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Home My WebLink AboutPRE 2020-0018; 2530 JEFFERSON STREET; Admin Decision LetterJuly 28, 2020 Manna Goforth 230 S. Main Street Winchester, IN 47394 SUBJECT: PRE 2020-0018 (DEV2020-0171)-2530 JEFFERSON STREET APN: 155-251-20-00 Ccicyof Carlsbad Thank you for submitting a preliminary review for input on obtaining three legal units at 2530 Jefferson Street. The project site, an approximately 10,000-square-foot lot (0.23 acre), currently is developed with a single-family home, an accessory dwelling unit, and a detached workshop that has been illegally converted to a dwelling unit. 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-15 Residential, 8-15 dwelling units per acre (du/ac). Growth Management Control Point of 11.5 du/ac. b. Zoning: R-3 -Multiple-Family Residential c. The property is in the Coastal Zone. The Coastal land use designation and zone are the same as the general plan and zoning above. 2. The project requires the following permits: a. Coastal Development Permit (CDP) b. Nonconforming Construction Permit (NCP)-If existing nonconforming buildings are proposed to be expanded. c. Planned Development Permit (PUD)-If air-space condominiums are proposed for individual ownership of single-family homes. Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov PRE 2020-0018 (DEV2020-0171)-2530 JEFFERSON STREET July 28, 2020 Pa e 2 , :-,~ .... ; -·, .1> ' \',' ~ ... -,.,. "'.1! -~-:/ ~ 3. The subject property is designated R-15 R!!§ldlh:ial ilvh'ich allows residential density at 8-15 dwelling units per acre (du/ac) with a Growth Management Control Point (GMCP) of 11.5 du/ac_ The property has a gross area of 10,000 square feet (0.23 acre). At the GMCP, three dwelling units are allowed (2.6 dwelling units rounded up to three dwelling units). A three-unit project is consistent with the R-15 General Plan Land Use designation and the GMCP. Therefore, no dwelling units would be withdrawn from or deposited into the city's "Excess Dwelling Unit Bank". 4. The project site has been approved as a single-family home with a detached accessory dwelling unit (ADU) and a detached non-habitable workshop/storage building. In 2018, a Minor Coastal Development Permit (CDP 2017-0067) was issued to legalize an unpermitted 933-square-foot dwelling as an ADU. The approved exhibits show the ADU was a former garage located at the rear of the property. The approved plans show the detached building in the middle of the property as a non- habitable workshop/storage building. A code compliance case (CC 2020-0048) has been opened for an unpermitted unit located in what was approved as a detached non-habitable workshop/storage building. Since a single-family home cannot have two detached ADU's, the converted workshop cannot become an additional ADU on this property. However, the property's R-3 zoning and R-15 General Plan Land Use designation allow for up to three units on the property. There are several options for gaining approval of three units on this property as discussed below. Option 1 -Three detached units. The R-3 zone allows for two or more detached single-family homes on a lot. However, detached single-family homes require a two-car garage (or two, one-car garages) for each unit. Therefore, three, fully enclosed, two-car garages would need to be constructed. All new development would need to meet the development standards of the R-3 zone (Carlsbad Municipal Code (CMC) Chapter 21.16) and require a standard Coastal Development Permit (CDP) approved by the Planning Commission. A Planned Development Permit (PUD) and compliance with CMC Chapter 21.45 would also be required if air-space condominiums are proposed so the three single-family homes could be sold individually. Option 2 -Three attached units. The R-3 zone allows for multiple-family development which is defined as three or more attached units. If all-new construction is not contemplated, then this means all three of the existing structures would need to be modified so they are attached to each other by at least one common wall. Parking for studios and one-bedroom units is 1.5 spaces per unit with 1 covered space per unit. Parking for two-bedroom rentals is 2 spaces per unit, 1 of which shall be covered. Parking for a two-bedroom condo also requires 2 spaces per unit but the covered space requirement is replaced with a one-car garage in addition to a covered or uncovered space. One additional visitor parking space must be provided on-site as well for rentals or air-space condominiums. Parking shall be provided consistent with current parking requirements for each unit. All new development would need to meet the development standards of the R-3 zone (CMC 21.16) and require a standard CDP approved by the Planning Commission. A PUD and compliance with CMC Chapter 21.45 would also be required if air-space condominiums are proposed. Option 3 -Two, single-family homes plus an ADU or a two-family home plus an ADU. The R-3 zone allows for multiple detached single-family homes or attached two-family homes. It has been determined that a property with two single-family homes, or a two-family home may also have one PRE 2020-0018 (DEV2020-0171) -2530 JEFFERSON STREET July 28, 2020 Pa e 3 ADU on the property. Each unit (except the ADU) requires a fully enclosed two-car garage (or two, one-car garages). One visitor parking space for the project would be required on-site for a two-family home project. Since the existing garage was legally converted to an ADU, two garaged spaces would only be required for the addition of a detached unit or for the conversion of the workshop to a unit. All new development would need to meet the development standards of the R-3 zone (CMC 21.16) and require a standard CDP approved by the Planning Commission. A PUD and compliance with CMC Chapter 21.45 would also be required if air-space condominiums are proposed. Option 4 -Single-family home plus an ADU. This option does not allow for three units but would bring the property back to compliance. This option would convert the middle building back to a non- habitable building as shown on the plans for CDP 2017-0067. Consultation with the Building Division would need to occur to determine what building permits will be required. A final inspection by the Building Division and/or Code Enforcement will be required. 5. An ADU may be rented but shall not be sold separately. 6. The following setbacks apply to the lot: a. Front: 20 feet. For condominium projects, this may be reduced to 10 feet or 20 feet for carport or garages that face onto the front yard. The front yard shall be landscaped. b. Interior sides: 10% of the lot width, which is 5 feet. c. Rear: Twice the side yard width, which is 10 feet. 7. If a condominium project is proposed the project must comply with the requirements listed in Carlsbad Municipal Code (CMC) Chapter 21.45 (Tables "C" and "E") for one-family detached condominiums, or Tables "C" and "D" for an attached two-family home. 8. A detached, three-unit project must comply with the applicable design requirements listed in City Council Policy No. 44. City Council Policy No. 44 may be found on line at: https:ljwww.carlsbadca.gov/civicax/filebank/blobdload.aspx?B1ob1D=24738 9. The maximum lot coverage permitted is 60 percent. See CMC Section 21.04.061 for further information on what qualifies as lot coverage. 10. The height I.imit of the R-3 zone is 30 feet (measured in accordance with CMC Section 21.04.065). Building heights shall be shown on all elevations as measured from existing grade or finished grade, whichever is lower. If proposing to establish a new grade per CMC Section 21.04.065, please add a note on the plans stating the request. 11. Walls and fences shall be limited to a maximum of 42 inches in height in the front yard setback and six feet in height beyond the front yard setback. Wall and fence height shall be measured from the lowest adjacent grade on either side. 12. If an existing structure on the property is over 50 years old and proposed the be demolished or substantially modified, a historical analysis report will need to be submitted consistent with the city's PRE 2020-0018 (DEV2020-0171)-2530 JEFFERSON STREET July 28, 2020 Pa e4 Tribal, Cultural, and Paleontological Resources Guidelines that can be found online at: http://www.carlsbadca.gov/civicax/fi1ebank/blobdload.aspx?Blob1D-34010 13. Depending on the development proposed, a conceptual landscape plan may be required with the project application in compliance with the city's Landscape Manual. Please show all existing trees to be removed on the landscape plan. The landscape Manual can be found online at: http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?Blob1D-24086 14. Please verify with the Building Division the accessible parking space requirements for the parking spaces provided on-site. 15. The Housing Crisis Act of 2019 (SB 330) established a preliminary streamline application process for housing projects. It is not mandatory unless applicants seek the vesting and processing benefits offered under SB 330. Participation in the SB 330 streamline process would occur first, followed by the formal development application process required under Government Code (Gov. Code)§§ 65940, 65941, 65941.5, and Carlsbad Municipal Code (CMC) § 21.42.050. Acceptance by the city of a complete SB 330 Streamline Application (Form P-32) and fee will vest the project for 180 days in accordance with the ordinances, policies and standards in effect at the time the SB 330 Application is accepted. The city is finalizing the application form and process for SB 330 Streamline Applications. Please contact planning@carlsbadca.gov for more information. 16. 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 income households. The formal submittal of the project will need to include documentation regarding any existing "protected units." 17. 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 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 PRE 2020-0018 (DEV2020-0171) -2530 JEFFERSON STREET July 28, 2020 Pa e 5 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 http://www.carlsbadca.gov/services/depts/planning/default.asp. 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. Building: 1. The owner shall submit plans detailing the existing conditions of the middle structure being requested to be made permitted. Building will have the plans reviewed and will inspect to the 1997 Uniform Building Code (UBC) standard (using SB1226 as the basis for allowing this). A retroactive permit can be issued once the plans are approved to the 1997 UBC standard. 1. Due to changes in state regulations regarding fire sprinklers, NFPA 13D fire sprinklers would need to be installed throughout the middle structure in order to obtain a residential occupancy classification and be rented/occupied as such. If it is to remain as a workshop/non-habitable building as currently approved, fire sprinklers would not be required. If you would like to schedule a meeting to discuss this letter with the commenting departments, please contact Chris Garcia at the number below. You may also contact each department individually as follows: • Planning Division: Chris Garcia, Associate Planner, at (760) 602-4622 • Building Division: Jason Pasiut, Building & Code Enforcement Manager, at (760) 602-2788 • Fire Department: Randy Metz, Fire Inspections, at (760) 602-4661 Sincerely, DON NEU, AICP City Planner DN:CG:cf c: Fire Prevention HPRM/File Copy Data Entry