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Home My WebLink AboutPRE 2021-0039; ROSSALL LOT SPLIT; Admin Decision LetterNovember 9, 2021 Robert Sukup 4322 Sea Bright Place Carlsbad, CA 92008 SUBJECT: PRE 2021-0039 (DEV2021-0215) -ROSSALL LOT SPLIT APN: 155-221-09-00 {'city of Carlsbad B FILE COPY lf/ade:,/ ll/12/ 2/ Thank you for submitting a preliminary review for a minor subdivision project proposed at 2361 Buena Vista Circle. The project site, an approximately 1.12-acre lot, is currently developed with a single-family residence. 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: R-4 Residential, 0-4 units/ac. Growth Management Control Point of 3.2 units/ac. b. Zoning: R-1-10000-One-family Residential Zone c. The property is in the Mello II Segment of the Coastal Zone. The Coastal land use designation and zone are the same as the general plan and zoning above. 2. The project requires the following permits: a. Planned Development Permit (PUD) pursuant to the Mello II Segment of the Local Coastal Program (Policy 3-2 -Buena Vista Lagoon) and Carlsbad Municipal Code (CMC) Section 21.45.010(A)(2). b. Minor Coastal Development Permit (CDP) pursuant to CMC Sections 21.04.107 and 21.203.030 for the subdivision of the property. Community Development Department · Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov PRE 2021-0039 (DEV2021-0215) -ROSSALL LOT SPLIT November 9, 2021 Page 2 c. Coastal Development Permit {CDP) will be required if the application includes a proposal for the construction of a home pursuant to CMC Chapter 21.201. d. Minor' Subdivision (MS) for the subdivision of land pursuant to CMC Chapters 20.24 and 20.28. 3. As described in the scope of work, this preliminary review application is for the subdivision of one 1.12-acre lot into two lots. Staff does not support the project as it does not comply with applicable code requirements as summarized in the bullets below. The City Planner is the decision-making authority for the subdivision. If the application for the subdivision includes the construction of a single-family residence, the Planning Commission is the decision-making authority. 4. Per CMC Section 21.10.100 (D){l) the area of the buildable portion of the lot shall be 10,000 square feet. The buildable portion of the lot shall be the entire lot exclusive of any portion that is less than 35-feet width that is used for access to the lot. The proposed design shows a 10,004-square-foot lot which includes the panhandle portion. This design does not meet the required minimum area. 5. Per CMC Section 21.10.100D4, the access portions of the proposed lots shall be a minimum width of 15 feet per lot (totaling 30 feet of width at the right-of-way line). 6. The minimum front setback for structures is 20 feet. The proposed access easement may not comply and thus create or exacerbate a non-conforming setback condition for the existing residential structure. 7. All development applications that require Planning Commission or City Council approval shall provide early public notification. This requirement may be met by sending a public notice to the surrounding property owners (600-foot radius) within 30 days of submittal of the development application pursuant to City Council Policy No. 84 and Form P-21. The policy and form may be referenced online at: City Council Policy No. 84: http://www.ca rlsbadca .gov/ civicax/fileban k/blobd load .aspx?Blobl D=35578. Form P-21: https://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?Blob1D=24l17 8. The Housing Crisis Act of 2019 {SB 330) established a preliminary streamline application process for housing projects. It is not mandatory unless applicants seek the vesting and processing benefits offered under SB 330. Participation in the SB 330 streamline process would occur first, followed by the formal development application process required under Government Code {Gov. Code)§§ 65940, 65941, 65941.5, and Carlsbad Municipal Code {CMC) § 21.42.050. Acceptance by the city of a complete SB 330 Streamline Application (Form P-32) and fee will vest the project for 180 days in accordance with the ordinances, policies and standards in effect at the time the SB 330 Application is accepted. PRE 2021-0039 (DEV2021-0215) -ROSSALL LOT SPLIT November 9, 2021 Page 3 9. Per the Housing Crisis Act of 2019 (SB 330), any project that includes the removal or demolition of a "protected unit" is required to provide the occupants with 1) relocation benefits (Gov. Code § 7260 et seq.), and 2) right of first refusal for a comparable unit available in the new housing development. (Gov. Code § 66300 (d)(2)(D).) "Protected units" are generally defined by Gov. Code § 66300(d)(2)(E)(ii) as including residential units subject to affordability restrictions, price controls, or occupied by low income households. The formal submittal of the project will need to include documentation regarding any existing "protected units" if the existing residence is proposed to be demolished. 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:ljwww.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 requirem.ents, 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. Land Development Engineering: 1. Per CMC 20.28.020 panhandle-shaped lots shall have a minimum frontage of 20 feet on a dedicated public street or publicly dedicated easement accepted by the city. 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. 2. The City of Carlsbad cannot determine if the portion of Buena Vista Circle dedicated is 20-foot wide based on the street vacation document resolution No. 378. Additional documentation would need to be provided with application submittal. PRE 2021-0039 (DEV2021-0215) -ROSSALL LOT SPLIT November 9, 2021 Page 4 Fire Department Comments: 1. Fire access could not be determined for the new lot since it does not show a pad location for new home. If you would like to schedule a meeting to discuss this letter with the commenting departments, please contact Esteban Danna at the number below. You may also contact each department individually as follows: • Planning Division: Esteban Danna, Associate Planner, at (760) 602-4629 • Land Development Engineering: Nichole Fine, Project Engineer, at Nichole.Fine@carlsbadca.gov • Fire Department: Randy Metz, Fire Inspections, at (626) 536-6677 DON NEU, AICP City Planner DN:ED:cf Attachments: LDE Redlines c: Kerry Rossall, 2361 Buena Vista Circle, Carlsbad, CA 92008 Nichole Fine, Project Engineer Fire Prevention Laserfiche/File Copy/Data Entry