HomeMy WebLinkAboutPRE 2023-0004; OGARA LOT SPLIT; Admin Decision Letter,
March 14, 2023
Michael and Vicki Ogara
P.O. Box 1633
Carlsbad, CA 92018-1633
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BFILE COPY
SUBJECT: PRE 2023-0004 {DEV2023-0029) -OGARA LOT SPLIT
APN: 156-212-17-00
{'Cityof
Carlsbad
Thank you for submitting a preliminary review for an urban lot split, pursuant to CA Senate Bill 9 (SB-9),
and commonly referred to as the Housing Opportunity & More Efficiency (HOME) Act. No additional
structures are proposed with this lot split. The project is proposed at 3204 and 3206 James Drive. The
project site, an approximately 0.23-acre (10,018-square-foot) panhandle lot, is currently developed with
a 1,732-square-foot single-family residence, a 713-square-foot attached garage and a 406-square-foot
detached accessory dwelling unit (ADU). The structures are proposed to be retained in conjunction with
the lot-split, with one residence on each lot. Although no improvements are proposed to the detached
accessory dwelling unit, it will be converted to a single-family dwelling as part of this request. The
southwest lot is proposed as a panhandle lot and will take access from James Drive and the northeast lot
will take access from a proposed access easement that runs through the southwest lot and the
panhandle, connecting to James Drive.
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:
l. General Plan and zoning designations for the property are as follows:
a. General Plan: Residential 0-4 dwelling units per acre (R-4)
b. Zoning: One-Family Residential (R-1)
2. The project requires the following permits:
a. Minor Subdivision {MS): A MS would be required to subdivide the property; however,
please see section 4 below regarding eligibility to subdivide.
Community Development Department
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov
PRE 2023-0004 (DEV2023-0029) -OGARA LOT SPLIT
March 14, 2023 ·, r -;
Page 2
3. General.
a. The proposed project is subject to CA Senate Bill 9 (SB-9), added Govt. Code §65852.21
and §66411.7:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill id=202120220SB9
The req1,.1irements of SB-9 are summarized in the following information bulletin prepared
by the City of Carlsbad:
https://www.carlsbadca.gov/home/showpublisheddocument/8771/637774951657370
000
b. The project does not qualify for CA Senate Bill 9 (SB-9) due to the following reasons:
i. Pursuant -to Govt. Code §65852.21 and §66411.7, 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 SB-
9. Pursuant to Carlsbad Municipal Code (CMC) section 20.16.0l0(D) and
21.10.070, the required minimum lot depth is 90 feet and the required lot width
60 feet. The current lot dimensions, excluding the panhandle portion is
approximately 80 feet by 128 feet, therefore the proposed lots will not meet the
minimum 90-foot depth requirement.
ii. Pursuant to CMC 20.28.020, panhandles may not serve as access to any lot
except the lot of which the panhandle is a part; therefore, the proposed lot for
3206James Drive cannot take access from the panhandle. This proposed lot does
not front a public road, nor does there appear to be alternative options for
access opportunities.
iii. Pursuant to SB-9, 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.
The existing lot size is ove~ 10,000 square feet; however, the proposed east lot
may not meet the requirement to be no smaller th.an 40% of the size of the
existing lot ..
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:
1. Per CMC 20.28.020 panhandles may not serve as access to any lot except the lot of which the
panhandle is a part. Since the remaining parcel is not a panhandle lot, this design does not meet
this criterion.
PRE 2023-0004 (DEV2023-0029) -OGARA LOT SPLIT
March 14, 2023
Page 3
Building:
The Building Department has reviewed this project and has no comments at this time.
Carlsbad Fire Department:
1. Fire Department access requires a 24-foot-wide fire department access road in order to approve
the lot split. The applicant states current access is only 20 feet. Please show how the project
complies with this requirement.
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
EL:LY:mh
c: Nichole Fine, Project Engineer
Randy Metz, Fire.Prevention
Jason Pasiut, Building Division
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