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HomeMy WebLinkAboutPRE 2024-0050; RINCON ROOSEVELT - SB 330; Preliminary Review (PRE)CITY OF CARLSBAD Docusign Envelope ID: FAA20464-648E-4824-8E89-5DE789403F78 All~ ,j.n """' ( City of Carlsbad Preliminary Housing Development (SB-330) Pre-Application Community Development Dept. I" LANN I NG Wo\lliIDN,;5;00 1635 Faraday Avenue (442) 339-2600 www.carlsbadca.gov Refer to I B-132 for information P-32 C-i= SUBMITTAL INFORMATION All forms must be completed, signed, and submitted as a PDF attachment to your submittal. Please refer to info- bulletin 1B-132 for additional information. APPLICATION & PAYMENT ISl Application & Materials Provide an electronic copy of your application and required documents on a flash drive or a CD. All items, including additional pages, supporting documents, studies, plans, and reports, must be saved as individual PDFs and labeled accordingly. !St Fees Payment of fees is required for all pre-applications. Payment via check, electronic check, or credit card is required before project review or processing. Once the application is submitted, city staff will follow up electronically with an invoice for the total fee amount. Fees may be paid online, in-person or dropped off at 1635 Faraday Avenue for processing. PHOTOGRAPHS ISl Aerial Site Photograph Provide aerial photographs showing existing site conditions of environmental site features that would be subject to regulations by a public agency, including creeks and wetlands. LEGAL DESCRIPTION li1 Legal Description Include a legal description of the specific location. The best place to find a legal description is usually the most recent deed to the property. PLANS r;;/ Condensed Site Plan Provide a site plan showing the location on the property. Show the location of any recorded public easement, such as easements for storm drains, water lines, and other public rights of way. Indicate location of any stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code. Please attach a separate site plan and elevations on a digital sheet size of minimum 8 ½-inches by 11-inches and maximum 11-inches by 17-inches. [SY Condensed Elevations Provide elevations showing design, color, and material, the building height and massing, and approximate square footage of each building. P-32_preliminary Housing Development Pre-Application {11/2021) Page 1 of 5 Docusign Envelope ID: FAA2D464-648E-4824-BEB9-5DE7894D3F7B 0 PRELIMINARY APPLICATION FORM APPLICATION TYPE [CHOOSE ONE) !Si Preliminary Housing Development (SB-330) D Affordable Housing Streamlined Approval {SB-35) PROPERTY INFORMATION Property Address: Assessor Parcel Numbers (APN): Project Data Residential Units -Number: Residential Units -Floor Area (Sq. Ft.): Nonresidential -Floor Area (Sq. Ft.): 2747 -2775 Roosevelt Street 203-101-12; 203-181-16; 203-181-10 # EKisting 8 4,000 1,735 # to be Demolished 8 4,000 1,735 Existing Uses/Site conditions (Describe in detail existing uses/physical conditions on the site.) Exis~ing 8 unit m~lti_~tar:nily apa!1~~nt buildi~~-a_nd rea_l ~~~~t_e offi~e. PROPOSED PROJECT INFORMATION If so,# Occupied 7 Please attach additional pages/supporting documentation that help completely answer the questions listed below. Proposed Project (Describe in detail scope of the proposed project and major physical alterations to the property) Mixed use project inclu_~ing the construction of 33 multi-fa~i!_y dw~llin_~ _u_~its and ~pproxima_tely -~tey_q9 SF o~ r~_ta_i_l uses _[n -~ 49' four_!it~_ry str_l:!cW~~--- Subdivision (any approvals under the Subdivision Map Action being requested and if sa, describe) Housing Units Market-Rate lnclusionary Density Bonus1 Below Market' Project Total Total number: 25 5 3 33 .. -------' - Unit size (sf min): 1,098 750 -1,098 -- Unit size (sf max): 2,441 750 2,441 Affordability level: N/A N/A TOTAL SQ. FT. 36,024 11f Density Bonus being ut11iied, include completed form P-l{H). Please refer to IB-112 for add1t1onal information on reqllested incentives, concessions, waivers, or parking reductions; 2Affordbale units in excess of inclusionary standards. Non-Residential (does the project include non-residential uses and if so, provide use categories under the city's zoning, floor area and square footage of all structures) l¥ YES D NO }:\~p~_oxi!'fl~tely_ 3,499 SF of r~!a_il uses __ ir'! __ ~hree c_o~_merci~I -~p_aces wi~~in the y__c:; ~istrict _ of the villa_ge and barrio master plan. I Any parking reductions -requested pursuant to Section Standard Parking Residential Non-Residential Stall Count 43 I 0 TOTAL 43 TOTAL 6591S[p) need to be included in _:c:c:;::::;_.::;::,::;:c..:.:::;:::,:,.__ ___ -"'c:::;:c:;::;:;c_-,...:.:;:.:.c.:;;;.=;c:.c::;:;-,--...:.::.;;.:=..._, 1 Form P-l(H). See Gov. Code§ 3 . . 65941.l(a)(ll) Electric Vehicle Parking Residential Non-Residential Stall Count 3 I J P-32_Preliminary Housing Development Pre-Application (11/2021) Page 2 of 5 Docusign Envelope ID: FAA2D464-648E-4824-BEB9-5DE7894D3F78 8 SPECIFIC SITE FEATURES Indicate if any portion of the property includes any of the following environmental, historic, or cultural resources. Submittal must include supporting documentation, reports and/or analysis. SITE CONSTRAINTS Does the site contain any of the following (provide documentation for "yes" responses): 1. ,. 3. 4. 5. 6 7. 8. 9. A very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuantto Gov. Code Section 51178? Wetlands, as defined in the US Fish and Wildlife Service Manual, Part 660 FW 2? A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code? A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency? A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the CA Building Standards Commission under the CA Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (Section 8875) of Div. 1 of Title 2? A stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 {Section 1600) of Division 2 of the Fish and Game Code (Attach a biological technical report prepared by a qualified biologist? Any proposed point sources of air or water pollutants? Any species of special concern known to occur on the property? Any historic or cultural resources known to exist on the property (Attach a cultural and historic resources report prepared by a qualified professional (historian and/or archaeologist) COAST AL ZONE If located within the coastal zone, indicate if the site contains any of the following: 1. 2. 3. 4. Wetlands, as defined in subdivision (b) of Section 13577 of Title 14 of the California Code of Regulations. A Wetlands Delineation Report my be required following the filing of the application requesting approval of a discretionary action in the Coastal Zone if the site contains a defined wetland. Environmentally sensitive habitat areas, as defined in Section 30240 of the Public Resources Code A tsunami run-up zone Use of the site for public access to or along the coast P-32_Preliminary Housing Development Pre-Application (11/2021) YES □ □ □ □ □ □ □ □ □ YES □ □ □ NO )!( !)( )!( NO □ □ □ □ N/A □ □ □ □ C □ □ □ □ N/A Page 3 of 5 Oocusign Envelope ID: FAA20464-648E-4824-BEB9-SDE789403F7B • PROPERTY OWNER/APPLICANT AFFIDAVIT Under penalty of perjury the fallowing declarations are made: 1. I hereby certify, that all statements contained in this pre-application and any accompanying documents are true and correct, with full knowledge that all statements made in this pre-application are subject to investigation and that any false or dishonest answer to any question may be grounds for denial or subsequent revocation of the deemed complete status. 2. I understand this pre-application is not a development application that authorizes an entitlement and is strictly for the purposes of Senate Bill 330, the Housing Crisis Act of 2019; or Senate Bill 35, the Affordable Housing Streamlined Approval Process of 2017. 3. I understand and agree that any report, study, map or other information submitted to the city in furtherance of this pre- application will be treated by the city as public records which may be reviewed by any person and if requested, that a copy will be provided by the city. 4. I understand that if this pre-application cannot be submitted and deemed complete by staff at the submittal appointment, there is no refund of fees paid. 5. I understand and agree to defend, indemnify, and hold harmless, the City of Carlsbad, its officers, agents, employees, and volunteers (collectively "city"), from any and all legal actions, claims, or proceedings (including administrative or alternative dispute resolution and Public Records Act requests (collectively "actions"), arising out of any city process or approval prompted by this Action, either in whole or in part. Such actions include but are not limited to: actions to attack, set aside, void, or otherwise modify, an entitlement approval, environmental review, or subsequent permit decision; actions for personal or property damage; actions based on an allegation of an unlawful pattern and practice; inverse condemnation actions; and civil rights or an action based on the protected status of the petitioner or claimant under state or federal law (e.g. ADA or Unruh Act). I understand and agree to reimburse the city for any and all costs incurred in defense of such actions. This includes, but it not limited to, the payment of all costs (including litigation costs, administrative record preparation, public records act responses) and attorneys' fees, all judgments or awards, damages, and settlement costs. The indemnity language in this paragraph is intended to be interpreted to the broadest extent permitted by law and shall be in addition to anyother indemnification language agreed to by the applicant. 6. If the applicant is not the Property Owner, both the Property Owner and Applicant must sign this affidavit. By signing this affidavit, the Property Owner authorizes the Applicant listed in this application to act as the Property Owner's agent on all matters in connection with this application. The city requires original signatures below -the signatures do not need to be notarized. PROPERTY OWNER Name: The Dewhurst Family Revocable Trust date March 13, 1990 Email: davedewhurst63@icloud.com Address: 3425 ~R.!il"Wt Drive Carlsbad, CA 92008 Phone: 619-247-8175 Date: 8/27/2024 Signature: • ··-fd2~;-==c_s:-J:.~ ·- D.avid~g€,°~ffccessor TruSi:"ee ·of the Dewhurst Family Revocable Trust dated March 13, 1990 [SEE EX. "A" FOR ADDIT. PROPERTY OWNER SIGNATURES] APPLICANT □ Same as above Name: 2747 Roosevelt, LLC Address: 5315 Avenida Encinas. Suite 200 Carlsbad, CA Sigcatoc"' A .fA/'J. City Staff Only App. Vesting Date: Project No.: j)ll("J..n'-i -OUli" Email: Phone: Date: jfrankel@rincongrp.com 925--708-3638 Development No.: QINl,<11-3 -O 1 o S Staff Name: A \,,l?'lt: fn..~'"fl.-tr' StaffSignature: ~ P-32_Preliminary Housing Development Pre-Application (11/2021) Page 4 of S Docusign Envelope ID: FAA20464-648E-4824-BEB9-5DE7894D3F7B C, DISCLOSURE DOCUMENTS Before the application can be accepted, the owner of each property involved must provide asignature to verify the pre-application is being filed with their consent. Staff will confirm ownership based on the records of the city or county assessor. In the case of partnerships, corporations, LLCs or trusts the agent for seivice of process or an officer of the ownership entity so authorized may sign as stipulated below. • Ownership Disclosure. Include current signature authorization for the person or persons signing the application. For a corporation, a chairman, president or vice-president AND a secretary, assistant secretary, CFO or assistant treasurer must sign. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. For an LLC, attach an official paper listing the individual as a Member of the LLC with sole authority to bind the organization. For a partnership, attach an official document identifying the individual as a general partner with sole authority to execute documents on behalf of the limited partnership. A letter of authorization, as described below, may be submitted provided the signatory of the letter is included in the Ownership Disclosure. Include a copy of the current partnershipagreement, corporate articles, or trust document as applicable. • letter of Authorization {LOA). A LOA from a property owner granting someone else permission to sign the pre-application form may be provided if the property is owned by a partnership, corporation, LLC or trust or in rare circumstances when an individual property owner is unable to sign the pre-application form. To be considered for acceptance, the LOA must indicate the name of the person being authorized to file, their relationship to the owner or project, the site address, a general description of the type of application being filed and must also include the language in items a-c below. In the case of partnerships, corporations, LLCs or trusts the LOA must be signed by the authorized signatory as shown on the Ownership Disclosure or, in the case of private ownership, by the property owner. Proof of Ownership for the signatory of the LOA must be submitted with said letter. • Grant Deed. Provide a copy of the Grant Deed if the ownership of the property does not match city or county assessorrecords. The Deed must correspond exactly with the ownership listed on the application. • Multiple Owners. 1f the property is owned by more than one individual (e.g. John and Jane Doe or Mary Smith and Mark Jones) signatures are required of all owners. a. I hereby certify that I am the owner of record of the herein previously described property located in the City of Carlsbad which is involved in this pre-application or have been empowered to sign as the owneron behalf of a partnership, corporation, LLC or trust as evidenced by the documents attached hereto. b. I hereby consent to the filing of this pre-application on my property for processing by the City of Carlsbad Planning Division for the sole purpose of vesting the proposed housing project subject to the zoning ordinances, policies, and standards adopted and in effect on the date that this pre-application is deemed complete. Further, I understand that this pre-application will be terminated and vesting will be forfeited if the housing development project is revised such that the number of residential units or squarefootage of construction increases or decreases by 20 percent or more, exclusive of any increase resulting fromthe receipt of a density bonus, incentive, concession, waiver, or similar provision, and/or an application requesting approval of an entitlement is not filed with the City of Carlsbad Planning Division within 180 days ofthe date that this pre-application is deemed complete. P-32_Preliminary Housing Development Pre-Application (11/2021) Page S of 5 Docusign Envelope 10: FAA2D464--648E-4824-BEB9-5DE7894D3F7B Exhibit" A" CITY OF CARLSBAD AUG 19 2024 PLANNING DIVISION To: Preliminary Housing Development (SB-330) Pre-Applicaiton P32 for 2747 -2775 Roosevelt Street, Carlsbad Page 4 (Continued) Additional Property Owner signatures: 8/27/2024 Dated: August_, 2024 Douglas G. Dewhurst, Successor Trustee of the Dewhurst Family Revocable Trust dated March 13, 1990 8/27/2024 Dated: August_, 2024 Donna Doyle, Successor Trustee of the Dewhurst Family Revocable Trust dated March 13, 1990 Order No. 00194723-993-SDZ·CFU Policy No. CA-FBSC-1~rff7~)'f=2t:f!,R_~f§'BAQ EXHIBIT A AUG 2 9 2024 LEGAL DESCRIPTION PLANNING DIVISION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS PARCEL A: APN 203-101-11 INTENTIONALLY OMITTED PARCEL B: APN 203-101-12 THE NORTHEASTERLY HALF OF THE NORTHWESTERLY HALF OF LOT 29 OF SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. JULY 28, 1921. THE SOUTHEASTERLY LINE OF SAID NORTHWESTERLY HALF BEING PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT. PARCEL C: APN 203-181-10 THAT PORTION OF LOT 30 OF SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 28, 1921, LYING NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE SOUTHWESTERLY 162.7 FEET OF SAID LOT 30. EXCEPTING THEREFROM THE SOUTHEASTERLY 60.3 FEET THEREOF. PARCEL D: APN: 203-181-16 PARCEL 2 OF PARCEL MAP NO. 1339, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 23, 1973 AS FILE NO. 73-048297 OF OFFICIAL RECORDS. APN: 203-101-12-00, 203-181-10-00 & 16-00 72472 Cl TA Standard Coverage 1990 (04-08-14) Page 8 © California Land Title Association. All rights reserv&c:I. The use of this Form is restricted to Cl TA subscribers in good standing as of the date of use, All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. 2747 -2775 Roosevelt Site Aerial CITY OF CARLSBAD AUG 19 2024 PLANNING DIVISION ORDER# APN Name Street Address City State z,, RECORDING REQUESTED BY WHEN RECORDED MAIL TO: SPACE P..BOVE THIS UNE IS FOR RECORDER'S USE Certification of Trust (Callfomia Probate Code Section 18100.5) CITY OF CARLSBAD The undersigned, being of legal age, declare(s) under penalty of perjury: AUG 2 9 2024 1 Oeclarant(s) certifies the existence of the following described Trust and stales that he/she/they are Tif¼_b.e~q.J(l"~,Qt Trustees. Name of Trust: DEWHURST FAMILY TRUST dated MARCH 13, 1990 NJVJNl:i DIVISION Date ofTrust: MARCH 13, 1990 Trustor/Settlor(s): DONALD K. DEWHURST and LAEL J. DEWHURST (both deceased) Present Trustee(s): DONNA DOYLE, DAVID R. DEWHURST and DOUGLAS G. DEWHURST 2. Oeclarant(s) state(s) that the Trust is in full force and effect and has not been revoked, terminated, or otherwise amended in any manner which would cause the representations in this Certification to be incorrect. The name(s) of all persons who have any power to revoke the Trust are: N/A -Trust is irrevocable 3. Declarant(s) state(s) that the following named Trustee(s) is/are fully empowered to act for said Trust and is/are properly exercising his/her/their authority Linder said Trust in negotiating for, contracting for, and executing the document(s} attached hereto, or set forth below, and that no Trustee(s) other than the following named Trustees are necessary under the Trust to sign said document(s): Name ofTrustee(s) Authorized to Sign: DONNA DOYLE or DAVID R. DEWHURST or DOUGLAS G. DEWHURST Name of Oocument(s): ______ __,o,eaed"1!sca•nad,._.alcleo1hJIBO>'>'''"'"cdeoac.iluemaeanat,s _______________ _ 4. Declarant(s) state(s) that to the best of his/her/their knowledge, there are no claims, challenges or any kind or causes of action alleged, contesting or questioning the validity of the Trust or the Trustee's authority to act for the Trust 5. This Declaration is prepar Signed executed pursuant to California Probate Code Section 18100.5. enalty of perjury this day, March 7, 2023 / __ _ A mm,~ pub he u, other oftker .:ompktmi; this c.:ruficau: verities onl:, the 11:kntity of1h~ md1vidual who signed the documem to which this ccrti!icat~ is anachcd. and not the truthfulness. accuracv. or validilv oftha1 document. STATE OF CALIFORNIA COUNTY OF SAN DIEGO I ) ss. I On MARCH 7. 2023, before me, MICHAELP. MCCARTHY.JR., NotarJ Public. personally appeared DONNA DOYLE, DAVID R. DEWHURST and DOUGLAS G. DEWHURST and DONNA DOYLE, who pro\fed to me on the basis of satisfactory evidence to be the perwn(s) whose name(s) are subscribed to the within instrument and acknow1edged to me that they executed the same in their authorized capacity(ies), and that by their signature(s) on the instrument the person(s) or the entity L.1pon behalf of which the person{s) acted. executed the instrument. \ certify under PENAL 1Y OF PERJURY under the laws of the state of Califomiathat the foregoing paragr.iph is true and correct WITNESS my hand and official seal. ~ v½,:~ (? ~--)'¥= - MICHAEL P MCCARTHY, JR., Notary Public (Seal)