HomeMy WebLinkAboutPRE 2022-0046; OAK TOWERS; Admin Decision LetterOctober 28, 2022
Elwood Design & Construction
Tom Sanford
1106 2nd Street, #468
Encinitas, CA 92024
8FILE COPY
SUBJECT: PRE 2022-0046 (DEV2022-0174) -OAK TOWERS
APN: 203-261-07-00
{"city of
Carlsbad
Thank you for submitting a preliminary review for a mixed-use project proposed at 390 Oak Avenue. The
project site, an approximately 0.67-acre lot, currently is developed with a two-story commercial building
and on-site parking. The project proposes the construction of a new four-story mixed-use building with a
subterranean parking garage for residential units, ground-floor commercial parking spaces with 10,520
square feet of commercial tenant space, and 30 residential units located on the second, third, and fourth
floors. Residential units proposed range in size from one-bedroom to four-bedrooms, and the project
proposes to dedicate three units for very-low-income households to receive a 50 percent density bonus.
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: Village Barrio (V-B), 28-35 dwelling units per acre
b. Zoning: Village-Barrio (V-B) Zone
c. Village & Barrio Master Plan (VBMP); Village Center (VC) Land Use District
d. The property is in the Village-Barrio Segment of the Coastal Zone. The Coastal land use designation
and zone are the same as the general plan and zoning above.
2. The project requires the following applications:
a. Tentative Tract Map (CT) for subdividing the property into five or more condominium/ownership
units)
b. Site Development Plan (for buildings exceeding 5,000 square feet)
c. Coastal Development Permit (CDP) for development in the Coastal Zone.
Community Development Department
Planning Division j 1635 Faraday Avenue Carlsbad, CA 92008-7314 j 442-339-2600 www.carlsbadca.gov
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The Tentative Tract Map, Site Development Plan, and Coastal Development Permit applications must
be submitted to the city concurrently. The City Cound~will be the final decision maker.
3. Density/Density Bonus. The project proposes 20 units, prior to density bonus, on a 0.67-acre lot,
which is a density of 29.85 or 30 dwelling units per acre (du/ac). Per Section 2.5 of the VBMP, mixed-
use projects in the VC district have a base density of a minimum of 28 du/ac and a maximum of 35
du/ac. Calculation provided is mathematically correct, however maximum density allowed should be
used when calculating density bonus.
Summary of density bonus as shown on plans:
Base density: 30 du/ac
Base units: 0.67 acres x 30 = 20 dwelling units
Affordable housing proposed: 3 very low-income units; 15% of base units reserved for
50 percent density bonus:
Proposed number of units:
Proposed density:
affordable housing
20 units + 50 percent = 30 units (per density bonus table in P-
l(H), Density Bonus Supplemental Checklist
30 units
30 units+ .67 acres= 44.77 or 45 du/acre
Summary of density bonus using maximum density:
Base maximum density: 35 du/ac
Base maximum units: 0.67 acres x 35 = 23.45 or 24 dwelling units (round up per CMC
Section 21.86.040(G))
Affordable housing proposed: 3 very low-income units; 12.5 or 13% of base units reserved for
40 percent density bonus:
Proposed number of units:
Proposed density:
affordable housing
24 units + 40 percent = 33.6 or 34 units (per density bonus table
in P-l(H), Density Bonus Supplemental Checklist
30 units
30 units+ 2.95 acres= 44.77 or 45 du/acre
Other adjustments to the calculation are available to reach a total of 30 units. Please reach out to the
Planning Division to discuss if other options will be proposed.
Pursuant to state density bonus law, the project qualifies for two (2) incentives or concessions and
additional waivers, if needed. The project application should specify the number and types of
concessions or waivers.
4. lnclusionary Housing Requirement: The project is subject to the City's lnclusionary Housing
Ordinance. A project proposing 30 units will be required to provide 15% of total units (5 units) as
affordable units. Any units not provided on site do have the option for alternative means of
compliance. For a project of 30 units, 1.5 credits will need to be purchased for every affordable unit
not provided on site. Please see the City's lnclusionary Housing Program Information Bulletin for more
information:
https:Uwww.carlsbadca.gov/home/showpublisheddocument/9634/637897580094270000
PRE 2022-0046 (DEV2022-0174} -OAK TOWERS
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5. Parking. The 30-unit project includes eight (8) one-bedroom units, eight (8) two-bedroom units, 12
three-bedroom units, and two (2) four-bedroom units. A 50% density bonus is proposed and a total
of 15% or 3 units are proposed to be set aside as Very-Low Income units.
Pursuant to the VBMP, the parking ratios for multiple-family dwellings are as follows:
Studio/one-bedroom: One space per unit
Two or more bedrooms: One and half spaces per unit
Visitor parking: None required in VC District
Pursuant to state density bonus law, projects which provide at least 11% very low-income units and
are located within one-half mile of a major transit stop, the maximum parking ratio that can be applied
to the project is 0.5 spaces per unit. As the project proposes 15% very low-income units and is located
within one-half mile of the Carlsbad transit station, the appropriate parking ratio to apply to the
project is 0.5 spaces per unit. Therefore, the proposal to construct 30 units results in a parking
requirement of 15 parking spaces (30 x 0.5 = 15 spaces).
The cover sheet for the concept plan indicates a total of 54 parking stalls provided for residential units,
resulting in a surplus of 39 parking stalls. Therefore, the proposed number of parking stalls far exceeds
what is required. Given the limited availability of nearby on-street parking, staff is supportive of
providing more parking than what is required pursuant to state density bonus laws. However, please
be advised that providing additional parking onsite may impact the VMT analysis (if required).
6. Setbacks. Per Section 2.7.1 (A) of the VBMP, setbacks will be applied as follows;
a. Front/Corner: Minimum of O feet; maximum of 5 feet to building (at the ground floor). Additional
depth permitted where area includes a plaza, courtyard, or outdoor dining. Additional depth is
also permitted to accommodate electrical transformers, utility connections, meter pedestals, and
similar equipment only if other locations are infeasible as determined by the decision-maker
b. Side: 0 Feet
c. Rear: O Feet
7. Clear Zones. Per Section 2.6.l(A)(4) of the VBMP, A clear zone shall be provided at the intersection
of a street and an alley or driveway to maintain a free line of sight. The clear zone shall consist of an
isosceles right triangle measured 7.5 feet in both directions from the intersection of the two property
lines. In addition, the clear zone shall not be occupied by a ground floor building footprint, site
features taller than 36 inches, or landscaping that is taller than 30 inches. As currently designed, the
project does not appear to comply. Please see the VBMP for an example.
8. Private Open Space. Per Section 2.7.l(E)(2) of the VBMP, private open space shall be provided at a
minimum of 60 square feet per unit with a minimum dimension of 6 feet in any direction. Balconies
for one-bedroom units on the third floor appear to be less than 60 square feet.
9. Common Open Space. Per Section 2.7.l(E)(3) of the VBMP, a project with 30 units will be required to
provide a minimum of 450 square feet of open space, with a minimum dimension of 10 feet in any
direction. Open space proposed on second floor near the Washington Street frontage appears to not
meet the 10-foot minimum dimension standard and may not be counted toward this requirement.
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10. Height. Per Section 2.7.l(G)(l) of the VBMP, the maximum allowed structure height is 45 feet and
four stories.
11. Height-Ground Floor. Per Section 2.7.l(G)(2) of the VBMP, the ground-floor plate height for the
commercial units along Washington Street shall be a minimum height of 14 feet.
12. Building Massing. Per Section 2.7.l(H)(l) of the VBMP, wall planes that exceed 40 feet in length shall
provide a minimum of five feet in variation in the wall plane, as well as a change in the roof line.
13. Ground Floor Street Frontage Uses. Per Section 2.7.1(1) of the VBMP, new ground floor street frontage
uses permitted within the boundaries of the use. restriction area identified on Figure 2-2 (Washington
Street Frontage) shall occupy more than one-half of the habitable space developed on the ground
floor and shall span at least 80 percent of the building frontage.
14. Design Guidelines. Please refer to Section 2.8 of the VBMP for Area-Wide Design Guidelines. A
detailed evaluation of the project's compliance with these design guidelines will occur during review
of the formal project application submittal.
15. Bicycle Parking. Please revise the site plan to add a minimum of two locations for bicycle parking.
Pursuant to Page 2-74 of the VBMP, bicycle parking should be provided at convenient places such as
entrances or other visible and accessible areas.
16. Electrical Transformer. Please submit correspondence from SDG&E indicating whether a transformer
wjll be required. If required, please identify the location on the plans and provide landscape
screening.
17. Historical. Cultural and Paleontological Report. The existing structure proposed to be demolished is
over 45 years old. In addition, the project proposes an underground parking structure that may impact
cultural or paleontological resources. Please prepare a comprehensive report consistent with the
California Environmental Quality Act and the city's Tribal, Cultural, and Paleontological Resources
Guidelines, which can be found on line at:
https://www .ca rlsbadca .gov /home/showpu blisheddocu ment/254/637 425976516870000
18. Noise Analysis. As the proposed project will be located in close proximity to railroad tracks, a noise
analysis prepared by a registered acoustician will be required. The study shall be prepared in
compliance with the requirements of the Noise Guidelines Manual. Please see link below for
additional information
https:ljwww.carlsbadca.gov/home/showpublisheddocument/238/637425974092370000
19. Early Notification. 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 (GOO-foot radius) within 30 days of submittal of the
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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:
https:llrecords.carlsbadca.gov/Weblink/DocView.aspx7id=5156829&dbid=0&repo=CityofCarlsbad&
cr=l
Form P-21:
https:llwww.carlsbadca.gov/home/showpublisheddocument/452/637843403622900000
20. Housing Crisis Act. 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.
21. Climate Action Plan. 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:llwww.gcode.us/codes/car1sbad/view.php7topic=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.
Land Development Engineering:
1. 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 is located on the City of Carlsbad
website.
Since the impervious area is more than 5,000 square feet for this redevelopment, this project is a
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Priority Development Project (PDP). The post construction stormwater treatment BMPs shall be
designed per the City of Carlsbad BMP Manual and shown on a conceptual grading plan and drainage
plan with the discretionary application.
2. Prepare a Preliminary Storm Water Quality Management Plan utilizing the stormwater template E-35
on the City of Carlsbad website this project is subject to water quality BMPs. This project is exempt
from the hydromodification criteria based on Hydromodification Exemption Analyses for Select
Carlsbad Watersheds by Wayne Chang dated September 17, 2015.
3. This project is subject to the City of Carlsbad trash capture requirements for the entire property.
Incorporate trash capture measures and calculations into the preliminary Storm Water Quality
Management Plan.
4. Provide the average daily traffic (ADT) generated by the project for the existing and proposed
conditions. Also, include peak hour rate calculations for the existing and proposed condition. Based
on this information, this project may be subject to preparing a transportation impact analysis per the
City of Carlsbad Transportation Impact Analysis Guidelines. Prior to acceptance or review of a
transportation impact analysis, a scoping agreement is required to be approved by city staff. Contact
Nick Gorman at Nick.Gorman@carlsbadca.gov for further assistance regarding transportation impact
analysis requirements.
5. Submit a Climate Action Plan (CAP) checklist, form P-30 to demonstrate that this project is in
compliance with CAP. If applicable per checklist, include a Transportation Demand Management
(TDM) Plan and Greenhouse Gas (GHG) Analysis with discretionary application. Delineate all electric
vehicle (EV) and EV capable parking spaces on the site plan.
6. 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.
7. Provide a preliminary title report within 6 months of the application date, with current owner. Label
1 and annotate all existing easements affecting the property on the site plan.
8. It appears that the 40-foot half street width on Oak Avenue from Parcel Map 2689 is depicted
incorrectly on the site plan. Clearly show the existing right-of-way, centerline and dimensions to the
existing curb and existing sidewalk.
9. Clearly show the existing 30-foot right-of-way on Washington Street, and dimension the existing
curb, sidewalk and berm. Show the existing 200-foot existing A.T. & S.F. railroad easement and how
this existing easement aligns to the existing street.
10. Delineate the 20-foot radius public street dedication for Oak Avenue and Washington Street that is
shown on Parcel Map 2689. No structures shall be permitted in the street right-of-way.
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11. Additional street right-of-way may be required on Washington Street with this development after an
analysis of the existing street improvements along with the existing right-way can be provided.
12. Provide a typical street cross section for Oak Avenue and Washington Street indicating correct right-
of-way width.
13. Show and call out the existing sewer easement centered 15-feet off of the northerly right-of-way of
Oak Avenue per Parcel Map 2689. Provide this document with the discretionary application. A
preliminary review suggests that no improvements or structures will be allowed in this existing
easement.
14. If the applicant will be vacating the existing easement and providing new sewer service(s) for the
property which the easement serves, these improvements along with a letter of permission from
the existing owner shall be provided with the discretionary application.
15. Indicate the volume of grading (cut, fill, import, export, remedial) proposed for the project in cubic
yards. The remedial quantities shall be determined by the recommendations of a geotechnical
engineer.
16. Per CMC 15.16.060 this project will require a grading permit and grading plan and a separate
improvement plan for work within the existing right-of-way.
17. Provide a conceptual grading plan, delineate existing and proposed contours, spot elevations and
the method for draining the facilities around the proposed building and the parking garage per GS-
15 and CBC 1804.4. Provide finish floor and pad elevations.
18. Call out any retaining walls that will be utilized on the project site and show top of wall, bottom of
wall elevations. Indicate maximum height of retaining wall, show footing and remedial excavation
required in cross sections.
19. If stem walls or extended footings are incorporated into the building line, show on the grading plan
along with the depth retaining.
20. A preliminary hydrology study will be required to determine the pre-development and post-
development discharge flows.
21. Provide a geotechnical report to support the proposed development, including soil type, excavation
requirements and any recommendations regarding BMPs.
22. Provide a legal description of the property on the site plan.
23. Prnvide bearing and distance for all property lines shown.
24. Add the owner's address, the developer's name and address if different than the owner and a vicinity
map to the site plan.
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25. The site plan shows a removal of the existing curb and cutouts to support on street parking; however,
there is already on street parking permitted on these streets, clarify.
26. Show all existing utilities: water, sewer, storm drain, dry utilities and overhead lines in Oak Avenue
and Washington Street and laterals affecting the property.
27. Both a sewer and water analysis are required for this development to determine the availability of
.infrastructure to support this project.
28. The existing water service will need to be removed and replaced with a new PVC tee at the main. A
master meter may be allowed for the condominiums, coordinate with Carlsbad Municipal Water
District with the discretionary application. The proposed water service and meter will require a
backflow preventer.
29. Provide the water demand and sewer generation for this project per the City of Carlsbad Engineering
standards.
30. Show proposed sewer laterals to support the condominiums.
31. Show existing topographic information within 15 feet of the property line, including fences, walls,
structures, trees, contours, and existing utilities.
32. The trees along the property frontage at Oak Avenue and Washington Street are within the City of
Carlsbad tree inventory. Removal of any of these trees will require approval per CMC 11.12.090, show
the existing trees and the disposition.
33. Revise the trash enclosure to be consistent with the City of Carlsbad standard drawing GS-16.
34. Provide multiple cross-sections of the site to demonstrate differences in grade, including adjacent
properties, show existing ground, fences and existing adjacent structures. Also show proposed
improvements and underground parking garage and any remedial excavation required and shoring
needed to construct.
35. Use NGVD 29 datum for vertical control for all design elevations per city Engineering Standard Volume
1, Chapter 2 and NAD83 state plane coordinates for horizontal control of CAD files.
36. Please be advised that a more in-depth review of the proposed development will occur with the
discretionary permit application, when a more complete design of the project is provided.
1. NFPA 13 fire sprinklers required throughout. NFPA 72 automatic fire alarm required throughout due
to occupiable floors above the third floor.
2. Plans provided do not show pedestrian fire department access or laddering pads on two sides of the
building that would be adequate to access the building using ground ladders to reach required rescue
windows. Architect shall either design to correct construction type found in Carlsbad Building Code
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1031.2 to be exempted from rescue window requirements or provide proper setbacks to allow for
use of ground ladders to access rescue window openings on all sides.
Building:
The following comments are provided courtesy of the Building Division and will need to be clearly detailed
in your final design prior to submitting for building permit construction plan review.
1. This project consists of more than three dwelling units and may be subject to CBC Chapter llA and/or
118 accessibility requirements and other / Federal accessibility requirements depending on the
funding source(s) (Government funding will trigger HUD section 504 accessibility requirements).
2. Funding sources such as CTAC may trigger additional accessibility requirements above the minimum
amounts required by the California Building Code. Please list those additional requirements, if
applicable, in chart form on the cover sheet and provide details on the plans.
3. This is a mixed-use building including R-2 occupancy. Type of construction and consideration of area,
and/or height/story increase, and the sprinkler system proposed, will have to be detailed on the cover
sheet.
4. This building is considered an elevator building for accessibility plan review purposes.
5. This building is considered a high-rise building. Structural Observation will be required. CBC 1704.6.
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.
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: Kyle Van Leeuwen, Associate Planner, at {442) 339-2611
• Land Development Engineering: Nichole Fine, Project Engineer, at {442) 339-2744
• Building Division: Jason Pasiut, Building Official, at (442) 339-2788
• Fire Department: Randy Metz, Fire Inspections, at (442) 339-2661
Sincerely,
UVG
ERIC LARDY
City Planner
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EL:ED:JC
Attachments: Land Development Engineering Redlines
c: Roy & Nancy Salameh, 2642 Unicornio St., Carlsbad, CA 92009
Nichole Fine, Project Engineer
Laserfiche/File Copy
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