HomeMy WebLinkAboutPRE 2022-0003; 1369 FOREST AVENUE; Admin Decision LetterMarch 9, 2022
Masoud Mosallaie
1952 Alta Oaks Drive
Arcadia, CA 91006
SUBJECT: PRE 2022-0003 (DEV 2022-0008)-1369 FOREST AVENUE
APN: 156-110-83
{"Cityof
Carlsbad
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Thank you for submitting a preliminary review for a 700 square foot (SF) one-story, attached accessory
dwelling unit encroaching into the 20-foot-wide front yard setback on a 0.24 -acre vacant parcel with
. frontage on Forest Avenue.
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: R-4, 4 dwelling units/ac
Zoning: R-1, One-Family Residential
2. The project requires the following permits:
a. Grading and building permits.
3. Plans. Please provide a fully dimensional site plan drawn to scale.
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 floor plans, elevations and cross sections drawn to scale.
Community Development .
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
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4. 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: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.
5. Vehicular access. Please specify the width and location of the proposed driveway and include
details for any retaining walls. Please include top and bottom-of-wall measurements, as well as
the overall wall height (below-grade footings are excluded from height measurement).
6. Title Report. Provide a title report dated within the last 6-months. Please also provide a map of
the easements as prepared by the title company.
7. Single-family home. While the focus of the Preliminary Review submitted is the location of
proposed attached ADU, staff has comments on the setbacks and access to the attached garage
for the single-family home. The access and setback comments may impact the location of the
ADU.
The single-family home is subject to the standards of Carlsbad Municipal Code (CMC) Chapter
21.10, R-1, One-Family Residential Zone. Staff has the following comments on the preliminary
design of the home:
a. Building height. Pursuant to CMC Section 21.10.050 (R-1 zone), a single-family home in
the R-1 zone is limited to a height of 30 feet and two stories if a minimum roof pitch of
3:12 is provided and 24 feet and two stories if less than a 3:12 roof pitch is provided.
Pursuant to CMC Section 21.04.065, building height is defined as follows:
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Pursuant to CMC Section 21.04.065 (definition of "building height"), the height
measurement is taken from existing or finished grade, whichever is lower, to the peak of
the roof. Further, when nondiscretionary permits allow retaining walls, fill or other
grading, which create a finished grade higher in elevation than the grade that existed
prior to the retaining wall, fill, or grading, then building height shall be measured from
existing grade. Please label the existing and finished grade on the cross sections and
measure the height from the lower grade to the peak of the roof. The height must not
exceed 24 feet if less than a 3:12 roof pitch is proposed or 30 feet if the roof pitch is 3:12
or greater.
Please ensure the building height is measured from existing or finished grade, whichever
is lower.
b. Setbacks-Single-Family Home. Please label and dimension all required setbacks.
Pursuant to CMC Section 21.10.100.C, a determination shall be made on which property
lines of the buildable lot are the front, sides and rear for purposes of providing required
yards. Please revise the site plan to designate the front, side and rear property
lines/setbacks. The required side yard setback is 10% of the width of the lot, with a
minimum of 5 feet and a maximum of 10 feet. Pursuant to CMC Section 21.04.263, the
width of the lot is the horizontal distance of the line constituting the required front yard
setback. The rear yard setback is double the interior side yard. See the Attachment A,
Panhandle Lots for guidance.
Setbacks-Attached ADU. The ADU cannot be located in the 20-foot-wide front yard
setback. The required side and rear yard setback for the ADU is a minimum of four (4)
feet.
c. Lot Coverage. Provide a line calculation identifying the lot coverage of the proposed
structures (total square footage of coverage area+ square footage of net area of the lot,
i.e., excluding the panhandle portion of the lot). The lot coverage cannot exceed 40% of
the net lot area.
d. Parking. Pursuant to CMC Section 21.10.100.D.7, a panhandle lot shall have three non-
tandem parking spaces with an approach not less than 24' in length with proper
turnaround space to permit complete turnaround for forward access to the street (i.e.,
24 feet, free and clear). The parking and access arrangement shall be designed to the
satisfaction of the city engineer. These spaces shall be provided as a two-car garage
(20'x20') with one tandem space or as a three-car garage. Please label the garage(s) on
the site plan as either two or one car garage. Label the additional space(s) with the 24'
turnaround. Please note, back up can be provided in the private access easement on the
adjacent parcels lot if proof of shared access rights is provided. However, please note
that depending on the front yard setback designation, the garage will either need to be
setback a minimum 20 feet (if front yard setback) or 10% the width of the lot if it is a side
yard setback. Either way, as currently proposed, the project does not comply with the
setbacks.
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8.
e. Garage. The attached garage appears to be encroaching into either the side yard or front
yard setback. Please scale and label the setback and ensure it does not encroach into the
setbacks.
f. Driveway. An improved driveway shall be provided within the access portion of the lot
from the street or public easement to the parking area on the buildable lot at least 20'.
The driveway shall be constructed to accommodate public service vehicles with a
minimum of two-inch thick asphalt concrete paving on proper base with rolled edges.
g. Additional Corrections. Please note, additional corrections may be required upon review
of a detailed site plan, floor plans, elevations, and cross sections.
Accessory Dwelling Unit (ADU). The ADU is subject to the standards of Carlsbad Municipal Code
(CMC) Chapter 21.10, R-1, One-Family Residential Zone, and State Law as summarized in the
Accessory Dwelling Unit Informational Bulletin IB-111 (Attachment B). Staff has the following
comments on the preliminary design of the ADU:
a. Building Height. Attached AD Us are subject to the limits specified under the applicable
zone. Please provide elevations for the ADU and indicate and dimension the height and
the roof pitch.
b. Parking. One parking space is required for the proposed ADU and may be located within
the building setbacks or on the driveway as a tandem space. Please label and dimension
the ADU parking space. Parking must be a minimum of 8.5 feet wide and 170 square feet.
If the ADU is less than 500 square feet, it qualifies as a Junior Accessory Dwelling Unit
(JADU) and parking is not required.
c. Lot Coverage. If the proposed ADU is greater than 16' in height and over 800 square feet
in area, please include the ADU in the lot coverage calculation. If the ADU is less than 16'
in height or less than 800 square feet in area it does not need to be included in the lot
coverage calculation.
d. Additional Corrections. Please note, additional corrections may be required upon review
of a detailed site plan, floor plans, elevations, and cross sections.
9. Variance. A Variance for reduced setbacks would not be supported by staff for the following
reasons:
a. Staff has determined that the single-family dwelling and accessory dwelling unit can be
designed on the subject .24-acre vacant lot to comply with the development standards.
The design will need to be adjusted and the size of the proposed single-family dwelling
may need to be reduced.
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b. The drainage path and panhandle shape of the lot do not qualify as special circumstances
that deprives the property of privileges enjoyed by others in the vicinity and under the
same zoning classifications. 1373 Forest Avenue is also a panhandle lot and contains the
same path as this project. The lot contains a single-family dwelling and garage permitted
in 2019 which meets the setback requirements. The lot also appears to have additional
area to build an accessory dwelling unit that will meet setback requirements.
c. Although the doctors note submitted with the Preliminary Review supports the claim
that the ADU cannot be designed as a two-story structure, the proposed ADU and main
dwelling unit proposed on the vacant lot can be redesigned to meet the setbacks.
Therefore, staff is not supportive of locating the ADU in the front yard setback. If the
property line closest to the ADU is designated as a side yard setback, a four-foot-wide
setback is allowed for the ADU. However, the property line closest to the attached
garage would qualify as the front property line and the garage would need to be set back
20 feet from the property line.
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 comments:
Land Development Engineering Division staff has completed a preliminary review of the above-
referenced project. Prior to formal application submittal the following items must be adequately
resolved/ addressed:
1. Complete a Stormwater Standards Questionnaire. 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 can be printed from the
following website link:
https://www.carlsbadca.gov/home/showpublisheddocument/604/637659282326670000
2. A grading plan will be required.
3. A preliminary hydrology study will be required to determine the pre-development and post-
development discharge flows. Provide preliminary recommendations to mitigate any increase in
flows.
4. A recent Preliminary Title Report (PTR) will be required with formal project application submittal.
All easements and encumbrances identified in the PTR must be indicated on the site plan
5. Show complete property boundary data on the site plan, including bearings and distances.
6. Provide a typical street cross section of Forest Avenue showing existing improvements.
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7. On the site plan, show and identify all existing surface improvements (curb, gutter, sidewalk,
paving, manholes, inlets, streetlights, adjacent driveways, vaults, transformers, etc.) at the
project frontage and within 25 feet.
8. Provide multiple cross-sections of the site to demonstrate differences in grade, including
adjacent properties.
9. Indicate the volume of grading (cut, fill, import, export, remedial) proposed for the project in
cubic yards.
10. Use NGVD 29 datum for vertical control for all design elevations per city Engineering Standard
Volume 1, Chapter 2.
11. Show proposed finished floor elevations for structures.
12. Show existing and proposed water services and sewer laterals.
13. A Neighborhood Improvement Agreement will be required.
14. Show that there is sufficient room for a vehicle turning into and out of the garage.
15. Please be advised that in order to make a more in-depth review of the proposed development,
a more complete design of the project is required.
Fire:
1. NFPA 13D Fire Sprinklers required throughout the entire ADU and future attached home.
Building:
1. Show details for one-hour fire resistance rated wall(s) separating the ADU from the main
residence for this attached ADU.
2. Show details for one-hour fire resistance rated wall(s) separating the ADU from the main
residence for this detached ADU that is closer than 5' to the property line.
3. Sewer design with fixture unit counts for entire sewer line, including the new house if the ADU
ties into the existing sewer line prior to the sewer main connection.
4. Electrical load calculations and single line diagram for entire electrical design, including the new
house. Solar required for the new house.
5. Carlsbad Climate Action plan details on plans to be coordinated with the CFl-R energy
documents.
6. Single line diagram for proposed gas fixtures including the new house fixtures.
7. Separate HVAC will be required for the ADU.
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If you would like to schedule a meeting ~o 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: Allison McLaughlin, Project Engineer, at (442) 339-2732
• Fire Department: Randy Metz, Fire Marshal, at (442) 339-2661
Sincerely,
DON NEU, AICP
City Planner
DN:LY:cf
Attachments: A. Panhandle Lots
B. IB-111, Accessory Dwelling Units
c: Allison McLaughlin, Project Engineer
Randy Metz, Fire Prevention
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