HomeMy WebLinkAboutPRE 2023-0066; NOVAK PROPERTY - PINE AVENUE; Admin Decision LetterFebruary 13, 2024
Tim Martin
2333 State Street, Suite 100
Carlsbad, CA 92008
Y7l ~ tf 2//s/2.-1/
8FILE COPY { City of ~~ Carlsbad
SUBJECT: PRE 2023-0066 {DEV2023-0167) -NOVAK PROPERTY-PINE AVENUE
APN 205-020-10-00
Thank you for submitting a preliminary review application for an urban lot split, pursuant to CA Senate
Bill 9 (SB-9}, and commonly referred to as the Housing Opportunity & More Efficiency (HOME} Act. The
project is proposed at 1328 Pine Avenue. The project site, an approximately 0.44-acre (19,247-square-
foot} lot, is currently developed with a 1,065-square-foot, single-story, single-family residence, and a 502-
square-foot, detached, two-car garage with a 502-square-foot second dwelling unit above. Vehicular
access to the site is provided off Pine Avenue.
The preliminary review exhibit proposes:
• An SB-9 urban lot split to create an 8,099-square-foot lot identified as Lot 1, and a 12,137-square-
foot panhandle lot identified as Lot 2
• On Lot 1, an 814-square-foot addition to an existing single-family residence, a 686-square-foot
attached garage, and a 1,200-square-foot second-level accessory dwelling unit . (ADU} to the
existing single-family residence
• On Lot 2, the demolition of an existing two-car garage and second dwelling unit, the construction
of a 3,516 two-story single-family residence, an attached 732-square-foot lanai, a 730-square-foot
attached garage, a 72-square-foot covered deck, and a 72-square-foot uncovered deck
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.
b.
General Plan: R-4, Residential (0-4 dwelling units per acre}
Zoning: One-Family Residential (R-1}
2. The project requires the following permits:
a. Minor Subdivision (MS): A Minor Subdivision (Tentative Parcel Map} is required to
subdivide the property.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600
PRE 2023-0066 (DEV2023-0167) -NOVAK PROPERTY-PINE AVENUE
February 13, 2024
Pa e 2
b. Parcel Map: After the Minor Subdivision is approved an application to record the parcel
map will be required. Grading and other associated permits will also likely be required.
3. SB-9, Urban Lot Split:
a. The proposed project is subject to CA Senate Bill 9 (SB-9), added Govt. Code §65852.21 and
§66411.7:
https://legi nfo. legislature .ca .gov /faces/bi 11 N avC I ient.xhtm I? bi 11 id=20212022 OS 89
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
An initial assessment of the property indicates that the project does not meet the criteria for the
urban lot split due to the proposed demolition of the existing, rent restricted second dwelling
unit. The issue is detailed in the section below. If the scope of work is modified or the issue
resolved, additional requ irements, such as owner-occupancy of the property, will need to be
verified or agreed to by the property owner. Please see the SB-9 checklist, a link to the checklist
is provided in the document linked above.
As specified in the SB-9 information bulletin linked above, approval of the Urban Lot Split will
require certain agreements and restrictions. These include:
• A restriction shall be recorded prohibiting the use of the units from being used as short-
term vacation rentals; the units must be rented for a term longer than 30 days;
• Property owners must sign an affidavit stating they will occupy one of the housing units
as a primary residence for at least three years after splitting the property or the addition
of units;
• A restriction shall be recorded against the property prohibiting future Urban Lot Splits;
• A restriction shall be recorded that uses allowed on a lot created by SB-9 shall be limited
to residential uses.
4. Existing Second Dwelling Unit: The existing second dwelling unit above the detached garage was
approved on January 7, 1998 with specific conditions placed on the property and the unit. Those
conditions include:
a. The property and residence must not contain a second residential dwelling unit unless it is in
compliance with the second dwelling unit administrative permit provisions of the Zoning
Ordinance of the City of Carlsbad .
b. The property owner(s) shall reside in either the main dwelling unit or second dwelling unit.
"Owner" shall include a lessee if the leasehold includes both the main dwelling unit and the
second dwelling unit.
c. The second dwelling unit may only be rented and shall not be sold separately from the · main
dwelling unit, unless the lot on which such units are located is subdivided.
t
PRE 2023-~066 (DEV2023-0167) -NOVAK PROPERTY-PINE AVENUE
February 13, 2024
Pa e 3
d. The property owner(s) agree to rent the second dwelling unit at a monthly rental rate which shall
not exceed an amount equal to 30% of the gross monthly income of a low-income household,
adjusted for household size, at 80% of the San Diego County median income.
While some of these conditions are dated (i.e., the second dwelling unit permit provisions are no
longer stated in the Zoning Ordinance), the conditions still apply to the property. One of the conditions
of the second dwelling unit restricts the renting of the dwelling to levels affordable for low income
households. Under SB-9, Government Code §66411.7 (a)(3)(D) prohibits the demolition or alteration
of 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. Therefore, the proposed
demolition of the rent restricted second dwelling unit is not in compliance with this section of the
Government Code.
5. Subdivision Requirements: In addition to the requirements set by SB-9, the project will also need to
be compliant with the objective standards for panhandle-shaped lots and subdivisions (Sections 20.28
and 21.10 of the Carlsbad Municipal Code (CMC), unless specifically stated otherwise by SB-9
provisions.
One of the objective standards, CMC Section 20.28.020, requires that the lot have a minimum
frontage of 20 feet. This is ach ieved t hrough the panhandle lot configuration. With a panhandle lot
the access easement is not required and any mention of it should be removed from the plans.
On Lot 2, the parking spaces for panhandle lots are required to have 24-feet of space to complete a
turnaround. Please dimension the 24-foot turnaround space on the plans.
6. Accessory Dwelling Unit: The requirements of ADUs are summarized in the following information
bulletin prepared by the City of Carlsbad:
https://www.carlsbadca .gov/home/showpublisheddocument/12288/638378982568630000
A notice of restriction (NOR) will be required to restrict the rental of the ADU to 30 days or more.
7. Setbacks: On Lot 1, a small portion of the existing residence is shown within the western side setback
and is therefore not in compliance with SB-9.
The setback information for Lot 2 is unclear. Staff is unable to determine if all uses are in compliance
with the required 20-foot front yard setback. Please clearly show a 20-foot front yard setback line
stretching across the entirety of Lot 2 to confirm the garage, lanai area, and pool are located outside
the setback. The front setback will follow the entire front lot line as it jogs in all the way to the side
lot line.
The pool equipment and garden/outdoor shower appear to be in enclosures and located within the
rear and side setbacks of Lot 2. Please locate these uses within the buildable area observing the
setbacks.
The automated gate for vehicular access to Lot 2, located within the panhandle portion of the lot,
shall not exceed 6-feet in height.
PRE 2023-0066 (DEV2023 0167)-NOVAK PROPERTY-PINE AVENUE
February 13, 2024
Pa e 4
8. Lot Coverage: Please provide a line item lot coverage calculation for each proposed lot. The definition
of building coverage, CMC Section 21.04.061, lists all items to be included in the lot coverage
calculation, linked below:
https://library.qcode.us/lib/carlsbad ca/pub/municipal code/item/title 21-chapter 21 04-
21 04 061
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 on line at www.carlsbadca.gov. 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.
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 an impervious area exhibit, identify all existing impervious surface, and new
impervious surface and any replaced/recreated impervious surface. Impervious surface includes,
buildings, patio, hardscape, sidewalks, parking spaces, driveways, pool and any impervious surface
created or replaced within the Pine Avenue right-of-way.
3. If it is determined that this project is a Priority Development Project (PDP), all impervious surfaces
being created or replaced (onsite and offsite) shall be included for treatment. Please submit a
Preliminary Storm Water Quality Management Plan. This project is exempt from hydromodification
requirements. Review the Potential Critical Coarse Sediment Yield Area Map on the City website to
see if this criterion applies to your project. The post construction stormwater treatment BMPs shall
be shown on a conceptual grading plan and drainage plan with the discretionary application and shall
be located in common areas unrestricted for city access .
4. Please provide a Preliminary Title Report (current within the last six (6) months).
5. Please annotate and delineate all existing easements and encumbrances listed in the Preliminary Title
Report on the site plan . If any vacations or quitclaims are planned with this development, please
annotate on the site plan.
6. A Preliminary Hydrology Study including map and calculations is required to demonstrate that the
proposed 100 year flowrate does not exceed the existing 100 year flowrate.
7. A preliminary geotechnical report is required to evaluate the feasibility of the project and to
determine the remedial earthwork required for this development. Guidelines for preliminary
geotechnical studies are available on the City of Carlsbad Engineering website. If infiltration will be
utilized on site, please provide infiltration feasibility as part of the geotechnical study.
8. Per CMC 15.16.060 this project will most likely require a grading permit and grading plan.
PRE 2023-0066 (DEV2023-0167)-NOVAK PROPERTY-PINE AVENUE
February 13, 2024
Pa e 5
9. 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.
10. Please delineate and annotate the limits of grading.
11. Please 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.
12. Please indicate the earthwork quantities (cut, fill, import, export, remedial) proposed for the project
in cubic yards.
13. Please provide spot elevations at the corners of each pad in the proposed condition. Include finish
pad and floor elevations for each existing and proposed structure.
14. Please provide the method of draining around each structure. Unless otherwise specified by a
geotechnical engineer, method of drainage shall comply with California Building Code (latest version)
section 1804.4.
15. This project is proposing a subdivision to create two parcels. A tentative parcel map is required for
this SB-9 application.
16. Please provide a typical street cross section for Pine Avenue. Please provide existing right-of-way
width, existing improvements, and any proposed improvements.
17. Please show all existing utilities and callout size for: water, sewer, underground dry utilities, overhead
lines in Pine Avenue, and laterals affecting the property.
18. Please locate proposed potable water services, meters, and sewer laterals for the new development
in compliance with City of Carlsbad Engineering Standards requirements.
19. If the existing building is required to have fire sprinklers, then please replace existing water service
with a new PVC tee, meter, and backflow per CMWD standard drawing W-5.
20. Please provide multiple cross-sections of the site to demonstrate differences in grade from adjacent
properties, existing and proposed grades on-site, fences and location of structures on-site and on
adjacent properties.
21. Pine Avenue is designated as an alternative design street. There is an existing future improvement
agreement (FIA) recorded on the property per document 1998-0154355.
22. Please meet with the Fire Department to identify the necessary fire protection measures required for
this project (access, fire hydrants, sprinkler system, on-site circulation, emergency access, etc.).
23. Please address the comments on the attached redlined plan.
24. Please be advised that a more in-depth review of the proposed development will occur with the
PRE 2023-0066 (DEV2023-0167)-NOVAK PROPERTY-PINE AVENUE
February 13, 2024
Pa e 6
discretionary permit application when a more complete design of the project is provided.
Building:
1. The Building Division has reviewed this project and has no comments at this time.
Carlsbad Fire Department:
1. The new single-family dwelling (SFD) will require residential fire sprinklers.
2. The driveway will be used as fire access for the new SFD. Access will need to be widened to 16-feet
and must be able to support 68,000 pounds with PE certification.
If you would like to schedule a meeting to discuss this letter with the commenting departments, please
contact Edward 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: Nichole Fine, Project Engineer, at (442) 339-2744
• Building Division: Mike Strong, Assistant Director of Community Development, at (442) 339-2721
• Fire and Life Safety Division: Randy Metz, Fire Inspections, at (442} 339-2661
Sincerely,
ERIC LARDY, AICP
City Planner
EL:EV:mh
Enclosures:
1. Land Development Engineering Redlines
c: Nichole Fine, Project Engineer
Randy Metz, Fire Prevention
File Copy
Data Entry/Laserfiche