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HomeMy WebLinkAboutPRE 2022-0028; THE POINTE AT LANAI; Admin Decision LetterJune 22, 2022 MAURO BOVE CARLSBAD LANAI PROPERTY LLC 380 SOUTH MELROSE DRIVE, SUITE 324 VISTA, CA 92081 8FILE COPY SUBJECT: PRE 2022-0028 (DEV2022-0097) -THE POINTE AT LANAI APN: 156-351-01-00 Dear Applicant, Ccityof Carlsbad Thank you for submitting a preliminary review application for a four-parcel subdivision (three (3) residential parcels and one (1) common parcel for access, utilities and drainage) generally located northwest of Lanai Court, east of Interstate 5 and south of Jefferson Street. The proposed residential parcels range in size from 10,931-to-13,885 gross square feet. The project site, an approximately 1.16- acre lot, currently is 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 ofthis 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: Residential (R-4) and Open Space (OS). The R-4 Land Use designation has a density range of Oto 4 dwelling units per acre and a Growth Management Control Point of 3.2 dwelling units per acre. b. Zoning: One-Family Residential (R-1) and Open Space (OS). c. 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 as discussed above. The property is located within the California Coastal Commission's Appeals Jurisdiction. Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov PRE 2022-0028 (DEV2022-0097) -THE POINTE AT LANAI June 22, 2022 Page 2 2. The project requires the following permits: a. Minor Subdivision (MS) b. Planned Development permit (PUD) .. , •.. J c. Coastal Development Permit (CDP) d. Hillside Development Permit (HDP) e. Habitat Management Permit (HMP) f. Minor Variance (V) 3. Technical Studies/Exhibits. A formal submittal of this project shall include two (2) hard copies of each of the following technical studies/exhibits: a. Biological Study. A formal submittal of this project will need to include a biological study of the site in compliance with the City of Carlsbad's Habitat Management Plan (HMP) and Guidelines for Biological Studies. If the site contains any potentially or known occupied Coastal Sage Scrub (CSS), protocol surveys shall be conducted, if not already done, in a February/March period to adequately survey for the presence of nesting gnatcatchers. Surveys conducted outside of this nesting period tnay only observe presence/absence of gnatcatchers and would not be accepted as adequate for purposes of CEQA and LCP compliance. The city's HMP may be reviewed at the Planning Division front counter or found on line at: https://www.carlsbadca.gov/home/showpublisheddocument/224/637446616709600000. The Guidelines for Biological Studies may be found online at: https://www.carlsbadca.gov/home/showpublisheddocument/1604/637819050500430000 A review of the Biological Constraints Letter Report (September 16, 2021, Merkel & Associates, Inc.) submitted with this preliminary review application only identifies two (2) habitat types onsite, Disturbed Habitat and Non-Native Vegetation. When preparing a Biological Study in accordance with the guidelines cited above, please note that Non-Native Vegetation is NOT a recognized vegetation community. Please be sure to follow the guidelines and use a classification that is consistent with the Oberbauer/Holland classification system and include detail in your description about the dominant and co-dominant plant species that are located onsite. Also, where the proposed development is located adjacent to open space, the project site will be subject to the adjacency standards of the HMP (see HMP sections F-16 through F-24). The biological study and proposed exhibits will all need to demonstrate how the project complies with these standards. Any buffers, or open space easements, that are required will need to be devoid of any development, including the energy dissipator shown next to the proposed Parcel 2. b. Noise Study. Please submit a noise study with your formal application that is prepared in accordance with the requirements outlined in the City of Carlsbad Noise Guidelines Manual. The Noise Guidelines Manual may be found online at: PRE 2022-0028 (DEV2022-0097) -THE POINTE AT LANAI June 22, 2022 Page 3 https://www.carlsbadca.gov/home/showpublisheddocument/238/637425974092370000 A review of the Noise Study (December 15, 2021, Ldn Consulting, Inc.) submitted with this preliminary review application proposes that an 8-foot-tall noise wall be constructed along the west property line, between the proposed residential lots and the lnterstate-5 freeway, as well as along the north property line of Parcel 1. Please note that a minor variance is required to construct a noise wall that exceeds the heights permitted by the R-1 Zone (CMC § 21.50.040.A.1.c.). This required permit is included in Comment No. 2.f. above. c. Constraints Map/Analysis. Pursuant to Coastal Resource Protection Overlay Zone (CMC Chapter 21.203), topographic and vegetation mapping and analysis, as well as soils reports, will be required as part of the coastal development permit application discussed in Comment No. 2 above. Such information shall be prepared by qualified professionals and in sufficient detail to enable the city to locate the boundary of any upland habitat areas and areas of slopes in excess of 25 percent. Topographic maps shall be submitted at a scale sufficient to determine the appropriate developable areas, generally not less than a scale of 1" -100' with a topographic contour interval of five feet and shall include an overlay delineating the location of the proposed project. (See also Hillside Development Regulations, CMC § 21.95.130 and§ 21.95.140). d. Geotechnical/Soils Report. In addition to the typical submittal requirements of a preliminary geotechnical/soils report, please be sure to also review the specific requirements listed under the Coastal Resources Protection Overlay Zone {CMC Chapter 21.203) and include in these required reports. More specifically, pursuant to CMC § 21.203.040.C-Landslide and Slope Instability, developments within five hundred feet of areas identified generally in the PRC Toups report, Figure 8, as containing soils of the La Jolla group (susceptible to accelerated erosion) or landslide prone areas shall be required to submit additional geologic reports containing the additional information required in the Coastal Shoreline Development Overlay Zone. Additionally, pursuant to CMC § 21.203.040.D -Seismic Hazards, development in liquefaction- prone areas shall include site-specific investigations addressing the liquefaction problem and suggesting mitigation measures. e. 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 archeological and paleontological resources. Please direct your consultant to the city's Tribal, Cultural and Paleontologica/ Resources Guidelines. Please note that any archeological pedestrian survey of the site for the cultural resources study shall include a Native American monitor during the survey. The Guidelines may be reviewed at the Planning Division front counter or found online at: https://www.carlsbadca.gov/home/showpublisheddocument/254/637425976516870000 f. Air Quality Technical Report. PRE 2022-0028 (DEV2022-0097) -THE POINTE AT LANAI June 22, 2022 Page4 g. Environmental Site Assessment. Please submit a Phase 1 Environmental Site Assessment (ESA) of the project site. If the findings of a Phase I ESA require preparation of a Phase 2 or a limited Phase 2 ESA, please also submit this additional report as well. A formal submittal of this project should include two (2) copies of each of the above reports. 4. Unless exempt pursuant to C.M.C § 21.95.040, no person shall grade, erect, or construct into or on top of a slope which has a gradient of fifteen percent or more and an elevation differential greater than fifteen feet without first obtaining a hillside development permit (HDP) pursuant to CMC Chapter 21.95. The project site includes a change in grade elevation greater than 15 feet, slopes greater than 15 percent, and is not exempted under CMC § 21.95.040; therefore, a HDP is required as noted in Comment No. 2 above. As such, the project will need to demonstrate conformance with the Hillside Development Regulations and Hillside Development & Design Guidelines (see also Comment No. 3c above). As part of a formal submittal, please be sure that project exhibits address all requirements listed under CMC § 21.95.130 -Hillside Mapping Procedures and CMC § 21.95.140 -Hillside Development and Design Standards. The Hillside Development & Design Guidelines may be reviewed online at: https://www.carlsbadca.gov/home/showpublisheddocument/270/637 425976541270000 5. 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 exhibit package, at a minimum, shall include a Conceptual Landscape Plan; Conceptual Water Conservation Plan; Conceptual Fire Protection Plan; and a Conceptual Landscape Maintenance Responsibility Exhibit (private or common). Be sure to add all relevant information pertaining to the HMP Adjacency Standards. Pursuant to HMP Policy 7-11, buffer areas that do not contain native habitat shall be landscaped using native plants. Be sure to identify such plantings. Signage and physical barriers such as walls or fences shall be required to minimize edge effects of development. Be sure to plot, label and detail any such items within the exhibits. The Landscape Manual may be reviewed online at: https ://www .ca rlsbadca .gov /home/showpublisheddocu ment/7032/63 7697387309170000 6. The project site is located entirely within the Very High Fire Severity Zone. Please coordinate with the Fire Department regarding any fire related restrictions as well as the plotting of required fire suppression zones pursuant to the city's Landscape Manual which is available for review on the city's website at the following address: https://www.carlsbadca.gov/home/showpublisheddocument/234/637425974086270000 7. For Parcels 1 and 2, please plot the slope edge building setback pursuant to CMC § 21.95.140.1 on all site plans, and any applicable architectural elevations and cross section details. 8. Please see Land Development Engineering Comment No. 3 below. Please revise building setbacks and the plotting of a future home on Parcel 1 to address this comment. PRE 2022-0028 (DEV2022-0097} -THE POINTE AT LANAI June 22, 2022 Page 5 9. Please see Land Development Engineering Comments No. 10 and 11 below. With a formal submittal, please clarify whether the approved Caltrans widening project already includes construction of a noise wall for the locations shown on these preliminary exhibits. If so, please show said plotting and design and include reference on the plans. 10. Please note that the General Plan Land Use Designation of "RLM" (Residential Low-Medium, 0-4 dwelling units per acre} no longer exists as a terminology and has been recently revised to "R-4" (Residential, 0-4 dwelling units per acre) with the most recent General Plan update. With a formal application submittal, please revise all reference to this where applicable. 11. Regarding the Slope Analysis Legend, and most importantly the associated analysis that coincides with it, please note that the categories should read as: 0 -less than 15% 15 -less than 25% 25 -40% slopes Slopes greater than 40% With a formal submittal, please update the analysis ensuring that all coastal zoned slopes are accurately and clearly accounted for by acreage. 12. No retaining wall~ are permitted at the top slope along a downhill perimeter slope. Please revise the proposed grading schemes of Parcels 1 and 2 to replace retaining walls with contour grading. 13. No architecture was included with this preliminary review submittal; therefore, no comments regarding architectural design and zoning conformance is being provided. 14. 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.gcode.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. PRE 2022-0028 (DEV2022-0097)-THE POINTE AT LANAI June 22, 2022 Page 6 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://www.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. Please review all information carefully before submitting. Land Development Engineering: 1. Please submit a recent Preliminary Title Report (PTR) within six (6) months of the application date and listing current ownership. All easements and encumbrances identified in Schedule "B" of the PTR must be shown on the site plan and correlate to the list provided on sheet 2. 2. Please call out all the existing easements adjacent to the property boundary as shown on Map 16056 (see attached). 3. Please remove the proposed covenant of easement for the Bio-Basin, Item #2 on sheet 2. The Bio- Basin should be located within the HOA parcel, Parcel 4. Update the setbacks to this parcel line and ensure setback meets minimum required. 4. Please clarify the disposition of existing SDG&E easements and if any existing overhead lines exist on the property. If existing overhead lines exist show if they will be relocated and/or underground to prevent conflicts with the proposed development. 5. Please provide letter from SDG&E acknowledging the proposed development and incorporate any design recommendation proposed by SDG&E on the plans. 6. Please complete a Stormwater Standards Questionnaire, Form E-34, to determine the stormwater requirements for this project. The questionnaire is available on the city website. Based on the preliminary site plan, it appears that this project qualifies as a priority development project (PDP). Please submit a Storm Water Quality Management Plan {SWQMP) with the discretionary permit 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 on the city website. 7. Please submit a preliminary Geotechnical Study that provides recommendations for the proposed development including but not limited to grading and drainage, earthwork, and over-excavation requirements as well as design recommendations for the proposed biofiltration BMP shown on the preliminary site plan, particularly if infiltration is feasible for this project or if an impermeable liner is recommended. 8. Please show spot elevations and method of drainage for all areas of each parcel, ensure compliance with CBC1804.4, otherwise provide geotechnical recommendations. 9. Please submit a preliminary hydrology study. Provide mitigation as necessary so that the post- development Q does not exceed the pre-development Q at the discharge point. PRE 2022-0028 (DEV2022-0097) -THE POINTE AT LANAI June 22, 2022 Page 7 10. Please coordinate with Caltrans to identify potential conflicts between the proposed project and 1-5 North Coast Corridor, 1-5 widening project. Please show the proposed widening on the site plan. 11. Please obtain a letter of acknowledgement of project from Caltrans for the proposed improvements, incorporate any requirements proposed by Caltrans on the plan. Clarify if the proposed outlet storm drain encroaches into the Caltrans ROW. 12. Please show the remedial grading required by geotechnical recommendations on all retaining wall sections. 13. For the retaining wall along the westerly perimeter of the project, if a temporary permission to grade letter will be obtained from Caltrans, then please state so on the plans. If a shoring wall is to be constructed at the boundary line, then please show it on the cross sections, and call it out. 14. Please show the maximum retaining height for all retaining walls depicted on the site plan. 15. Please provide a cross section at the north corner of the building on Parcel 2. Show the dimension to the slope, the finish grades, the storm drain, the retaining wall, the footings to the wall and building and remedial excavation required. Ensure the minimum setback to the retaining wall meets City of Carlsbad and CBC requirements. 16. On cross section B-B clearly show the retaining wall footing. This footing will most likely extend under the existing curb and gutter since the back of the curb is less than 2-feet from the face of wall. 17. On the Bio-Basin Section C-C please clarify the height of the slot opening, 12" maximum ponding allowed per City of Carlsbad BMP Manual. 18. On the Bio-Basin Section C-C please clarify dimensions of each layer and clarify if infiltration will be utilized or if an impermeable liner will be installed per Geotechnical recommendations. 19. On the Bio-Basin Section C-C please lower the outlet pipe below basin so that the outlet pipe will be outside of the gravel storage area, also move catch basin to prevent conflict with wall footings. 20. Please provide a typical cross section of the existing private Lanai Court. 21. Please provide dimensions for hammerhead turnaround proposed and obtain approval from the Fire Marshal. Plot the turnaround template using Figure 404.5F of Caltrans Highway Design Manual. 22. Please coordinate with the Fire Department to identify the necessary fire protection measures required for this project (fire hydrants, sprinkler system, etc.). Show the location of the nearest fire hydrant along Lanai Ct. 23. Please revise the location of the proposed water meters so they are within the existing 30-foot-wide general utility easement per Map 16056. No need for a proposed general utility easement on site, all on site utilities will be private. PRE 2022-0028 (DEV2022-0097) -THE POINTE AT LANAI June 22, 2022 Page 8 24. Please provide a blow-off at the end of the public water main within the existing general utility easement. 25. Please provide a separate water meter for irrigation for HOA maintenance of the biofiltration facility. 26. Please note that all water services beyond the proposed meter and the proposed manhole, sewer lateral, separate force mains and pumps shall be private. 27. Please comply with all red-lined comments shown on the plans. 28. A grading permit will be required for this project. 29. Additional items of concern may be identified upon formal project application submittal, when a more complete design of the project is submitted. Fire Department: 1. The proposed fire access appears to be acceptable with the proposed turnaround as shown. 2. Please note that NFPA 13D fire sprinklers shall be required throughout all future home and any proposed accessory dwelling units. Submittal of a formal application shall demonstrate compliance. Building Division: 1. No comments. If you would like to schedule a meeting to discuss this letter with the commenting departments, please contact Jason Goff at the number below. You may also contact each department individually as follows: • Planning Division: Jason Goff, Senior Planner, at (442) 339-2643 • Land Development Engineering: Nicole Fine, Project Engineer, at (442) 339-2744 • Building Division: Jason Pasiut, Building Official, at (442) 339-2788 • Fire Department: Randy Metz, Fire Division Chief, at (442) 339-2661 DON NEU, AICP City Planner DN:JG:JC PRE 2022-0028 (DEV2022-0097)-THE POINTE AT LANAI June 22, 2022 Page 9 Attachments: 1. Land Development Engineering Redlines -Civil Sheets 1-4. 2. Final Map No. 16056 of Carlsbad Tract No. 12-01, Sheets 1, 3 and 5 of 5 c: Carlsbad Lanai Property LLC, 380 South Melrose Drive, Suite 324, Vista, CA 92081 Nicole Fine, Project Engineer Fire Prevention Laserfiche/File Copy Data Entry