HomeMy WebLinkAboutPRE 2023-0017; NOVAK PINE AVE PROPERTY; Admin Decision LetterJune 22, 2023
Douglas Novak
8030 Sitio Caucho
Carlsbad, CA 92009
SUBJECT: PRE 2023-0017 (DEV2023-0075)-NOVAK PINE AVE PROPERTY
APN 205-020-10-00
CCityof
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. The project is
proposed at 1328 Pine Avenue. The project site, an approximately 0.44-acre (19,247-square-foot) lot, is
currently developed with a single-family residence, a detached two-car garage with secondary dwelling
unit above the garage. The structures are proposed to be retained on one of the two lots, with some
modification to the deck and stairs that access the secondary dwelling unit. The division of the lot would
create a new flag lot for future development, accessed by a 20-foot-wide, 2,180 square foot, access
easement. The front lot, including the access easement, would be 11,248 square feet, and the rear lot
would be 8,200 square feet.
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: R-4, Residential (0-4 dwelling units per acre)
b. Zoning: One-Family Residential (R-1)
2. The project requires the following permits:
a. Minor Subdivision (MS): A Minor Subdivision {Tentative Parcel Map) is required to subdivide the
property.
b. Parcel Map: After the Minor Subdivision is approved an application to record the parcel map will
be required. Grading and other associated permits will also likely be required.
Community Development Department
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov
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3. SB-9, Urban Lot Split:
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 requirements of SB-9 are summarized in the following information bulletin prepared by the
City of Carlsbad:
https://www.carlsbadca.gov/home/showpublisheddocument/8771/637774951657370000
An initial assessment of the property indicates that the property does meet all criteria for an
Urban Lot Split. Additional requirements, such as owner-occupancy of the property, will need to
be verified or agreed to by the property owner. Please see the SB-9 checklist, a link to the
checklist is provided in the document linked above.
As specified in SB-9 information bulletin linked'above, approval of the Urban Lot Split will require
certain agreements and restrictions. These include:
• A restriction shall be recorded prohibiting the use of the units from being used as short-
term vacation rentals; the units must be rented for a term longer than 30 days.
• 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.
• A restriction shall be recorded against the property prohibiting future Urban Lot Splits.
• A restriction shall be recorded that uses allowed on a lot created by SB-9 shall be limited
to residential uses.
4. Existing Second Dwelling Unit: The existing second dwelling unit above the detached garage was
approved on January 7, 1998 with specific conditions placed on the property and the unit. Those
conditions include:
a. The property and residence must not contain a second residential dwelling unit unless it is in
compliance with the second dwelling unit administrative permit provisions of the Zoning
Ordinance of the City of Carlsbad.
b. The property owner(s) shall reside in either the main dwelling unit or second dwelling unit.
"Owner shall include a lessee if the leasehold includes both the main dwelling unit and the
second dwelling unit.
c. The second dwelling unit may only be rented and shall not be sold separately from the main
dwelling unit, unless the lot on which such units are located is subdivided.
d. The property owner(s) agree to rent the second dwelling unit at a monthly rental rate which shall
not exceed an amount equal to 30% of the gross monthly income of a low-income household,
adjusted for household size, at 80% of the San Diego County median income.
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While some of these conditions are dated (i.e., the second dwelling unit permit provisions are no
longer stated in the Zoning Ordinance), the conditions do still apply to the property and may limit
the scope of the project under SB-9. For example, Government Code §66411. 7 (a)(3)(D) prohibits the
demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that
restricts rents to levels of affordable to persons and families of moderate, low, or very low income.
5. Subdivision Requirements: In addition to the requirements set by SB-9, the project will also need to
be compliant with the objective standards for panhandle-shaped lots and subdivisions (Sections
20.28 and 21.10 of the Carlsbad Municipal Code (CMC), unless specifically stated otherwise by SB-9
provisions.
One of the objective standards, CMC Section 20.28.020, requires that the lot have a minimum
frontage of 20 feet. The creation of the panhandle lot will need to include this 20-foot-wide frontage
and access. This shall not be achieved through an access easement.
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. Please 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. Please
complete the Standard Project Requirement Checklist, Form E-36, and show all source and site design
BMPs on the conceptual grading and drainage plans. A total of the new and replaced impervious
area must be provided to verify whether the project is a standard requirements project.
3. Please provide a Preliminary Title Report (current within the last six (6) months).
4. Please 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. Per CMC Section 15.16.060 this project will likely require a grading permit and grading plan. Please
provide grading quantities (cut, fill, import, export, remedial) to confirm. Include remedial grading
quantities based on geotechnical engineer's recommendations for excavation and recompaction for
pads. Delineate and annotate the limits of grading.
6. 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.
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7. Please delineate and annotate approximate topographic contours for existing and proposed
condition. Provide 1-foot contours for slopes less than 5%; 2-foot intervals for slopes between 5%
and 10%, and 5-foot intervals for slopes over 10%. Extend contours a minimum 25 feet beyond the
project boundary.
8. On the site plan, please show and identify all existing surface improvements screened back {curb,
gutter, sidewalk, paving, manholes, inlets, street lights, adjacent driveways, vaults, transformers,
etc.) at the project site, project frontage and within 25 feet of the boundary.
9. Please provide spot elevations at the corners of each pad in the proposed condition. Include finish
pad and floor elevations.
10. Please 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. Also, dispersal of any surface drainage flow that crosses adjacent properties will be required
prior to discharge. A non-erosive device may be installed to achieve dispersal of any concentrated
drainage subject to city review and approval. Please include a drainage study with your application
submittal to determine the net increase in flow onto the adjacent properties from a 100-year 6-hour
storm. Retention of the net increase in drainage between the predevelopment and post
development runoff may be required.
11. Please delineate location of all existing and proposed buildings, walls, fences and permanent
structures onsite and within 25 feet of the site.
12. One of the trees along the Pine Avenue frontage are included in the city's street tree inventory.
Please plot the tree{s) fronting the property. Indicate on the site plan that they are to remain or to
be removed. Proposed removal of street trees will require approval per CMC Section 11.12.090.
Coordinate with the parks and recreation department for additional information.
13. Please show existing lot line bearing.
14. This project is proposing a subdivision to create two parcels. A tentative parcel map and subsequent
final parcel map is required. These maps are processed through application with the City of Carlsbad.
Processing time for the parcel map is approximately 4-6 months and the city plan check cost is
$4,356. The tentative parcel map review fee is $4,939. Please consult with the project planner for
processing time for the tentative parcel map. Please note that these fees are subject to change and
scheduled to change on September 1, 2023.
15. Since the project is an SB-9 subdivision, no public street improvements or right-of-way dedications
are required.
16. Please show all existing utilities and callout size for: water, sewer, storm drain, underground dry
utilities, overhead lines, and sewer laterals affecting the property.
17. Per CMC Section 21.10.100, a minimum 14-foot-wide paved driveway must serve the lot. A 20-foot-
wide driveway is proposed which complies with the minimum width, but the driveway is proposed
over Lot 1. The driveway serving Lot 2 must be on Lot 2 per CMC Section 20.28.020 and SB-9
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regulations. Therefore, please adjust the proposed boundary to create a minimum 20-foot-wide
panhandle over the driveway serving Lot 2 extending the panhandle to the Pine Avenue right-of-way.
In addition, panhandles may not serve as access to any lot except the lot of which the panhandle is
a part. Show how a separate driveway access is or will be provided to the non-panhandle lot. When
making these adjustments to the lot boundaries which will impact the lot sizes, be aware that no
new lot can be less than 40% of the existing lot size per SB-9 regulations. Also, be aware that the
existing residence setback from the new property line established for the panhandle will be reduced
and possibly nonconforming with the required setback requirements. Please consult with the project
planner to confirm if this will be an_issue.
18. An 8-inch VCP sewer is located in Pine Avenue per DWG 108-7. A manhole is also located in front of
the property. City records show the manhole to be 9 feet deep with a rim elevation of 124.00 feet
and invert elevation of 115 feet using NGVD29 datum.
19. Please be advised that a more in-depth review of the proposed development will occur with the
minor subdivision permit application when a more complete design of the project is provided.
Building:
The Building Department has reviewed this project and has no comments at this time.
Carlsbad Fire Department:
1. Due to depth of property, driveway will be used as part of the fire department access system.
Because the plans indicate that the driveway will not serve more than two units, a 20-foot-wide
access road is acceptable, provided that the driveway does not exceed 150 feet in length.
2. NFPA 13D fire sprinklers will be required in all structures.
RESPONSE TO QUESTIONS SUBMITTED:
1. Basic Lot Configuration.
A. Jogged Lot Line: In order to maintain the existing two-level garage/ADU on the property, we wish
to jog the interior lot line (see attached diagram). We find no specific code restriction to this
configuration -is that correct?
Correct, the definition and requirements for panhandle or flagged-shaped lots does not
prohibit the configuration shown, where the interior lot line is jogged. Please be aware
that side and rear setback requirements of_ for SB-9 projects are less strict than that
of CMC Section_. SB-9 'provisions provide additional flexibility in where the lot line can
be created and still be compliant with setback requirements.
B. Grandfather Existing Buildings: We hope to grandfather the existing two structures on the lot as-
is in their current position and without change. In designing our new home in the rear of the
property, do we have to adopt similar basic architectural features as built in the existing homes?
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There is no requirement that the new residence match or be similar to the existing home
or structures.
C. Fencing: Does subdivision of the Jot necessarily require installation of a 6' fence separating the
two portions of the Jot?
There is no requirement that a fence be installed to separate the lots.
D. Setbacks: How do the Jot setbacks work for the rear unit -especially the setbacks on the south
and east sides between the proposed residence and the interior Jot line? What is the side yard
setback for the front unit vs. the rear Jot access easement.
Per Government Code §6582.21 (b)(2)(B), No setback is required for an existing structure,
and a setback of four feet is required from side and rear_ lot lines for any new structures.
Per CMC Section 21.1.060, a front-yard setback of 20 feet will be required on both lots.
CMC Section 20.28.020 requires that the rear lot have a 20-foot street frontage and
access lane. Therefore, the preliminary plans provided, which show a 20-foot-wide
access easement, would not be consistent with the standard. Plans submitted for
subdivision will need to show the access lane as part of Lot 2. Please keep in mind that
no setback is required from existing structures to property lines. However, setbacks less
than four feet from property lines may have fire-safety and building standard
implications.
E. Lot Access: After subdivision, will a physical fence be required at the access driveway to the rear
unit?
There is no requirement that a fence be installed along the new driveway.
F. Fire Department: Will there be any special Fire Department requirements for access to the rear
unit's portion of the lot given the dimensions and configuration of this subdivision?
See Fire Department comment above and please reach out to Randy Metz, Fire Marshal,
for any clarifications.
G. Homeowner's Association: Will the subdivision require any special entitlement restrictions, such
as a homeowner's association?
There is no requirement that a homeowner's association be established.
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2. Building Design:
A. Building Footage: Assuming the building fits within the required setbacks, height, and story
requirements, is there any specific limit to the building envelope footage? Are basements
allowed?
Per CMC Section 20.10.110, Lot coverage with buildings and structures shall not exceed
forty percent of the lot.
Basements are allowed consistent with the Definition of Basement, CMC Section
21.05.045: "Basement" means that portion of a building between floor and ceiling which
is completely or partially below the existing grade or finished grade, whichever is lower,
but so located that the vertical distance from exterior grade to the adjacent interior floor
below is greater than the vertical distance from exterior grade to the adjacent interior
ceiling above. This definition must apply to a minimum of seventy-five percent of the
perimeter of the basement for that portion of a building to qualify as a basement.
B. Garage: May the cars back out down the driveway, or does the design require the ability to turn
our parked car around before exiting the property?
Per CMC Section 21.10.100 (D), Each lot shall have three nontandem 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. The parking and access
arrangement shall be designed to the satisfaction of the city engineer.
While Government Code §6582.21 {c)(l) limits the amount of parking that can be
required to one space, the requirement for length of approach and the proper
turnaround space is still applicable to the project.
C. Building Style: Does the proposed new building need to match the existing buildings on the site
in general terms, including: roof pitch, materials, etc.?
There is no requirement that the new residence match or be similar to the existing home
or structures.
D. Property Line Fencing: After subdivision, do we need to replace the existing wood fence with any
special type of fence at the perimeter property-line?
There is no requirement that a fence be installed.
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3. Engineering:
A. Lot Grades: The prevailing grades at the existing lot trend to the north. May we disburse
stormwater via non-erosive devices before the water is released to the property on the north or
side lots?
Please see Land Development Engineering comments 1 and 2 above.
B. Septic System: We assume that Pine Avenue includes a buried sewer line. Does your office have
information regarding the approximate depth of the existing sewer invert at the street?
Please see Land Development Engineering comment 18 above.
C. Street Right of Way: Will the subdivision of the property trigger any improvements in the street
Right of Way?
Please see Land Development Engineering comment 15 above
D. Visitor Parking: Do we need to plan for a minimum dedicated parking area for onsite visitor
parking over and above parking required for the single-family residence?
Government Code §6582.21 (c)(l) limits the amount of parking that can be required to
one space.
4. Subdivision Process:
A. City, County, State: Is the subdivision approval process handled at the City and County level only?
Or do we need to anticipate any state real estate processing? What are the fees for City processing
of this kind of lot split?
The processing of the subdivision will include, at the least, a Minor Subdivision
Application, and a subsequent Parcel Map approval. Final Map approval will also likely
require a concurrent Grading Permit approval. These applications will be handled by the
City of Carlsbad. Please review our fee schedule for current fees:
https://www.carlsbadca.gov/home/showpublisheddocument/10520/63819403153463
0000
Please be aware that a new fee schedule has been approved, with notable increases in
many fees going into effect on September 1, 2023.
B. Timeframe: Approximately how long does a typical subdivision for this kind of property take to
process for approval at the City and/or County level?
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Time frames for review and approval depends greatly on the quality and accuracy of the
documents submitted, and how quickly the applicant can respond to correction
comments provided. A Minor Subdivision typically takes 6 to 8 months to approve, with
the subsequent Parcel Map and associated permits typically taking 4 to 6 months.
C. Property Survey: Does the City a have specific list of requirements for subdivision submitta/s, such
as a survey/topography by a registered Civil Engineer, inclusion of portions beyond the property-
line, such as street utilities and existing easements?
Please refer to the Community Development webpage for specific application types and
submittal requirements for Tentative Parcel Map and Parcel Map at the following link:
https://www.carlsbadca.gov/departments/community-development/permits-
applications-forms
D. Neighborhood: Are there any special entitlement or planning designations for this particular
street or neighborhood? Are there any upcoming planning department actions regarding this
street or neighborhood?
The neighborhood is not subject to special zoning, such as overlay zones, and is not
located within a master plan or specific plan area that would have additional specific
requirements. There are no pending actions regarding this neighborhood that would
affect the project.
If you would like to schedule a meeting to discuss this letter with the commenting departments, please
contact Kyle Van Leeuwen at the number below. You may also contact each department individually as
follows:
• Planning Division: Kyle Van Leeuwen, Associate Planner, at (442) 339-2611
• Land Development Engineering: David Rick, Project Engineer, at (442) 339-2744
• Building Division: Jason Pasiut, Building Official, at (442) 339-2788
• Fire and Life Safety Division: Randy Metz, Fire Inspections, at (442) 339-2661
Sincerely,
ERIC LARDY, AICP
City Planner
EL:KVL:mh
c: David Rick, Project Engineer
Randy Metz, Fire Prevention