HomeMy WebLinkAboutPRE 2022-0009; 850 TAMARACK AVE.; Admin Decision LetterMarch 21, 2022
James Markham
853 Home
Carlsbad, CA 9213192008
SUBJECT: PRE 2022-0009 {DEV2022-0031)-850 TAMARACK AVE.
APN: 204-292-23
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Carlsbad
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Thank you for submitting a preliminary review application for a proposed outdoor restaurant with turf
in a park-like setting, including a small dog park area. The project proposes to demo the existing building,
utilizing the building area for the new use and retaining the current parking lot.
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. General Plan and zoning designations for the property are as follows:
a. General Plan: Visitor Commercial (VC)
b. Zoning: Commercial Tourist (C-T)
c. Coastal Zone. The site is located in the Deferred Certification Area of the Coastal Zone
d. Overlay Zone: Commercial/Visitor-Serving Overlay Zone
2. Approved Ordinances regulating property: Ordinance 9300 -Specific Plan 27
3. The project requires the following permits:
a. Specific Plan (SP) Amendment. A specific Plan amendment is required to rescind Ordinance 9300
as discussed in bullet 4 below. City Council approval is required of the SP.
b. Minor Conditional Use Permit (CUP). Pursuant to Carlsbad Municipal Code (CMC) Section
21.208.070 and CMC Section 21.29.030 Planning Commission approval is required.
Community Development Department
Planning Division j 1635 Faraday Avenue Carlsbad, CA 92008-7314 \ 442-339-2600 www.carlsbadca.gov
PRE 2022-0009 (DEV2022-0031) -850 TAMARACK AVE.
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c. Coastal Development Permit (CDP). As the project site is located within the Deferred
Certification Area of the Coastal Zone, approval of a Coastal Development Permit (CDP) is
required from the California Coastal Commission (CCC). Action on the CDP cannot be taken until
the MCUP is approved by the Planning Commission. In addition, please be advised that staff
cannot approve the building permit until the CCC approves the CDP. Coordination with CCC staff
early on in the process is therefore strongly encouraged.
4. Existing Specific Plan Ordinance: The existing development of the project site as a restaurant was
approved in April of 1972, this included an approved Specific Plan Ordinance (Ordinance No. 9300,
Attached). General Condition D of the ordinance states that: no other use shall be allowed upon said
property until Specific Plans for it have been submitted and approved by the City Planning Commission
and the City Council. While current City requirements do not require a "Specific Plan" submittal for a
new use in this zone, this condition would still be applicable to the site. Staff recommends the
property owner submit a request to rescind this ordinance, whether this project moves forward or
not, as any future development or use of this property, aside from use as a restaurant with no
significant changes to the current physical improvements on site, will be limited by this standing
ordinance and its conditions.
5. Minor Conditional Use Permit: Per section 21.29.030 of the Municipal Code, in the C-T zone, a
restaurant use that is located adjacent to residentially developed or designated property requires a
Conditional Use Permit (CUP) be approved by the Planning Commission.
Chapter 21.208 of the municipal code, which provides specific requirements for projects in the
Commercial/Visitor-Serving overlay zone, states that uses which require a conditional use permit in
the underlying zone may be permitted within the overlay zone by approval of a minor conditional
use permit (MCUP). This chapter also states that the decision-making authority for all conditionally
permitted commercial/visitor-serving uses shall be determined by the underlying zone. This means
that a Minor CUP submittal is required and, while a Minor CUP is typically acted upon
administratively, this Minor CUP will require a Planning Commission hearing and approval.
6. Coastal Development Permit: The project site is in the Coastal Zone and is within a Deferred
Certification Area. Approval of a Coastal Development Permit (CDP) is required within the coastal
zone and, within Deferred Certification Areas, the Coastal Commission will have approval authority
of the CDP. Approval of the Minor Conditional Use permit will be contingent on subsequent approval
of the CDP by the Coastal Commission.
7. Commercial/Visitor Serving Overlay: All visitor serving uses in the Commercial/Visitor Serving Overlay
zone, including restaurants, are subject to the requirements of Chapter 21.208 of the Municipal Code
in connection to the approval of a Conditional Use Permit. These requirements include a Preliminary
Review submittal that demonstrates compliance with Chapter 21.208. Among these requirements,
the following are highlighted compliance areas that will need to be addressed:
a. Architectural Style -proposed structures will need to be consistent with Section
21.208.lO0(F). Two primary styles are allowed in the overlay zone, village architectural
style and Spanish/Mediterranean architectural style. An alternative architectural style
may be proposed as part of the conditional use permit application if it is specifically
supported by Community Development. Alternative architectural style may
accommodate a reasonable version of a user's corporate architectural style, provided
the corporate architectural elements do not dominate the building design so as to create
incompatibility in the area; or detract from the overlay zone's objective of ensuring high
quality appearances for commercial/visitor-serving uses. Staff is concerned the
proposed structures will not meet this architectural requirement.
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b. Parking Requirements -One space/one hundred square feet of gross floor area up to two
thousand square feet. Two thousand square feet or greater: twenty spaces plus one
space/fifty square feet in excess of two thousand square feet.
c. Proposed Signage -please provide signage plans with application submittal. Signage
must comply with the requirements of CMC Chapter 21.41 except as provided in CMC
Section 21.208.100.B.
d. Building Setback -The minimum building setback from any freeway right-of-way shall be
thirty feet of which the back twenty feet may accommodate circulation aisles, trash
and/or recycling enclosures, and/or parking spaces.
8. Noise Analysis. Due to the site's proximity to the Interstate 5 freeway and the adjacent Palomar
Airport Road, the project site is located within existing and future noise contours ranging from 65 to
70+ Community Noise Equivalent Level (CNEL). Please submit a Noise Analysis prepared by a
qualified professional demonstrating compliance with the city's Noise Guidelines Manual and Noise
Element of the General Plan. Specifically, it shall be demonstrated how the project design will comply
with the maximum interior noise level of 55 dBA for commercial uses. Please refer to the link below
for guidance.
https://www.carlsbadca.gov/home/showpublisheddocument/238/637425974092370000
9. Climate Action Plan (CAP). 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 CAP 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 CMC Chapters
18.21, 18.30 and 18.51 which is available on the city's website at the following address:
http:ljwww.geode.us/ codes/ ca rlsbad/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.
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
https:ljwww.carlsbadca.gov/departments/community-development/planning. 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.
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Land Development Engineering:
Land Development Engineering staff has completed a preliminary review of the above-referenced
project. Prior to formal application submittal the following items must be adequately
resolved/addressed:
1. Provide general information on the title sheet for the discretionary submittal per City of Carlsbad
Planning Form P-2, including existing and proposed Average Daily Traffic (ADT) generated by this
project. If the net change in ADT exceeds 110 or 11 peak hour trips, then a transportation impact
analysis (TIA) and a transportation demand management (TDM) plan is required for this project. If
a TIA is required, a scoping agreement shall be filed with the City of Carlsbad prior to development
of the TIA.
2. Clearly delineate and annotate the existing building that will be demolished and any proposed
structures.
3. This project is required to provide a preliminary conceptual grading plan with the submittal of a
discretionary application, clearly delineate the method of drainage for the dog park and turf area.
4. Provide any earthwork volumes: cut, fill, remedial, import and export. Per CMC 15.16.060 if soil
disturbance exceeds 200cy, or cuts/fills exceed four feet in vertical depth a grading permit and
grading plan will be required.
5. 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 can be printed from the
following website link:
https://www.carlsbadca.gov/home/showpublisheddocument/604/637426047018270000
6. At a minimum this project is subject to trash capture requirements. A Trash Capture SWQMP
Template (E-35A) is available on the City of Carlsbad website. A Trash Capture SWQMP shall be
submitted with the discretionary application and the BMPs shall be delineated and annotated on the
conceptual grading plan.
7. Fill out the Climate Action Plan {CAP) Checklist form P-30 to demonstrate that this project is in
compliance with the CAP.
8. 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. If the easement cannot be shown, list the easement on the plan and
state "non-plottable".
9. Show the existing sewer and water services and if any new connections are proposed.
10. Provide a preliminary geotechnical report to identify the soil type and any remedial grading required
to support the proposed improvements.
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11. The dog park limits are over existing parking spaces. Additionally, how will the trailers access the
turf area, will a curb cut or rolled curb be provided? Clearly delineate all the proposed impacts to the
parking spaces and update on the summary table required with the general information in the P-2
form.
12. Provide a cross section on the easterly property line adjacent to Caltrans right-of-way show the
existing and proposed improvements, dimensions to the property boundary and any remedial work
that will be required to construct proposed improvements.
13. Acceptance of this project by Caltrans will be a condition of approval since this project is adjacent
Caltr.ans right-of-way.
14. A vehicle miles traveled (VMT) analysis may be required. Applicability of the requirement will be
evaluated based on the project's environmental determination. Refer to the city's VMT guidelines
which is available on the city's website. If a VMT analysis is required, two copies shall be submitted
at the time of the discretionary application.
Building:
The following comments are applicable to the project:
1. An accessible path of travel from the accessible parking stalls to all "improved areas", including the
restrooms and areas accessible to the public, will be required.
2. Restrooms will need to be accessible compliant to the 2019 CBC.
3. Electrical and plumbing plans will be required.
If you would like to schedule a meeting to discuss this letter with the commenting departments, please
contact Kyle Van Leeuwen at the number below. You may also contact each department individually as
follows:
• Planning Division: Kyle Van Leeuwen, Associate Planner, at (442) 339-2611
• Land Development Engineering: Jennifer Horodyski, Project Engineer, at (442) 339-2747
• Building Division: Jason Pasuit, Building Official, at (442) 339-2788
['Y7l
DON NEU, AICP
City Planner
DN:KVL:cf
Attachment:
1. Ordinance No. 9300
c: David Rick, Project Engineer
Laserfiche/File Copy/Data Entry