Loading...
HomeMy WebLinkAboutPRE 2022-0063; BEATTY PROPOSED TWO LOT TPM; Admin Decision LetterFebruary 15, 2023 Douglas Logan Rancho Coastal Engineering 310 Via Vera Cruz, Suite 205 San Marcos, CA 92078 8FILE COPY SUBJECT: PRE 2022-0063 (DEV2022-0227) -BEATTY PROPOSED TWO LOT TPM APN: 205-020-02-00 Ccityof Carlsbad Thank you for submitting a preliminary review for to subdivide an approximately 0.44-acre (19,166- square-foot) lot into two lots. Included with the lot split is the proposed demolition of an existing residence and detached garage, development of a new residential unit and accessory dwelling unit (ADU) on Parcel 1, and the development of a primary dwelling unit and the conversion of the existing dwelling unit into a detached ADU on Parcel 2. The project is located at 1250 and 1254 Pine Avenue. The project site is currently developed with two single-family residences and a detached garage. The north lot (parcel 1) is proposed as a panhandle lot. Both lots will take access from Pine Avenue. 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. General Plan: Residential 4-8 dwelling units per acre (R-8) b. Zoning: One-Family Residential (R-1) 2. The project requires the following permits: a. Minor Subdivision (MS) b. Grading Permit c. Building Permit Community Development Department Planning Division j 1635 Faraday Avenue Carlsbad, CA 92008-7314 j 442-339-2600 www.carlsbadca.gov PRE 2022-0063 (DEV2022-0227) -BEA ID PROPOSED TWO LOT TPM February 15, 2023 Pa e 2 3. Density. The project allows for a density of 4-8 dwelling units per acre. The property is approximately 0.44 acres. Therefore, the density for this project is 1.76-3.52 dwelling units. 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-income households. The formal submittal of the project will need to include documentation regarding any existing "protected units." 5. Plans. a. Show: North arrow, property lines, easements, existing and proposed structures, adjacent structures, streets, existing/proposed street improvements, right-of-way width, lot width/depth, gross/net lot size, dimensioned setbacks and existing/proposed topographical lines (including all side and rear yard slopes). Provide legal description of property and assessor's parcel number. b. Please re-label the existing structures with their intended use. For example, "Existing Single-Family Dwelling Unit to be Demolished." c. Indicate the distance of the proposed and existing residences from proposed property lines. d. Show the setbacks for each of the proposed parcels. The setbacks are as follows: a. Front Yard: 20' b. Side Yard: 10% of the lot width, measured across the front yard setback from property line to property line. The side yard shall not be less than 5' and no greater than 10'. c. Rear Yard: Twice the required side yard. e. In approving a panhandle lot, a determination shall be made on which property lines of the buildable lot is the front, side, and rear for purposes of providing required yards (CMC Section 21.10.100.C). As part of any formal submittal, the tentative parcel map shall include such information. f. Provide a square footage table for the existing and proposed structures. Include the square footage of the existing residence after alterations. g. Please note, although floor plans for proposed structures are not required for minor subdivisions, the maximum lot coverage for each property is 40%. Show all existing PRE 2022-0063 (DEV2022-0227) -BEATTY PROPOSED TWO LOT TPM February 15, 2023 Pa e 3 structures and provide calculations to show how each proposed lot will comply with this requirement for any existing structures to remain. Any structures proposed at a future date will be required to comply with the maximum lot coverage. h. Pursuant to CM section 20.16.010, the minimum lot size for each of each of the proposed lots is 7,500 square feet. Provide the square footage of each lot to show compliance. Please see planning comment 7a below for additional size requirements for the panhandle lot (Parcel 1), i. Pursuant to CMC section 21.10.100, Parcel 2 is required to have a minimum lot width of 60 feet. Please provide property dimensions to show compliance. j. Pursuant to CMC section 21.10.100, Parcel 1 is required to have a minimum lot width of 75 feet, however if the area of the buildable portion of the lot is approved below 10,000 square feet (see comment 7a below) the lot width can be reduced to 60 feet. k. Please be advised pursuant to CMC section 21.44.020 Table A, one family dwellings require two parking spaces, provided as either a two-car garage (minimum interior . dimension of 20' x 20'} or two separate one-car garages (minimum interior dimension of 12' X 20'). I. Please note, a parking space is not required for the proposed AD Us as the property is located within one-half mile from public transit (bus stop). 6. Housing Opportunity & More Efficiency (HOME) Act (SB-9). To qualify for an Urban Lot split under CA Senate Bill 9 (SB-9) the project must meet the following requirements: a. The property is located within the R-A, R-E or, R-1 Zones as reflected in the city's Zoning Map. The property is zoned R-1, therefore it meets this requirement. b. The property is located within an urbanized area or urban cluster pursuant to the US Census Bureau. According to the census map, the entire City of Carlsbad is considered an urbanized area/urban cluster, therefore this requirement is met. c. The property is not located within any of the following (See Gov. Code §65913.4(a)(6)(B) through (H) for additional guidance): i. Agricultural Farmland -prime/statewide significance/zoned for agriculture by ballot measure. ii. Agricultural Farmland -prime/statewide significance/zoned for agriculture by ballot measure. iii. Hazardous waste site -unless cleared by DTSC/applicable agency. iv. Delineated earthquake fault zone -unless the development is in compliance with applicable seismic protection building code standards. PRE 2022-0063 (DEV2022-0227) -BEATTY PROPOSED TWO LOT TPM February 15, 2023 Pa e 4 v. Within a 100-year floodplain/regulatory floodway (unless compliant with qualifying exceptions). The project is not located within any of the areas/zones listed above. d. The property is not within a natural community conservation plan, habitat conservation plan, conservation easement for protected habitat/species, or wetlands (See Gov. Code §65913.4(a)(6)(C), (1), (J), and (K) for additional guidance). e. ·Urban lot splits are prohibited for projects that would require the 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. 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. A parcel or parcels 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. iv. Housing that has been occupied by a tenant in the last three years. The project proposes the demolition of an existing single-family dwelling and therefore may not qualify for an Urban Lot Split under SB-9. If a formal submittal of the application is received, it must include documentation demonstrating that any demolition or alteration of existing housing on the project site does not involve one of the above- mentioned types of housing. f. The two proposed lots must be approximately equal in size, no smaller than 40% of the size of the existing lot, and at least 1,200 square feet. On the plans, provide the proposed square footage of each of the proposed parcels (parcel 1 and parcel 2), and provide a calculation to show that each lot is not smaller than 40% of the size of the existing lot. g. Please be aware that as part of a formal submittal for an Urban Lot Split the following will be required: i. A restriction shall be recorded against the properties as a condition of approval prohibiting the use of all units from being used as short-term vacation rentals; the units must be rented for a term longer than 30 days. ii. 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 (exceptions provided for community land trusts PRE 2022-0063 (DEV2022-0227) -BEA ID PROPOSED TWO LOT TPM February 15, 2023 Pa e 5 and qualified nonprofit corporations. See Gov. Code§ 66411.7(g) for additional guidance.) iii. A restriction shall be recorded against the property prohibiting future Urban Lot Splits. h. Please see the ss~g eligibility checklist at the following link. https://www.carlsbadca.gov/home/showpublisheddocument/8769/637907192228729 987 i. The requirements of SB-9 are summarized in the following information bulletin prepared by the City of Carlsbad: https:ljwww.carlsbadca.gov/home/showpublisheddocument/8771/637774951657370 000 j. For additional information on CA Senate Bill 9 (SB-9), added Govt. Code §65852.21 and §66411.7 see the following link: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill id=202120220SB9 7. Panhandle Lot. a. Pursuant to CMC section 21.10.lOO(D)(l), the area of the buildable portion of the panhandle lot shall be a minimum ten thousand square feet or the minimum required by the zone whichever is greater. In zone districts permitting less than ten thousand square-foot lots, the buildable portion of the lot may be less than ten thousand square feet provided the official or decision-making body with authority to otherwise approve the subdivision finds from evidence submitted on a site plan that all requirements of this section will be met; however, in no case shall the buildable portion of the lot be less than eight thousand square feet in area. If a site plan for a subdivision with panhandle lots with a buildable portion of less than ten thousand square feet is approved, development within such subdivision shall conform to the plan as approved. Please provide a calculation of the buildable portion of the panhandle lot to show the lot is a minimum of 10,000 square feet or provide a site plan proposing a buildable portion of the lot under 10,000 square feet. The buildable portion of a lot is defined as the entire lot exclusive of any portion of the lot less than 35 feet in width that is used for access to the lot b. Pursuant to CMC 21.10.100(0)4, the minimum width for the access portion of the panhandle lot (frontage on dedicated public street) shall be twenty feet. c. Pursuant to CMC section 21.10.lOO(B), panhandle lots may be approved for a subdivision if it is determined that the property cannot be served adequately from a public street PRE 2022-0063 (DEV2022-0227) -BEAffi PROPOSED TWO LOT TPM February 15, 2023 Pa e 6 without panhandle lots due to unfavorable conditions resulting from unusual topography, surrounding land development, or lot configuration and the subdivision will not preclude or adversely affect the ability to provide full public street access to other properties within the same block of the subject property. It has been determined that due to the existing development as well as the lot configuration a panhandle lot design is appropriate for this project. In addition, the creation of a panhandle lot will not affect public street access for other properties within the same block of the subject property. d. An improved driveway shall be provided within the access portion of the lot from the street to the parking area on the buildable lot at least 14 feet wide. The driveway shall be constructed to accommodate public service vehicles with a minimum of two-inch thick asphalt concrete paving on proper base with rolled edges. e. Drainage from the lot shall be channeled down the private access to a public street or special drainage means must be provided to the satisfaction of the city engineer. f. Each panhandle lot shall have three non-tandem parking spaces with an approach not less than twenty-four feet in length with proper turnaround space to permit complete turnaround for forward access to the street. This can be provided as two garage spaces and one additional non-tandem space to meet the requirements of CMC section 21.44.020, Table A as listed above in comment 5(k) above. Please show the parking spaces on the plans. g. Please be advised, structures permitted in the access portion of the panhandle lot shall be limited to mailboxes, fences, trash enclosures, landscape containers and nameplates. Except for mailboxes, the structures shall not be greater than 42 inches in height if located within 20 feet of the street property line or greater than six feet in height beyond this point. h. The property owner of such a lot shall agree to hold the city or any other public service agency harmless from liability for any damage to the driveway when being used to perform a public service. 8. Historical Analysis. Building records indicate that the existing single-family residences on the property were constructed in 1935 and 1948. Therefore, the structures may qualify as historic resources. Please provide a historical analysis completed by a qualified historian. The report should analyze the historical significance of the dwellings that are proposed to be demolished and renovated 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 9. 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 PRE 2022-0063 (DEV2022-0227) -BEATTY PROPOSED TWO LOT TPM February 15, 2023 Pa e 7 10. inclusionary units as part of the development project, applicants proposing 6 or less units may instead pay a few. The current inclusionary housing fee for a new single-family detached home is $8,529.00. This is the current rate at the time of the date of this letter. Please check the city's Master Fee Schedule · for the most current rates. 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:ljwww.carlsbadca.gov/home/showpublisheddocument/9634/637897580094270000 Applicant Specific Questions. a. The current fee for a Minor Subdivision as of the date of this letter is $4,939.00 plus the cost of postage stamps required for public noticing. Additional fees may be required if it is determined that the project doE!s not qualify for an exemption to the California Environmental Quality Act (CEQA). Please see the Master Fee Schedule for a list of current fees: https://www.carlsbadca.gov/home/showpublisheddocument/10520/63808339701440 0000 b. Pursuant to the city's Permit and Service Delivery Guide, a Minor Subdivision is a Administrative Discretionary Permit (Category 5). Processing time for Category 5 projects is 9 to 14 months. c. Please note, the property is zoned R-1, which allows for one one-family dwelling unit. As it exists, the second detached one-family dwelling unit on the property is currently considered legal nonconforming, as the dwelling units were built before the property was designated R-1. If a Minor Subdivision is approved, each lot can have up to one single family residence, and potentially one attached or detached accessory dwelling unit (ADU) as well as one junior accessory dwelling unit (JADU). 11. Climate Action Plan (CAP). 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 CAP 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 PRE 2022-0063 (DEV2022-0227) -BEATTY PROPOSED TWO LOT TPM February 15, 2023 Pa e 8 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:ljwww.qcode.us/codes/carlsbad/view.php?topic=18&frames=on To the extent that new GHG re·duction 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. 12. Title Report. Please provide a title report for the project site. The title report must be dated within the last 6 months. 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 comments: Prior to formal application submittal the following items must be adequately resolved/addressed: 1. Depending on the CEQA determination, which is determined after the application for discretionary permits is submitted, a Vehicle Miles Traveled (VMT) analysis may be required per the Vehicles Miles Traveled Analysis Guidelines available at https://www .ca rlsbadca .gov /home/showdocument?id=312. 2. Complete a Stormwater Standards Question·naire 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. 3. If this project is a Priority Development Project (PDP), all impervious surfaces being created or replaced (onsite and offsite) shall be included for treatment. The post construction stormwater treatment BMPs shall be designed per the City of Carlsbad BMP Manual and shown on a conceptual grading plan and drainage plan with the discretionary application. Prepare and submit a Storm Water Quality Management Plan with the discretionary application. This project is exempt from the hydromodification criteria based on Hydromodification Exemption Analyses for Select Carlsbad Watersheds by Wayne Chang dated September 17, 2015. PRE 2022-0063 (DEV2022-0227) -BEA ID PROPOSED TWO LOT TPM February 15, 2023 Pa e 9 If 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. 4. Provide a Preliminary Title Report (current within the last six (6) months). 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. 5. 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 hydro logic calculations before and after development for each drainage basin. 6. A preliminary geotechnical report is required to evaluate the feasibility of the project. 7. Per CMC15.16.060 this project will require a grading permit and grading plan. 8. 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 Engineering Standards Volume 1, Chapter 2. 9. Delineate and annotate the limits of grading, including remedial grading on the grading and drainage plan. 10. 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 sufficiently to show the adjacent property. I 11. On the site plan, show and identify all existing surface improvements screened back (gutter, drains, walls, fences, edge of pavement, manholes, inlets, street lights, adjacent driveways, vaults, transformers, etc.) at the project site, project frontage and within 25 feet of the boundary. 12. Indicate the earthwork quantities (cut, fill, import, export, remedial) proposed for the project in cubic yards. 13. Provide spot elevations at the corners of each pad in the proposed condition, including the proposed pad and finish floor elevation. 14. Provide the method of draining each lot, unless otherwise specified by a geotechnical engineer, the method of drainage should comply with California Building Code (latest version) section 1804.4. 15. Delineate all retaining walls that will be utilized on the project site and show top of wall and bottom of wall elevations, including a spot elevation at high points and low points. Indicate maximum height of retaining wall. PRE 2022-0063 (DEV2022-0227) -BEATTY PROPOSED TWO LOT TPM February 15, 2023 Pa e 10 16. Delineate location of all existing and proposed buildings and permanent structures onsite and within 25 feet of the site. 17. Show existing boundary and proposed parcel line bearing and distance. 18. This project is proposing a subdivision to create 2 lots/parcels. A tentative parcel map is required for the discretionary permit. Show proposed parcel areas and label parcel 1 and parcel 2. 19. Provide setback dimensions for all proposed structures to all property lines for front, rear and side yard and between buildings and structures. 20. Provide typical street cross section for Pine Avenue. 21. Delineate and annotate the width of all existing and proposed driveways. 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 utilities and callout size for: water, sewer, storm drain, underground dry utilities, overhead lines, in Pine Avenue and existing laterals affecting the property. 24. Show all existing fire hydrants on Pine Avenue and dimension to the project site. Fire hydrants servicing single-family residential projects should be installed at no more than 500-foot intervals. For installation requirements on public roadways, contact Carlsbad Fire Department. 25. All transformers and electrical facilities solely serving this project site shall be located on site and outside of the public right-of-way, show and call out on the project site plan. 26. Show proposed 1" water service, meter and backflow for the proposed parcel. Ensure that existing water service can meet fire and plumbing needs of both proposed residence and existing ADU. At a minimum a backflow preventer is required for the existing service and possibly the removal and replacement of the existing water service and meter. 27. Show the proposed 4" sewer lateral for the proposed parcel. 28. Provide multiple cross-sections of the site to demonstrate differences in grade, including adjacent properties, show existing ground, fences and existing adjacent structures. Also show proposed improvements and any remedial excavation required to construct. 29. Pine Avenue is an alternative street design, a Neighborhood Improvement Agreement will be required. 30. 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. PRE 2022-0063 (DEV2022-0227) -BEATTY PROPOSED TWO LOT TPM February 15, 2023 Pa e 11 1. Due to the construction of a new primary structure and the conversion of the existing structure · to an ADU, all structures will need NFPA 13D fire sprinklers installed. Building: The Building Division has no comments at this time regarding this latest submittal for conceptual plan review. The following comments are provided courtesy of the Building Division and will need to be clearly detailed in your final design prior to submitting for building permit construction plan review. The Building Division will not need to see these preliminary plans again: Carlsbad requirements: CLIMATE ZONE 7 SEISMIC (R=6.5) = .12 W; SOC= D; SOS~ .75, ~l.00; D1/D2 RAINFALL ("/hr.): 3.7" WIND VELOCITY: 96mph 1. 2019 California codes are adopted until 12/31/2022. Permit applications filed on or after January 1, 2023, will be subject to the 2022 California Codes. 2. If there is an existing primary dwelling, the total floor area of an attached ADU shall not exceed 50% of the existing primary dwelling. 3. A soils report is required for new construction. Prepare the report and include recommendations into the foundation design. 4. A boundary certification is required for new structures built 5 feet or closer to a side or rear yard property line. 5. All Energy documents are required to be imprinted onto the plans. 6. Sewer design with fixture unit counts for entire sewer line, including the new house if the ADU ties into the existing sewer line prior to the sewer main connection. (Four water closets allowed on a vertical pipe or stack and three water closets allowed on a horizontal branch or drain) 7. Electrical load calculations and single line diagram for entire electrical design, including the existing loads and new ADU loads. 8. Carlsbad Climate Action Plan (CAP) sections 1A and 4A are triggered for this project alteration to ADU and sections 2A, 3A and 4A for the new primary dwelling. CAP specific plan details to be coordinated with the CFl-R energy documents. 9. The Carlsbad form B-55 will be required to be imprinted onto the plans in order to be approved for a permit. PRE 2022-0063 (DEV2022-0227) -BEA TTY PROPOSED TWO LOT TPM February 15, 2023 Pa e 12 10. Single line diagram for proposed gas fixtures including the new house fixtures. 11. Separate HVAC will be required for the ADU: a. Each dwelling unit shall be provided with heating facilities capable of maintaining a 68- degree room temperature. b. Return air from one dwelling unit shall not discharge into another dwelling unit. CMC311.4. c. Each dwelling unit controlled by its own thermostat. CEC 120,2(a). If you would like to schedule a meeting to discuss this letter with the commenting departments, please contact Lauren Yzaguirre at the number below. You may also contact each department individually as follows: • Planning Division: Lauren Yzaguirre, Associate Planner, at (442) 339-2634 • Land Development Engineering: Nichole Fine, Project Engineer, at (442) 339-2744 • Building Division: Jason Pasiut, Building Official, at (442) 339-2788 Sincerely, ~~ ERIC LARDY, AICP City Planner Attachments: A-Land Development Engineering Redlines EL:LY:JC c: Nichole Fine, Project Engineer Randy Metz, Fire Prevention Jason Pasiut, Building Division File Copy Data Entry/Laserfiche