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Home My WebLink AboutPRE 2022-0042; WHITE RESIDENCE; Admin Decision LetterSeptember 20, 2022 Mark Pekarek 2331 Dana Ct Carlsbad, CA 92008 BFILE COPY SUBJECT: PRE 2022-0042 (DEV2022-0160} -WHITE RESIDENCE APN: 207-230-19-00 {"'Cityof Carlsbad Thank you for submitting a preliminary review for a project proposed at 4810 Kelly Drive. The project site, an approximately 14,614-square-foot lot, is currently developed with a single-family residence. The project proposes to subdivide the existing lot into two new lots through compliance with CA Senate Bill 9 (SB-9), commonly referred to as the Housing Opportunity & More Efficiency (HOME) Act. The existing single-family residence is proposed to remain. 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: Residential R-4, 0-4 units/ac. Growth Management Control Point of 3.2 units/ac. b. Zoning: R-1-8000 -One-Family Residential Zone c. The property is in the appeal jurisdiction 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. Minor Subdivision (MS) for the subdivision of the property. b. Minor Coastal Development Permit (CDP) for development within the appealable jurisdiction of the Mello II Segment of the Local Coastal Program. 3. 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 Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov PRE 2022-0042 (DEV2022-0160) -WHITE RESIDENCE September, 20 2022 Page 2 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.geode.us/ codes/ ca rlsbad/view. php ?topic=18&fra mes=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 niay be required to submit and receive approval of a Consistency Determination or an Amendment application for the project through the Planning Division. 4. The proposed project is subject to CA Senate Bill 9 (SB-9), added Govt. Code §65852.21 and §66411.7: https:ljleginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill id=202120220SB9 5. The requirements of SB-9 are summarized in the following information bulletin prepared by the City of Carlsbad: https:ljwww.carlsbadca.gov/home/showpublisheddocument/8771/637774951657370000 6. Based upon a preliminary review of the application materials submitted, the proposed project appears to be an eligible SB-9 development. The proposed subdivision shall show compliance with the items identified on The Home Act (SB-9) Eligibility Checklist (Form B-74). The form may be accessed via: https:ljwww.carlsbadca.gov/home/showpublisheddocument/8769/637907192228729987 Specifically, the project shall comply with the following items in Form B-74: a. The property is located within the High Fire Hazard Zone. The structures shall comply with the city's fire hazard mitigation measures and ignition resistant construction design standards. For additional information, please contact Randy Metz, Fire Marshall, whose contact information is provided below. b. Provide evidence showing that the existing house is not rented as an affordable unit. c. Provide evidence that the existing house was not withdrawn from the rental market within the last 15 years. PRE 2022-0042 (DEV2022-O160) -WHITE RESIDENCE September, 20 2022 Page 3 7. Subsequent construction on the two newly-created lots shall comply with the objective standards identified in the Carlsbad Municipal Code (CMC), including but not limited to Chapters 21.10 (One- Family Residential Zone) and 21.44 (Parking). 8. Per Government Code Section 65852.21, the minimum required setback from the side and rear property lines shall be not be less than four feet. 9. Please be aware that as part of a formal submittal, 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. 10. 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.) 11. A restriction shall be recorded against the property prohibiting future Urban Lot Splits. 12. Urban lot splits are prohibited for projects that would require the demolition or alteration of any of the following types of housing: a. 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. b. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. c. 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. d. Housing that has been occupied by a tenant in the last three years. 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. 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:ljwww.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 2022-0042 (DEV2022-0160} -WHITE RESIDENCE September, 20 2022 Page 4 Land Development Engineering: 1. Complete a Stormwater Standards Questionnaire (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 can be printed from the following website link: https://www.carlsbadca.gov/home/showdocument?id=604 Please provide the total existing impervious area, proposed impervious area and replaced impervious area. Preliminary analysis suggests that the project is a Standard Project and subject to installing site design and source control BMPs per Chapter 4 of the Carlsbad BMP Design Manual and per the Standard Project Requirement Checklist (E36) that will also need to be completed. The link to the form is: https://www.carlsbadca.gov/home/showpublisheddocument/602/637426047014830000 2. A tentative parcel map and subsequent processing of a parcel map for recordation with the San Diego County Recorder's Office will be required. 3. As part of the tentative parcel map, submit a preliminary grading plan to include existing and proposed contours and spot elevations. Show proposed grading, retaining walls, and method of drainage for the site. 4. As part of the tentative parcel map, plot Kelly Drive and all existing facilities within the project vicinity (curb, gutter, sewer main, sewer laterals, water services, meters, water mains, fire hydrants, etc.). Dimension said facilities and identify size and material of facilities. 5. 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. 6. Provide a preliminary Geotechnical study that identifies feasibility and recommendations for the proposed project. 7. Provide multiple cross-sections of the site to demonstrate differences in grade, including adjacent properties. Provide a typical street cross section. 8. The proposed driveway for the new lot shall be ADA compliant. 9. Submit a Preliminary Title Report (current within the last six (6) months). Delineate and annotate all existing easements affecting the property on the site plan. PRE 2022-0042 (DEV2022-0160} -WHITE RESIDENCE September, 20 2022 Page 5 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 (442) 339-2629 • Land Development Engineering: Allison McLaughlin, Project Engineer, at (442) 339-2732 • Fire Department: Randy Metz, Fire Inspections, at (442) 339-2661 Sincerely, ERIC LARDY, AICP City Planner EL:ED:JC c: Paige White, 4810 Kelly Drive, Carlsbad, CA 92008 Allison McLaughlin, Project Engineer Fire Prevention Laserfiche/File Copy Data Entry