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Home My WebLink AboutPRE 2022-0043; VIA FRANCISCA ADUS; Admin Decision LetterOctober 11, 2022 8FILE COPY Luis Baca 35 Hugus Alley Suite 200 Pasadena, CA 91103 SUBJECT: PRE2022-0043 (DEV 2022-0162) -VIA FRANCISCA ADUS APN: 167-250-44-00 ('Cityof Carlsbad Thank you for submitting a preliminary review application for the construction of accessory dwelling units (ADUs) within an existing apartment complex. The submittal included two proposals: a two-story, detached structure containing two ADUs over covered parking; and a three-story, detached structure containing four ADUs over covered parking. The project site, an approximately 16-acre property located at the southwest corner of El Camino Real and Hosp Way, is currently developed with an apartment complex known as The Reserve at Carlsbad. 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. General Plan: R-15 Residential, 8-15 dwelling units per acre (du/ac). b. Zoning: P-C (Planned Community Zone) 2. The project requires the following permits: a. Building Permit (Grading Permit may be required dependent on specific grading volume) 3. Accessory Dwelling Unit Requirements/Limitations. Per Zoning Code requirements for the P-C Zone, CMC Section 21.38.025 and Ordinance CS-384, Accessory dwelling units or junior accessory dwelling units are permitted according to the provisions of Section 21.10.030. Community Development Department Planning Division J 1635 Faraday Avenue Carlsbad, CA 92008-7314 J 442-339-2600 www.carlsbadca.gov PRE2022-0043 (DEV 2022-0162) -VIA FRANCISCA ADUS October 11, 2022 Page 2 Carlsbad Municipal Code (CMC) Section 21.10.030 provides standards for the development of AD Us. Subsection D.3. states, the number and location of ADUs or JADUs on a lot shall be subject to California Government Code Sections 65852.2 and 65852.22. The submitted plan sets are inconsistent with the requirements and limitations on California Government Code Section 65852.2 as follows: California Government Code 6585.2 only allows for multiple AD Us (more than one) under certain conditions and limitations, provided under subsection (e). Subsection (e)(l)(C) states, (i} Multiple accessory dwelling units within the portions of existing multifamily dwelfing structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelfing units. As the two ADU plan proposals are not within portions.of an existing multifamily dwelling structure, this section does not apply Subsection (e)(l)(D) states that a permit must be approved for; not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling,. but are detached · from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks. The two-ADU plan proposal exceeds the 16-foot limitation. The four-ADU plan proposal exceeds the 16-foot limitation and four ADUs would not be allowed under this section. The proposed ADU plans are inconsistent with the above California Government Code sections and . the Carlsbad Municipal Code does not provide for exceptions to the California Government Code. Please see the following links for more information on Accessory Dwelling Units. Carlsbad Information Bulletin 1B-111: https:Uwww.carlsbadca.gov/home/showpublisheddocument/10942/637980587090200000 California Housing and Community Development, Accessory Dwelling Unit Handbook: HCD Accessory Dwelling Unit Handbook (ca.gov) 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 complete a Stormwater Standards Questionnaire Form 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 is located on the City of Carlsbad website. Preliminary analysis suggests that the project is a Standard Project and subject to installing site PRE2022-0043 (DEV 2022-0162) -VIA FRANCISCA ADUS October 11, 2022 Page 3 design and source contro·I 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 and is available on the City of Carlsbad website. Identify on the site plan the location of the applicable BMPs, with BMP codes depicted on the checklist. 2. Please provide the average daily traffic (ADT) generated by the project for the existing and ·proposed conditions. 3. Please submit a Climat-e Action Plan (CAP) checklist, form P-3Oto demonstrate that this project is in compliance with CAP. 4. Please provide a preliminary title report within 6 months of the application date, with current owner. Label and annotate all existing easements affecting the property on the site plan. 5. Please indicate the volume of grading (cut, fill, import, export, remedial) proposed for the project in c_ubic yards. The remedial/over-excavation quantities shall be determined by the recommendations of a geotechnical engineer. At this point there is insufficient information to determine if this project requires a grading permit per CMClS.16.060. 6. Please provide a conceptual grading and drainage plan, delineate existing .and proposed contours, spot elevations and the method for draining the structure per GS-15 and CBC1804.4. Provide finish floor and pad elevations. 7. Please call out any retaining walls that will be utilized on the project site and show top of wall, bottom of wall elevations. Indicate maximum height of retaining wall, show footing and remedial excavation required in cross sections. 8. If stem walls or extended footings are incorporated into the building line, please show on the grading plan along with the depth retaining. 9. Please provide a preliminary geotechnical report to support the proposed development, including soil type and any over-excavation requirements for the foundation. 10. On the site plan, please provide the name and address of the owner, the preparer of the site plan and a summary table of all the requirements from the P-2 form, including sewer and water demand. 11. Please provide a legal description of the property. 12. Please show and callout all existing utilities: water, sewer, storm drain, gas and electrical mains around the proposed site. 13. Please provide a cross section perpendicular the structure down the existing slope to the south, show any over-excavation required for the footing to the wall. PRE2022-0043 (DEV 2022-0162) -VIA FRANCISCA ADUS October 11, 2022 Page4 14. 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. Fire Department 1. Please be aware that Fire sprinklers will be required throughout new ADUs. If you would like to schedule a meeting to discuss this letter with the commenting departments, please contact Kyle Van Leeuwen at the number below. You may also contact each department individually as follows: • Planning Division: Kyle Van Leeuwen, Associate Planner, at (442) 339-2611 • Land Development Engineering: Nichole Fine, Project Engineer, at (442) 339-2744 • Fire Department: Randy Metz, Fire Inspections, at (442) 339-2661 Sincerely, Z/Vl ERIC LARDY City Planner EL:KVL:JC c: DP Carlsbad Magnific, Investors, LLC, 6222 Wilshire Blvd., Suite 400, Los Angeles, CA 90048 Nichole Fine, Project Engineer Laserfiche/File Copy Data Entry