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Home My WebLink AboutPRE 2023-0045; 5395 EL ARBOL DRIVE SB-9; Admin Decision LetterOctober 12, 2023 Brad Roemer 5395 El Arbol Drive Carlsbad, CA 92008 SUBJECT: PRE 2023-0045 (DEV2023-0111} -5395 EL ARBOL DRIVE SB-9 APN 210-112-08-00 {"'Cityof Carlsbad BFILE COPY Thank you for submitting a preliminary review application for an urban lot split, pursuant to CA Senate Bill 9 (SB-9), commonly referred to as the Housing Opportunity & More Efficiency (HOME) Act. The project is being proposed at 5395 El Arbol Drive, assessor's parcel number (APN) 210-112-08-00. The project site, an approximately 0.23-acre (10,200-square-foot) lot, currently is developed with a 1,492-square-foot single-family residence, an attached garage, and a 504-square-foot detached garage. The subject property is a corner lot with vehicular access provided off both El Arbol Drive and Cerezo Drive. The project proposes a SB-9 urban lot split with a total of three dwelling units across two proposed lots. More specifically, the preliminary review exhibit proposes: • The partial demolition of the existing single-family residence; • Subdivision of the existing lot into two lots; • A new attached garage and addition to the existing residence on Lot 1; • A new single-family residence on Lot 2; • The conversion of the existing detached garage to an accessory dwelling unit (ADU) on Lot 2. 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: General 1. General Plan and zoning designations for the property are as follows: a. General Plan Land Use Designation: R-4, Residential (0-4 dwelling units per acre) b. Zoning: One-Family Residential (R-1). c. The property is in the Coastal Zone. The Coastal Zone land use designation and zoning are the same as the general plan and zoning above. Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442_:339-2600 www.carlsbadca.gov. PRE 2023-0045 (DEV2023-0105) -5395 EL ARBOL DRIVE SB-9 October 12, 2023 Page 2 2. The project requires the following administrative permits, which are to be processed ministerially, without discretionary review or a hearing: a. Minor Subdivision (MS) b. Minor Coastal Development Permit (CDP) 3. 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 4. The property is subject to the City's Local Coastal Program (LCP). As stated in the SB-9 Information Bulletin, referenced in bullet 3 above, properties subject to the LCP must comply with all certified development and zoning standards, density limitations, and permit process requirement for SB-9 developments in the Coastal Zone. Under the LCP, the subject property has an LCP Land Use designation of R-4 Residential, which allows a density of 0-4 dwelling units per acre (du/ac) consistent with the City's General Plan R-4 Land Use designation. Both the existing and proposed single-family residences are subject to density requirements. The accessory dwelling unit is not subject to density requirements. According to the exhibit provided, the existing lot is 10,167 square-feet (sf), or 0.23 acres (10,167 sf+ 43,560 sf = 0.23 acres). Proposing two dwelling units on 0.23 acres of land results in a residential density of 8.70 du/ac (2 units+ 0.23 acres= 8.70 du/ac'). A residential density of 8.70 du/ac exceeds the maximum unit yield allowed for the project site. As proposed, the project does not comply with the residential density requirements; and thus, is ineligible as a SB-9 project. 5. As stated in the SB-9 Information Bulletin, referenced in bullet 3 above, properties subject to the LCP must comply with all certified development and zoning standards, density limitations, and permit process requirement for SB-9 developments in the Coastal Zone. 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 Sections 20.16.0l0(D) and 21.10.100 of the Carlsbad Municipal Code (CMC), the required minimum lot width is 60 feet. As proposed, the current lot configurations do not meet the minimum lot width requirements. 6. Per Government Code §65852.21, the minimum required setback for an ADU from the side and rear property lines shall not be less than four feet. For the front yard, a minimum setback of twenty feet is required. The requirements for ADU projects, including setbacks, are summarized in the following information bulletin prepared by the City of Carlsbad: PRE 2023-0045 (DEV2023-0105) -5395 EL ARBOL DRIVE SB-9 October 12, 2023 Page 3 https://www .ca rlsbadca .gov /home/showpublisheddocument/12288/638279684162570000 7. Please provide the permit or residential building record for the detached garage proposed to be converted to an ADU. At least one off-street parking space may be required for each unit. If the detached garage being converted to an accessory dwelling unit is a required parking space, the required parking space is required to be replaced. The ADU parking replacement map is available on the city's website at the following address: https://www.carlsbadca.gov/home/showpublisheddocument/10940/637961738635980815 It appears that the subject property is located within the parking replacement area. 8. As part of a formal application, please clarify the setback from the right-of-way proposed for the garages. Although it is only mentioned in our Planned Development Ordinance, direct-entry garages shall be setback 20-feet from the right-of-way since the proposal is a single-family residence on a small lot. 9. The garage proposed on Lot 2 will need to meet the definition of "basement," defined in CMC 21.04.045, in order to build two stories above the garage. 10. 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 Climate Action Plan 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 Carlsbad Municipal Code Chapters 18.21, 18.30 and 18.51 which is available on the city's website at the following address: http://www.gcode.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. 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 online at https://www.carlsbadca.gov/departments/community-development/planning. You may also access the General Plan Land Use Element and the Zoning Ordinance online at the website address shown. Please review all information carefully before submitting. PRE 2023-0045 (DEV2023-0105) -5395 EL ARBOL DRIVE SB-9 October 12, 2023 Page4 Land Development Engineering: Prior to formal application for the discretionary permit submittal, the following items must be adequately resolved/addressed, unless otherwise noted: 1. Please delineate and annotate the limits of grading. Provide grading quantities, including remedial grading to establish building pads. Per CMC Section 15.16.060, this project will likely require a grading permit and grading plan. · 2. 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. 3. 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. 4. On the site plan, show and identify all existing surface improvements screened back (curb, gutter, sidewalk, paving, manholes, inlets, streetlights, adjacent driveways, vaults, transformers, etc.) at the project site, project frontage and within 25-feet of the boundary. 5. Please provide spot elevations at the corners of each pad in the proposed condition. Include finish pad and floor elevations. 6. 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. 7. Please provide typical street cross sections for existing frontage streets and proposed streets. Provide existing right-of-way width and existing improvements and proposed improvements and dedications. 8. Please show all existing utilities and callout size for: water, sewer, storm drain, underground dry utilities, overhead lines, traffic signals, streetlights on Cerezo Drive and El Arbol Drive and laterals affecting the property. Pertinent improvement plan numbers include DWG 141-5 for the 8-inch VCP sewer main and 4-inch lateral and DWG 120-9F for the 6-inch ACP watermain all fronting the property. Show existing and proposed utility services for either lot. An existing water service and meter located south of the driveway fronting El Arbol Drive appears to align with Lot 2 leaving Lot 1 without service. Likewise, an existing sewer lateral appears to serve Lot 1 leaving Lot 2 without sewer service. 9. All transformers and electrical facilities solely serving this project site shall be located on site and outside of the public right-of-way. PRE 2023-0045 (DEV2023-0105) -5395 EL ARBOL DRIVE SB-9 October 12, 2023 Page 5 10. Please locate fire service, backflows, potable and recycled water services, meters, landscape irrigation services, and sewer laterals for the new development in compliance with 2022 Carlsbad Engineering Design Standards requirements. 11. If existing water service is less than a one-inch diameter pipe and fire sprinklers are required, then please replace existing water service with a new PVC tee, meter, and backflow per CMWD standard drawing W-5. 12. Please provide multiple cross-sections of the site to demonstrate differences in grade from adjacent properties, existing and proposed grades on-site, fences and location of structures on-site and on adjacent properties. 13 .. Please show the location of the garage for Lot 2 and plot the driveway. 14. The urban lot split requires processing of a parcel map but not a tentative parcel map per SB-9 rules. 15. Please submit a preliminary title report and plot any easements from the report. 16. 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 Division: No Comments. Fire Department 1. Residential fire sprinklers required for all structures on new Lot 2 including new single-family dwelling and garage converted to ADU. Applicant Questions and Considerations 1. Waiver request of R-1 minimum Jot frontage width. The existing parcel does not currently meet minimum Jot width standards and thus, it is impossible for the Proposed Lots 1 ~nd 2, after a subdivision, to both meet the R-1 min lot width standard of 60'. It would be impractical to apply this standard given the intention of the Senate Bill No 9. Further, it would render 99.99% of otherwise conforming urban lot split parcel candidates infeasible if they were to require 120'+ of total frontage (or up to 160' if those Jots were larger). By imposing this local jurisdiction R-.i zoning standard, it would preclude our right to create construction of a new SFR of at least 800 SF in floor area. Further, there are considerations within the Carlsbad zoning code that allow for reduction of width (i.e. panhandle subdivisions are allowed to be 35' in width). PRE 2023-0045 (DEV2023-0105) -5395 EL ARBOL DRIVE SB-9 October 12, 2023 Page 6 Lastly, both of the proposed lots will meet the requirement of providing at least 20' width of access (frontage or access easement) to the public right-of-way per city standards. The proposed existing home on Lot 1 would have approx. 115.85' frontage along Cerezo and the proposed Lot 2 would have approx. 36.96' of frontage to El Arbo/ Drive. Staff Response: Unfortunately, staff does not support this request. As mentioned in Planning Comment #6, 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. The existing lot width appears to be at least 60-feet. Lot width is measured at the 20-foot front yard setback, not the street frontage. Also, the CMC does not allow panhandle lots to be 35-feet in width. Lastly, CMC 21.50.040(A)(l)(b) states that "The city planner may approve, conditionally approve or deny a minor variance for the following: Modifications of the minimum lot width regulations, provided such modification does not result in a lot width less than fifty feet." CMC 21.50.040(B)(1) states that, "The planning commission may approve, conditionally approve or deny a variance that is not subject to subsection A of this section." This request would require a variance with the Planning Commission as the decision-making authority which is a discretionary review. Under SB-9, discretionary review is not allowed. 2. Based on our project description and materials, are there any other standards we are not meeting that would require additional waivers? Staff Response: Based on the information provided for the preliminary review, any standards not met were addressed in the comment section. · 3. For new proposed SFR on Lot 2 (in blue on site plan diagram) -confirm 20' front yard min setback and 4' minimum setback along rear/western property line· and 4' min setback along the side/northern property line? Staff Response: The minimum side and rear yard setbacks are 4-feet for the single-family residence and ADU. The front yard setback is 20-feet. 4. For new proposed addition to existing home on Lot 1 (in red on site plan diagram) -confirm 4' minimum setback along rear/western property line and 4' min setback along the side/southern Staff Response: The residential structure shall be not-less than 4-feet from the rear/western and side/southern property lines. The direct entry garage shall be setback 20-feet from the street side property line. 5. What is the minimum building setback between the newly created lots (California building code not mandate min setbacks but will require certain fire ratings and/or distances to non-fire-rated windows and openings -3 ')? Staff Response: The minimum setback along the shared lot line is 4-feet from property line. PRE 2023-0045 (DEV2023-0105) -5395 EL ARBOL DRIVE SB-9 October 12, 2023 Pa e 7 6. For new proposed addition to existing home on Lot 1 (in green on site plan diagram) -confirm ability to convert interior of existing structure on proposed Lot 2 to an ADU (that would conform to building code standards), with no changes proposed to the existing building footprint. Existing detached garage carport structure is attached to something having location in the ground, as defined in 21.04.354. Staff Response: The detached garage can be converted to an ADU with no changes proposed to the existing building footprint if the garage was permitted. Provide permit or the residential building record to confirm the garage was permitted. Otherwise, the detached garage being converted to an ADU will need to meet the required 4-foot ADU setbacks. 7. For building height of the new proposed SFR on Lot 2 (in blue on site plan diagram) -confirm that if a garage level that is excavated would conforms to meet 21.04.045 Basement standards (min 75% of perimeter to qualify), that this garage level is not considered a story nor count towards the height limit of the building. Essentially, we want to confirm that two stories can sit on top of a garage only basement level. Staff Response: Please see Planning Comment #9. 8. What are the related Coastal Commission approvals needed for the proposed project, if any? Staff Response: The City has coastal development permit authority over the property. The Coastal Commission cannot appeal the City's decision. Approval is not required from the Coastal Commission. If you would like to schedule a meeting to discuss this letter with the commenting departments, please contact Edward Valenzuela at the number below. You may also contact each department individually as follows: • Planning Division: Edward Valenzuela, Associate Planner, at (442) 339-2624 • Land Development Engineering: David Rick, Project Engineer, at (442) 339-2781 • Fire Department: Randy Metz, Fire Inspections, at (442) 339-2661 • Building Division: Mike Strong, Assistant Director of Community Development, at (442) 339-2721 Sincerely, ERIC LARDY, AICP City Planner EL:EV:ES c: Brad Roemer and Emily Laetz, 5395 El Arbol Drive, Carlsbad, CA 92008 David Rick, Project Engineer Fire Prevention Laserfiche/File Copy