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Home My WebLink AboutPRE 2020-0024; 3 on Garfield; Admin Decision LetterSeptember 24, 2020 John Bewery/BGI Architecture 2292 Faraday Ave, Suite 100 Carlsbad, CA 92008 SUBJECT: PRE 2020-0024 (DEV2020-0205) -3 on Garfield APN: 203-141-27-01, 203-141-27-02, 203-141-27-03 Ccityof Carlsbad E3FILE COPY #?~;/,,,( 9/zyzo Thank you for submitting a preliminary review for a new three-unit condominium project proposed at 2685-2689 Garfield Street. The project site, an approximately 7,000-square-foot lot, currently developed with a three-unit condominium. 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 J?lans. policies. and standards in effect as of the date of this review. Please be aware that at the time of a formal application submittal, new plans. policies. and standards may be in effect and additional issues of concern may be raised through a more specific and detailed review. Planning: General 1. General Plan and zoning designations for the property are as follows: a. General Plan: R-15 Residential, 8-15 units/ac. Growth Management Control Point of 11.5 units/ac. b. Zoning: R-3 Multiple-Family Residential Zone c. The site is located within the Beach Area Overlay Zone (BAOZ). 2. Local Coastal Program designations for the property are as follows: a. The Coastal Land Use designation and Zone are the same as the General Plan and Zoning above. b. The site is located within the Mello II Segment of the Local Coastal Program (LCP) within the appealable jurisdiction of the California Coastal Commission (CCC). 3. The project requires approval from the Planning Commission for the following permits: a. Minor Planned Development Permit (PUD) is required for the construction of condominium units pursuant to Carlsbad Municipal Code (CMC) Section 21.45.020. Community Development Department . Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560f I www.carlsbadca.gov PRE 2020-0024 (DEV2020-0205) -3 on Garfield September 24, 2020 Pa e 2 b. Site Development Plan is required pursuant to CMC Section 21.82.040 as the property is located within the Beach Area Overlay Zone. c. Coastal Development Permit (CDP) for development in the coastal zone. d. Nonconforming Construction Permit (NCP) to allow the continuation of the legally established use of three dwelling units on a property where a maximum of two units are permitted pursuant to CMC Section 21.48.0SO(E). 3. As described in the scope of work, this preliminary review is for the construction of a new 5,435- square-foot three-unit condominium with three attached two-car garages to replace the existing three-unit condominium. Based on the size of the lot (0.16 acres) and the allowed density on the property's land use designation (R-15, or 8-15 dwelling units per acre), a maximum of two units are allowed on the property. Approval of a Nonconforming Construction Permit (NCP) is required to allow the legally established use of three dwelling units on a property where a maximum of two units are permitted. The Carlsbad Municipal Code permits multi-family dwellings within the R-3 zone. Therefore, staff supports the proposed residential project subject to compliance with all applicable CMC standards, including but not limited to Chapters 21.16 (R-3 Multiple-Family Residential Zone), 21.44 (Parking), 21.45 (Planned Developments), 21.48 (Nonconforming Lots, Structures and Uses), and 21.82 (Beach Area Overlay Zone). Specifically, staff has concerns with the following: a. Pursuant to CMC Section 21.48.030(A), an application that includes an NCP shall include evidence that the existing three-unit condominium was legally established. b. Pursuant to CMC Section 21.82.050, flat areas of the roof may not exceed 24 feet in height as measured from grade. Plans show flat roof areas exceeding 24 feet at stairwell and roof deck. c. The project proposes a pitched roof with a one-foot-tall parapet around its perimeter. If a building height above 24 feet is proposed, the pitched roof shall be visible. d. The center-most roof ridge (pitched roof section) exceeds the 30-foot height limit. · e. Pursuant to CMC Section 21.46.020, roof protrusions are allowed for stairwells but may only protrude the portions necessary to accommodate or enclose the intended use. The portions of the stairwell allowed to protrude would be the single flight of stairs leading to the roof-top deck. The flat-roofed portion of the stairwell is thus limited to 24 feet in height. f. Pursuant to CMC Section 21.46.120, the following projections are not allowed: i. Stairwells: open stairways may project into the required yards. Enclosed stairwells, however, may not since they contain internal floor area. ii. Bedroom terraces at front and rear yard setbacks: these types of projections are allowed when they do not extend above the level of the first floor. Pursuant to the basement definition in CMC Section 21.04.045, the garage level does not qualify as a basement and is PRE 2020-0024 (DEV2020-0205} -3 on Garfield September 24, 2020 Pa e 3 therefore considered the first floor, causing the bedroom terraces to be located at the at the second floor. iii. Entry terrace at rear yard setback: similar to the bedroom terraces, this projection extends above the level of the first floor. However, on-grade (existing or proposed, whichever is lower) flatwork in permitted. g. Mechanical equipment may not encroach into 20-foot-by-20-foot parking clearance. Please show the location of all mechanical equipment, including air conditioners, forced air units, and water heaters. h. Pursuant to Table C of Section 21.45.060 (C.5) the driveway shall have decorative pavement. i. Pursuant to 21.82.060(C)(5), for properties located in the BAOZ, visitor parking spaces may not be provided on the street. One visitor guest space is required to be located within the private property. j. Please show location of electrical transformer (if required -please confirm with SDGE). Transformer and other utilities shall be located away from sidewalks or pedestrian access areas. Utilities shall be screened with landscaping to the maximum extent feasible. k. Please show trash and recycle bin storage location. If bins are stored inside the garage, they may not encroach into 20-foot-by-20-foot parking clearance. Additionally, show trash staging location. Staff does not support staging the trash and recycling cans on the street in that staging the bins on the street on trash day may not be possible or practical due to parked cars. Please coordinate with Waste Management. A "will-serve" letter from Waste Management will be requested by the Planning Division. 4. The Housing Crisis Act of 2019 (SB 330) established a preliminary streamline application process for housing projects. It is not mandatory unless applicants seek the vesting and processing benefits offered under SB 330. Participation in the SB 330 streamline process would occur first, followed by the formal development application process required under Government Code (Gov. Code)§§ 65940, 65941, 65941.5, and Carlsbad Municipal Code (CMC) § 21.42.050. Acceptance by the city of a complete SB 330 Streamline Application (Form P-32) and fee will vest the project for 180 days in accordance with the ordinances, policies and standards in effect at the time the SB 330 Application is accepted. The city is finalizing the application form and process for SB 330 Streamline Applications. Please contact planning@carlsbadca.gov for more information. 5. Per the Housing Crisis Act of 2019 (SB 330), any project that includes the removal or demolition of a "protected unit" is required to provide the occupants with 1) relocation benefits (Gov. Code § 7260 et seq.), and 2) right of first refusal for a comparable unit available in the new housing development. (Gov. Code § 66300 (d)(2)(D).) "Protected units" are generally defined by Gov. Code § 66300(d)(2)(E)(ii) as including residential units subject to affordability restrictions, price controls, or occupied by low income households. The formal submittal of the project will need to include documentation regarding any existing "protected units." 6. New requirements related to the city's goals to reduce greenhouse gas (GHG) emissions will likely impact development requirements of this project. A formal application submittal will need to include PRE 2020-0024 (DEV2020-0205)-3 on Garfield September 24, 2020 Pa e4 a completed Climate Action Plan Checklist (Form P-30) to determine what requirements will apply to the project. New GHG reduction requirements are related to energy efficiency, photovoltaic, electric vehicle charging, water heating and traffic demand management requirements, as set forth in the California Green Building Standards Code and in Carlsbad Municipal Code Chapters 18.21, 18.30 and 18.51 which is available on the city's website at the following address: http://www.qcode.us/codes/carlsbad/view.php?topic=18&frames=on To the extent that new GHG reduction requirements are in effect at the time of application for grading or building permits, the project will be required to comply with the effective requirements even if different than what is proposed in the project's planning approvals. GHG reduction requirements may impact, but are not limited to, site design and local building code requirements. If incorporating new GHG reduction requirements results in substantial modifications to the project after planning approvals are obtained, then prior to issuance of grading or building permits, the applicant may be required to submit and receive approval of a Consistency Determination or an Amendment application for the project through the Planning Division. 7. All development applications that require Planning Commission or City Council approval shall provide early public notification. This requirement may be met by sending a public notice to the surrounding property owners (600-foot radius) within 30 days of submittal of the development application pursuant to City Council Policy No. 84 and Form P-21. The policy and form may be referenced online at: City Council Policy No. 84: http://www.carlsbadca.gov/civicax/filebank/b1obdload.aspx?Blob1D=35578. Form P-21: https://www.carlsbadca.gov/civicax/fi1ebank/blobd1oad.aspx?Blob1D=24117 8. Please contact Randall Metz, Fire Inspections (760-602-4661), to ensure the partially-covered driveway complies with emergency access requirements. 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 http://www.carlsbadca.gov/services/depts/planning/default.asp. You may also access the General Plan Land Use Element and the Zoning Ordinance online at the website address shown; select Department Listing; select Planning Home Page. Please review all information carefully before submitting. Land Development Engineering: 1. Complete a Stormwater Standards Questionnaire. This questionnaire will guide you and the City in determining what type of reports and storm water mitigation must be completed to satisfy state and City storm water quality requirements. The questionnaire can be printed from the following website link: http://www.carlsbadca.gov/civicax/filebank/b1obdload.aspx?Blob1D=22711 ·-··------···•·•---------------- PRE Z0Z0-0024 (DEVZ0Z0-0205) -3 on Garfield September 24, 2020 Pa e 5 Preliminary analysis suggests that the project is a Standard Project and subject to installing site design and source control BMPs per Chapter 4 of the Carlsbad BMP Design Manual and per the Standard Project Requirement Checklist {E36) that will also need to be completed. The link to the form is at: http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?Blob1D=30141 2. Show proposed driveway cut and driveway. 3. Verify that the existing pedestrian ramp at the intersection complies with current ADA standards. 4. Provide a preliminary Geotechnical study that identifies feasibility and recommendations for the proposed project. 5. A recent Prf;!liminary Title Report (PTR) will be required with formal project application submittal. 6. All easements and encumbrances identified in the PTR must be indicated on the site plan. 7. Show all existing utilities in Garfield St. and Beech Ave, including water and sewer services for the property. 8. On the site plan, show and identify all existing surface improvements (curb, gutter, sidewalk, paving, manholes, inlets, street lights, adjacent driveways, vaults, transformers, etc.) at the project frontage and within 25 feet for both Garfield St. and Beech Ave. 9. Show existing and proposed contour lines onsite and extend at least 25 feet beyond property lines. 10. Show the locations of all existing and proposed buildings, walls, fences, and permanent structures onsite and within 25 feet of site. 11. Provide multiple cross-sections of the site to demonstrate differences in grade, including adjacent properties. 12. Indicate the volume of grading (cut, fill, import, export, remedial) proposed for the project in cubic yards. 13. Show proposed finished floor elevation. 14. Please be advised that in order to make a more in-depth review of the proposed development, a more complete design of the project is required. Building Department: 1. A minimum of 5.7 square feet required for bedroom egress windows for center unit. 2. Solar zone encroaches into the fire access pathways at hip roofs. 3. Fireplace flue for center unit to meet CMC 802.5.4. PRE Z0Z0-0024 (DEVZ0Z0-0205}-3 on Garfield September 24, 2020 Pa e 6 If you would like to schedule a meeting to discuss this letter with the commenting departments, please contact Esteban Danna at the number below. You may also contact each department individually as follows: • Planning Division: Esteban Danna, Associate Planner, at (760) 602-4629 • Land Development Engineering: Allison Mclaughlin, Project Engineer, at (760) 602-2732 • Fire Department: Randall Metz, Fire Inspections, at (760) 602-4661 • Building Department: Jason Pasuit, Building Official (760) 602-2788 Sincerely, DON NEU, AICP City Planner DN:ED:cf c: Renee Wailes, 2729 Ocean Street, Carlsbad, CA 92008 Allison Mclaughlin, Project Engin~er · Fire Prevention HPRM/File Copy Data Entry