. Please plot all easements listed in the title report on the site plan submitted
for formal review. Please see link to LCP for additional information.
https://www.carlsl}adca.goylhome/jhowpubllsheddocument/236/637425974089530QOO
11. Habitat Management Plan. A 100-foot buffer between the wetlands and any development, grading,
or alterations, Including clearing of vegetation is required. The buffer areas shall be permanently
preserved for habitat uses through provision of an open space easement as a condition of project
approval.
A 20-foot buffer for all other native habitats (coastal sage scrub, southern maritime chaparral,
maritime succulent scrub, southern mixed chaparral, native.grassland, oak woodland) Is required from
any development, grading, or alterations, including clearing of vegetation.
12. Paleontological and Archaeological Report. On Sheet 2 of the provided exhibit, Cross Section A shows
disturbance of the Santiago Formation and Terrace Deposits. With a formal application submittal,
provide a paleontological and archeological survey for the proposed disturbance. The project will be
conditioned to have qualified monitors on site during any grading, excavation, or any ground
disturbance.
13. Landscape Plan Check. Landscape construction drawings are required to undergo landscape plan
check for new development projects where the total landscaped area for the development is 500-
square-feet or more requiring a building permit, landscaping plan check, design review or
discretionary permit. Conceptual landscape plans shall be submitted with the CDP application.
14. The Slope Repair Approach Summary that was provided with the preliminary review application
mentions proposed residential additions to the first and second level of the residential building. No
residential additions were mentioned or shown in the exhibit provided with the application.
Thereforei staff is not providing comments regarding a proposed addition. Residential additions will
need to be evaluated for inclusion and potentially a Coastal Development Permit under Section 21.210
of the Carlsbad Municipal Code.
All necessary applicatlonforms, submittal requirements, and fee information are available atthe Planning
counter located in the Faraday Buflding at 1635 Faraday Avenue or online at
https:ljwww.carlsbagca.goy/departments/community-development/planning. You may also access the
Community Dwelopment Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
PRE 2024-0025 (DEV2024-0049) -2361-2363 JEFFERSON STREET
June 7, 2024
Page 5
General Plan Land Use Element and the Zoning Ordinance onllne at the website address shown. Please
review all information carefully before submitting.
Land Development Engineering:
1. Please 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.
2. Based on a preliminary analysis it appears that this project will be a Standard Project. Please complete
the Standard Project Requirement Checklist, Form E-36, and show all source and site design BMPs on
the conceptual gradlng and drainage plans.
3. Please provide a Preliminary Title Report (current within the last six (6) months}.
4. Please annotate and delineate all existing easements and encumbrances listed in the Preliminary Title
Report on the site plan.
5. A stand-alone geotechnical report to evaluate this specific slope repair is required to evaluate the
feasibility of the project. Guidelines for preliminary geotechnical studies are available on the City of
Carlsbad Engineering website. The stand-alone geotechnical report for the proposed project should
address the currently ado·pted 2022 California Building Code and City of Carlsbad grading ordinance
and include thorough discussions and descriptions of the subject site, proposed remedi.ation concept,
soil and geologic conditions, slope stability discussion and analysis including both surficial and gross
slope stability analysis, laboratory testing, sufficiently large-scaled geotechnical map and geologic
cross-sections, test pit/boring logs, and all conclusions and recommendations for the propose work.
The report should be signed and stamped by both the geotechnical engineer and engineering
geologist.
6. Per CMC Section 15.16.060 this project will require a grading permit and grading plan.
7. 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.
8. Please delineate and annotate the limits of grading. Plot proposed tie back anchors on the site plan
and address any concerns with tiebacks extending underneath the building footprint.
9. Please delineate and annotate approximate topographic contours for existing and proposed
condition. Provide 1-foot contours for slopes less than 5%; 2-foot Intervals for slopes between 5% and
10%, and 5-foot intervals for slopes over 10%. Extend contours a minimum 25feet beyond the project
boundary.
10. Please indicate the earthwork quantities (cut, fill, import, export, remedial) proposed for the project
in cubic yards.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
PRE 2024-00ZS (DEV2024-0049)-2361-2363 JEFFERSON STREET
June 7, 2024
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11. Please spe.cify corrective drainage measures and clearly plot the existing and proposed flow lines to
show how drainage will be redirected away from the slope as recommended in the Slope Repair
Approach Summary dated April 10, 2024. Unless otherwise specified by a geotechnical engineer,
method of drainage shall comply with California Building Code (latest version) section 1804.4.
12. Please clearly show and label the 100-year flood tine, if located on the property, at the base of the
slope for existing and proposed conditions.
13. Please show top of wall and bottom of wall elevations, including at the highest and lowest points, of
the proposed tied-back walls.
14. Please provide a scaled cross section to show the existing and proposed ground, the proposed wall~
the footing, tie-back depths, and remedial excavation. Since the walls are proposed to the side
property lines, provide a temporary construction easement or permission to grade letter from
adjacent owner to use their property to grade or construct the walls, ifaccess to the adjacent property
is needed.
15. Please delineate location of all existing and proposed buildings, walls, fences, and permanent
structures onslte and within 25 feet of the site.
16. Please show existing lot line bearing and distance.
17. 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.
Environmental Sustainability, Hal;)ltat Management Division:
1. The property is in the Coastal Zone and, therefore, must follow Coastal Zone standards in the HMP.
A link to the HMP is provided below.
https://www.carlsbadca.gov/home/showpubUsh@ddocument/224/63744661670960QOOO
2. Please submit a biology report to address the concerns below. The report can be in the form of a short
memo, but must include the following:
a. Vegetation mapping within 100 feet of the property,
b. Delineation of the required 100-foot wetland buffer from the edge of wetland habitat to
the west,
c. Delineation of any potential 20-foot upland buffers offsite,
d. Show the limits and acreage calculation of all project impacts, including grading,
vegetation removal, structures, equipment access, etc.,
e. Include breeding bird avoidance impact measures (e.g., avoid breeding season or conduct
nest clearance survey before the work is started).
3. Please provide a detailed description of the project and methods (including structures, recontouring,
etc.); describe how the slope will be replanted.
4. Coastal Zone standard 7-11 requires that "no development, grading, alterations1 including clearing of
vegetation, shall occur in the buffer area ... buffer areas that do not contain native habitat shall be
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
PRE 2.024-0025 (DEV2024-0049) -2361·2363 JEFFERSON STREET
June 7, 2024
Pa e7
landscaped using native plants." It would be best to avoid all impacts into wetland or upland buffers
if at all possible. If that is not possible, then coordination with the Coastal Commission will be
necessary.
Building Division:
1. Preliminary plan submittal is okay for conceptual understanding. Plan submittal shall include sufficient
detail to comply with CBC Chapter 16 and 18, including geotechnlcal evaluation and
recommendations. BMPs for sediment control shall also be included.
Fire Department:
1. No Fire comments or concerns.
If you would like to schedule a meeting to discuss this letter with the commenting departments, please
contact Edward Valenzuela at the number below. You may also contact each department individually as
follows:
• Planning Division: Edward Valenzuela, Associate Planner, at (442) 339-2624
• Land Development Engineering: David Rick, Project Engineer, at (442) 339-2781
• Fire Department: Randy Metz, Fire Inspections, at (442) 339-2661
• Building Division: Shawn Huff, Building .Official, at (442) 339-5338
• Environmental Sustainability: Rosanne Humphrey, Senior Program Manager, at (442) 339-2729
Sincerely,
ERIC LARDY, AICP
City Planner
EL:EV:CF
c: Tom Geideman, Red and Brown Properties Inc., Property Owner, 2363 Jefferson Street, Carlsbad,
CA92008
David Rick, Project Engineer
Rosanne Humphrey, Senior Program Manager
Laserfiche/File Copy
Data Entry
Attachments:
1. Coastal Commission Stringline Interpretation Correspondence
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
PRE 2024-0025 (DEV2024-0049)-2361-2363 JEFFERSON STREET
June 7, 2024
Page8
Jason Goff
OonNeu
Thursday, AUgust 20, 2015 1:40 PM
Planning Oept
StringliM Setback Determination from Coastal Comml§Jon.Staff
Attathed foryourinformation is a t«ent eftlaU Greg received rrom Coastal Commission staff. ioni Ross describes how
Coastal Commi$$ion staff .pplles tile strlngltne setback requirements,
Don
&om>4J•,tont~ fmdf!?:TonUtosst§?q;ffll1a,goyJ
~JU841Yt,~lli2·!i;~iq? ft-4
To:Greg Asf\er; lilly~ £>1apa(ttoastal
Cc: 'KevinOhaltockarchitetts.com'
SUbjtct: REt ANA Deck
G~g/Keltln.
thank you for your patltlme ln waltlng for thlS latut response. t Vllnt to be clear that staff previOusly pve you
prelimit'tary-feedback on this project r.d$1n&,com:erm that the required tCP strlngftne for the subject de(:k should be
r1rawn from the adjKent structures, not ti. adjKent lot. After disc\!sslng this with you, staff creed that we would
, tiler review the City', irlterpretrtion.of the L<'.P, & Wlll as revu!W dmitar project$ that have been approved elsewhere
• Southern talit'Qmla and provide you with adclltional commenu. Having dom:t that, Commission staff has concluded
4nat tht int•rpretation of the LCPthat Is most~ of coastal resources requires that in the absence of a dedc on
~• $IN, the strirlgllJiec should be mea,ured fror,\ the most adjacent edge afthe deck to the nortt,, to the most adjacent
~• of the building to thtt south,.
to recap, the proposed development Includes the expansion of an existing deck on 1ht western stde of 'an exlsth'lJ
"5iden,ewithin the Army Navy Aatdemy located in the City of tarts bad. The City'$ le? cont.iM a provision addressing
t!ed!/stnngfine setbacks, and this policy maintains that the llne of development cannot extend beyond the edge of
<feve!opmenton the two adjacent structures. Speclfltally, the Polley states:
jew development fronting the ocer.m maH obffrve at o minfmum, an «~n setback btJsed on ~trlngHM"
jtethad of measurement No enc/0$ed portions of a stfrJCturt! Jhallbe permitted further seaward than aJ/awed by
'j line drawn between the adJ"acent structure tothe north and 50Uth, no deck$ or ot:heroppu.tmnma!$ $h.al1 be
i/tetnutted further seowa:01thon those allowed by a JIM drawn between thosru:,n the odjoetmt mvc:tt.1rtt to the
• r,orth t.md south. A greater ocean setb«k may be ffl((IJJred for gtof0(11CDI reasOM amJ if speeiftfd in the Local
t:oasttlf Program. t_,.pham added]
Jn this case. the st:Ncture to the south 15 the Army Navy ~, Center. Although this strw:tlh don not include a deck, the
jl:P nonetheless requlres the striflgJine beorawn ta the adjacent structure. thus, the strlngline should be meawred
from the most ad}acent edge. of the deck to the north, to the most adjacent edge of the bultdln, (Rec center) tQ the
$0\lth. lt is staffs understanding that City staff have Indicated that the stringllne should be drawn from the most
·,mlnent portfon of the deck to the nortl\ to the moS? prominent portion of the nearest eldstlng deck located three
:uctunts to the south of the s@)ec.t site. Commission staff respectfUtfy disagree with the City. 8y 1) allowing the
Jfrlngline to be drawn from the most prominent and not the most adjacent corner of any str'lldure; and, 2) drawing the
;irtngline across mutt'Tpte scructures in the absence of decking on the most adjacent structure, a negatrn prtcedtnt
1
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
PRE 2024-0025 (DEV2024-0049) -2361-2363 JEFFERSON STREET
June 7, 2024
Page9
would be established that wouJd allow development of both decking and enclosed structures at this site and other
Jfean fronting lot$.throughout the Cltyto encroach significantly further seaward than the exlstlng line Qf
~lopment. 1his enaoechm..-.tt<>uld resutt Jn mi.tltlpte Impacts to coastah·esources (p~ of:exiStins ~•
•~ews, adequate public access, et~.}. that WOJ.lld be inconsistent with the City's~ c.oc.t Coastal Program. As SU(}'
(ommission staff cannot support a stnngline as drawn on plans submitted by liaUodc. AKhitects, ~ 5/24/202.S.
Other informatk>n which may be received during the City's review period will be revl~wed by staff during the coastal
J;kwelopment permit process. If the project Is appealed tQ the Commission, a final determination as to the project's
consistency with the coastal Att wru be made by the coastal commission Itself.
i?lease feel free to contact me if you have any further"questlons or cone.ems,
Thank:vau,
Toni Ross
From: Kevin Hallotk [mallto;f(ayin@hallgckan:;hlh;ck,mm]
Sent: Tuesday, August tl, 2015 2:31 PM
Ttr. Ully, Dlana@Coastal
Cc: A.oss, Tonl@Coastal
SUbjec:t: ANA Deck
Good afternoon Diana,
First let me say I appreciate the effort that the CCC has put into our detk project at the AN Atademy. Unlqut
project, Staffing changes, I get that. I understand thtt Torll, our planner ts out siek today and was unable to '
attend the staff meettn, this morning. That was unfortunate, but again i understand~ I fe~d the need to
communicate the urgeno, of our sttuatlon and the Atademy's desire to complete this project. Jt is one of the
few locations on the campus that is used for outdoor entertaining and is used regularly to hotd fundralslng
events. As vou can imagine, these formal gatherings are the bad< bone of the fundralSing efforts for the
academy end account for substantial gifting towards general operations and funding new
projects. summertime is when the deck ts used the mast. I Just want to make you aware and ask again for
your coflaboratlve corporation In trying to come to a consensu, so we rnav move forward. As I told Tonl, l
have a meeting with the Academy this Thursday and I was hoping to update them with some news on your
findings. ont.e this is done, we still have several weeks left to finalize the approval. This project SHms to
be trJdty With regard to the strlngltne as Toni has Informed me but if there ts any chance it could be reviewed
before weeks end I and the Academy would be very appredati11e.
Sincerely,
Kevin tfallodc RA I kevfnl)haffpckart;bltem,t:OQl I Mobile: 916.4U,4132
Hallock/architects.
12365 cane Atbata, 12 l El caJon CA. 92019 I wa,hall9dsmhlteQ,cpm
PRll/lt.EGD AND CONFIDENTIAL: Thi$ tllllt:ll'ClnlQ~ca&o,\ ~ ··~ ls for II• e>telualV& use of addresllftand may contain ~. «ddMUal end/or p~ (nfonnatlon. If )'Ollare l'll)fh ln1ffiled flCiplani. MY un, ct4>)11t!g. dllclosur9, dluemlnation ordfstiibullon 1$
Btrlc1ly ~ted, If )'OU are notihe mfended fedptent. plea.ff no11fy sender lmmedJalely by phone. destroy 811s communlcaffron and. all copies.
,
Planning Division I 1635 Faraday Avenue I carlsbad, CA 92008-7314 I 442-339-2600