HomeMy WebLinkAboutPRE 2024-0068; DORNEY LOT SPLIT; Admin Decision LetterFebruary 4, 2025
Diana Davis
1640 Oceanside Boulevard
Oceanside, CA 92054
SUBJECT: PRE 2024-0068 (DEV2024-0134}-DORNEY LOT SPLIT
APN: 156-180-09-00
{cityof
Carlsbad
Thank you for submitting a preliminary review for an urban lot split project, pursuant to CA Senate Bill 9
(SB-9), commonly referred to as the Housing Opportunity & More Efficiency (HOME) Act, proposed at
1168 Oak Avenue, assessor's parcel number (APN) 156-180-09-00. The project site, an approximately
0.32-acre (13,826-square-foot) lot, currently is developed with a 1,052-square-foot single-family
residence and an attached one-car garage. Vehicular access provided off Oak Avenue.
The preliminary review request is to feedback for a proposed SB-9 urban lot split.
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 Land Use Designation: R-8, Residential (4-8 dwelling units per acre)
b. Zoning: One-Family Residential (R-1).
2. The project requires the following administrative permits, which are to be processed ministerially,
without discretionary review or a hearing:
a. Minor Subdivision (MS)
3. The proposed project is subject to CA Senate Bill 9 (SB-9), added Govt. Code §65852.21 and §66411.7:
Community Development Department
Planning Division I 1635 Fa raday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
PRE 2024-0068 (DEV2024-0134)-DORNEY LOT SPLIT
February 4, 2025
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https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bil l id=202120220SB9
The requirements of SB-9 are summarized in the following information bulletin prepared by the City
of Carlsbad:
https://www.carlsbadca.gov/home/showpublisheddocument/8771/637774951657370000
4. Pursuant to Govt. Code §65852.21 and §66411.7, a local agency may impose objective zoning
standards, objective subdivision standards, and objective design review standards that do not conflict
with the other requirements of SB-9.
As stated in the SB-9 Information Bulletin, each lot shall conform to the minimum lot width standards
applicable to the zone. Pursuant to Sections 20.16.0l0(D) and 21.10.100 of the Carlsbad Municipal
Code (CMC), the required minimum lot width is 60-feet in the R-1 (One-family Residential) Zone. A
20-feet wide panhandle is required for the panhandle lot. Based on the exhibit, the existing lot has a
width of approximately 71 feet. Therefore, the panhandle will leave the other lot with a width less
than the required 60 feet. For this configuration, the original lot would need to be a minimum of 80
feet wide. As proposed, the project does not comply with the required lot width; and thus, is
ineligible as a SB-9 project.
5. The remaining comments below are provided for information only. These comments would apply if
the project was an eligible SB-9 lot split.
6. As stated in the SB-9 Information Bulletin, no one parcel can be smaller than 40% of the original parcel.
Based on the exhibit provided, it appears that the panhandle lot is significantly larger than the other
proposed lot. Ultimately, there is not enough information to determine if the proposed lots would
meet this requirement as the sizes of proposed lots were not provided on the exhibit.
7. As shown on the site plan a portion of the residence will need to be demolished to create the
panhandle lot. The proposed urban lot split cannot require the demolition or alteration of any of the
following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to
levels affordable to persons and families of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity's valid
exercise of its police power.
c. A parcel or parcels on which an owner of residential real property has exercised the
owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 ofTitle
1 to withdraw accommodations from rent or lease within 15 years before the date that
the development proponent submits an application.
d. Housing that has been occupied by a tenant in the last three years.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
PRE 2024-0068 {DEV2024-0134) -DORNEY LOT SPLIT
February 4, 2025
Page 3
Please demonstrate how the project complies with this requirement.
8. A proposed single-family residence shall demonstrate compliance with the development standards of
the R-1 Zone in CMC Chapter 21.10 that do not directly conflict with SB-9.
9. 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/car1sbad/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://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 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.
2. Please provide a Preliminary Title Report (current within the last six (6) months).
3. Please annotate and delineate all existing easements and encumbrances listed in the Preliminary Title
Report on the site plan. If any easement vacations or quitclaims are planned with this development
annotate on the site plan.
4. This project shall utilize City of Carlsbad Survey Control Network established on Record of Survey Map
17271, NAD83, Zone VI, 1991.35 Epoch for horizontal control and NGVD 29 datum for vertical control
per City of Carlsbad Engineering Standards.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
PRE 2024-0068 (DEV2024-0134)-DORNEY LOT SPLIT
February 4, 2025
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5. Since the proposed lot line is located through the existing house, the existing house would need to be
altered to comply with required building setbacks. Be aware that if more than 25% of the building
exterior walls are demolished, then the new parcels will not be eligible for a Single Lot Duplex.
6. If any grading is proposed with this subdivision, please delineate and annotate the limits of grading.
Include remedial grading quantities on the plan . Delineate and annotate approximate topographic
contours for existing and proposed condition. Provide 1-foot contours for slopes less than 5%; 2-foot
intervals for slopes between 5% and 10%, and 5-foot intervals for slopes over 10%. Extend contours
a minimum 25 feet beyond the project boundary.
7. Please provide the method of draining each lot. Unless otherwise specified by a geotechnical
engineer, method of drainage shall comply with California Building Code (latest version) section
1804.4.
8. Please delineate location of all existing and proposed buildings, walls, fences and permanent
structures onsite and within 25 feet of the site.
9. The three mature olive trees along the Oak Avenue frontage are included in the city's street tree
inventory. Please indicate on the site plan that they are to remain or to be removed . Proposed
removal of street trees will require approval per Section 11.12.090 of the Carlsbad Municipal Code.
Coordinate with the parks and recreation department for additional information.
10. Please show proposed parcel lines on the site plan with distance and bearing labeled. Provide
proposed parcel areas. This project is proposing a subdivision to create two parcels. A tentative parcel
map is required. Be aware that neither parcel created can be smaller than 40% of the original parcel
size .
11. Driveways that exceed more than a 150' length shall have a turnaround designed for a 3-point turn of
a passenger vehicle. Additionally, applicant shall coordinate with the fire department to ensure width
and grade of driveway meets fire department requirements.
12 . Any new transformers and electrical facilities solely serving this project site shall be located on site
and outside of the public right-of-way.
13. If a new transformer is required, please obtain a letter from SDG&E confirming their approval of the
proposed transformer location and stating that no additional off-site facilities will be necessary for
this project. Please also include all existing and proposed dry utilities and the services that will supply
power to the proposed transformer.
14. Per Section 21.10.100 (C) of the Carlsbad Municipal Code, the buildable portion shall be the entire lot
exclusive of any portion of the lot less than 35-feet in width that is used for access to the lot.
15. Per Section 20 .28 .020 of the Carlsbad Municipal Code, panhandle-shaped lots shall have a minimum
frontage of 20 feet on a dedicated public street or publicly dedicated easement accepted by the city.
Panhandles may not serve as access to any lot except the lot of which the panhandle is a part.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
PRE 2024-0068 (DEV2024-0134) -DORNEY LOT SPLIT
February 4, 2025
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16. Please plot the proposed driveway serving the panhandle lot. Per Section 21.10.100 of the Carlsbad
Municipal Code, a minimum 14-foot-wide paved driveway must serve the lot.
17. 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.
Building Division:
1. No comments.
Fire Department:
1. Fire access is required to the rear parcel via an approved fire access road. Depending on building type,
the driveway would need to be 16 feet wide or 24 feet wide. In addition, if the fire access road is
longer than 150 feet, an onsite turnaround will be required.
If you would like to schedule a meeting to discuss this letter with the commenting departments, please
contact Edwa rd Valenzuela at the number below. You may also contact each department individually as
follows:
• Planning Division: Edward Valenzuela, Associate Planner, at (442) 339-2624
• Land Development Engineering: David Rick, Project Engineer, at (442) 339-2781
• Fire Department: Darcy Davidson, Division Chief/Fire Marshal, at (442) 339-2662
• Building Division : Shawn Huff, Building Official, at (442) 339-5338
Sincerely,
ERIC LARDY, AICP
City Planner
EL:EV:cf
c: James Dorney, 1168 Oak Avenue, Carlsbad, CA 92008
David Rick, Project Engineer
Fire Prevention
Laserfiche/File Copy
Data Entry
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
ASPHALT
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