HomeMy WebLinkAboutPRE 2025-0055; MAGNOLIA/GREYCOURT LAND DEVELOPMENT; Admin Decision LetterDecember 3, 2025
Samuel B. Wright
2911 State St. Suite A
Carlsbad, CA 92008 {city ofCarlsbad
SUBJECT: PRE 2025-0055 (DEV2023-0117) - MAGNOLIA/GREYCOURT LAND
DEVELOPMENT APN 205-280-55-00
Thank you for submitting a preliminary review application for a residential project proposed on an
approximately 10,530-square-foot (0.24-acres) lot developed with four structures and located on
Greycourt Way (Address 1257 Magnolia). The proposal generally involves the following:
•Additions and remodel of existing buildings, including connection of existing structures, to create
one single-family residence, an accessory dwelling unit (ADU), and junior accessory dwelling unit
(JADU).
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-4, Residential; 0 to 4 dwelling units per acre
b.Zoning: One-Family Residential (R-1) Zone
c.Coastal Zone: The project site is located within the Coastal Zone and is subject to the Mello II
Segment of the Local Coastal Program (LCP). The LCP Land Use and Zoning are consistent with
the City's General Plan Land Use and Zoning for the site. The property is not located within the
California Coastal Commission's Appeals Jurisdiction.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
PRE 2025-0055 (DEV2023-0117)- MAGNOLIA/GREYCOURT LAND
DEVELOPMENT December 3, 2025
Pa e 2
2.The project as proposed requires the following permits:
a.Minor Coastal Development Permit (CDP) for the creation of an Accessory Dwelling Unit from
a detached accessory structure.
3.Development Standards. The property is subject to the R-1 Zone development standards, CMC
Chapter 21.10. Including the following:
a.Building Height: 30 feet with a roof pitch of at least 3:12, or 24 feet with a roof pitch or less
than 3:12. Building shall not exceed two stories.
b.Front Yard setback: 20 feet.
c.Side Yard Setback: 10 feet (See note below)
d.Rear Yard Setback: Twice the required Side Yard, 20 feet.
e.Lot Coverage: 40% Maximum Lot Coverage for all structures.
4.Accessory Dwelling Unit(s): An accessory dwelling unit (ADU), as allowed by Government Code
§65852.2, will need to comply with the following:
a.20-foot front yard minimum setback.
b.Four-foot side and rear-yard minimum setbacks.
c.An attached ADU shall be limited in size to 50% of the total floor area of the main dwelling or
1,200 square feet, whichever is less, but not less than 800 square feet.
d.No parking will be required for an ADU due to the project's proximity to the bus stop on
Highland Drive.
e.Accessory dwelling units must only be rented for a period of 30-days or more (no short-term
rental).
Other options for the creation of an ADU on the property utilizing the existing structures are available.
Please see the City's Informational Bulletin on ADUs and JADUs, linked below:
https://www.carlsbadca.gov/home/showpublisheddocument/12288/638279684162570000
Junior Accessory Dwelling Unit: Junior Accessory Dwelling Units (JADU) are considered part of the
main residence and are subject to the same development standards stated above. Properties with
JADUs must be owner occupied, in that the property owner must occupy either the JADU or the main
residence. In cases where both an ADU and JADU are constructed, the owner must live in one of the
three units. See link above for more information.
5.Unpermitted Construction: Based on staff research during this preliminary review, the property has
been extensively modified since the property was last sold in 2022. This includes remodel and addition
to the main residence, the remodel and addition to the accessory structure in the southeast corner of
the property (identified as a garage in assessors records but was previously converted to a dwelling
unit prior to the 2022 unpermitted construction), and the extensive remodel and roof addition to the
RV storage building adjacent to the east property line which converted a non-habitable structure into
a dwelling unit.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
PRE 2025-0055 (DEV2023-0117) - MAGNOLIA/GREYCOURT LAND
DEVELOPMENT December 3, 2025
Pa e 3
While some of this unpermitted work is noted on the application materials provided, those materials
do not provide the level of detail or accuracy needed to fully evaluate the preliminary application. City
staff have done additional research of internet records for the property, which appear on Redfin and
similar sites, and discovered photographs of the property from the 2022 property listing, which shows
the state of the property before unpermitted construction activities began later that year. These
photos are attached to this review letter as Exhibit A.
In meeting with the applicant and the property owner on November 17, 2025, staff is aware that the
goal of the preliminary review is to retain the unpermitted construction and units to the greatest
extent possible. The following comments will provide a path to permit existing permitted and
unpermitted construction to the greatest extent possible, based on what would be allowed prior to
unpermitted construction given the location, size, and use of structures observable in the 2022 listing
photographs.
a.Southeast Structure: The southeast accessory structure, which has contained a dwelling unit prior
to the unpermitted work started in 2022, currently has a footprint that is inconsistent with
standards appliable to the site for non-ADU development, but is consistent with the setbacks
applicable to AD Us. While the extent of the unpermitted work in 2022 included additions to the
main dwelling that connected the two structures, the area of addition to the main dwelling up to
the point of the connection to the accessory structure is consistent with standard requirements
applicable to the main dwelling.
Given the above scenario, this unit cannot be permitted as a Junior Accessory Dwelling Unit
(JADU), as JADUs must be created from the existing space of single-family residential structure
and the structures could not have been previously permitted to connect.
This unit can likely be retained and permitted as an attached ADU, consistent with state and local
standards. This will need to be confirmed with accurate site plans and floor plans submitted for
building permits. The plans provided for the preliminary review show, and current arial
photographs indicate, that an addition to the northeast corner of the structure was made which
attached this structure to the RV storage structure to the north. This addition will likely need to
be removed as further discussed below.
b.RV Storage Structure: This structure has undergone extensive unpermitted work to create a
dwelling unit out of an inhabitable structure. This structure can likely be retained as a dwelling
unit, with some modifications. Gov. Code, § 66323, subd. (a)(l), allows for existing accessory
structures to be converted to an ADU, even if that structure has non-conforming setbacks. In some
scenarios, this section allows for the creation of an ADU even if the property already has a
permitted or unpermitted ADU and can likely be allowed on this property. This code section does
not allow for additions to an existing structure, therefore the unpermitted roof addition and the
addition to the south wall of the structure, connecting it to the accessory structure to the south,
will need to be removed. The conversion of this structure will require the approval of a Coastal
Development Permit in addition to a building permit.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
PRE 2025-0055 (DEV2023-0117) - MAGNOLIA/GREYCOURT LAND
DEVELOPMENT December 3, 2025
Pa e 4
Fire Department:
1.Community Development Department will need to determine if permitting the existing "granny flat"
(site legend #9) as a JADU is allowed, without being contained entirely within a single-family
residence, per GC 66313. (See Planning comments above discussing compliance issues for establishing
aJADU)
2.The proposed conversion of the RV carport to an Attached ADU (site legend #12) will require fire
separation in accordance with California Residential Code Section R302.
Building Division:
1.State laws require cities to permit junior accessory dwelling units to be constructed within the walls
of the proposed or existing single-family residence. It must be enclosed uses within the residence,
such as attached garages, which are considered a part of the proposed or existing single-family
residence. It is unclear if the existing guest house meets this definition. More information is needed
to assess whether the building or structure is eligible for the conversion.
2.If it is eligible, it must include cooking facilities and food preparation counter space. It must also
accommodate a separate bathroom since there is no interior entry into the main unit. The guest house
is 497 SF according to the site plan (with the additions). Only 3 additional SF can be added as the size
may not exceed 500 SF.
3.No setback shall be required for an existing accessory structure that is converted to an accessory
dwelling unit (carport conversion). However, the side yard setbacks must be sufficient for life and
safety. Approval from the Fire Department is required.
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.
2.Based on a preliminary analysis it appears that this project will be a Standard Project. Complete the
Standard Project Requirement Checklist, Form E-36, and show all source and site design BMPs on the
conceptual grading and drainage plans.
3.Provide a Preliminary Title Report (current within the last six (6) months).
4.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.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
PRE 2025-0055 (DEV2023-0117) - MAGNOLIA/GREYCOURT LAND
DEVELOPMENT December 3, 2025
Pa e 5
5.Provide the method of draining the lot, away from the existing and proposed building. Unless
otherwise specified by a geotechnical engineer, method of drainage shall comply with California
Building Code (latest version) section 1804.4.
6.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.
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/planning-applications
forms. 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.
If you would like to schedule a meeting to discuss this letter with the commenting departments, please
contact Kyle Van Leeuwen at the email below. You may also contact each department individually as
follows:
•Planning Division: Kyle Van Leeuwen, Senior Planner, at kyle.vanleeuwen@carlsbadca.gov•Land Development Engineering: Nichole Fine, Sr. Engineer, at Nichole.fine@carlsbadca.gov
•Building Division: Mike Strong, Asst. CD Director, mike.strong@carlsbadca.gov•Fire Department: Darcy Davidson, Fire Marshal, darcy.davidson@carlsbadca.gov
Sincerely,
ERIC LARDY
City Planner
CF:KVL
Exhibits:
A.Site Photos from Redfin {2022)
c: Quintana Zaleski, 560 Paloma Court, Encinitas, CA 92024
Nichole Fine, Project Engineer
Laserfische/File Copy
Data Entry
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
Redfin Pictures (2022) prior to unpermitted construction
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