HomeMy WebLinkAboutPRE 2023-0065; 3580 MADISON ST UNITS; Admin Decision LetterJanuary 31, 2024
Matt Welch
2061 Cima Court
Carlsbad, CA 92009
SUBJECT: PRE 2023-0065 {DEV2023-0160)-3580 MADISON ST UNITS
APNs 204-173-07-00
Ccicyof
Carlsbad
B FILE COPY
Thank you for submitting a preliminary review for a residential project proposed on assessor's parcel
number (APN) 204-173-07-00 in the Barrio Center District of the Village and Barrio Master Plan. The
project site, an approximately 7,700-square-foot lot, currently is developed with a 718-square-foot one-
family dwelling with an attached 263-square-foot single-car garage and a 598-square-foot one-family
dwelling with a detached carport. Vehicular access to the site is provided off Madison Street.
The preliminary review exhibit(s) propose:
• Demolition of Existing Dwelling Unit 2;
• A rebuild of Existing Dwelling Unit 1 into a 2,825-square-foot two-family dwelling with 3 garaged
parking spaces and 1 uncovered parking space; and
• Construction of two 1,200-square-foot accessory dwelling units (AD Us) with 2 uncovered parking
spaces. The ADUs will be detached from the two-family dwelling but attached to each other.
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: Village -Barrio (V-B).
b. Zoning: Village -Barrio (V-B).
c. Master Plan: Village and Barrio Master Plan (VBMP), Barrio Center (BC) District
2. The project requires the following permits:
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600
PRE 2023-0065 (DEV2023-0160} 3580 MADISON ST UNITS
January 31, 2024
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a. Minor Site Development Plan {SDP).
b. Nonconforming Construction Permit (NCP).
~' A MinorSDP 'is required for the construction of a two-dwelling residential building.
An NCP will be required for the following:
a. To continue to provide only one garaged parking space for Dwelling Unit 1. Per the VBMP, two
garaged spaces per unit are required for a two-family dwelling.
b. To maintain the two existing driveways and approaches. Per code, development sites shall be
permitted a maximum of one access point from a public street.
c. To maintain the 12-foot width of the northernmost driveway. Per code, the minimum width of
drive-aisles that provide access to parking spaces for more than one residence is 20-feet.
The City Planner will be the decision-making authority on the Minor SDP and NCP.
3. 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.
4. 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 b.enefits (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."
, '
Applicant must complete Housing Declaration Forms, linked below, to describe the site's current
residential uses and proposed residential uses. Applicant must provide further evidence, as
summarized below, to comply with Government Code Section 66300 (d)(2). Evidence to include but
not limited to the following: notification of project application to each residential tenant, certified
acknowledgement of notice from each residential tenant, signed income certification from each
residential tenant, and source documentation to verify total annual gross household income for each
residential tenant. As a courtesy, the City has provided the Housing Declarations Forms below.
Housing Declarations P-38:
https:llwww.carlsbadca.gov/home/showpublisheddocument/13862/638309657057870000
PRE 2023-0065 (DEV2023-0160) 3580 MADISON ST UNITS
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Housing Declarations Income Certifcation Form P-38(8):
https://www.carlsbadca.gov/home/showpublisheddocument/15083/638309665983870000
5. Parking.
a. Two garaged parking spaces are required for both Dwelling Unit 1 and Dwelling Unit 2. The
existing one-car garage for Dwelling Unit 1 is nonconforming. Therefore, a nonconforming
construction permit will be required to demolish and rebuild the one-car garage. A second
uncovered parking space will be required for Dwelling Unit 1. Chapter 2.6.1(8)(1) of the VBMP,
states that surface parking shall be located behind buildings and away from street frontages.
Carlsbad Municipal Code (CMC) 21.44.060(A)(2) states required parking shall not be located
within the front yard setback. The required uncovered parking space will need to be located in
a place that does not interfere with the turnaround radius of the two-car garage as shown on
the site plan exhibit.
b. Per Government Code §65852.2(d), no parking is required for ADUs located within one-half
mile walking distance of a bus stop. There is a bus stop at Chestnut Avenue and Harding Street,
0.3 miles away.
c. Uncovered parking spaces will need to meet the minimum dimensions for a parking space, 8.5-
feet by 20-feet.
6. The main residences are subject to the Village & Barrio Objective Design Standards (ODS). As currently
proposed, the architectural style of the project is similar to the Traditional Modern style of the ODS.
Traditional Modern is an allowed architectural style within the Barrio Center District for a small
apartment project. However, as currently proposed, the project does not meet all Traditional Modern
design standards found in Appendix E of the VBMP.
The ADUs are not subject to ODS. However, staff recommends that ODS is used to help design the
ADUs to complement the main dwellings and providing a coherent site design.
Please prepare a matrix demonstrating how the project complies with each applicable design
standard. Where not applicable, please indicate as such. This matrix shall be provided with the formal
submittal of the project in both hard copy and digitally, preferably in ".word" format. Please see the
Objective Design Standards website linked below:
https://www.carlsbadca.gov/departments/community-development/planning/village-barrio-
objective-design-standards
7. 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:
PRE 2023-0065 (DEV2023-0160) 3580 MADISON ST UNITS
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http://www.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.
8. Technical Studies/Exhibits. A formal submittal of this project shall include the following technical
studies/exhibits:
a. Historical Analysis. The existing buildings on the project site appear to be built over 45 years
ago. The development of the proposed project will require demolition in an area of the city
known to have a high sensitivity as it relates to architectural history. To determine if the
structures are significant pursuant to the California Environmental Quality Act (CEQA), a
historical analysis report will need to be submitted, or provide documentation that the
structures are less than 45 years old. This report shall also be consistent with the city's Tribal,
Cultural, and Paleontological Resources Guidelines linked below.
https:ljwww.carlsbadca.gov/home/showpublisheddocument/254/637425976516870000
9. Due to the potential archaeological and paleontological sensitivity of the site, the project will be
subject to conditions requiring on-site monitors for any grading or ground-disturbing activities.
10. According to the legal description and survey, the project is proposed across two adjacent lots.
Merging of the two lots via a lot line adjustment will be a condition of project approval.
11. Proposed Land Use. A two-family dwelling is permitted within the BC District per the VBMP, Table 2-
1. For an exhaustive list of uses permitted, conditionally permitted, and/or prohibited in the BC
District, please consult Table 2-1 beginning on page 2-6 of the VBMP. For an exhaustive list of
expressly prohibited uses, please see Table 2-1 on page 2-8.
12. Landscaping. Prior to a formal submittal of the project, conceptual landscape exhibits shall be
prepared in accordance with the General Requirements listed in Section 3 of the City of Carlsbad
Landscape Manual. All relevant information pertaining to the landscaping requirements and physical
barriers such as walls or fences must be plotted, labeled, dimensioned with the material detailed
within the exhibits. The Landscape Manual may be obtained at the Planning Division front counter or
found online at:
https:ljwww .ca rlsbadca .gov /home/showdocument?id= 7032
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13. Provide a line item calculation showing how the proposed lot coverage was calculated. The definition
of building coverage, CMC 21.04.061, lists all items to be included in the lot coverage calculation,
linked below.
https:ljlibrary.qcode.us/lib/carlsbad ca/pub/municipal code/item/title 21-chapter 21 04-
21 04 061
Below is an example of a line item calculation demonstrating how the lot coverage was calculated.
Footprint of Dwelling Unit 1 and 2:
Footprint of ADU 1:
Footprint of ADU 2:
Two-car garage/deck coverage:
Covered porch/balcony coverage:
Exterior staircase coverage:
Total Lot Coverage:
Total Lot Size:
Percent Lot Coverage:
XXXX Sq. Ft.
XXXX Sq. Ft.
XXXX Sq. Ft.
XXXX Sq. Ft.
XXXX Sq. Ft.
XXXX Sq. Ft.
XXXX Sq. Ft.
XXXX Sq. Ft.
XX%
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://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. 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.
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 within 6 months of the application date, with current owner.
Label and annotate all existing easements affecting the property on the site plan.
4. The project may require a certificate of compliance for lot legality. Please provide chain of title
documentation with the earliest deed that conveyed the property with the current legal description,
so the City can assess if this is required.
5. Please provide typical street cross sections for Madison Street and clearly show the existing right-of-
way, centerline and dimensions to the existing curb and existing sidewalk.
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6. Please provide detail for the removal and reconstruction of the joint use driveway and the secondary
driveway for ADA compliance.
7. The driveways shall conform to Section 3.15 of Volume 1 of the City of Carlsbad Engineering
Standards.
8. Please indicate the volume of grading (cut, fill, import, export, remedial) proposed for the project in
cubic yards. The remedial quantities shall be determined by the recommendations of a geotechnical
engineer.
9. Per CMC 15.16.060 a prelimina'ry analysis suggests this project may require a grading permit and
grading plan.
10. Please provide a conceptual grading plan, delineate existing and proposed contours, spot elevations
and the method for draining the facilities around the proposed ADU's and the addition per GS-15 and
CBC 18.04.4. Provide finish floor and pad elevations.
11. If any retaining walls will be utilized on the project site, please show top of wall and bottom of wall
elevations. Indicate maximum height of retaining wall, show footing and remedial excavation required
in cross sections.
12. Please provide bearing and distance for all property lines shown.
13. Please provide a vicinity map to the site plan.
14. Please show all existing utilities: water, sewer, storm drain, dry utilities and overhead lines in Madison
Street and laterals affecting the property.
15. Please delineate and annotate how sewer and water facilities will be provided to the proposed ADUs.
16. Please show existing topographic information within 15 feet of the property line, including fences,
walls, structures, contours, and existing utilities.
17. Removal of any trees within the City of Carlsbad tree inventory will require approval per CMC
11.12.090, show the existing trees and the disposition.
18. Please provide multiple cross-sections of the site to demonstrate differences in grade, including
adjacent properties, show existing ground, fences and existing adjacent structures. Also show
proposed improvements and any remedial excavation required and shoring needed to construct.
19. Please show the vertical datum and benchmark used for the existing contours shown on the site plan.
NGVD 29 datum for vertical control for all design elevations per city Engineering Standard Volume 1,
Chapter 2.
20. 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.
PRE 2023-0065 (DEV2023-0160)° 3580 MADISON ST UNITS
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Fire Department:
1. Based on the distance from the street, on-site fire access will not be required. Fire access will be taken
from Madison Street. All structures will require installation of NFPA13D residential fire sprinklers.
Building Division:
1. No comments.
Preliminary Review Questions
Site/General
1. We are planning to utilize the two existing driveways in order to keep the one existing parking space
for dwelling unit #1 (south driveway) and provide a new 2 car garage for dwelling #2, and two ADU
parking spaces (north driveway)
Please advise of any regulations we need to comply with, for us to be able to achieve this, such as
minimum driving aisle dimension (we currently have a 12' clearance), required dimension of curb cut
openings, etc.
Staff Response: Please see Planning comments #2 and #5.
If the development project meets public improvement requirements in accordance with CMC
18.40.040, the driveways would require removal and reconstruction for ADA compliance. Further,
the engineering plan would need a detail of the reconstruction of the joint use driveway on the north
and ensure design per Carlsbad Engineering Standards.
2. Are there any additional studies/reports required? Soils Report, etc.
Staff Response: A Historical Analysis of the structure to be demolished is required.
The proposed work requires a soils investigation which would indicate the construction means and
method of building proposed work and account for the soil conditions and overall recommendations.
3. Are there any Fire Access issues?
Staff Response: Please see Fire Department comments.
4. Do we need any kind of discretionary permits to demolish dwelling unit #2 and build it above dwelling
unit #1, as well as expanding the footprint of dwelling #1? A Site Development Permit or a Minor Site
Development Permit? What is the threshold?
Staff Response: Please see Planning comment #2 for required discretionary permits. Thresholds for
perri;litting requirements can be found in Chapter 6 of the Village and Barrio Master Plan, linked below.
https://www.carlsbadca.gov/home/showpublisheddocument/7950/637685893245300000.
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5. If we propose a tandem space for one of the dwelling units, can this tandem space be an open space?
(not in a garage)
Staff Response: Tandem parking is permitted, However, the parking for the main dwelling units is
required to be garaged. Chapter 2.6.1(8)(1) of the VBMP, states that surface parking shall be located
behind buildings and away from street frontages. Additionally, CMC 21.44.060(A)(4) details where the
vehicles can be parked in residential zones. Required parking shall not be located within the front yard
setback.
6. What will the engineering requirements be for this project?
Staff Response: Indicate the volume of grading (cut, fill, import, export, remedial) proposed for the
project in cubic yards and refer to CMC 15.16.060 whether a grading plan is required.
7. Do we need a trash area?
Staff Response: Yes, when a formal application submittal is made, please identify where the trash bins
will be kept for all dwelling units on the site plan.
8. What landscape requirements do we need to comply with?
Staff Response: Conceptual landscape plans are required to be submitted with a formal project
application. Please see project application requirements found on the Development Permits P-2 Form,
Part 8.1, included below. Landscape construction drawings will be required to undergo plan check
after the project receives Planning approval.
https:ljwww.carlsbadca.gov/home/showpublisheddocument/16155/638416218036070000
9. Is the proposed design of both structures compatible with the zone?
Staff Response: The proposed design will need to meet the requirements of Village and Barrio
Objective Design Standards (ODS). You will need to demonstrate compliance with the ODS with a
formal application submittal. The design proposed in the prelim seems to be most similar to the
Traditional Modern architectural style of the ODS, which is an allowed style in the Barrio Center
District.
10. What are the overlay zones for this property? And do any of them affect our project?
Staff Response: There are no overlay zones for this property.
11. Are we meeting the parking requirements? How many parking spaces are required in total? (Please
keep in mind existing dwelling unit #1 has currently only a one car garage that does not meet min.
interior dimensions requirements and does not meet setback, we are relocating it to voluntarily comply
with the zoning code, but we are keeping only the one current space, due to Jack of space, also,
dwelling unit #2 had only a one car carport, and we are proposing a two car garage for it)
Staff Response: Please see Planning comments #2 and #5.
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12. Is there anything we need to take into consideration regarding the closed alley in the back?
Staff Response: The alley that existed in the vicinity has been closed and developed. No considerations
are required unless an easement on title indicates otherwise.
13. Do we need any Right of Way permits?
Staff · Response: Right-of-way permits are required for any construction in the street. The
reconstruction of driveways would necessitate a right-of-way permit.
14. Do we need to do any public improvements? If so, do they need to be approved before the building
permit can be issued?
Staff Response: The driveway construction is considered public improvements and may be required if
the development meets the thresholds in the municipal code. If required, the improvements will need
to be approved prior to building permit issuance.
15. What parts of the Village & Barrio Masterplan do we need to comply with?
Staff Response: You must comply with all applicable parts of the Master Plan. Chapters 2, 6, and
Appendices A and E will be most relevant for this project.
New Multi Dwelling Structure
1. Is there a maximum FAR ratio?
Staff Response: No, Carlsbad does not use FAR as a development standard.
2. Will second floor overhangs count towards the max. Jot coverage?
Staff Response: Yes, per the municipal code definition of building coverage, CMC 21.04.061,
permanent structural elements protruding from buildings such as overhanging balconies, oriel
windows, stories which overhang a ground level story, garages and covered carports count towards
the maximum lot coverage. Please refer to the municipal code definition of building coverage
3. Will any of the proposed structures have to be sprinklered?
Staff Response: Please see Fire Department Comments.
4. Is the required side setback 5 feet for the dwellings and attached garages?
Staff Response: Yes, the side setback is 5-feet for the Barrio Center Supplemental District Standards
of the Village and Barrio Master Plan.
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5. Are there any side setback exemptions if we have a lot of width of 50'? (smaller than the minimum 60'
width for the area)
Staff Response: No, the lot will still need to provide 5-foot side setbacks.
6. Per Carlsbad Municipal Code, is this new duplex considered a multi dwelling or a two-family dwelling?
Or is it the same?
Staff Response: According to the Carlsbad Municipal Code, the duplex is considered a two-family
dwelling. Multiple-family dwellings are 3 or more attached dwellings.
7. Do we need to comply with any accessibility codes?
Staff Response: According to Section R320 of the California Residential Code, dwelling units in a
building consisting of three or more dwelling units or four or more condominium units shall meet the
requirements of the California Building Code Chapter 11A. Since each building contains only 2 dwelling
units, the residential buildings are not subject to accessibility requirements.
Please see the response to question #1 under Site/General regarding accessibility requirements for
the site.
8. Are we complying with the maximum density?
Staff Response: Yes, the maximum density allowed on the site is 15 dwelling units per acre of land.
That results in a maximum density of 2 dwelling units, not including the ADUs.
9. Per Barrio Center 2.7. 7 (A} front setback encroachments, if we are proposing a second-floor balcony
to serve as a covered porch for first floor unit, can we also propose a small roof encroachment for the
second story balcony? 2 or 3 feet into the front setback?
Staff Response: Roof eaves are allowed to encroach 2-feet into the required 15-foot front setback.
10. Are the required garages required to be enclosed on all four sides?
Staff Response: Yes, the garages are required to be enclosed on all four sides.
11. Will the exterior stairs also count towards the lot coverage?
Staff Response: Yes, per the definition of building coverage, exterior stairs count towards lot coverage.
12. Does the proposed roof deck need to meet section 2.6.2 (4)(b)?
Staff Response: Section 2.6.2(C)(4)(b) only applies if the roof deck is built to the maximum height of
the BC District, and the guardrail would be protruding past the height limit. The plans show the main
dwelling units built to 25-feet. The height limit of the BC District is 35-feet. Therefore, this section
does not apply to the project as proposed.
13. Do we need to comply with 2.7.7 Open/Private Space regulations?
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Staff Response: No, as proposed, the project does not fit into any Open Space category as both units
in the two-family dwelling are proposed on the same lot instead of one lot per dwelling.
14. Are there any other possible issues not mentioned here?
Staff Report: All other issues have been mentioned in Planning Comments. However, 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.
ADUs
1. Are the proposed detached ADUs allowed a maximum height of 18 feet?
Staff Response: Yes, on a lot with an existing or proposed multi-story, two-family dwelling, the ADU
shall be allowed a height up to 18 feet.
2 .. Can solar panels exceed this height?
Staff Response: Solar energy systems and skylights may exceed height, setback and area standards to
the minimum extent necessary for their safe and efficient operation, in accordance with the California
Building Code and other applicable provisions of state law or local ordinance.
3. Under BC permitted uses, is states Accessory Dwelling Units are only allowed if there is only one
dwelling unit on the Jot, please clarify.
Staff Response: Under State law, §65852.2(e)(l)(D)(i), not more than two accessory dwelling units
that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from
that multifamily dwelling, are allowed within a residential or mixed-use zone. Two-family dwellings
are considered multifamily dwellings under State law.
4. How is the 18' max height for ADUs measured?
Staff Report: Please see the City's Guide To Measuring Building Height, provided below.
https:ijwww.carlsbadca.gov/home/showpublisheddocu ment/268/637 425976538130000. . -
5. Are we meeting all the State/Zone requirements for the proposed ADUs?
Staff Report: This will be determined during a formal application submittal. Dimensioned elevations
and sections will need to be provided to confirm building height is being met.
Misc.
1. For this area, what are the setbacks for the detached garage?
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Staff Response: The plans do not show a detached garage. However, detached garages are required
to have a 15-foot front setback for side-loaded garages, 20-feet for front-loaded, 5-foot side setbacks,
and a 10-foot rear setback. Detached garages within a setback are required to have a front yard
setback of 20-feet, a rear yard setback of 5-feet, and a side yard setback of 5-feet. A 10-foot separation
is required between a detached garage and any residences.
2. If we were to propose a detached garage with an ADU above it, does the ADU need to be placed
entirely over the detached garage? Can it extend beyond it?
Staff Response: An ADU above a detached garage may cantilever over the edge of the garage.
However, an ADU cannot extend over another detached structure that is not a garage.
3. Do carports count towards the lot coverage?
Staff Report: Yes, carports count towards lot coverage.
If you would like to schedule a meeting to discuss this letter with the commenting departments, please
contact Edward Valenzuela at the number below. You may also contact each department individually as
follows:
• Planning Division: Edward Valenzuela, Associate Planner, at (442) 339-2624
• Land Development Engineering: Linda Ontiveros, Project Engineer, at (442) 339-2773
• Fire Department: Randy Metz, Fire Inspections, at (442) 339-2661
• Building Division: Mike Strong, Assistant Community Development Director, at (442) 339-2721
Sincerely,
ERIC LARDY, AICP
City Planner
EL:EV:ES
c: MTW Properties LLC, 2061 Cima Court, Carlsbad, CA 92009
Linda Ontiveros, Project Engineer
Fire Prevention
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