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Home My WebLink AboutPRE 2025-0016; 1168 OAK AVENUE SINGLE LOT DUPLEX AND ACCESSORY DWELLING UNITS; Admin Decision LetterJune 12, 2025 Diana Davis 1640 Oceanside Boulevard Oceanside, CA 92054 {cityof Carlsbad SUBJECT: PRE 2025-0016 (DEV2025-0042) -1168 OAK AVENUE SINGLE LOT DUPLEX AND ACCESSORY DWELLING UNITS APN 156-180-09-00 Thank you for submitting a preliminary review application for a single-lot duplex and accessory dwelling units (AD Us), pursuant to CA Senate Bill 9 (SB-9), CA Senate Bill 450 (SB-450), and CA Senate Bill 1211 (SB- 1211), proposed at 1168 Oak Avenue, assessor's parcel number (APN) 156-180-09-00. The project site, an approximately 0.32-acre (11,086-square-foot) lot, currently is developed with a 1,052-square-foot single- family residence and an attached one-car garage with vehicular access provided off Oak Avenue. The preliminary review application site plan is proposing a single-lot duplex and two ADUs for a total of four (4) residential units on a single lot. The project site plan describes the following: • Demolition of an existing single-family residence and an attached one-car garage. • Construction of two (2) detached single-family residences (2,400 sq. ft) each with a two-car garage. Additionally, each single-family residence also includes an attached two-story ADU (1,200 sq. ft.) and an attached two-car garage. • Primary dwelling -Unit 1, proposed closest to Oak Avenue consists of 2-story construction, while the primary dwelling -Unit 2, proposed to the rear of the site consists of 1-story construction. • Vehicular access is provided from Oak Avenue via a 16-foot-wide private driveway. • The site plan proposes a 20-foot-wide FYSB, 4-foot-wide SYSB, and a 4-foot-wide RYSB • While elevations were not included, the project description included with the preliminary review application indicates that the buildings will be architecturally different. 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. Community Development Department Planning Division / 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE 2025-0016 (DEV2025-0042) - 1168 OAK AVENUE SINGLE LOT DUPLEX AND ACCESSORY DWELLING UNITS June 12, 2025 Pa e 2 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. Grading permit b. Building permit 3. The proposed project is subject to CA Senate Bill 9 (SB-9) and CA Senate Bill 450 (SB-450), which added Govt. Code §65852 .21. https ://legi nfo. I egis lat u re .ca .gov /faces/bi 11 Navel ie nt.xhtm I? bi 11 id= 2 023 20240S B450 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. 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-i ncome households. The formal submittal of the project will need to include documentation regarding any existing "protected un its." 5. A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements: a. The proposed housing development would not require demolition or alteration of any of the following types of housing: i. 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. Community Development Department Planning Division I 1635 Farad ay Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE 2025-0016 (DEV2025-0042) - 1168 OAK AVENUE SINGLE LOT DUPLEX AND ACCESSORY DWELLING UNITS June 12,2025 Pa e 3 ii. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. iii. Housing that has been occupied by a tenant in the last three years. b. The parcel subject to the proposed housing development is not a parcel 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 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. c. The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. Please demonstrate how the proposed project complies with this requirement. 6. Pursuant to Govt. Code §65852.21, 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 Govt. Code §65852.21. Therefore, the proposed residential project shall demonstrate compliance with the development standards of the One-Family Residential (R-1) Zone in Carlsbad Municipal Code Chapter 21.10 that do not directly conflict with Govt. Code §65852.21. 7. Configuration. The project proposes two detached, primary single-family residential units, each with an attached ADU. The California Department of Housing and Community Development {HCD) has stated that a lot with multiple detached residences is entitled to only one ADU. Therefore, the proposed configuration cannot be permitted; in that two ADUs are being proposed on a lot with more than one single-family residence. If the two 2,400-square-foot primary residences are proposed to be attached to each other, the two- unit building would qualify as a multi-family dwelling under state ADU law. Then two 1,200-square- foot ADUs, detached from the two-unit primary residential building, would also be able to be built on the property. Under this circumstance, the ADUs can be attached or detached from each other. 8. Size. As mentioned above in Comment 7, to be able to propose four units on the property without a lot split, the primary residences and ADUs need to be reconfigured to have the primary units attached to each other and the AD Us detached from the primary units. The maximum size of detached AD Us is limited to 1,200 square feet. The size of the primary units is limited by lot coverage, setbacks, and height. 9. Setbacks. Garaged parking is not required under SB-9 and SB-450. All accessory uses, including garages or covered patios, will need to meet the standard building setbacks -10% of the lot with for the side yard setback and two times the side yard setback, or 20% of the lot width, for the rear yard setback. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE 2025-0016 (DEV2025-0042) - 1168 OAK AVENUE SINGLE LOT DUPLEX AND ACCESSORY DWELLING UNITS June 12,2025 Pa e 4 Please plot the standard building setbacks on the site plan in addition to the four foot setbacks allowed under SB-9, SB-450, and SB-1211. 10. Height Limit. The following height limits shall apply, as applicable: a. Primary Units: i. Shall not exceed a height of 30 feet and 2 stories if a minimum roof pitch of 3:12 is provided or 24 feet and 2 stories if less than a 3:12 roof pitch is provided in accordance with the R-1 Zone. b. Detached ADUs: i. A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit. ii. A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code . A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. iii. A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling. 11. Lot Coverage. The maximum lot/building coverage is 40% in accordance with the R-1 Zone. Please provide a line item calculation to include the coverage of each residential unit and each garage showing how the proposed lot coverage was calculated. 12. Parking. a. A backup distance of 24 feet shall be maintained for each parking space . Please dimension the required 24-foot back up distance out of each space on the site plan . b. Pursuant to Table B of Carlsbad Municipal Code Section (CMC) 21.44.050 General Requirements, the minimum width of aisles that provide access to parking spaces with two- way traffic is 24 feet. The plans show the drive-aisle only 16-feet wide. Please revise the site plan to provide a 24-foot-wide drive-aisle. c. The garages will need to meet minimum interior garage dimensions of 20 feet by 20 feet. 13. Long-term Rentals. As specified in the SB-9 information bulletin linked above, approval of the Single Lot Duplex will require a restriction to 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. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE 2025-0016 (DEV2025-0042) - 1168 OAK AVENUE SINGLE LOT DUPLEX AND ACCESSORY DWELLING UNITS June 12,2025 Pa e 5 14. lnclusionary Housing. The project is subject to Council Policy Statement No. 90 (Policy 90) and the city's lnclusionary Housing Ordinance, CMC section 21.85. As an alternative to constructing inclusionary units as part of the development project, applicants proposing six or less units may instead pay a fee. Pursuant to CMC section 21.85.030(0)(3), the project can receive credit for the construction of a new residential structure which replaces a residential structure that was destroyed or demolished within two years prior to the application for a building permit for the new residential structure, provided that the number of residential units is not increased from the number of residential units of the previously destroyed or demolished residential structure. Please see City of Carlsbad Information Bulleting IB-157 for additional information on the lnclusionary Housing Program: https://www.carlsbadca .gov/home/showpublisheddocument/9634/637897580094270000 15. Historical Analysis. Building records indicate that the existing single-family residence on the property was constructed in 1953. Therefore, the structure may qualify as a historic resource. Please provide a historical analysis completed by a qualified historian. The report should analyze the historical significance of the dwelling proposed to be demolished and should be consistent with the City of Carlsbad Cultural Resource Guidelines. For more information, the guidelines can be reviewed on the city website at: https://www.carlsbadca.gov/home/showpublisheddocument/254/637425976516870000 16. 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/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 resu.lts 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. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE 2025-0016 (DEV2025-0042) - 1168 OAK AVENUE SINGLE LOT DUPLEX AND ACCESSORY DWELLING UNITS June 12,2025 Pa e 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 contact Nick Gorman in the Transportation Division at Nick.Gorman@carlsbadca.gov, a division of the Public Works Department, to determine if a Scoping Agreement is required. Scoping Agreements are used to determine if a Local Mobility Analysis (LMA) is required and the scope of analysis. If an LMA is deemed necessary, first, work with Transportation Division staff to obtain an approved scoping agreement. After the scoping agreement has been approved, submit the approved Scoping Agreement as an appendix within the LMA that is to be prepared per the most recent Transportation Impact Analysis Guidelines. 2. After the scoping agreement has been approved or deemed not necessary by the Transportation Division, please submit a completed Transportation Analysis Need Statement Form P-42 to Land Development Engineering at LandDev@carlsbadca.gov prior to discretionary application submittal. If an LMA has been deemed not necessary by the Transportation Division, please provide correspondence from the Transportation Division indicating one is not required. 3. 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. 4. Based on a preliminary analysis it appears that this project may be a Standard Project. Please complete the Standard Project Requirement Checklist, Form E-36, and show all source and site design BMPs on the conceptual grading and drainage plans. 5. Please provide a Preliminary Title Report (current within the last six (6) months). 6. 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 annotate on the site plan. 7. A preliminary geotechnical report is required to evaluate the feasibility of the project. Guidelines for preliminary geotechnical studies are available on the City of Carlsbad Engineering website. 8. Per CMC Section 15.16.060 this project will require a grading permit and grading plan. 9. A separate improvement plan for work within the right-of-way may be for this project. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE 2025-0016 (DEV2025-0042) - 1168 OAK AVENUE SINGLE LOT DUPLEX AND ACCESSORY DWELLING UNITS June 12,2025 Pa e 7 10. 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. 11. Please delineate and annotate the limits of grading. Include remedial grading quantities on the plan. 12. 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. 13. On the site plan, please show and identify all existing surface improvements screened back (curb, gutter, sidewalk, paving, manholes, inlets, streetlights, adjacent driveways, vaults, transformers, etc.) at the project site, project frontage and within 25 feet of the boundary. 14. Please indicate the earthwork quantities (cut, fill, import, export, remedial) proposed for the project in cubic yards. 15. Please provide spot elevations at the corners of each pad in the proposed condition. Include finish pad and floor elevations. 16. 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. 17. Please delineate location of all existing and proposed buildings, walls, fences and permanent structures onsite and within 25 feet of the site. 18. The 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. 19. Please show existing lot line bearing and distance. 20. Please provide typical street cross sections for existing frontage streets and proposed streets. Provide existing right-of-way width and existing improvements and proposed improvements and dedications. 21. Please delineate and annotate all proposed driveways and driveway widths. 22. Driveways that exceed more than a 150-foot 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. 23. Please show all existing utilities and callout size for: water, sewer, storm drain, underground dry utilities, overhead lines, traffic signals, streetlights in Oak Avenue and laterals affecting the property. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE 2025-0016 (DEV2025-0042) - 1168 OAK AVENUE SINGLE LOT DUPLEX AND ACCESSORY DWELLING UNITS June 12,2025 Pa e 8 24. All transformers and electrical facilities solely serving this project site shall be located on site and outside of the public right-of-way 25. 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. 26. A Sewer Study for new development may be required based on City of Carlsbad Sewer Master Plan Update 2019, Section 4.2 Design Criteria. 27. A Water Study for the new development may be required based on City of Carlsbad Potable Water Master Plan 2019, Section 4.2 Design Criteria. 28. Please locate fire service, backflows, potable and recycled water services, meters, landscape irrigation services, and sewer laterals for the new development in compliance with City of Carlsbad Engineering Standards requirements. 29. 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. 30. Oak Avenue is designated as an alternative design street. Therefore, this development is not subject to installing street frontage improvements at this time. The property owner will be required to enter into a Neighborhood Improvement Agreement (NIA) with the city. The Agreement will be recorded with San Diego County Recorder's Office. 31. A 3-inch AC grind and overlay may be required for half street width of Oak Avenue . 32. 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.). 33 . Please plot stopping sight distance at all driveways and corner sight distance at all street intersections. 34. Please address the comments on the attached red lined plan. 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. Building Division: 1. Conceptual approval only. Additional building comments may be generated after entitlement, when full and comprehensive building plans are submitted. Properties/structures built closer than 5 feet to the property line shall require a licensed surveyor to survey location prior to foundation inspection approval. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600