HomeMy WebLinkAboutPRE 2019-0003; CHURCH RESIDENCE; Admin Decision LetterApril 25, 2019
Addison Walker
McCullough Design
Suite 700
FILE
10531 4S Commons Drive
San Diego, CA 92127
SUBJECT: PRE 2019-0003 (DEV2019-0036}-CHURCH RESIDENCE
APN: 206-200-04-00
Ccityof
Carlsbad
Thank you for submitting a preliminary review for construction of a 4,930-square-foot two-story, single-
family residence with an attached 748-square-foot three-car garage located along the south side of Adams
Street, directly adjacent to the Agua Hedionda Lagoon. The project site, an approximately 0.48-acre
(21,344 square foot} lot, is currently undeveloped.
In response to your application, the Planning Division has prepared this comment letter. Please note that
the purpose of a preliminary review is to provide you with direction and comments on the overall concept
of your project. This preliminary review does not represent an in-depth analysis of your project. It is
intended to give you feedback on critical Issues based upon the information provided In your submittal.
This review Is based upon the plans, policies, and standards in effect as of the date of this review. Please
be aware that at the time of a formal application submittal, new plans. policies, and standards may be
in effect and additional issues of concern may be raised through a more specific and detailed review.
Planning:
General
1. General Plan and zoning designations for the property are as follows:
a. General Plan: R-4 Residential, 0-4 dwelling units/ac. with a Growth Management Control Point
of 3.2 units/ac.
b. Zoning: R-1-15000, One-Family Residential Zone with a 15,000-square-foot minimum lot size.
c. The property is located within the Coastal Zone, more specifically the Agua Hedionda Segment
of the Local Coastal Program (LCP}. The LCP Land Use and zoning designations are the same as
the General Plan and Zoning above.
2. The project requires the following permits:
a. Habitat Management Plan (HMP} Permit
b. Grading Permit
Community & Economic Development
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
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c. Building Permit
d. Final Landscape Plans
e. Coastal Development Permit (CDP) issued by the California Coastal Commission.
Please take note that the construction of a single-family residence at this lot will first require the
processing and approval of a Grading Permit issued by the city's Land Development Engineering Division,
a Building Permit issued by the city's Building Division, approval of Final Landscape Plans and possibly a
Habitat Management Plan (HMP} Permit issued by the city's Planning Division (please see below); and
lastly, a Coastal Development Permit issued by the California Coastal Commission. Please note that
pursuant to the Carlsbad Municipal Code Section 21.210.070, a Habitat Management Plan (HMP} Permit
shall be required for any development project which directly or indirectly impacts natural habitat. The
requirement of a HMP Permit will depend on the results of a biological technical report (please see below).
Before submitting a Coastal Development Permit to the California Coastal Commission, there is a
procedural system where the City of Carlsbad first determines the project's consistency with all applicable
city plans, standards, ordinances and policies, and also complete an environmental review of the project
in accordance with the California Environmental Quality Act. Once the project has been thoroughly
reviewed and found consistent by the city, an application for a Coastal Development Permit can then be
filed with the California Coastal Commission's San Diego Coast District. Only after the Coastal
Development Permit has been issued, and any necessary revisions or modifications to the project have
been made based on conditions of approval, can the city then issue permits to begin construction.
It is highly recommended that the applicant/developer contact the California Coastal Commission San
Diego Coast District, and introduce the project to receive any early input regarding project design and/or
to address any significant project design issues prior to formal submittal of any HMP application or
grading/building plans with the city.
3. To determine compliance with the city's Habitat Management Plan, the following technical studies
must be submitted to the city with any initial project applications:
a. Biological Technical Report. Although the site appears to be disturbed, a biological technical
report shall be prepared by a registered biologist and submitted with any application submittal
in accordance with the requirements of the city's Habitat Management Plan and the Agua
Hedionda Segment of the of the Local Coastal Program. The biological technical report is a
critical document that will need to describe flora and fauna resources on the site, potential
project impacts, and any recommended mitigation. For specific guidelines on the required
contents of the biological technical report, please reference the "Guidelines for Biological
Studies." This document can be obtained at the city's Planning Division front counter or found
online at:
http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?BloblD-24331
Pursuant to Carlsbad Municipal Code Section 21.210.040.D(9), all development projects
located in the coastal zone shall comply with the additional conservation standard set forth in
Section D.7 (Standards 7-1 through 7-12) of the city's Habitat Management Plan. The biological
technical report will need to address compliance with these specific standards.
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In addition, the biological technical report shall clearly address the adjacency standards of the
Habitat Management Plan (see pages F-16 through F-24) and demonstrate how the
development/habitat interface (if any) complies with these requirements. Lastly, please refer
to comment no. 16 as it applies.
b. Wetland Delineation Study. The project will need to include a jurisdictional wetland
delineation study prepared in accordance with the city's Habitat Management Plan to
determine the presence of any jurisdictional wetlands. Wetland within the Coastal Zone shall
be delineated following the definitions and boundary description in Section 13577 of the
California Code of Regulations.
Additional studies, or focused surveys may be required depending on the outcome of each of
the above.
4. In demonstrating compliance with the city's Habitat Management Plan, the project will be required
to identify and label the locations of the required 100-foot wetland or any 20-foot native habitat
buffers pursuant to Habitat Management Plan Conservation Standard 7-11 (see pages D-116 & 117).
Please be aware that any buffer areas that do not contain native habitat shall be required to be
landscaped using native plants.
5. To determine if the project would result in any impacts to cultural resources as part of its
environmental review, the following studies must be submitted to the city with any initial project
applications:
a. Cultural Resources/Paleontological Studies. Although the site appears to be disturbed, a
Cultural Resources study is required to determine if there are any potentially significant
impacts to cultural/archaeological and paleontological resources. Please direct your consultant
to the city's Tribal Cultural and Paleontological Resources Guidelines. Please note that any
archaeological pedestrian survey of the site for the cultural resources study shall include a
Native American monitor in addition to the archaeologist. The Guidelines document is available
on the City website at:
http:/Jwww.carlsbadca.gov/civicax/filebank/blobdload.aspx?Blob1D=34010
6. Hillside Development Regulations. The proposed construction of a single-family residence is exempt
from obtaining a Hillside Development Permit; however, as the property contains slopes over 15
percent and an elevation differential greater than 15 feet in height, the project is still required to
comply with the Hillside Development and Design Standards listed in Section 21.95.140 of the
Carlsbad Municipal Code and the city's Hillside Development & Design Guidelines.
7. Slope Analysis/Vegetation Constraints Map. The development proposal appears to affect steep slopes
(i.e., 25 percent inclination or greater), which may possess endangered plant/animal species and/or
coastal sage scrub and chaparral plant communities (referred to as dual criteria slopes). A Slope
Analysis/Vegetation Constraints Map must be submitted to the city with any initial project
applications which analyzes dual criteria slopes in accordance with the Coastal Hillside Development
Regulations (see Section 21.95.140{A)) and Chapter 21.203 of the Carlsbad Municipal Code.
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Procedures for hillside mapping can also be found in Section 21.95.130 of the Carlsbad Municipal
Code.
8. Local Coastal Program (Agua Hedionda Segment)
a. Pursuant to Policy 8.3 (see page 57), no portion of a structure may be permitted to exceed the
elevation of Adams Street. Formal submittal of the project building plans will need to provide
section details which demonstrate compliance with this policy.
b. Pursuant to policies in chapter 7 (see pages 50-55), the property owner is required to dedicate
and improve a 25-foot wide lateral access easement along the shoreline• for future
bicycle/pedestrian use. The location of this 25-foot wide lateral access easement will need to
be shown on the plans and shall connect with those already existing on the adjacent
properties.
9. A final landscape plan will be required, which shall be submitted concurrent with any initial submittal
of grading/building plans for the project. Please be advised of the following:
a. Pursuant to Section 21.203.040.8{4)(b)(ix) of the Carlsbad Municipal Code, detached
residential homes shall be required to use efficient irrigation systems and landscape designs
or other methods to minimize or eliminate dry weather flow.
b. The use of invasive plant species, such as those identified in Table 12 of the Habitat
Management Plan (see page F-23) shall be prohibited.
c. Any required buffer areas that do not contain native habitat shall be required to be landscaped
using native plants (see Habitat Management Plan Conservation Standard 7-11 page D-117).
10. Please provide the area of the site which is undevelopable per Section 21.53.230 of the Carlsbad
Municipal Code.
11. Pursuant to Section 21.10.070.A{l) of the Carlsbad Municipal Code, staff can support the reduced side
yard setback provided that the adjacent single-family home to the east {4485 Adams Street) does not
also have a reduced side yard along this common property line. To determine compliance with this
section, a formal submittal of the project building plans will need to include the plotting of the
adjacent residence on the site plan and will also need to include setback dimensions.
12. The minimum 20-foot front yard setback is required to be measured from the proposed right-of-way
line, not the existing right-of-way as is presently shown on the plans. Please revise.
13. Pursuant to Habitat Management Plan Conservation Standard 7-11 (see page D-117) "no
development, grading, or alteration, including clearing of vegetation, shall occur within the buffer
area."
14. Please note that any retaining walls located within a side or rear setback cannot exceed 6 ft. in height
and 42 inches in height within the front yard setback. However, multiple walls in a stepped
configuration when separated by a minimum 3 ft. wide planter strip can be utilized to achieve
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additional retaining height if necessary. For all retaining walls, please include top of wall, top of footing
and finish surface elevations. The plans appear to show a retaining wall in the front yard setback that
is 15 feet in height and exceeds the height limit.
15. Provide cross sections of the proposed residence in relation to Adams Street, identifying that all
portions of the structures would be lower than the grade of Adams Street.
16. Please note that the southern portion of the property is largely covered by sand whereas historically
that has not been so. At formal submittal, as part of the project description, explain how this beach
area came to be. In addition, the Biological Technical Report needs to account for the sand and any
vegetation that was removed, and address mitigation if needed per the HMP.
17. The floor plans show what is defined as an accessory dwelling unit {ADU} on the lower level. Per CMC
Section 21.10.030, the total floor area of an ADU cannot exceed 50 percent of the living area of the
primary home and only up to 640 square feet maximum.
18. Response to the inquiries in the Preliminary Review application:
a. Compliance and Compatibility with Local Coastal Program and Agua Hedionda Land Use Plan.
Response: The project will be required to comply and be consistent with the Local Coastal
Program and Agua Hedionda Land Use Plan. The project is located within an area of the Coastal
Zone referred to as the Deferred Certification area, meaning the California Coastal Commission
San Diego Coast District will be processing the Coastal Development Permit (CDP).
b. Street improvements and confirmation of where they sit in the right of way.
Response: Please refer to Land Development Engineering's comments.
c. Height limits corresponding to the Carlsbad Zoning Code and Agua Hedionda Land Use Plan.
Response: Pursuant to Carlsbad Municipal Code Section 21.10.050, Building height, no building
shall exceed a height of thirty feet and two stories if a minimum roof pitch of 3:12 is provided
or twenty-four feet and two stories if less than a 3:12 roof pitch. However, the height limits
are superseded by LCP Policy 8.3 (see comment nos. Sa and 16 above).
d. The side setbacks of 5' & 10' instead of both 7.5'.
Response: Please refer to Planning comment no. 11.
e. Consideration of previous submittal processed PRE 97-05 and HDP 97-12. The HDP submittal
included an environmental report and archeological report for the city. A Mitigated Negative
Declaration was filed with the State clearinghouse #199709075. This new application
significantly follows the design of those previous applications. Are new discretionary permits
required before going to California Coastal Commission for CDP? Can we apply for substantial
conformance to the previous permits?
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Response: A substantial conformance, or consistency determination, is not applicable to this
project since the prior permits expired.
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:ljwww.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. A discretionary application for the proposed single-family residence will require a preliminary grading
plan, SWQMP, hydrology report, and geotechnical report.
2. Based on the submitted Storm Water Standards Questionnaire E-34 Form, there are inconsistencies
on how the form was completed. All the questions on Step 3 of the form were answered "no" which
concludes that is "standard project". However, a Storm Water Quality Management Plan (SWQMP)
was submitted and Step 5 answered that the project qualifies as a "priority development project"
{PDP). Revise the E-34 Form to be consistent with the SWQMP. It appears this project qualifies as a
PDP as it creates 5,000 S.F. or more of impervious area on a hillside (Question 4 of Step 3) and creates
2,500 S.F. or more of impervious area and discharges directly to an Environmentally Sensitive Area
(ESA) (Question 7 of Step 3).
3. No private encroachments within the existing or proposed city's right-of-way will be allowed. The
proposed retaining wall including geogrid for the keystone wall located in the city's existing and
proposed right-of-way shall be removed from the plans. The existing retaining walls located in the
city's existing and proposed right-of-way shall have a call-out on the plans to remove the retaining
wall.
4. The Storm Water Quality Management Plan did not provide an 1-8 Form Categorization of Infiltration
Feasibility Condition to justify the proposal of a biofiltration basin. Provide a completed 1-8 Form in
the SWQMP justifying why infiltration is infeasible.
5. Hydromodification calculations will need to be provided with the Storm Water Quality Management
Plan to ensure that the proposed detention vault is adequately sized.
6. Shoring plans shall be included as part of the grading plan and structural calculations shall be
submitted with the final engineering application for grading plan review. The geotechnical report shall
include recommendations of shoring for the project site.
7. Provide the top of footing elevations for all retaining walls on the grading plans for final engineering
review. Any non-standard retaining walls will require structural calculations to be submitted for
grading plan review.
8. Provide on the preliminary grading plans, a pervious paver detail. Pervious pavers are not considered
pervious if an underlying impermeable liner is required. The pervious paver detail shall be verified
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with the geotechnical report recommendations and whether if infiltration is feasible.
9. Show on all the cross-sections, the limits of remedial grading per the geotechnical report
recommendations.
10. Verify the retaining wall design with the geotechnical report and line of influence with the adjacent
existing and proposed retaining walls and/or structures.
11. A preliminary title report dated within 6 months of the application date is required with the submittal
of a discretionary application and final engineering application. Show and label on the plans, all
easements listed in said report.
12. A certificate of compliance for lot legality will be required to be processed with the city per the
Subdivision Map Act 66412.G(b).
13. A 5-ft wide public street and public utility easement will be required to be processed with the city per
Carlsbad Municipal Code Section 18.40.030.
14. Provide the correct legal description of the property on the title sheet of the plans.
15. Label on the preliminary grading plan, the APNs and/or short legal description of all adjacent
properties.
16. A signed letter of permission for off-site grading work will be required from the adjacent property
owners.
17. Show and label on the grading plans, the existing 24" CCFRPM sewer main and existing sewer
manholes per DWG 450-9. Provide a callout on the grading plans for the existing 6-inch PVC sewer
main per DWG 450-9.
18. Clarify on the grading plans whether the existing sewer lateral per DWG 450-9 will be removed or to
remain.
19. Address the red line comments on the plans.
Building:
· 1. Does the project propose an Accessory Dwelling Unit? If so, please clearly identify in plans at formal
submittal.
2. Is the vault part of the grading permit?
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If you would like to schedule a meeting to discuss this letter with the commenting departments, please
contact Paul Dan at the number below. You may also contact each department individually as follows:
• Planning Division: Paul Dan, Associate Planner, at (760} 602-4614
• Land Development Engineering: Kyrenne Chua, Project Engineer, at (760) 602-2744
• Building Division: Mike Peterson, Building Official, at (760} 602-2719
Sincerely,
i/L
DON NEU, AICP
City Planner
DN:PD:mf
Attachments: LDE Site Plan Redlines
LDE E-34 Form Redlines
LDE SWQMP Red lines
LDE Preliminary Drainage Study Red lines
c: Barry Church, 621 Polaris Drive, Encinitas, CA 92024
Kyrenne Chua, Project Engineer
Fire Prevention
HPRM/File Copy
Data Entry