HomeMy WebLinkAboutPRE 2021-0006; CHESTNUT CARLSBAD; Admin Decision LetterApril 1, 2021
John Curt Fornal
PO Box 130454
Carlsbad, CA
SUBJECT: PRE 2021-0006 (DEV2021-0039}-CHESTNUT CARLSBAD
APN: 167-080-33, 34, 41, 42
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Thank you for submitting a preliminary review for a new residential subdivision project proposed at the
southwest corner of Chestnut Avenue and El Camino Real. The project site, approximately 2.6 acres, 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. Current General Plan and zoning designations for the property are as follows:
a. General Plan: R-4 Residential, 0-4 dwelling units (du/ac). Growth Management Control Point
of 3.2 du/ac.
b. Zoning: R-1-10,000, One-Family Residential, minimum lot size 10,000 square feet.
2. Potential General Plan and zoning designations for the property are as follows:
a. General Plan: R-15 Residential, 11.5-15 dwelling units (du/ac). Growth Management Control
Point of 11.5 du/ac.
b. Zoning: To be determined.
The city is currently updating the Housing Element of the General Plan. While many jurisdictions elect
to process their Housing Element update concurrently with any required rezoning and Land Use
Element map amendments, the city has bifurcated the process. Only the Housing Element update
Community Development Department
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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policy document is being considered at this time. All property rezoning and amendments to land use
maps are being deferred to a later date. It is important to note that any required rezoning will occur
after adoption of the Housing Element Update, following robust community engagement and
partkipation, environmental analysis and public hearings.
One of the components of the Housing Element Update process is to inventory and analyze sites that
could be considered for meeting a city's RHNA requirements. The inventory included in the draft
Housing Element Update only reflects a list of possible sites that could be considered for future
housing opportunities. If the sites listed in the inventory need to be rezoned to accommodate the
state's minimum density requirements, then a corresponding amendment to the jurisdiction's Land
Use Element map of the General Plan is required along with the zoning amendment. Under state law,
property rezonings must be completed by the jurisdiction within three years of submittal of the
Housing Element Update to the state. The properties listed in the draft Housing Element Update
intentionally include more sites than are needed to accommodate the city's share of the RHNA. A
series of varying mapping options that can be considered to meet the city's housing obligations will
be developed. Over the next year, the properties identified in this list will be used to develop a series
of land use maps that will be presented to the community for input, and eventually the Planning
Commission and City Council for recommendation and decision.
Staff will submit the approved Housing Element document to the state for final review and
certification by April 15, 2021. Property rezonings will require extensive community outreach and
participation and noticed public hearings before the Planning Commission and City Council. The
rezoning process is estimated to stretch into 2022.
3. The project requires the following permits:
a. General Plan Amendment (GPA): to accommodate a higher residential density (R-4 Residential to
R-15 Residential) if the site is not selected for rezoning or if the developer chooses to move
forward with the project prior to the city's action on rezoning site selection.
b. Zone Change (ZC): to accommodate multi-family residential condominiums (R-1-10,000
Residential to a zoning designation that is consistent with multiple-family housing developments)
if the site is not selected for rezoning or if the developer chooses to move forward with the project
prior to the city's action on rezoning site selection.
c. Tentative Map (CT): for the subdivision of five or more units.
d. Planned Unit Development (PUD): for the development of condominium projects (Carlsbad
Municipal Code (CMC) Section 21.45.010).
e. Site Development Plan (SDP): for the development of multi-family residential projects with
affordable housing requirements (CMC Section 21.53.120).
f. Hillside Development Permit (HDP): for projects that are proposed on slopes that have a gradient
of 15 percent or more and an elevation differential greater than 15 feet (CMC Chapter 21.95).
g. Special Use Permit (SUP): for projects that are subject to the El Camino Real Corridor Development
Standards.
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h. Habitat Management Plan Permit {HMP): for development projects that impact, either directly
or indirectly, habitat in the city {CMC Sections 21.210.030 and 21.210.060).
4. Technical Studies/Exhibits: The following technical studies/exhibits will be needed with a formal
submittal:
a. Biological Study: A Biological Technical Report (BTR) prepared by a registered biologist in
accordance with the specific requirements of CMC Chapter 21.210, and the Habitat Management
Plan for Natural Communities in the City of Carlsbad (a.k.a. the Habitat Management Plan (HMP)),
which can be referenced online at:
http://www.carlsbadca.gov/civicax/filebank/b1obdload.aspx?Blob1D-27193
The BTR is a critical document that will need to describe biological resources on the site, potential
project impacts, and any recommended mitigation. Please be advised that if the BTR identifies
fauna or flora onsite that is protected by the HMP, the project will require a Habitat Management
Plan Permit. For guidelines on the required contents of the BTR, please reference the "Guidelines
for Biological Studies," which can be referenced online at:
http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?BloblD-24331
b. Slope Analysis Map: Procedures for hillside mapping can be found in CMC Section 21.95.130. Staff
received the slope analysis prepared by Tait Consulting, Inc. Please revise the slope categories as
follows:
i. 0-LESS THAN 15%
ii. 15-LESS THAN 25%
iii. 25-LESS THAN 40%
iv. >40%
This change will yield a slightly different result in total area per category, which may have an effect
on the density calculation.
c. Noise Study: A noise study consistent with the City of Carlsbad Noise Guidelines Manual is
required because the majority of the project site is located within the 65-70 CNEL and partly
within the 70+ CNEL noise contours associated with El Camino Real. The noise study is required
to identify the need for any noise attenuation of the building. The guidelines can be referenced
online at: ·
http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?Blob1D-24094
d. Cultural Resources/Paleontological Studies: The development of the proposed project will require
excavation in an area of the city known to have a high sensitivity as it relates to both archeological
and paleontological resources. Please note that any archeological pedestrian survey of the site
for the cultural resources study shall include a Native American monitor during the survey. Staff
received the Cultural resources Study prepared by ASM Affiliates in 2017. An updated report will
be requested as the records searches and literature review must be less than 12 months old.
Please refer to the city's Tribal, Cultural and Paleontological Resources Guidelines.
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http:ljwww.carlsbadca.gov/civicax/filebank/blobdload.aspx?Blob1D=34010
e. Traffic Study: Please refer to Land Development Engineering comment nos. 22-25 below.
5. Project Yield and Density: The subject property currently has a General Plan Land Use designation of
R-4 Residential, which allows 0-4 du/ac with a Growth Management Control Point (GMCP) of 3.2
du/ac. A General Plan Amendment is required to convert R-4 Residential to R-15 Residential (8-15
du/ac. GMCP of 11.5 du/ac), unless the site is selected for rezoning as part of the General Plan Housing
Element update. The exact number of units allowed on the site is determined once the Slope Analysis
Map is reviewed and accepted. The project yield and density will also depend on whether additional
lot area is acquired from the city along El Camino Real as identified on page 3 of the letter dated March
3, 2021 submitted with this Preliminary Review application. If additional area is acquired, approval
and recordation of a Lot Line Adjustment will be required.
6. Excess Dwelling Unit Bank: Residential projects require an allocation of excess dwelling units from
the "Excess Dwellirig Unit Bank" (EDUB) whenever the proposed density exceeds the GMCP for the
existing General Plan Land Use designation. However, a significant component of the Housing Element
Update involves the suspension of certain provisions of the city's Growth Management Plan. Pursuant
to conversations with and direction from California Department of Housing & Community
Development (HCD), residential growth caps as established by Proposition E (the Growth
Management Plan) prohibit the city from meeting its required RHNA allocation and are in direct
conflict with SB330 and SB166. As such, HCD directed that the city find that its growth cap limits and
other related requirements that frustrate or impede housing development are preempted by state
law and unenforceable. A resolution addressing this issue is pending City Council action on April 6.
7. Planned Developments: The proposed project is subject to development standards set forth in CMC
Chapter 21.45, which may supersede standards set forth in the subsequently designated zoning
district. Specifically, the project is subject to Table C in CMC Section 21.45.060 and Table E in CMC
Section 21.45.080.
8. Lot Coverage: The project is subject to lot coverage requirements identified in E.3 of Table E in CMC
Section 21.45.080. Coverage is calculated using the net developable acreage. The net developable
acreage will be determined once the Slope Analysis Map is submitted, reviewed and accepted.
9. Setbacks: Setbacks are required per Table C in CMC Section 21.45.060 and Table E of CMC Section
21.45.080. Please note that the setback along El Camino Real is subject to the El Camino Real Corridor
Development Standards (please see item 12 below).
10. Parking: All parking is subject to CMC Chapters 21.44 and 21.45, including number and size of parking
spaces as well as landscaping and screening. Lofts and one-bedroom units require 1.5 parking spaces
per unit with a minimum of one space covered. Units with two or more bedrooms require two parking
spaces each, with at least one space within a garage.
11. lnclusionary Housing: The project is subject to the City's lnclusionary Housing Ordinance, CMC Chapter
21.85, requiring a minimum of 15 percent of the total units to be constructed for affordability to
lower-income households. Please be advised that prior to moving forward to the Planning
Commission, the project must be reviewed and approved by the city's Housing Policy Team (HPT). The
HPT may require the developer to provide additional affordable housing units or a deeper level of
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affordability. Formal submittal of a project will need to include a request for review by the City's
Housing and Neighborhood Services Division. Please continue to communicate with our office
regarding the affordable housing component and requested standards modifications/offsets.
12. El Camino Real Corridor Development Standards: The project is located within the Scenic Preservation
Overlay Zone and is subject to the El Camino Real Corridor Development Standards, requiring the
processing and approval of a Special Use Permit (SUP). The intent of the corridor standards is to
maintain and enhance the appearance of the roadway by setting standards for setbacks, signs,
building height, grading and design. The proposed project is located within Area 2 (Chestnut Avenue
to the Country Store) of the corridor. The project shall be consistent with Section II (Design
Guidelines), Section Ill (Development Standards -Right-of-way Corridor), and Subsection B -Area 2 ·
of Section IV (Development Standards -Private Frontage).
Specifically, staff has concerns with the following:
a. Pursuant to Section IV(B)(6), no cut or fill exceeding 10 feet form original grade is allowed.
b. Pursuant to Section IV(B)(7), a minimum 45-foot setback is required from the right-of-way to
buildings and parking. The drive aisles may be located within the setback.
The El Camino Real Corridor Development Standards may be found on line at:
http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?Blob1D=24734.
13. Architecture: The project is required to comply with City Council Policy No. 44 -Neighborhood
Architectural Design Guidelines, City Council Policy No. 66 -Livable Neighborhoods, and the
architectural requirements outlined in the Planned Development Ordinance (CMC Chapter 21.45,
Table E). The policies may be found on line at:
City Council Policy No. 44:
http://edocs.carlsbadca.gov/HPRMWebDrawer/RecordHTML/392081
City Council Policy No. 66:
http://edocs.carlsbadca.gov/HPRMWebDrawer/RecordHTMU392162
14. Conceptual Landscape Plans: Prior to a formal submittal, conceptual landscape exhibits shall be
prepared in accordance with the General Requirements listed in Section 3 of the City of Carlsbad
Landscape Manual (February 2016). The Landscape Manual may be found online at:
http:ljwww.carlsbadca.gov/civicax/filebank/b1obdload.aspx?Blob1D=24086
15. Hillside Development: The project shall demonstrate conformance with the Hillside Development
Regulations (CMC 21.95) and Hillside Development & Design Guidelines, which may be found online
at:
https://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?Blob1D=24084
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Pursuant to CMC Section 21.95.140(C}(l}(a)(i), a building developed into a manufactured slope
exceeding 40 percent is limited to six vertical feet as measured from the existing toe of slope. The
Slope analysis shows that some units along the toe of the slope may exceed this limit.
16. Development Project Public Involvement Policy: Please be advised that you are required to send 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 found online at:
City Council Policy No. 84:
http://www.carlsbadca.gov/civicax/fi1ebank/blobdload.aspx?Blob1D=35578.
Form P-21:
https://www .carlsbad ca .gov/ civicax/file ba nk/blobd load .aspx ?B lobl D-24117
17. 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.
18. 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."
19. 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
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
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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.
20. Please consider the location of electrical transformers. Transformers and other utilities shall be
located away from sidewalks or pedestrian access areas. Utilities shall be screened with landscaping
to the maximum extent feasible.
21. Please consider trash and recycle bin storage location and staging areas. If bins are stored inside the
garage, they may not encroach into 20-foot-by-20-foot parking clearance. Please coordinate with
Waste Management. A "will-serve" letter from Waste Management will be requested by the Planning
Division.
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:
22. Indicate on the site plan the project's Average Daily Traffic (ADT). Based on the proposed number of
units indicated on the site plan {36 units) and the SANDAG's trip generation rates, the project's ADT
exceeds the 110 ADT threshold for the need to prepare Traffic Impact Analysis (TIA). Submit a traffic
impact analysis based on the new traffic impact analysis (TIA) guidelines available in the city website
at:
http://www.carlsbadca.gov/civicax/fi1ebank/blobdload.aspx?Blob1D=22758
Using Table 1 of the TIA guidelines, it appears that the project is required to prepare and submit a
Level 2 TIA analysis.
23. A scoping agreement is required prior to the preparation of the TIA.
24. A VMT Analysis will be required per the City's VMT Analysis Guidelines dated September 15, 2020.
25. The developer will be required to comply with the City's Transportation System Management and
Transportation Demand Management requirements.
26. Provide proof of a recorded private reciprocal access easement over the proposed private driveway
(on-site and off-site). Show the existing off-site driveway entrance at El Camino Real. A dedicated right
turn lane maybe required.
27. Process a tentative map application together with your application for discretionary permits for this
project.
28. Provide a recent Preliminary Title Report (PTR) with formal project application submittal. All
easements and encumbrances identified in Schedule "B" of the PTR shall be shown and identified on
the site plan.
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29. Show property boundary data including bearings and distances. Clearly show the existing and
proposed lot lines.
30. Indicate how a truck with a 42-foot turning radius per AASHTO Highway Design Manual Figure 404.SF
will access the project site. Show the inside and outside tire tracks.
31. Use NGVD 29 datum for vertical control for all design elevations per city Engineering Standard Volume
1, Chapter 2.
32. Complete a _Storm Water Standards Questionnaire Form E-34 to determine storm water quality
requirements for this project. The questionnaire is available in the City website at:
http://www.carlsbadca.gov/services/depts/landev/engineering.asp
33. Based on the preliminary plans, staff determined the project qualifies as a Priority Development
Project {PDP) and will be required to submit a preliminary Storm Water Quality Management Plan
{SWQMP) with any discretionary application. The SWQMP shall be prepared in accordance with the
City of Carlsbad BMP Manual {latest version). Use the City of Carlsbad SWQMP template for priority
development project {Form E-35) available in the City website. The project SWQMP will determine
the pollutant control BMP requirements.
34. On the proposed preliminary grading plans, show all existing and proposed contour lines and spot
elevations to determine the existing and proposed drainage pattern and determine the extent of the
proposed grading {i.e. max. cut/fill).
35. Provide multiple cross-section to illustrate differences in grade.
36. Lot drainage shall comply with engineering standard GS-15. Show high points, flowline elevations,
percent grades and show the directions lot drainage using drainage arrows. Show invert elevations of
the proposed storm drain pipes. Verify the invert elevation of the existing storm drain pipe to connect
to.
37. Indicate the volume of grading {cut, fill, import, export, remedial) proposed for the project in cubic
yards. A grading permit will be required for this project.
38. Clearly show how the post development run-off are directed to the proposed biofiltration basins.
Show drainage arrows to indicate direction of drainage.
39. Show top of wall and top of footing elevations for all proposed retaining walls. Show the limits of 1:1
temporary back cut needed for retaining wall construction.
40. Submit a preliminary Geotechnical Study that provides recommendations for this proposed
development including design recommendations for the proposed retaining walls, pollutant control
BMPs and hydro modification facilities proposed for this project.
41. On the site plan, indicate the total proposed impervious area and total proposed pervious area in
square feet.
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42. The proposed permeable pavements, as shown on the preliminary plans, shall be designed in
accordance with SD-6B fact sheet, Appendix E.5 of the City of Carlsbad BMP Manual. It is considered
site design BMP, designed as self-retaining BMP, primarily for direct rainfall only (not designed to treat
additional impervious area). The use of pervious pavement results in the reduction of the impervious
area, reduces the DCV and consequently reduces the footprint of the pollutant control BMP required
for this project.
43. Obtain soils engineer approval and design recommendations for the proposed permeable pavement
adjacent to building structures. Lateral movement of water from the gravel layer may undermine the
stability of building foundations.
44. Show the biofiltration basins cross-section shown on the preliminary grading plans including the
overflow/outlet structures or riser to capture stormwater runoff from larger storm events. Provide
biofiltration basin overflow structure designed to handle 100-year storm event and show the ultimate
discharge points.
45. Submit a preliminary drainage report to determine the pre-development and post-development
drainage flows. Provide necessary mitigation for the increase in post development flows or show that
the downstream storm drain facilities can handle the additional flow.
46. On the site plan, show all existing utilities including water, sewer and storm drain systems. Reference
the city approved drawings for all existing utilities within El
Camino Real.
47. All on-site utilities, including sewer and water lines shall be private. Show the locations of the fire,
potable and irrigation water services including water meters and backflow preventers.
48. Provide typical El Camino Real cross-section at the project frontage. Show the locations of the public
utilities (sewer, water and storm drain) in the street cross-section. Label and dimension the existing
right-of-way.
49. Show all existing surface improvements (curb, gutter, sidewalk, paving, access-holes, inlets, power
poles, streetlights, adjacent driveways, vaults, transformers, etc.) along El Camino Real and Chestnut
Avenue at the project frontage.
SO. Show a typical cross-section of the proposed driveway. Show locations of all private utilities (sewer,
water and storm drain) within the proposed driveway. Clearly label the main project driveway and the
emergency-access driveway.
51. On the site plan, indicate the sewer demand in equivalent dwelling units (EDU), potable water demand
in gallons per minute (GPM), and average daily traffic (ADT) generated by the proposed development.
52. Show location of all existing and proposed fire hydrants within 300 feet of the project boundary.
53. Plot line of sight for corner sight distance at all driveway intersections with per Topic 405 of the
California Department ofTransportation Highway Design Manual. Ensure that no conflicts exist within
this line of sight.
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54. Meet with the Fire Department to identify the necessary fire protection measures required for this
project (access, fire hydrants, sprinkler system, etc.).
55. This preliminary review does not constitute a complete review of the proposed project and additional
items of concern may be identified upon formal project application submittal.
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: Emad Elias, Associate Engineer, at (760) 602-2733
Sincerely,
DON NEU, AICP
City Planner
DN:ED:cf
c: Chestnut Carlsbad, LLC., 3910 Chapman Street, Suite A, San Diego, CA 92110
Emad Elias, Project Engineer
Fire Prevention
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