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HomeMy WebLinkAboutPRE 2023-0041; 1510 GRADY PLACE; Admin Decision LetterSeptember 20, 2023 Bryn Evans 1510 Grady Place Carlsbad, CA 92008 SUBJECT: PRE 2023-0041 (DEV2023-0102) -1510 GRADY PLACE APN: 207-021-55-00 ("Cityof Carlsbad 8FILE COPY Thank you for submitting a preliminary review to construct an approximately 300-square-foot secondary parking pad and 6.5-foot-tall cinderblock retaining wall in the front yard setback of a property developed with a single-family dwelling with an attached two-car garage at 1510 Grady Place. The existing home and garage are located at the top of a manufactured slope and to the rear of the property. The project includes a request for preliminary staff input on whether a minor variance can be supported pursuant to Carlsbad Municipal Code (CMC) section 21.46.130, which specifies that no wall over forty-two inches shall be permitted in any required front yard setback. Access to the existing single-family home is currently provided by a shared driveway with the property at 1520 Grady Place, which is also located at the top of the slope. 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. b. General Plan: Residential 0-4 du/ac (R-4) Zoning: One-Family Residential (R-1) 2. The project requires the following permits: a. Minor Variance -The project requires a minor variance from CMC section 21.46.130 to construct a retaining wall greater than forty-two inches in height in the front yard setback. A minor variance is an administrative decision subject to the approval of the City Planner. However, please see Comment No. 5 for additional information. b. Minor Coastal Development Permit -The construction of the retaining wall and associated grading within the coastal zone requires a Minor Coastal Development Permit Community Development Department Planning Division J 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov PRE 2023-0041 (DEV2023-0102} -1510 GRADY PLACE September 19, 2023 Page 2 (CDP) as detailed in CMC section 21.04.107. This rule is in place due to various factors, including environmental effects, visual appeal, erosion management, public accessibility, and the intricacies of grading activities. 3. Plans. a. Show: North arrow, property lines, easements, existing and proposed structures, streets, existing street improvements, right-of-way width, dimensioned setbacks and existing topographical lines (including all side and rear yard slopes). Provide legal description of property and assessor's parcel number. b. Provide a scope of work on the plot plan. The scope should include dimensions for the proposed parking pad and retaining wall. c. Show the required setbacks and provide a calculation on the plans for the front yard area. The front yard area is the front yard setback (20') times the lot width 57.8'. d. Provide a calculation of the current paved driveway area in the front yard setback and indicate the existing percentage of paved driveway area. e. Label landscaped areas on plans and indicate the percentage of the from yard area which will remain as landscape. f. Show and label the proposed retaining wall, including dimensions within the front yard setback and outside of the front yard setback. Please note, fences and walls within the front yard setback cannot exceed 42-inches. Indicate the retaining wall material. Please be advised that cinderblock is not an acceptable material and that the proposed material must be of a decorative finish like stucco, shotcrete, or split face. 4. Setbacks. Pursuant to CMC section 21.10 the setbacks for the R-1 zone are as follows a. Front yard: 20' from the property line. b. Side yard: 10% of the lot width, not to be less than 5' or greater than 10'. The lot is approximately 57.8 feet wide, therefore the side yard setback is 5.8'. c. Rear yard: twice the required side yard. Because the side yard is 5.8' the rear yard is 11.6'. 5. Minor Variance. a. Pursuant to CMC section 21.50.050, the decision-making authority (City Planner) can approve or conditionally approve a minor variance if the following findings are made: i. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification; PRE 2023-0041 (DEV2023-0102}-1510 GRADY PLACE September 19, 2023 Page 3 ii. That the minor variance or variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding; iii. That the minor variance or variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property; iv. That the minor variance or variance is consistent with the general purpose and intent of the general plan, this title and any applicable specific or master plans; v. In addition, in the coastal zone, that the minor variance or variance is consistent with the general purpose and intent of the certified local coastal program and does not reduce or in any manner adversely affect the requirements for protection of coastal resources. b. Staff is preliminarily unsupportive of the request for a minor variance for the following reasons: i. Absence of sufficient justification to satisfy finding number S(a)(i). According to this finding, a property's eligibility for a minor variance hinges on its confinement by distinctive circumstances, encompassing factors such as lot size, shape, topography, location, or surroundings. To meet this criterion, these circumstances must arise from factors applicable to the subject lot, not as a result of the buildings placement on-site. The current limitation to available parking spaces on-site is not imposed by factors such as lot size, shape, topography, location, or surroundings, but rather a consequence of the constructed environment. The existing built environment does not qualify as a distinctive property-related circumstance as outlined by the applicable criteria. More specifically, there is an existing two-car garage onsite with a parking pad in front of the garage that can be utilized for parking. ii. Absence of sufficient justification to satisfy finding number S(a)(ii). The central point of concern is to ensure that the granting of such a variance does not result in conferring special privileges that are incongruous with the established limitations applicable to other properties within the same vicinity and zone as the subject property. In this context, parking throughout the surrounding neighborhood is provided by a sole driveway per residence with access to covered parking spaces. There have been no authorizations for secondary parking pads or retaining walls that exceed the height limit in the front yard setback within the vicinity and same zone as the subject property. These observations underscore the consistent commitment to ensuring that the grant of a variance does not result in conferring special privileges that diverge from the established limitations. PRE 2023-0041 (DEV2023-0102) -1510 GRADY PLACE September 19, 2023 Page4 c. Staff advises maintaining the current parking configuration and refraining from any expansion of the driveway to include a secondary parking pad with a retaining wall exceeding the allowable height in the front yard setback. The current property layout supports parking accessibility at the rear of the property, supplemented by the option of utilizing garaged parking. It is also advised to ensure a minimum drive aisle width that allows unobstructed access to parking spaces securing smooth movement and eliminating the need for vehicles to maneuver while entering or exiting parking spaces. Per CMC section 21.44.050, Table B, the established minimum width of the drive aisle is 20 feet. By adhering to the current parking arrangement, the property would eliminate the need to request a minor variance. 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: ' Land Development Engineering Division staff has completed a preliminary review of the above- referenced project and the following is noted: 1. The proposed encroachment within a 15-foot public easement for sidewalk, street trees, and utilities dedicated per Map 7737 would not be supported. 2. The proposed work requires off site grading. No grading for private improvements shall occur unless a letter of permission to grade from the affected property is obtained. 3. Relocation of utility facilities requires approval from the utility purveyor (AT&T, SDG&E, Charter /Spectrum). Building: The Building Department has reviewed the plans and has no comments. The Fire Department has reviewed the plans and has no comments. If you would like to schedule a meeting to discuss this letter with the commenting departments, please contact Alex Alegre at the number below. You may also contact each department individually as follows: • Planning Division: Alex Alegre, Assistant Planner, at (442) 339-5268 • Land Development Engineering: Linda Ontiveros, Project Engineer, at (442) 339-2773 • Fire Department: Randy Metz, Fire Marshal, at (442) 339-2661 • Building Department: Jason Pasiut, Building Official, at (442) 339-2788 PRE 2023-0041 (DEV2023-0102} -1510 GRADY PLACE September 19, 2023 Page 5 Sincerely, ERIC LARDY, AICP City Planner EL:M:ES c: Eric Lardy, City Planner Linda Ontiveros, Project Engineer File Copy Data Entry/Laserfiche