HomeMy WebLinkAboutPRE 2024-0026; PI TOWNHOME - SB 330; Preliminary Review (PRE)Community Development Dept.
(City of
Carlsbad
Preliminary Housing Development
(SB-330) Pre-Application APR 11 IOZL
Planning Division
1635 Faraday Avenue
{442) 339-2600
www.carlsbadca.gov
_Refer to 1B-132 for information P-32
§ SUBMITTAL INFORMATION
All forms must be completed, signed, and submitted as a PDF attachment to your submittal. Please refer to info-
bulletin IB-132 for additional information.
APPLICATION & PAYMENT
D Application & Materia Is
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 online, 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
D 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 stream bed 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-\nches.
D 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
0 PRELIMINARY APPLICATION FORM
APPLICATION TYPE (CHOOSE ONE}
l2'l Preliminary Housing Development (SB-330) D Affordable Housing Streamlined Approval (SB-35)
PROPERTY INFORMATION
Property Address: 0 Ponto Drive ·------·----------···--------·---·""---~ ···----·-··--------""----...... , _____ ,,, ___ _
Assessor Parcel Numbers (APN): 216-140-43-00
Project Data # Existing # to be Demolished If so, #I Occupied
Residential Units -Number: 0 0 0
Residential Units -Floor Area (Sq. Ft.): 0 0 0
Nonresidential -Floor Area (Sq. Ft.): 0 0 0
Existing Uses/Site conditions {Describe in detail existing uses/physical conditions on the site.)
Vacant Land
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 to the property)
Construction of 122 townhomes, rowhomes, and triplexes with a -s000sf clubhouse and pool and approximately -16,G00sf of
--~""'--····--···--------~ ..... -------------~------.. -------~
restaurant/retail uses. The project site improvements include, but are not limited to, sewer, water, storm drain, and dry utility. The
_ .. ___ Pr"0ject includes any associated--;:·ntitlements such as coP-~SffP, and LCP Amendment.
Subdivision (any approvals under the Subdivision Map Action being requested and if so, describe) QI YES □ NO
Lot line adjustment
Housing Units Market-Rate lnclusionary Density Bonus1 Below Market' Project Total
Total number: 122
Unit size (sf min):
___ 10_3 -··-----"• __ , ___ :_2 -·~-+~--~7_
1100 • 1100 ----~------+---------
1100
Unit size (sf max): 2124
Affordability level: N/A
TOTAL SQ. FT.
1lf Density Bonus bemg utilized, include completed form P-l(H). Please refer to ~ for add1t1onal mformat1on on requested
incentives, concessions, waivers, or parking reductions; 'Affordbale 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) [}( YES □ NO
-16,G00sf of restaurant/retail use and -5000sf of clubhouse/leasing defined as an accessory use to the residential project
Standard Parking
Stall Count
Electric Vehicle Parking
Stall Count
Residential Non-Residential TOTAL
P-32_Preliminary I-lousing Development Pre-Application (11/2021) Page 2 of 5
f) 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.
2.
3.
4.
5.
A very high fire hazard severity zone, as determined by the Department of Forestry and
Fire Protection pursuant to 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
slte 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 ofTitle 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
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?
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
archaeologist}
COASTAL ZONE
1f 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 ofTitle 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
OCJ
OCJ
Kl
OCJ
Ill
Ill
NO
Ill
□
Ill
N/A
□
□
□
□
□
□
□
□
'.]
N/A
□
□
□
□
Page 3 of 5
C, 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, wlth 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. ! 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 wlll be treated by the city as public records which maybe 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 al\ 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: Ponto Investments llC Email:
Address: 7577 Mission Valley Road, San Diego, CA 92108 Phone:
Slgnatur
Signature:
APPLICANT Kl Same as bove
Name:
Date:
Date:
Email:
Address: ____ Phone:
Signature: ________ Date:
rwebb@hgfenton.com
City Staff Only
App. Vesting Date:
Prnject No., PR~ 'h\,i--oo'\-b Oe,elopmeot No., 0 EV ?-oi-4-ooso
Staff Name: °J"'vf[yrJ CJ.J,.~8,id,lf.\,/ Staff Signature~
P-32_Preliminary Housing Development Pre-Application (11/2021) Page 4 of 5
•• •
DocuSign Envelope ID: 3A7940B2-734F-442F-A6! ;599CA667BA
CERTIFICATE OF SECRETARY
H.G. FENTON PROPERTY COMPANY
APR Z 2 2024
1, Michelle Booth, am currently the duly qualified and elected Executive Vice President,
Administration, and General Counsel and Secretary of H.G. Fenton Property Company, a California
corporation, organized and existing in good standing under the laws of the State of California
("Corporation"), and I make the following certifications in my capacity as Sccretar)'.
I. The following are true and correct excerpts of resolutions duly adopted by the Board
of Directors of the Corporation at a meeting held on June 8, 2023:
Election of Officers
RESOLVED, the following persons are elected to the offices set forth opposite their respective
names effective June 8, 2023:
Michael Neal
Robert Gottlieb
Michael Praggastis
Kaitlin Payne
Michelle Booth
Jeffrey DiltL
Alex Winborn
Tiffani Schuh
President, Chief Executive Officer
Chief Financial Officer (as of January I, 2024, "Vice President
Financial Strategy & Risk Management'')
Executive Vice President, Investments, New Markets &
Strategic Planning
Vice President, Employee Lifestyle
Vice President, General Counsel & Secretary (as of June 15,
2023, "Executive Vice President, Administration")
Vice President, Commercial & Acquisitions (as of January ],
2024, Chief Financial Officer")
Vice President, Residential Asset Management
Director, Shareholder Affairs & Assistant Secretary
Signatures on Corporate Documents
RESOLVED, any two officers, acting together, are authorized to sign documents for the
purpose of opening or closing bank accounts, investing funds, borrowing funds, pledging assets,
buying and selling assets, guaranteeing the borrowings of affiliated entities (including any trust owning
stock in the Corporation), granting easements, providing for subdivision of land, and to execute all
other documents and do all other acts necessary and customary to carry out the normal course of
business of the Corporation or such other entities of which this Corporation is an agent under a property
management agreement.
2. The following are true and correct excerpts of resolutions duly adopted by the Board
of Directors of the Corporation at a meeting held on September 26, 2023:
Election of Officers
RESOLVED, the fo]\owing persons are elected to the offices set forth opposite their respective
names effective September 26, 2023:
David Gatzke Vice President, Development & Policy
1
.• '
DocuSign Envelope ID: 3A7940B2-734F-442F-A6l i599CA667BA
3. I further certify that the above resolutions remain in fu II force and effect and have not
been amended, modified or rescinded; that each of the persons whose name is set forth above was duly
elected to the respective office of the Corporation set forth opposite his/her name and that he/she
continues to occupy such office, unless indicated otherwise.
This certificate is executed at San Diego, California on February 20, 2024.
2
' 11111~11 IIII Ill llllllll 1111111111111111 11111111111111111 IIIII lllll ll~llll 111111111111111111111111111111 IIII IIII
BA20231238358
STATE OF CALIFORNIA
Office of the Secretary of State
STATEMENT OF INFORMATION
LIMITED LIABILITY COMPANY
CalIfornia Secretary of State
Entity Details
1500 11th Street
Sacramento, California 95814
(916) 653-3516
Limited Liability Company Name
Entity No.
Formed In
Street Address of Principal Ott,ce of LLC
Principal Address
Mailing Address or LLC
Mailing Address
Attention
Street Address of Calttornia Office of LLC
Street Address of California Office
Manager(s) or Mernber(s)
Manager or Member Name
H.G. Fenton Property Company
Agent for Service of Process
Agent Name
Agent Address
Type of Business
Type of Business
Email Notifications
Opt-in Email Notifications
Chief Executive Officer (CEO)
CEO Name I
Ponto Investments LLC
202252318559
CALIFORNIA
5694 MISSION CENTER RD.
STE. 602-120
SAN DIEGO, CA 92108
5694 MISSION CENTER RD.
STE. 602-120
SAN DIEGO, CA 92108
5694 MISSION CENTER RD.
STE. 602-120
SAN DIEGO, CA 92108
For Office Use Only
-FILED-
File No.: BA20231238358
Date Filed: 8/712023
Manager or Member Address
7577 MISSION VALLEY RD.
SAN DI EGO, CA 92108
Talon P0\.11/ers
600 W BROADWAY
STE 800
SAN DIEGO, CA 92101
Real Estate Investment
Yes, I opt-in to receive entity notifications via email.
CEO Address
I None Entered
Labor Judgment
No Manager or Member, as further defined by California Corporations Code section 17702.09(a)(B), has an
outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no
appeal is pending, for the violation of any wage order or provision of the Labor Code.
APR Z Z ZOZ4
I
Page 1 of 2
Electronic Signature
C8] By signing, I affirm under penalty of perjury that the information herein is true and correct and that I am authorized tJy
California law to sign.
Erin Duxbury 08/07/2023
Signature Date
N
'" >-'
Page 2 of 2
APR Z 2 2024
LEGAL DESCRIPTION
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 ONE
PARCEL 1 AS DESCRIBED ON THAT CERTAIN CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT
PLAT, RECORDED JUNE 3, 2011, AS INSTRUMENT NO. 2011-0284873, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING THOSE PORTIONS OF LOTS 1 AND 2
TOGETHER WlTH A PORTION OF THE STREET ADJOINING SAID LOTS, SHOWN AS AVENI DA
ENCINAS, WHICH STREET PORTION WAS SUMMARILY VACATED BY RESOLUTION RECORDED
AUGUST 3, 2011, AS INSTRUMENT NO. 2011-0394673, AS SHOWN ON MAP NO 11290,
RECORDED JULY 16, 1985 AS FILE NO. 85-253280 OF OFFICIAL RECORDS, WHICH SAID PARCEL
1 IS MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHEAST CORNER OF SAID MAP 11290; THENCE, ALONG THE EAST LINE
OF SAID MAP 11290, SOUTH 21 "08'29' EAST 1122.87 FEET TO THE CENTERLINE OF AVENIDA
ENCINAS PER FILE NO. 1994-0612500, RECORDED OCTOBER 10, 1994; THENCE, LEAVING SAID
EAST LINE ALONG SAID CENTERLINE, SOUTH 56°33'41" WEST 26.46 FEET TO THE BEGINNING
OF A 670 FOOT RADIUS CURVE CONCAVE TO THE NORTH; THENCE WlESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°41'17" A DISTANCE OF 183.45 FEET;
THENCE SOUTH 72°14'58" WEST 323.87 FEET TO THE WlESTERLY LINE OF SAID MAP 11290;
THENCE, LEAVING SAID CENTERLINE ALONG SAID WESTERLY LINE, NORTH 17"30'57" WEST
229.06 FEET; THENCE NORTH 4'41'37" WEST 913.85 FEET; THENCE NORTH 0°09'24" EAST 110.33
FEET TO THE NORTHWlEST CORNER OF SAID MAP 11290; THENCE, ALONG THE NORTHERLY
LINE OF SAID MAP, NORTH 89°59'04" EAST 233.90 FEET TO THE POINT OF BEGINNING.
APN. 216-14043
Supplemental Application-Density Bonus Program
Project Location:
APN: 216-140-43-00
Addresses: 0 Ponto Drive Carlsbad, CA 92011
Property Description:
Pl Townhomes
APR 2 2 2024
Property is located West of the Railroad Tracks, South of Ponto Drive, Ponto Road, Private Beach Way
interchange, and North of Avenida Encinas. The site is presently undeveloped and vacant land. The
property is surrounded by an under construction multifamily project to the north, Carlsbad Blvd to the
West, Avenida Encincas and vacant land to the south, and railroad tracks with single family beyond to
the east. The site slopes from North to South and East to West with the existing low point in the
Southwest corner. The genera I plan designates the portion of the site easterly of Ponto Drive as R-23
and the portion of the site at the southwest corner of Ponto Drive and Avenida Encinas as GC. The
zoning designation is P-C. The maximum residential density allowed by zoning is 150 units at 23 du/ac
on the approximately 6.535 acre portion of the site with a R-23 designation.
Project Description:
The project proposes to construct 122 town homes, rowhomes and triplexes with a clubhouse and pool
on the east side of the property. There will be a mix of two and three story product. The project is
anticipated to be constructed in one phase with staggered completions and the affordable units will be
distributed equally amongst the product types. The project will be accessed off Ponto Drive and Private
Beach Way. Proposed utilities include water, sewer, gas, and electric. The proposed amenities for the
site include barbecue area, clubhouse, pool, and additional open space.
The west side of the property, separated by Ponto Drive, proposes to construct up to 16,600sf of
retail/restaurant uses with associated parking.
Project will include all necessary land use permits, approvals, and modifications necessary to construct.
Density Calculations:
Gross Acreage: 480,902sf / 43,S60= 11.04ac
Net Acreage (Due to Previous ROW Dedications) 418,SlOsf / 43,560= 9.6lac
Easterly Portion Zoned Designated GC 133,836sf / 43,560= 3.07ac
Westerly Portion Designated R-23 East Side-284,674sf / 43,560::c 6.53Sac
6.53Sac x 23du/ac= 150 units allowed
Proposed Project: 122 Units
lnclusionary Requirement: 15% at 70% AMl::c 19 units
Density Bonus: 5% at 50% AMlcc 7 units
-
Pl Townhomes
Eligible Density Bonus= 20%
150 units x .20%-c:::30 units
180 Units Allowed; 122 units Proposed
1
Market Rate Units
lnclusionary Units at 70% AMI
1103 Units
12 Units
Density Bonus Units at 50% AM! 7 Units
Total Units 122. Units
No Incentives Requested: One Allowed
One Waiver Requested at this time, applicant reserves the right to request additional waivers prior to
project approval
Concessions/Incentives:
Applicant reserves the right to request incentives prior to project approval
Waivers:
Setbacks: (a) Reduction of front yard setback where the required setback is 20 feet/10 feet with
conditions and {b} reduction of rear yard setback to where the required setback is 10 feet.
Front Yard Setback-The required front yard setback is 20 feet pursuant to CMC 21.24.040. A setback of
10 feet is allowed if the front yard is landscaped. The proposed setback is less than 10 feet and includes
a landscaped front yard.
Rear Yard Setback-The required side yard setback is 10 feet pursuant to CMC 21.24.050. A setback of 5
feet is proposed.
Neither of the proposed setback waivers would: (i)have an adverse impact upon public heath and safety,
(ii)have an adverse impact on a historical resource, or (iii)violate state or local law.
Requests:
Tandem Parking
In accordance with Government Code Section 6591S(p)(S) and CMC 21.86.090(G)(4) the project will
include 6 tandem garages for a total of 12 of the 282 spaces as tandem parking.
Pl Townhomes
Building Summary
Bldg# Description Unit Mix Conditioned Gross SF Conditioned Net SF
Bldg 1 4-plex (2) R1 + (2) R2 7,2B8 6,908
Bldg2 4-plex (2) R1 + (2) R2 7,288 6,908
Bldg3 4-plex (2) R1 + (2) R2 7,28B 6,908
Bldg4 4-ptex (2) R1 + {2) R2 7,288 6,908
Bldg5 4-plex (2) R1 + {2) R2 7,288 6,908
8ldg6 4-plex {2) R1 + (2) R2 7,288 6,908
Bldg 7 4-plex (2) R1 + (2) R2 7,288 6,908
Bldg8 3-plex (1)T1+(1)T2+(1)T3 4,526 4,268
Bldg9 3-plex {1) Tl+ {1) T2 + {1) T3 4,526 4,268
Bldg 10 3-plex {1)T1+{1)T2+(1)T3 4,526 4,268
Bldg11 3-plex (1) T1 + (1) T2 + (1) T3 4,526 4,268
Bldg 12 3-plex {1) T1 + {1) T2 + {1) T3 4,526 4,268
Bldg 13 3-plex (1) T1 + (1) T2 + (1) T3 4,526 4,268
Bldg 14 7-plex (5) Fl+ (2) F2 14,068 13,323
Bldg 15 4-plex {2) Fl+ {2) F2 8,176 7,758
Bldg 16 5-plex (3) Fl+ (2) F2 10,140 9,613
Bldg 17 5-plex (3) Fl+ (2) F2 10,140 9,613
Bldg 1B 5-plex {3) Fl+ {2) F2 10,140 9,613
Bldg 19 4-p\ex (2) R1+{1) R2+(1)R3 7,732 7,272
Bldg20 6-plex {4) R1 + (2) R2 10,846 10,274
Bldg 21 6-ptex (4) R1 + (2) R2 10,846 10,274
Bldg 22 4-plex (2) R1 + {2) R2 7,288 6,908
Bldg 23 5-plex {3) R1 + (2) R2 9,067 8,591
Bldg 24 6-plex {4) R1 + (2) R2 10,846 10,274
Bldg 25 6-plex (4) R1 + (2) R2 10,846 10,274
Bldg26 6-plex (4) R1 + (2) R2 10,846 10,274
Bldg 27 6-plex {4) R1+ (1) R2+ (1) R3 11,290 10,638
RESlOENTlAL TOTAL 220,443 208,663
CluDhouse 5,000 5,000
Retail 16,600 16,600
BUlLOlNGS TOTAL 242,043 230,263
APR Z Z 1021
NOISl/\10 8NIN~J'v'ld
lZOZ l Z ~d\'
0 7 V -lOAl.18