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Home My WebLink AboutPRE 2026-0002; STARTER HOME REVITALIZATION ACT;March 10, 2026 Paul Steidl BuildCasa 327 19th St. Oakland, CA 94612-3405 {city of Carlsbad VIA EMAIL AND MAIL SUBJECT: PRE 2026-0002 (DEV2026-0004) -STARTER HOME REVITALIZATION ACT APN: 216-190-01-00 Dear Mr. Steidl, Thank you for submitting a preliminary review application for a small lot subdivision pursuant to Senate Bill 1123 (SB-1123}, commonly referred to as the Starter Home Revitalization Act of 2021. Included with this proposal is a subdivision of 0.21-acre parcel (9,147 square feet) into six fee simple lots and the construction of six (6) three-story, attached townhomes ranging in size from 1,347 square feet to 1,620 square feet and in height from 30'-6" to 33'-3". The proposed lot sizes range from 1,207 to 2,677 square feet. The property, located at 2531 Levante Street, is undeveloped and is substantially surrounded by residential development. Topographically, the site slopes from a high point from south to north with an approximately nine-foot change in grade. The proposed density is 28.57 dwelling units per acre. 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 land use and zoning designations for the property are as follows: a. General Plan: R-4 Residential (0-4 du/ac) b. Zoning: R-1, One-family Residential c. The subject property is located outside the Coastal Zone Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE 2026-0002 (DEV2026-0004)-STARTER HOME REVITALIZATION ACT March 10, 2026 Pa e 2 2. This project, as currently designed, is ineligible for a SB-1123 small lot subdivision for the following reasons: a. Five of the six parcels do not have frontage along a public street and access is proposed via private drive aisle. Since a drive aisle is proposed to access the units, the project would be subject to Carlsbad Municipal Code (CMC) Chapter 21.45, the Planned Development Ordinance, which includes a list of objective standards which can be applied to a project. The subject site is zoned R-1. Pursuant to Table A of CMC Section 21.45.040 (see screenshot below), Permitted Residential Uses, one-family dwellings on small lots (i.e., no condominiums) can only be permitted in the R-1 zone if the site is either contiguous to a higher intensity land use designation or zone or an existing project of comparable or higher density or if the site has sensitive biological resources (see Notes 1 and 4 in table below). Neither of these scenarios apply. Therefore, the project cannot be designed as fee simple lots. If a common interest development is proposed, such as condominiums, the units cannot be attached since the site does not contain sensitive biological resources (see Note 4 in Table A below). If the project were to be redesigned so that there were two or more detached condominium units on one lot (see "One-family dwellings", Note 3), the project would qualify for a Planned Development permit but would still be required to comply with all objective standards. In summary, the only option is to design the project as detached condominiums. nnHeA Permitted Residential Uses legend: P = Permitted. (II) Number within p:irentheses " Permitted only in certain rircunrstance!io. X =-Nol permitted. Zone RI R-2 R-3 RO-M R·W R·P RMHP P-C V-0 Accessory Uses Notes: Residential Use One Family OwelhnK or rwm HomC' on Small Lo~ (one uml per lot} Q)or (<!) X (5) (7) (8) (9) Condt1minium Pro1e One family dweltm1;<. -(3) or (4) Two-family dwellings -(1) or (4) Multiple famtty Jwell1n~ 4) One-family or two-t.J.mily dwelli111,rs -P Multiple-family dwellin1,-.rs -(2) or (4) p (6) (7) (B) (9) (1) Permllted when the project site is contiguous to a higher intensity land use designation or zone, or an e11.isting project of comparable or higher density. (2) Permitted when lhe proposed project site is contiguous to a lol or tots zone R-3, R-T, R-P, C-1, C-2, C-M or M, but In no CilSe shall the project site consist of more than one lot nor be more th;m 90 feet in width, whichever Is less. {J) Permitted when developed as two or more det:Jched units on one lot. (4) Permitted when the project site contains sensitive biological resources as Identified in the Carlsbad Habitat Management Plan. In the case of a condominium project, attached or detached units may be permitted when the site contains sensitive biological resources. (5) Permitted when the R-P zone implements the R-15 land use designation. (6) Permitted when the R·P zone implemenlS the R-15 or R-23 land use designations. (7) Pennilted u!ies shall be consistent with the master plan. (8) Ref-er to the Village and Barrio master plan for permilled uses. (9) Refer to Table F for permitted accessory uses. (Ord. NS-83•1 ~II, 2007; Ord. CS 099 §II, 2010; Ord. CS-334 § 10, 2018; Ord. CS-432, 9(27/2022) Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE 2026-0002 (DEV2026-0004)-STARTER HOME REVITALIZATION ACT March 10, 2026 Pa e 3 3. b. The project does not comply with objective zoning standards of CMC Chapter 21.45 (see Comment 6 below), including number of stories and building height. c. The project does not comply with Fire access requirements for drive aisle width. Specifically, a 16-foot-wide drive aisle is proposed, and a 24-foot-wide drive aisle is required. Please be aware that Fire code requirements are associated with health and safety requirements; therefore, this standard cannot be waived. d. The project does not meet the minimum density of 30 du/ac pursuant to the provisions of SB 1123 (see Comment No. 5 below). Notwithstanding the above, staff is required to accept an application to process it if made by the applicant, with approval from the property owner. If an application were to be submitted, city staff will accept and review the application. However, if a complete application does not meet the requirements of the statute as it overrules city regulations in its entirety, we would process for denial of either the ministerial action or Planned Development Permit. A decision of the City Planner could be appealed under Carlsbad Municipal Code to the Planning Commission, and a decision of the Planning Commission could be appealed to the City Council. Development Permit Applications. If the concept project is redesigned as detached condominiums, the following outlines the required permit applications and general processing steps to secure necessary approvals for streamlined small lot subdivisions. a. Tentative Tract Map b. Planned Development Permit • A completed Development Permit Application (P-2) is required. Please include "SMALL LOT SUBDIVISION" in the Project Description Statement (Form P-1(B)). • Applications for streamlined subdivisions shall follow the same permit processing steps set forth in CMC Chapter 20.24, with the following exceptions. o A public hearing shall not be required to approve tentative and final maps for a proposed subdivision of 10 or fewer parcels. o Pursuant to Government Code §66499.41(a), a subdivision resulting in 10 or fewer parcels is considered a ministerial action. Pursuant to CEQA Guidelines §15268(a), ministerial projects are exempt from CEQA. However, as discussed above, because this project would require a Planned Development Permit, which is a discretionary action, pursuant to CEQA Guidelines §15268(d), the project is NOT ministerial, and thus, the project is subject to the requirements of CEQA. 4. For additional information regarding Comments 2 and 3 above, please review Information Bulletin IB-166 Streamlined Small Lot Subdivisions, which can be found on the City of Carlsbad Community Development Department's website at: Community Development Department Planning Division / 1635 Faraday Avenue I Carlsbad, CA 92008-7314 / 442-339-2600 PRE 2026-0002 (DEV2026-0004) -STARTER HOME REVITALIZATION ACT March 10, 2026 Pa e 4 5. 6. https://www.carlsbadca .gov/home/showpublisheddocument/20580/638912915136600000 https://www.carlsbadca .gov/home/showpublisheddocument/270/637425976541270000 Density. The concept project has a proposed density of 28.57 dwelling units per acre (6 units/0.21 acres = 28.57 du/ac ). The proposed density is inconsistent with Government Code Sections 65583.2(c)(3)(b)(iv) and 65583.2(d) which specifies that the minimum density for a jurisdiction located in a metropolitan county is 30 du/ac. Objective Standards. If the project is redesigned as detached condominium units, please be aware of the following objective standards pursuant to CMC Chapter 21.45, Planned Development Ordinance: a. The design is required to comply with City Council Policy No. 44, Neighborhood Architectural Guidelines: htt ps ://www .ca rls bad ca .gov /ho me/ showp u b I ished d ocu me nt/2 60/638417044 77673000 0 b. In the R-1 zone, no building shall 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 for lots under 20,000 square feet. (CMC §21.10.050). In addition, building height is defined as follows: "Building height" is limited to the vertical distance measured from "existing grade" (defined: Section 21.04.160} or ''finished grade" (defined: §21 .04.161), whichever is lower, at all points along the "building coverage" (defined: §21 .04.061} up to a warped plane located at a height, above all points along the "building coverage," that is equal to the height limit of the underlying zone. All portions of the building shall be located at or below the building height limit. (CMC §21.04.065) As designed, the 3-story concept project does not comply with the maximum building height and requires redesigning from a three to a two-story design . State law states that the total average floor space for all units cannot exceed 1,750 net habitable square feet. There is no minimum area per unit. The building height and story requirements are objective standards that do not preclude the development. Compliance can be achieved with smaller units including reducing the size, number of stories and/or floor height. c. SB 1123 specifies that no more than one parking stall can be required per unit, regardless of the city's standards. Please be aware that the minimum dimensions for a one car garage is 12' wide x 20' deep and the required dimensions of a two car garage are 20' wide x 20' deep, free and clear. This is an objective standard and able to be applied for any provided parking. The measurement does not include the wall and should be taken from interior side of the wall. Staff is unable to verify compliance currently. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-73 14 I 442-339-2600 PRE 2026-0002 (DEV2026-0004) -STARTER HOME REVITALIZATION ACT March 10, 2026 Pa e 5 Please refer to the following links to the Planned Development Ordinance for additional information: Table C, General Development Standards: https://ecode360.com/44012695 Table E, Condominium Standards: https://ecode360.com/44012702 7. Floor Area Ratio (FAR). Pursuant to Government Code Section 65852.28, for housing development consisting of three to seven units, the city cannot impose a floor area ratio less than 1.0. Therefore, this is the maximum FAR the city will allow. The cover sheet notes a proposed FAR of 0.99. While this will need to be verified with a formal submittal on plans drawn to scale, the concept project appears to comply. 8. Clarifying Information Required for Future Submittal: a. Identify the average net livable area for all units; the maximum average is 1,750 square feet. b. State law indicates the lots are required to be a minimum of 1,200 feet. It is not clear how this will be accomplished with airspace condominiums. Individual lot lines are not shown on the concept site plan. c. Provide dimensions of one or two-car garage 9. Correspondence submitted with the subject preliminary review states the following: "The applicant has gone to great lengths to propose a design that is consistent with neighborhood style and compliant with the increased allowable density under the SHRA. 11 The concept project proposes to use state law to significantly increase the allowable number of units associated with the R-1 density applied to the site. Furthermore, it proposes a mix and type that is substantially different than the typology of the surrounding neighborhood: The city will be reviewing the project against what the state requires the city to permit and allowable objective standards. The project's consistency with neighborhood style is not an objective standard the city is allowed to apply to this project, but we do not agree that the project would meet that standard if it could be applied. 10. Landscape Plans. No conceptual landscape exhibits were included with this preliminary review submittal; therefore, no comments regarding compliance with the City of Carlsbad's Landscape Manual Policies and Requirements have been provided. Formal submittal of an application to the City's Planning Division for a Planned Development Permit will need to include conceptual landscape plans. Landscape plans shall be designed in accordance with the City of Carlsbad's Landscape Manual Policies and Requirements. Review of City of Carlsbad's Landscape Manual can be found on the City of Carlsbad Community Development Department's website at: http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?Blob1D=24086 Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE 2026-0002 (DEV2026-0004)-STARTER HOME REVITALIZATION ACT March 10, 2026 Pa e 6 12. 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 CMC 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 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. 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, 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. Complete a Stormwater Standards Questionnaire Form E-34, https://www.carlsbadca.gov/home/showpublisheddocument/604/638683035715330000. 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 Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE 2026-0002 {DEV2026-0004)-STARTER HOME REVITALIZATION ACT March 10, 2026 Pa e 7 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. 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. Provide a Preliminary Title Report (current within the last six (6) months). 6. 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 Hydrology Study including map and calculations is required to demonstrate capacity/sizing of proposed and existing storm drain infrastructure. Show 100-year storm hydrologic calculations before and after development for each drainage basin. 8. 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 through the following link: https://www.ca rlsbadca .gov/home/showpublisheddocument/326/638054006747270000. 9. Per CMC15.16.060 this project will require a grading permit and grading plan. 10. A separate improvement plan for work within the right-of-way may be required for this project. 11. 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. 12. Delineate and annotate the limits of grading. 13. Delineate and annotate approximate topographic contours for existing and proposed condition. Provide 1-foot contours for slopes less than 5%; 2' intervals for slopes between 5% and 10%, and 5' intervals for slopes over 10%. Extend contours a minimum 25 feet beyond the project boundary. 14. On the site plan, 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. 15. Delineate location of all existing and proposed buildings, walls, fences and permanent structures onsite and within 25 feet of the site. 16. Indicate the earthwork quantities (cut, fill, import, export, remedial) proposed for the project in cubic yards. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE 2026-0002 (DEV2026-0004) -STARTER HOME REVITALIZATION ACT March 10, 2026 Pa e 8 17. Provide spot elevations at the corners of each pad in the proposed condition. Include finish pad and floor elevations. 18. 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. 19. Show existing lot line bearing and distance . 20 . Show proposed parcel/lot lines on the site plan. Provide proposed parcel/lot areas. This project is proposing a subdivision to create 6 lots. A TENTATIVE MAP is required . 21. 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. 22 . Driveways that exceed more than 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. 23. Show all existing and proposed utilities and callout size for: water, sewer, storm drain, underground dry utilities, in Levante Street and laterals affecting the property. 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. 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. 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. 27. 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. 28. A 3" AC grind and overlay maybe required for HALF STREET OF Levante Street. 29. Coordinate with Olivenhain Municipal Water District and Leucadia Wastewater District since the proposed development is located within their district, property or easement. This project will require written approval from Olivenhain Municipal Water District and Leucadia Wastewater District. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE 2026-0002 (DEV2026-0004) -STARTER HOME REVITALIZATION ACT March 10, 2026 Pa e 9 30. 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.) 31. Plot stopping sight distance at driveway. 32. Address the comments on the attached red lined plan. 33. 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. Public Works -Utilities: 1. Subject property is located within the service area of Olivenhain Municipal Water District (OMWD) & Leucadia Wastewater District (LWD). Project should coordinate with OMWD and LWD for any needed review and approval process of proposed improvements. Public Works -Traffic Division: Any comments received will be forwarded under separate cover. Fire & Life Safety: 1. Fire Access Road. Please address the following as it relates: a. Fire access roadways shall be designed, constructed, and maintained to support the imposed loads of Carlsbad fire apparatus with a total weight of 75,000 pounds. The surface shall be designed, constructed, and maintained to provide all-weather driving capabilities. Approved road surfaces include asphalt and concrete. b. Fire access roadways shall be a minimum of 24 feet (24') clear width. Width of fire apparatus access road is sufficient to meet Carlsbad standards but there is not sufficient space provided for any street parking of any kind . c. Fire lane identification will be required per an acceptable method of marking that shall be approved prior to installation. Acceptable markings include marked with red curbs painted OSHA safety red and marked with "FIRE LANE -NO PARKING" painted on top of curb in three- inch (3") white lettering at a spacing of thirty feet (30') on center or portion thereof and "Fire Lane-No Parking" signs shall be posted immediately adjacent to the fire lane and at intervals not to exceed 50 feet (50'). d. The grade for fire apparatus access roads shall not exceed ten percent (10%) or 5.7 degrees. The grade may be increased to a maximum of fifteen percent (15%) or 8.5 degrees for approved lengths of access roadways, when approved by the Fire Marshal. Cross-slope shall not be greater than two percent (2%) for paved access roadways. With a formal application submittal, please confirm road grade and cross slope. 2. Please submit a completed Form P-99F (Project Facility Availability-Fire) to determine fire flow requirements, and to determine number and location of required hydrants. Please note this form must be completed and signed by appropriate Carlsbad Fire Department (CFD) staff prior to submittal of a formal project application. A completed, city-reviewed, Form P-99F shall accompany Community Development Department Planning Division / 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE 2026-0002 (DEV2026-0004)-STARTER HOME REVITALIZATION ACT March 10, 2026 Pa e 10 a formal project application to the Planning Division. Form P-99F can be found on the City of Carlsbad Community Development Department's website at: https://www.carlsbadca .gov/home/showpublisheddocument/12256/638809084383000000 3. All structures shall be sprinklered per NFPA 13D. Housing & Homeless Services: 1. For 6 units or less, the project would be subject to Carlsbad Municipal Code Chapter (CMC) 21.85, requiring payment of an in-lieu fee (CMC 21.85.110). The current fee is $18 per square foot of net livable area . Please see link below for additional information, including the requirements if 7 or more units are proposed. Informational Bulletin No. 157, lnclusionary Housing Program: https://www.carlsbadca.gov/home/showpublisheddocument/9634/638938058103500000 Building: No comments provided at this time. If you would like to schedule a meeting to discuss this letter with the commenting departments, please contact Shannon Harker at the number below. You may also contact each department individually as follows: • Planning: Shannon Harker, Senior Planner, at (442) 339-2621 • Land Development Engineering: Jose Sanchez, Project Engineer, at (442) 339-2744 • Fire & Life Safety: Darcy Davidson, Fire Marshal at (442) 339-2662 Sincerely, ~~- ERIC LARDY, AICP Assistant Director of Community Development EL:SH:cf Enclosures: 1. Red lined Plans -Land Development Engineering Division c: CalDev LLC, 950 E. Katella Ave. Ste. 5, Orange, CA 92867-5036 Seth Hamilton, seth@streetlampproperties.com Jose Sanchez, Land Development Engineering Darcy Davidson, Fire & Life Safety Laserfiche/File Copy/Data EntryData Entry Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600