HomeMy WebLinkAboutPRE 2022-0054; OLIVE OCEAN RESIDENCES; Admin Decision LetterNovember 8, 2022
KIRK MOELLER
KM ARCHITECTS
2888 LOKER AVENUE, SUITE 200
CARLSBAD, CA 92010
8FILE COPY
SUBJECT: PRE 2022-0054 {DEV2022-0194) -OLIVE OCEAN RESIDENCES
APN 206-092-09-00
Dear Mr. Moeller,
("Cityof
Carlsbad
Thank you for submitting a preliminary review application for a residential project proposed on an
approximately 27,934-square-foot (0.64-acres) developed lot located at 315 Olive Avenue. The proposal
generally involves the following:
• Demolition of an existing single-family home; and
• Development of eight (8) three-story detached condominiums
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-15, Residential; 8 to 15 dwelling units per acre
b. Zoning: Residential' Density-Multiple (RD-M) and Beach Area Overlay Zone
c. Coastal Zone: The project site is located within the Coastal Zone and is ~ubject to the Mello II
Segment of the Local Coastal Program (LCP). The LCP Land Use and Zoning are consistent with
Community Development Department
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov
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the City's General Plan Land Use and Zoning for the site. The property is located within the
California Coastal Commission's Appeals Jurisdiction.
2. The project requires the following permits:
a. Tentative Tract Map (CT)
b. Planned Development Permit {PUD)
c. Coastal Development Permit (CDP)
d. Hillside Development Permit (HOP)
e. Habitat Management Permit (HMP)
3. Technical Studies/Exhibits. A formal submittal of this project shall include 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 may 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 online at:
https ://www .ca rlsbadca .gov /home/showpublisheddocu ment/224/63 7 446616709600000.
The Guidelines for Biological Studies may be found online at:
https:ljwww .ca rlsbadca .gov /home/showpublisheddocument/1604/63 7819050500430000
b. Tree Inventory. As part of the above, please inventory trees onsite and identify if any are Torrey
Pines.
c. 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:
https :ljwww .ca rlsbadca .gov /home/showpublisheddocu ment/ 238/63 7 42597 40923 70000
d. 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 note in Comment No. 2 above.
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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}.
e. 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.
f. Cultural Resources and 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 Paleontological 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. Historical Analysis. The existing home on the property was built over 50 years ago. To determine
if the structure is significant pursuant to the California Environmental Quality Act {CEQA), a
historical analysis report will need to be submitted. The report shall also be consistent with the
city's Tribal, Cultural, and Paleontological Resources Guidelines and again can be found online at:
https://www.carlsbadca.gov/home/showpublisheddocument/254/637425976516870000
A formal submittal of this project to the city's Planning Division shall include two (2) copies of each of
the above reports.
4. The property is located within the California Coastal Commission's Appeals Jurisdiction. In answer to
one of your application questions, the property is located within the Mello II Segment of the city's LCP
and is not located in a deferred certification area. Therefore, the city of Carlsbad has permit authority.
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However, because the project is located within the appeals jurisdiction, the project is subject to
potential appeal.
5. The project is subject to the City's lnclusionary Housing Ordinance, CMC Chapter 21.85. Pursuant to
CMC § 21.85.030, for any residential development or development revision of seven (7) or n:1ore units,
not less than fifteen percent {15%) of the total units approved shall be constructed and restricted both
as to occupancy and affordability to lower-income households.
In answer to one of your application questions, pursuant to City Council Policy 57, and as further
described in Informational Bulletin IB-157 under the Alternative Means of Compliance {Alternative
#7), projects proposing more than seven (7), but no more than SO residential units are eligible to
purchase credits. More specifically, projects of 7 to 20 units are eligible to purchase 1.0
credit/inclusionary unit. IB-157 may be reviewed at the Planning Division front counter or found
online at: ·
https://www.carlsbadca.gov/home/showpublisheddocument/9634/637897580094270000
6. Please be 'aware that project density is based on the net developable acreage. The project density
identified in the PRE exhibit is based on the gross site acreage. For more specifics, please see CMC §
21.53.230. For constraints mapping analysis, see also CMC § 21.95.130. For preservation of steep
slopes and vegetation see also CMC § 21.203.040.
7. Unless exempt pursuant to CMC § 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/270/637425976541270000
Also, because this project site is located within the coastal zone, please be aware that all development
on natural slopes of twenty-five percent {25%) or greater (>25%) within the coastal zone shall comply
with the requirements of Chapters 21.38 and 21.203 of the Carlsbad Municipal Code and the slope
protection policies of the Mello II Segment of the Local Coastal Program.
8. 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
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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:ljwww.carlsbadca.gov/home/showpublisheddocument/7032/637697387309170000
9. Project compliance with the Planned DevelopmentTables C and E are attached for review. Compliance
issues, or suggestions, have been identified in red text.
10. No architecture was included with this preliminary review submittal; therefore, no comments
regarding architectural design and zoning conformance is being provided.
11. For Units 4 and 8, 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.
12. 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.
13. 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."
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:ljwww.qcode.us/codes/carlsbad/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
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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://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. 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. The entire impervious surface to be created or replaced on the project site and within the
project right-of-way must be delineated on the Form E-34 and in the Storm Water Quality
Management Plan.
This project is a Priority Development Project (PDP). The post construction stormwater treatment
BMPs shall be designed per the City of Carlsbad BMP Manual. Details shall be 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 and hydromodification.
3. This project proposes eight (8) residential condominium units and will require a tentative tract map
and Final Map.
4. Provide the average daily traffic (ADT) generated by the project. Also, include peak hour rate
calculations.
5. Submit a Climate Action Plan (CAP) checklist, Form P-30 to demonstrate that this project is compliant
with the city's CAP.
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 six (6) months of the application date, with current owner.
Label and annotate all existing easements affecting the property on the site plan.
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8. This project will require a 3-foot right-of-way dedication as well as dedication for the cul-de-sac right-
of-way based on City of Carlsbad Standard GS-3 for a 56-foot right-way width.
9. All proposed setbacks for the proposed condominium units shall be based off the easement
dedication.
10. Relocate the proposed transformer outside of the right-of-way dedication.
11. Relocate the biofiltration facility outside of the right-of-way dedication.
12. Relocate the backflow preventer outside of the right-of-way dedication ..
13. Delineate the centerline and the entire existing right-of-way as well as provide existing street typical
sections with existing improvements and street width.
14. Surface frontage improvements include removing the existing AC berm and widening the street for a
36-foot curb-to-curb width. Provide curb, gutter, and contiguous 6-foot-wide sidewalk.
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
CBC1804.4. 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(s), show footing(s) 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. 100-year detention calculations shall be provided to show that the
project does not increase flow from the existing conditions.
21. Provide a geotechnical report to support the proposed development, including soil type, excavation
requirements and any recommendations regarding BMPs.
22. Provide bearing and distance for all property lines shown.
23. Add a vicinity map to the site plan.
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24. Show all existing utilities: water, sewer, storm drain, dry utilities, and overhead lines at the project
frontage.
25. Remove and replace the existing 6-inch AC water main at the project frontage with 8-inch PVC
waterline.
26. The existing water service will need to be removed and replaced with a new water service. 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.
27. Provide a separate water meter and water service for irrigation.
28. Provide the water demand and sewer generation for this project per the City of Carlsbad Engineering
standards.
29. Delineate and annotate sewer connections for this proposed development. A private sewer main
shall be permitted at the driveway, whether 6-inch or 8-inch will be contingent on the slope ofthe
line, velocity, and capacity in the pipe. 4-inch laterals shall be installed off the private main to connect
to each individual unit.
30. Show existing topographic information within 15 feet of the property line, including fences, walls,
structures, trees, contours, and existing utilities.
31. It appears that there is a tree at the property frontage at Olive Avenue that is within the City of
Carlsbad tree inventory. Removal of trees will require approval per CMC § 11.12.090, show the
existing trees on site and the disposition.
32. If a trash enclosure is enclosed show on the tentative map and be consistent with the City of Carlsbad
standard drawing GS-16.
33. 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 any remedial excavation required to construct.
34. 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.
35. 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.
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Building:
l. No comments.
Fire and Life Safety Division:
l. Fire access is okay. However, the entire width of the proposed driveway will need to be identified and
marked onsite as a Fire Lane.
2. NFPA 13D fire sprinklers will be required throughout all units and attached garages.
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
• Fire and Life Safety Division: Randy Metz, Fire Inspections, at (442) 339-2661
Sincerely,
ERIC LARDY, AICP
City Planner
EL:JG:JC
Enclosures:
1. LDE Redlines -Site Plan Exhibit
2. Planning Redline -Planned Development, Compliance Table C
3. Planning Redline -Planned Development, Compliance Table E
c: Oshima Family Trust,352 Olive Avenue, Carlsbad, CA 92008
Nicole Fine, Project Engineer
Fire Prevention
Laserfiche/File Copy
Data Entry