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HomeMy WebLinkAboutPRE 2023-0018; SANDY URBAN LOT SPLIT; Admin Decision LetterJuly 10, 2023 Joe Sandy 3081 Highland Drive Carlsbad, CA 92008-1914 SUBJECT: PRE 2023-0018 (DEV2023-0076) -SANDY URBAN LOT SPLIT APN: 156-190-18-00 {'Cityof Carlsbad BFILE COPY 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. Included with the urban lot split is the proposed development of a 1,500-square-foot residential unit. The project is proposed at 3081 Highland Dive. The project site, an approximately 0.72-acre (3,569-square-foot) lot, is currently developed with a 3,440-square-foot single-family residence, two detached garages, a detached dwelling, and a pool. The structures are proposed to be retained in conjunction with the lot-split, with the two existing residences on one lot (lot 2) and the proposed 1,500-square-foot single family residence on the other lot (lot 1). Three options have been provided. Option 1 would result in a 7,950-square-foot lot (lot 1) and a 23,619-square-foot lot (lot 2). With this option, each residence would ·have access via separate private driveways off Highland Drive. Option 2 result in a 10,063-square-foot lot (lot 1) and a 21,506-square-foot lot (lot 2). With this option, both lots would take access from an access easement on lot 2. Option 3 would result in a 12,342-square-foot lot (lot 1) and a 19,227-square-foot lot (lot 2). With this option, both lots would take access from an access easement on lot 1. 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 0-4 dwelling units per acre (R-4) b. Zoning: One-Family Residential, 10,000 square foot minimum lot size (R-1-10,000) 2. The project as proposed does not meet city requirements. If the project is revised to meet city requirements the following administrative permits are required: Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov PRE 2023-0018 (DEV2023-0076) -SANDY URBAN LOT SPLIT July 10, 2023 Pa e 2 a. Minor Subdivision (MS): A MS would be required to subdivide the property. b. Grading Permit. c. Building Permit. 3. Density. The R-4 General Plan Land Use designation permits a density range of 0-4 dwelling units per acre. The property is approximately 0.72 acres. The proposal to subdivide the lot into two lots results in a density of 2.77 dwelling units per acre. 4. Plans. 5. 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). Prov.ide legal description of property and assessor's parcel number. b. Per Government Code Section 66411.7, the minimum required setback from the side and rear property lines shall be not less than four feet. Show the following setbacks for each of the proposed parcels: i. Front Yard: 20' ii. Side Yard: 4' iii. Rear Yard: 4' c. Provide a square footage table for the existing and proposed structures. d. Please note, although floor plans for proposed structures are not required for minor subdivisions, the maximum lot coverage for each property is 40%. Provide calculations to show how each proposed lot will comply with this requirement for any proposed structures and existing structures to remain. Any structures proposed at a future date will be required to comply with the maximum lot coverage. e. Unless it can be proven that the project site is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code, a minimum of one parking space is required for each lot. Option 2 and 3 provide parking via a garage on each lot. If Option 1 is pursued, please demonstrate compliance with the parking requirements. 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: PRE 2023-0018 (DEV2023-0076) -SANDY URBAN LOT SPLIT July 10, 2023 Pa e 3 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, the proposal is consistent with 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. High or very high fire _hazard severity zone -unless the new development complies with the city adopted fire hazard mitigation measures). 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. 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), (I), (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. PRE 2023-0018 (DEV2023-0076} -SANDY URBAN LOT SPLIT July 10, 2023 Pa e 4 The project does not propose the demolition or alteration of any housing units on site. If the project is revised to include the demolition or alteration of the existing units on site, the formal submittal of the application will need to include documentation demonstrating that any demolition or alteration of existing housing on the project site does not involve one of the abovementioned types of housing. f. The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. Although the single-family-dwelling located at 3081 Highland is listed on a voluntary historic resource inventory established pursuant to City Council Resolution 93-151, the house is not officially designated in the city's local register, nor is it listed on the Office of Historic Preservation website for the state or federal listing. Therefore, the project site complies with this requirement. The project does not impact the single-family- dwelling at 3081 Highland. Any future projects that may impact that dwelling would need to be evaluated under the California Environmental Quality Act guidelines applicable to potentially or listed historic resources. g. 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. Option 1 would result in a 7,950-square-foot lot (lot 1) and a 23,619-square-foot lot (lot 2). Lot 1 is 25% of the original size of the existing lot, therefore, this option does not meet this requirement. Option 2 would result in a 10,063-square-foot lot (lot 1) and a 21,506-square-foot lot (lot 2). Lot 1 is 31% of the original size of the existing lot, therefore this option does not meet this requirement. Option 3 would result in a 12,342-square-foot lot (lot 1) and a 19,227-square-foot lot (lot 2). Lot 1 is 39% of the original size of the existing lot, therefore this option does not meet this requirement. In summary, the proposed options do not comply with the lot size requirements. However, option 3 is the closest to complying with the requirement. Please adjust the location of the proposed lot line to increase the size of lot 1 to at least 12,628 square feet to comply with the requirement. h. Each parcel is required to have dedicated access to a public road of at least 20 feet in width. Please show access for each parcel. If an easement is used to provide access, it must be a minimum of 20 feet wide. In addition, the paved width shall be consistent with any access requirements imposed by the Fire Department. PRE 2023-0018 (DEV2023-0076) -SANDY URBAN LOT SPLIT July 10, 2023 Pa e 5 i. Please riote, the project will be conditioned to record a shared maintenance agreement over the shared driveway/access easement. j. 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 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. iv. A restriction shall be recorded that uses allowed on a lot created by SB-9 shall be limited to residential uses. k. Please see the SB-9 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://www.carlsbadca.gov/home/showpublisheddocument/8771/637774951657370 000 m. For additional information on CA Senate Bill 9 (SB-9), added Govt. Code §65852.21 and §66411.7 see the following link: https:ljleginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill id=2021202205B9 6. 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 inclusionary units as part of the development project, applicants proposing 6 or less units may instead pay a fee. 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. Effective September 1, 2023, new fees will be implemented. Please check the city's Master Fee Schedule for the most current rates. PRE 2023-0018 (DEV2023-0076) -SANDY URBAN LOT SPLIT July 10, 2023 Pa e 6 7. 8. Please see City of Carlsbad Information Bulleting IB-157 for additional information on the lnclusionary Housing Program: https:llwww.carlsbadca.gov/home/showpublisheddocument/9634/637897580094270000 Applicant-Specific Questions. a. Can a parcel created by an urban lot split be under 40% of the original parcel size? Can a Variance be considered? St_aff Response: Pursuant to SB 9, no one parcel can be smaller than 40% of the original parcel size. This is required pursuant to Government Code section 66411.7(a)(l). The requirements of SB-9 must be met to be considered a SB-9 application. A variance would preclude the project from being considered an SB-9 application. The current design options do not comply with the SB-9 eligibility criteria per Government Code Section 66411.7(a)(l). 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 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. 9. 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 PRE 2023-0018 (DEV2023-0076) -SANDY URBAN LOT SPLIT July 10, 2023 Pa e 7 online at the website address shown; select Department Listing; select Planning Home Page. Please review all information carefully before submitting. Land Development Engineering: 1. Label proposed parcels 1 and 2. 2. When subdividing a property per the SB-9 urban lot split, no one parcel can be smaller than 40% of the original parcel size. Increase size of Parcel 1. 3. Each parcel shall provide a minimum of 20-feet of access to the public right-of-way. 4. 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. 5. Based on a preliminary analysis it appears that 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. 6. Provide a Preliminary Title Report (current within the last six (6) months). 7. Annotate and delineate all existing easements and encumbrances listed in the Preliminary Title Report on the site plan. 8. A Preliminary Hydrology Study including map and· calculations is required due to cross lot drainage with adjacent property to the west. Show 100-year storm hydro logic calculations before and after development and evaluate impact on adjacent property. 9. A preliminary geotechnical report is required to evaluate the feasibility of the project and provide recommendations for remedial earthwork to support the raised foundation. Guidelines for preliminary geotechnical studies are available on the City of Carlsbad Engineering website. 10. 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. 11. Provide boundary survey and topography by licensed land surveyor or civil engineer and verify setback dimensions for the existing structures. 12. Delineate and annotate the limits of grading. Include remedial grading quantities on the plan. 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 PRE 2023-0018 (DEV2023-0076) -SANDY URBAN LOT SPLIT July 10, 2023 Page 8 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 {AC berm, paving, manholes, adjacent driveways, walls, etc.) at the project site, project frontage and within 25 feet of the boundary. 15. Indicate the earthwork quantities (cut, fill, import, export, remedial) proposed for the project in cubic yards, this shall include remedial earthwork. Per CMC15.16.060 this project may require a grading permit and grading plan. 16. Provide spot elevations at the corners of the proposed pad. Include finish pad and floor elevations. 17. Provide the method of draining each parcel. Unless otherwise specified by a geotechnical engineer, method of drainage shall comply with California Building Code (latest version) section 1804.4. 18. Drainage flows from east to west, identify how cross-lot drainage will be mitigated, show proposed method of drainage for both parcels to prevent cross-lot drainage. 19. Delineate all retaining walls that will be utilized on the project site and show top of wall and bottom of wall elevations, including at the highest and lowest points. Indicate maximum height of retaining wall measured from bottom of footing to top of wall and maximum height measured from finish surface to top of wall. 20. Delineate location of all existing and proposed buildings, walls, fences and permanent structures onsite and within 25 feet of the site. 21. There are trees along Oak Avenue frontage that are included in the city's street tree inventory. Indicate on the site plan that they are to remain or to be removed. Proposed removal of street trees will require approval per Section 11.12.090 of the Carlsbad Municipal Code. Coordinate with the parks and recreation department for additional information. 22. This project is proposing a subdivision to create 2 parcels. A tentative parcel map is required. 23. Provide typical street cross sections for existing frontage streets. Provide existing right-of-way width and existing improvements and proposed improvements. 24. Delineate and annotate all existing and proposed driveways and driveway widths. Driveway widths cannot exceed 40% of lot frontage per Volume 1, Section 3.15 of engineering standards. 25. Delineate and annotate proposed concrete driveway apron per G-14B from edge of existing pavement, up to right-of-way. PRE 2023-0018 (DEV2023-0076} -SANDY URBAN LOT SPLIT July 10, 2023 Page 9 26. 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. 27. Show all existing utilities and callout size for: water, sewer, underground dry utilities, overhead lines, street lights in Oak Avenue and Highland Drive and laterals affecting the property. 28. Delineate and annotate proposed water service, meter and backflows, and sewer laterals for the new development in compliance with 2022 Carlsbad Engineering Design Standards requirements. The 8" sewer main will need to be extended in Oak Avenue to provide a 4" sewer lateral to service the proposed parcel. 29. Provide a cross-section of the site to demonstrate differences in grade from adjacent properties, existing and proposed grades on-site, fences as well as remedial grading to construct the footing for the raised building. 30. All electric lines servicing the new parcel shall be underground. 31. A 3" AC grind and overlay may be required for Oak Avenue once all proposed utilities are delineated on the site plan. 32. This project may require an erKroachment agreement for existing walls in Oak Avenue, unless existing walls are removed from the public right-of-way. 33. 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.) 34. Address the comments on the attached redlined plan. 35. 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. Building: The Building Department has reviewed this project and has no comments at this time. Carlsbad Fire Department: 1. Fire access is sufficient. This comment is for information only. 2. Fire sprinklers are required for the proposed residence. PRE 2023-0018 (DEV2023-0076) -SANDY URBAN LOT SPLIT July 10, 2023 Page 10 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 File Copy Data Entry/Laserfiche