HomeMy WebLinkAboutPRE 2024-0049; RINCON CVD - SB 330; Preliminary Review (PRE)Docusign Envelope ID: F0B98815-06DC--4278-f ·F0AE42A91BBF
(city of
Carlsbad
Preliminary Housing Development
(SB-330) Pre-Application
P-32
~ SUBMITTAL INFORMATION
CITY OF CARLSBAD
AUG 19
1635 Faraday Avenue
(442) 339-2600
www.carlsbadca.gov
Refer to 1B-132 for 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
Ji[ 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.
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 on line, in-person or
dropped off at 1635 Faraday Avenue for processing.
PHOTOGRAPHS
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
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
Ji[ 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.
ls: 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-Appllcation (11/2021) Page 1 of 5
Oocusign Envelope ID: FOB98815--06DC-4278-' ·FOAE42A91 BBF
0 PRELIMINARY APPLICATION FORM
APPLICATION TYPE (CHOOSE ONE)
)( Preliminary Housing Development (SB-330) D Affordable Housing Streamlined Approval (SB-35)
PROPERTY INFORMATION
Property Address:
Assessor Parcel Numbers (APN):
840 Carlsba_d Village Drive
203-354-15
Project Data # Existing # to be Demolished If so,# Occupied
Resldentlal Units -Number: 0 0 N/A
Residential Units -Floor Area (Sq. Ft.):
Nonresidential -Floor Area (Sq. Ft.): 5,500 (former bank) 5,500 0
Existing Uses/Site conditions (Describe in detail existing uses/physical conditions on the site.)
The site is currently vacant. Previously, the property was the site of a union bank. The bank closed in 2023.
PROPOSED PROJECT INFORMATION
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 ta the property)
Demolitio_n o!_!o!_f!l~~-~a!_l_k bui_ldin~ ~-n~.i~?~struction oy a_ ~--~J?_ry" -~ixed u~~ e!?j_~~t ~_on~_i_sti!_lQ __ o!_50_ m~ltif~~ily _units
and 3,694 SF of ground floor retail space.
-----
Subdivision (any approvals under the Subdivision Map Action being requested ond if so, describe) )(YES □ NO
__ I en_tative. p~r~~_l_ !11.§IP __ for condo_m_i_~ i_l:11!'. _purpose5:'. __
Housing Units Market Rate -lnclusionary Density Bonus1 Below Marketi Project Total
Total number: 26 8 16 50
---------------------
Unit size (sf min): 944 876 944 --------
Unit size (sf max): 2,233 1,228 2,233 -
Affordability level: N/A Very LO',,V & __ ~o_-:i_~(al~ N/A
-------
TOTAL SQ. FT. 68,180
11f Density Bonus being utilized, include completed form P-llH). Please refer to IB-112 for add1t1onal information on requested
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 oreo and square footage of all structures) YES D NO
3,694 SF ~f ~round floor retail space within the Villag":_Center district of_~he Village and_Barrio Ma~_~e_~ Plan.
Residential Non-Residential TOTAL I Any parking reductions
requested pursuant to Section
65915[p] need to be included in
~~!!:;;.-'C::::,:::.,:,,:~"-----""",::e:::,::,__r=,:,,:,:e,:::0:::::::.,,-....:.::.;_c=._-,
1
Form P-l(H). See Gov. Code§
__ 65941.l(a)(ll)
Standard Parking
Stall Count 52 0 52
Electric Vehicle Parking Residential Non-Residential TOTAL
Stall Count 3 J --1. 3
P-32_Preliminary Housing Development Pre-Application (11/2021) Page 2 of 5
Docus1gn Envelope ID: F0B98815-06DC-4278-' ·F0AE42A91 BBF
f) SPECIFIC SITE FEATURES
Indicate if any portion of the property includes any of the following environmental, historic, or cultural resources. Submittal
must 1nclude supporting documentation, reports and/or analysis.
SITE CONSTRAINTS
Does the site contain any of the following (provide documentation for "yes" responses): YES NO N/A
1. A very high fire hazard severity zone, as determined by the Department of Forestry and □ )( ~
Fire Protection pursuant to Gov. Code Section 51178?
2 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
3. 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
4. (100-year flood) as determined by the Federal Emergency Management Agency in any □ )( □
official maps published by the Federal Emergency Management Agency?
A deHneated earthquake fault zone as determined by the State Geologist in any official
maps published by the State Geologist, unless the development complies with applicable
s. 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
6. pursuant to Chapter 6 {Section 1600) of Division 2 of the Fish and Game Code (Attach a □ Ji( □
biological technical report prepared by a qualified biologist?
7. Any proposed point sources of air or water pollutants? □ )( □
8. Any species of special concern known to occur on the property? C )( □
Any historic or cultural resources known to exist on the property (Attach a cultural and
9. historic resources report prepared by a qualified professional (historian and/or □ J:i( □
archaeologist)
COASTAL ZONE
If located within the coastal zone, indicate if the site contains any of the following: YES NO N/A
Wetlands, as defined in subdivision (b) of Section 13577 of Title 14 of the California Code
1.
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 □ J:i( □
contains a defined wetland.
2. Environmentally sensitive habitat areas, as defined in Section 30240 of the Public □ )i □
Resources Code
3. A tsunami run-up zone □ )( □
4. Use of the site for public access to or along the coast □ J:i( □
P-32_Preliminary Housing Development Pre-Application (11/2021) Page 3 of 5
Docus1gn Envelope tD: F0B98815-06DC-4278--F0AE42A91 BBF
• PROPERTY OWNER/APPLICANT AFFIDAVIT
Under penalty of perjury the following 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 3S, 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:
Address:
Signature:
SJM Carlsbad, LLC Attn: Evan Salem
1855 San Diego Avenue San Diego, CA
(:D<>cuSl(lned t>y:
·LW::c=:
APPLICANT □ Same as above
Name: 840 CVD, LLC
Email:
Phone:
Date:
Email:
Address: 5315 Avenida Encinas, Suite 200 Carlsbad, CA Phone:
Signature: .r~ ;r~tl Date: ~ 1 7CB54B1
esalem@hiesandiego.com
619-238-5454
8/23)2024''
jfrankel@rincongrp.com
925-708-3638
8/23/2024
City Staff Only Project No.: l'll.~tot'i -0041\ Development No.: O~ Z,/Jt'-1-OU o '-I
App. Vesting Date:
Staff Name: AL.~ Pl:\.~Hltr" Staff Signature: A, .. Date: ti-Z"l_-1..."L"f
P-32_Preliminary Housing Development Pre-Application (11/2021) Page 4 of 5
Docusign Envelope ID: F0B98815-06DC-4278-' -F0AE42A91 BBF
0 DISCLOSURE DOCUMENTS
Before the application can be accepted, the owner of each property involved must provide a signature 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 service 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. If 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 5 of 5
August 28, 2024
City of Carlsbad
Planning Division
1635 Faraday Ave
Carlsbad, CA 92008
SJM Carlsbad, LLC
1855 San Diego Avenue
San Diego, CA 92110
CITY OF CARLSBAD
AUG 2 9 2024
PLANNING DIVISION
Re: Letter of Authorization for Submittal of Planning Applications at 840 Carlsbad Village Drive
To Whom It May Concern:
SJM Carlsbad, LLC is the owner ofthat real property located at 840 Carlsbad Village Drive in the
City of Carlsbad (the "Property").
This letter hereby provides confirmation that Evan Salem, as Managing Member, has authority
to execute any and all planning or entitlement applications associated with the development of
the Property on behalf of ownership. See attached excerpt from section 1.23 of the SJM
Carlsbad LLC Operating Agreement, which states that the Manager of the Company is Evan
Salem.
Sincerely,
SJM CARLSBAD, LLC
BY:
Paul M. Jo na, Trustee, Jonna Family Trust
Member, SJM Carlsbad LLC
1
DocuSlgn Enve!ope ID: DACCDB49-0B1A-4027-9856•83228909EAD1
1.13. "Encumbrance" means, with respect to any Membership Interest, or any
element thereof, a mortgage, pledge, security interest, lien, proxy coupled with an interest (other
than as contemplated in this Agreement), option, or preferential right to purchase.
1.14. "Fiscal Year" shall mean the Company's fiscal year, which shall be the calendar
year.
1.15. "Gross Asset Value" means, with respect to any item of property of the
Company, the item's adjusted basis for federal income tax purposes, except as follows:
1.15.l The Gross Asset Value of any item of property contributed by a Member
to the Company shall be the fair market value of such property, as mutually agreed by
the contributing Member and the Company; and
1.15.2 The Gross Asset Value of any item of Company property distributed to
any Member shall be the fair market value of such item of property on the date of
distribution.
1.16. "Initial Member" or "Initial Members" means those Persons whose names are
set forth in the first sentence of this Agreement. A reference to an "Initial Member" means any
one of the Initial Members.
1.17. "Involuntary Transfer" means, with respect to any Membership Interest, or any
element thereof, any Transfer or Encumbrance, whether by operation of law, pursuant to court
order, foreclosure of a security interest. execution of a judgment or other legal process, or
otherwise, including a purported transfer to or from a trustee in bankruptcy, receiver, or assignee
for the benefit of creditors.
1.18. "Leases" is not operative in this transaction.
1.19. "Lender" shall not be referenced herein as there is no Lender.
1.20."Loan" shall not be referenced herein as there is no Loan.
1.21. "Losses." See "Profits and Losses."
1.22. "Majority of Members"/ "Majority-in-Interest" means a Member or Members
whose aggregate Percentage Interests represent more than 50 percent of the Percentage Interests
of all the Members.
1.23. "Manager" shall refer to Evan Salem ("Salem") who shall be the Manager of
the Company. The Manager, when acting in that capacity, may be individually referred to herein
as a "Manager." The Manager shall remain as Manager unless and until he has resigned, dies,
been removed from office or until his successor has been duly elected and qualified. Thereafter,
Operating Agreement for SJM Carlsbad, LLC Page3
Aerial Site Photograph
Cf'TYOF CARLSBAD
AUG 2 9 2024
PLANNING DIVISION
PRELIMINARY REPORT
YOUR REFERENCE:
EXHIBIT "A"
LEGAL DESCRIPTION
Chicago Title Company
ORDER NO .. 00201746-005-MCU-CFU
CITY OF CARLSBAD
AUG 2 9 2024
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 1·
THE EAST HALF OF LOTS 1 THROUGH 4 INCLUSIVE, IN BLOCK 56 OF CARLSBAD, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 775, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15, 18g;r--
EXCEPT THEREFROM ANY PORTION LYING WITHIN THE WEST 70.00 FEET OF SAID LOTS.
PARCEL 2
LOTS 5 THROUGH 11 INCLUSIVE, IN BLOCK 56 OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 775, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15, 1894.-
APN: 203-354-15-00
CLTA Preliminary Report Form -Modified (11117106) Page 3