HomeMy WebLinkAboutPRE 2023-0054; LAS FLORES GARAGE; Admin Decision LetterNov.15,2023
LOGAN ANDERSON
1106 SECOND ST., #561
ENCINITAS, CA 92024
SUBJECT: PRE 2023-0054 (DEV2023-0123) -LAS FLORES GARAGE
APN 156-120-71-00
Dear Logan Anderson,
Ccicyof
Carlsbad
Thank you for submitting a preliminary review application for a residential project proposed on an
approximately 10,890-square-foot (0.25-acres) lot developed with a 1,576-square-foot, single-family
residence and located on the corner of Las Flores Drive and Pio Pico Drive (Address 1291 Las Flores Drive).
The existing single-family residential use is a non-conforming use in the Office Zone, which does not allow
residential uses. Additionally, the two surface-parking spaces provided for the residence are non-
conforming in that a one-family dwelling requires two garage parking spaces. The proposal generally
involves the following:
• Construction of a detached, two-story structure on the southeastern portion of the lot. The
structure would consist of a 375-square-foot garage and 375-square-foot second-story office
room with bathroom. Exterior stairs for access to the second story office are also proposed.
In discussion with the applicant and property owner about the proiect. and about the restrictions on
nonconforming uses and structures. it was concluded that the proiect, as stated above and shown on
submitted plans. would not be allowed or would not meet the necessary findings of approval. This
discussion with staff also included the exploration of other development options that would be allowed
for the property. Specifically, a proiect to expand the existing residence with a room addition and
attached single-car garage could be approved, consistent with regulations for nonconforming lots,
structures and uses. The planning division comments below are in response to a proiect that expands
the existing residence with a room addition and attached single-car garage.
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:
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600
PRE 2023-0054 (DEV2023-0123) -LAS FLORES GARAGE
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a. General Plan: 0, Office
b. Zoning: Office (0) Zone
2. The project, expansion of the existing residence with a room addition and attached single-car garage,
requires the following permits:
3.
4.
a. Minor Site Development Plan -Required of any development in the Office zone (CMC Sections
21.27.020 & 21.06).
b. Nonconforming Construction Permit -Required for the expansion of the nonconforming
residential use and structure (Carlsbad Municipal Code (CMC) Section 21.48.050).
The City Planner will be the decision maker for the above entitlements.
A building permit will also be required once the above entitlements are approved.
Development Standards. The project is subject to the Office Zone development standards, CMC
Chapter 21.27. Including the following structural standards:
a. Building Height: 35 feet
b. Front and Street Side Yard Setbacks: 15 feet for single-story building (20 feet for two stories).
c. Interior Side and Rear Yard Setback: 10 feet
d. Lot Coverage: 50% Maximum Lot Coverage.
Nonconforming Structures: A nonconforming residential structure and/or nonconforming residential
use may be continued and the structure and/or use repaired, altered, expanded or replaced in
accordance with the provisions of CMC Chapter 21.48. The existing residence is both a nonconforming
residential use and is nonconforming regarding parking requirements. Both are further discussed
below:
a. Nonconforming Residential Use: Consistent with CMC Section 21.48.050, A nonconforming
residential use may be expanded, so as to occupy a greater area of land or more floor area
provided that an application for a nonconforming construction permit is submitted and the
city planner approves the findings of fact pursuant to Section 21.48.080(D). An addition to the
structure shall not result in additional nonconformity or increase the degree of existing
nonconformity (no additional units can be created with additions). Setbacks stated above will
apply.
b. Nonconforming Parking: Per CMC Chapter 21.44, Table A, one-family dwellings require two
spaces be provided either as a two-car garage or two, single-car garages. As the subject
property has no garage provided on site, the parking is nonconforming in that the two required
spaces are provided as surface spaces. Aerial views of the property show that two spaces are
provided to the right of the main structure, accessed from a driveway off of Las Flores Dr and
setback from the property line 15 feet (outside the yard setback required by the Office zone).
If a one-or two-car garage is desired for the property, that can be supported. The requirements
for this garage are as follows:
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1. Single-Car Garage:
a. Must have a 20-foot by 12-foot minimum interior dimension.
b. Garage must be setback at least 20 feet from street-front property line.
c. Garage must be setback at least 5 feet from side property line.
d. Garage must be attached to the main residence.
e. One surface space must also be provided, which: 1) has a five-foot setback
from the side property line*; 2) has a 10-foot setback from the street-front
property line; and 3) is not located in tandem with, or impede the driveway
width needed for access to, the single-car garage.
* Some reduction may be allowed
2. Two-Car Garage:
a. Must have a 20-foot by 20-foot minimum interior dimension.
b. Garage must be setback at least 20 feet from street-front property line.
c. Garage must be setback at least 5 feet from side property line.
d. Garage must be attached to the main residence.
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.
2. Based on a preliminary analysis it appears that this project will be a Standard Project. Please complete
the Standard Project Requirement Checklist, Form E-36, and show all source and site design BMPs on
the conceptual grading and drainage plans.
3. Please provide a Preliminary Title Report (current within the last six (6) months).
4. A lot line adjustment may be required for the rear property line.
5. Please plot all existing easements and encumbrances listed in the Title Report on the site plan.
6. Per CMC15.16.060 this project may require a grading permit and grading plan.
7. If a grading permit is required, 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.
8. Please plot topographic contours for existing and proposed condition. Provide 1-foot contours for
slopes less than 5%; 2' intervals for slopes between 5% and 10%, and 5' intervals for slopes over
10%. Extend contours a minimum 15 feet beyond the project boundary.
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9. Please plot and identify all existing surface improvements such as curb, gutter, sidewalk, paving,
manholes, walls, fences, structures, streetlights, adjacent driveways, vaults, transformers, etc. at the
project site and within 15 feet of the boundary.
10. Please plot the proposed building stairway on the site plan.
11. Please clearly differentiate between on-site existing and proposed pavement for the driveway.
12. Please indicate the earthwork quantities (cut, fill, import, export, remedial) proposed for the project
in cubic yards.
13. Please provide the method of draining around the proposed building to include such items as finish
surface elevations, catch basins, storm drain, etc. Unless otherwise specified by a geotechnical
engineer, drainage shall comply with California Building Code (latest version) section 1804.4.
14. Re-location of the fence along Pio Pico may be required to place outside the public right-of-way.
15. The trees along the Las Flores and Pio Pico frontage are included in the city's street tree inventory.
Please indicate on the site plan that they are to remain.
16. Please provide typical street cross sections for existing Las Flores and Pio Pico.
17. Please show all existing utilities and callout size for: water, sewer, storm drain, underground dry
utilities, overhead lines, and laterals serving the project.
18. All transformers and electrical facilities solely serving this project site shall be located on site and
outside of the public right-of-way.
19. A replacement of the existing water service with a new service, meter and backflow per CMWD
standard drawing W-5 may be required.
20. Please provide cross-sections of the site to demonstrate differences in grade from adjacent
properties, existing and proposed grades on-site, fences and structures on-site and on adjacent
properties.
21. Please meet with the Fire Department to identify the necessary fire protection measures required for
this project (e.g. sprinkler system).
22. Please address the comments on the attached red lined site plan.
23. 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.
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:
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• Planning Division: Kyle Van Leeuwen, Associate Planner, at (442) 339-2611
• Land Development Engineering: Tim Caroll, Project Engineer, at (442) 339-2737
Sincerely,
ERIC LARDY, AICP
City Planner
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c: Lael Leone, 1291 Las Flores Dr., Carlsbad, CA 92008
Tim Carroll, Project Engineer
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