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HomeMy WebLinkAboutPRE 2022-0059; 965-1065 CARLSBAD VILLAGE DRIVE - SB 330; Preliminary Review (PRE)0 PRELIMINARY APPLICATION FORM APPLICATION TYPE (CHOOSE ONE) !:a Preliminary Housing Development {SB-330) D Affordable Housing Streamlined Approval (SB-35) PROPERTY INFORMATION Property Address: Assessor Parcel Numbers (APN): 945-1065 Carlsbad Village Drive, Carlsbad CA 90028 203-320-53-00; 203-320-54-00, 203-320-55-00: 203-320-56-00 Project Data # Existing # to be Demolished If so,# Occupied Residential Units -Number: Residential Units -Floor Area (Sq. Ft.): Nonresidential -Floor Area (Sq. Ft.}: 0 0 58,735 0 0 58,735 Existing Uses/Site conditions (Describe in detail existing uses/physical conditions on the site.) The site is currently occupied by a commercial shopping center with a variety of retail uses, as wen as a surface parking lot. 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 ond major physical alterations to the praperty} See attached Subdivision (any approvals under the Subdivision Map Action being requested and if so, describe) □YES 0NO Housing Units Market-Rate lnclusionary Density Bonus' Below Market2 Project Total Total number: 124 22 73 219 Unit size (sf min): 570 Unit size (sf max): 1,440 Affordabillty level: N/A Very Low Income N/A TOTAL SQ. FT. 256.229 1If Density Bonus being utI hzed, include completed form P-1I H). Please refer to IB-112 for add1t1onal 1nformat1on on requested incentives, concessions, waivers, or parking reductions; 2Affordbale units in excess of indusionary 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) 0YES □NO The proposed proiect will inlcude three one-story commencal stuctures for restaurant and retail uses. The total ftoor area of non-resIdent1al uses is approx1malely 13.800 square feel Standard Parking Residential Non-Residential TOTAL Stall Count 266 52 ]318 j Any parking reductions requested pursuant to Section Electric Vehicle Parking Residential Non-Residential TOTAL 65915[p] need to be included in Stall Count 29 3 132 ] Form P-l(H). See Gov. Code§ 65941.l(a)(ll) P-32_Preliminary Housing Development Pre-Application (11/2021) Page 2 of 5 f) SPECIFIC SITE FEATURES Indicate 1f any portion of the property include\ any of the' fo//ow1ng environmpntal, historic, or cultural resource,. Submittal must include rnpportinq 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. 6. 7. 8. 9. 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 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) COASTAL 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 ~ ~ C □ □ □ □ □ C YES □ □ □ □ NO " " " lli " " NO □ N/A C □ □ u □ C N/A SJ Page3of5 e 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 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 LLCwith 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 understandthatthis pre-application will be terminated and vesting will be forfeited if the housing development project is revised such that the number of residential units orsquarefootage 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) PageSofS GRT Carlsbad Village LLC 200 I Wilshire Blvd, Suite 420 Santa Monica, CA 90403 City of Carlsbad Community Development Department Planning Division 1635 Faraday Avenue Carlsbad, CA 90028 Re: Ownership Disclosure Preliminary Housing Development (SB 330) Pre-Application; 945-1065 Carlsbad Village Drive, APN'" 203-320-53, 203-320-54, 203-320-55, 203-320-56 Dear City of Carlsbad Community Development Department: GRT Carlsbad Village LLC, a Delaware limited liability company ("Owner"), hereby certifies that Tooley Interests LLC, a Delaware limited liability company, is a member of Owner and is legally authorized to sign and bind the organization on its behalf. Thank you and please advise if you require additional information. Sincerely, "OWNER" GRT Carlsbad Village LLC a Delaware limited liability company By: Tooley Interests LLC a Delaware limited liability company Manager Date: November 9, 2022 GRT Carlsbad Village LLC 2001 Wilshire Blvd, Suite 420 Santa Monica, CA 90403 City of Carlsbad Community Development Department Planning Division 1635 Faraday Avenue Carlsbad. CA 90028 Re: Letter of Authorization Preliminary Housing Development (SB 330) Pre-Application; 945-1065 Carlsbad Village Drive, APN's: 203-320-53, 203-320-54, 203-320-55, 203-320-56 Dear City of Carlsbad Community Development Department: GRT Carlsbad Village LLC, a Delaware limited liability company ("Owner"), hereby certifies that Tooley Interests LLC do Patrick Tooley ("Applicant") has been legally authorized to sign the Preliminary Housing Development (SB 330) Pre-Application on its behalf for the project located at 945-1065 Carlsbad Village Drive, Carlsbad, CA 90028. Applicant is the managing member of Owner. Owner hereby certifies that it is the owner of record of the herein previously described property located in the City of Carlsbad which is involved in this pre-application. Owner hereby consents to the filing of this pre-application on its property for processing by the City of Carlsbad Planmng 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, Owner understands that this pre-application will be tenninilted and vesting will be forfeited if the housing development project is revised such that the number of residential units or square footage of construction increases or decreases by 20 percent or more, exclusive of any increase resulting from the 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 of the date that this pre- application is deemed complete. Owner declares under penalty of pequry under the State of California that the foregoing is true and correct. Sincere!y, "OWNER" GRT Carlsbad Village LLC a Delaware limited liability company By: Tooley Interests LLC a Delaware limited liability company its Managing By: Patrick y Manager Date: November 9, 2022 (city of Carlsbad Density Bonus Supplemental CHECKLIST P-l(H} Community Development Dept. Planning Division 1635 Faraday Avenue (442) 339-2600 www .carlsbadca.gov Refer to 1B-112 for information The information listed in this checklist is required to be completed for all residential development applications being processed under Government Code §65915 -65918 (State Density Bonus Law). Please prepare the required materials/information described in this checklist and submit in one document entitled "Supplemental Application -Density Bonus Program". Refer to Information Bulletin IB-112 for additional information. X PROJECT LOCATION Include the street address and APN(s) of the subject property. )( PROPERTY DESCRIPTION Include information about the property and immediate area such as general location, prior uses on-site, site characteristics (i.e., slopes, habitat, drainage), neighborhood setting, General Plan designation, zoning designation, and maximum density allowed by zoning. X PROJECT DESCRIPTION Describe the proposed project. Please make sure to include the following information. • Total number of lots/units proposed (maximum density and density bonus units) • Type of housing proposed and any anticipated construction phasing • Number, location and income level of the proposed affordable units • Project access, infrastructure, and any proposed amenities/open space )( DENSITY CALCULATIONS Indicate the number of lots proposed and how many are proposed to be designated as affordable. Include the following information: • Show all density calculations • Income levels of the affordable units • Number of "Concessions/Incentives" requested • Number of "Waivers" requested X CONCESSION(S)/INCENTIVE(S), if requested1 Please provide evidence demonstrating that the requested concession/incentive results in identifiable, financially sufficient, and actual cost reductions that contribute significantly to the economic feasibility of the reserved affordable units. Please include the following in the response. • Provide specific information on and discussion of each concession/incentive proposed, including: 8 The City's usual development standard and the requested concession/incentive ::i Reasonable documentation to show that each requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents. • Include discussion of why the findings to deny grant of the proposed concession/incentive are not supportable for the proposed project: :::, Why the concession/incentive is required to provide for affordable housing costs, or for rents to targeted units to be set as provided under state law? P-35 _ SB 35 Permit Streamlining Checklist Pagelof3 Wou Id the grant of the concession/incentive have a specific adverse impact upon public health and safety or the physical environment or listed historical property? If yes, are there feasible methods to mitigate or avoid such impacts without rendering the development unaffordable? )( WAIVERS(S), if requested' Please provide evidence demonstrating that the requested Waiver from a required development standard is necessary in order for development to be physically feasible. Please include the following in the response. • Provide specific information on and discussion of each waiver proposed, including: -:: The City's usual development standard and requested waiver :J Reasonable documentation to show that each development standard requested to be waived would physically preclude the densities or incentives the project is entitled to receive. • Provide specific information on and discussion of each waiver/reduction proposed. Include discussion of why the findings to deny grant of the proposed waivers/reductions are not supportable for the proposed project: :J How would application of the development standard proposed to be waived/reduced physically preclude the construction of the development at the density proposed or with proposed con cessions/incentives? Would the waiver or reduction have a specific adverse impact upon public health and safety or the physical environment or listed historical property? If yes, are there feasible methods to mitigate or avoid such impacts without rendering the development unaffordable? 1 A developer may apply for concessions or incentives (referred to as concessions) 1f the developer includes affordable units in the development. One to four concessions are available for each development depending on the percentage of affordable housing that will be included within the development. A concession Is one of three things {Gov. Code §65915, subd. (k)(l)-(3)): • A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed minimum building standards that result in identifiable and actual cost reduction to provide for affordable housing costs or rents. Development Standard'" includes a site or construction condition. including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation. (Gov. Code §65915, subd. (o)(l)). • Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if such uses are compatible with the housing project and the existing or planned development in the area. • Other regulatory concessions proposed by the developer or city that result in identifiable and actual cost reductions to provide for affordable housing costs or rents. The City shall grant the concession unless one or more of the following written findings can be made (Gov. Code §65915, subd. (d)(l)(A)- (Cl): • The concession does not result in identifiable and actual cost reductions to provide for affordable housing costs, or for rents for the targeted units. • The concession would have a "specific adverse impact upon public health and safety or the physical environment or on any real property that is listed In the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households." • The concession would be contrary to state or federal law. 2In addition to concessions, an applicant may submit a proposal for a waiver or reduction (referred to as waiver) of development standards. (Gov. Code §65915, subd. (e)(l)). In no case may a city apply any development standard that wilt have the effect of physically precluding the construction of a development at the density or concessions permitted. The City shall grant the waiver unless one or more of the following written findings can be made (Gov. Code §65915, subd. (e)(l)): • The waiver will have a specific adverse impact upon health, safety, or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. • The waiver will have a specific adverse impact on any real property listed in California Register of Historical Resources. • The waiver would be contrary to state or federal law. P-35 _SB 35 Permit Streamlining Checklist (3/22) Page 2 of 3 Supplemental Application -Density Bonus Program Pro;ect Location Street Address: APN's Property Description 945-1065 Carlsbad Village Drive, Carlsbad, CA 92008 (the '•Site") 203-320-53-00; 203-320-54-00; 203-320-55-00; 203-320-56-00 The 4 12-acre Site is currently occupied by a retail shopping center with a total floor area of approximately 58,735 square feet within five buildings, which are occupied by a variety of retail uses, as well as a surface parking lot spread across four lots. The Site is surrounded by Carlsbad Village Drive to the north, Interstate 5 (1-5) Freeway to the east, Oak Avenue to south, and an unnamed public alley to the west. The property is substantially surrounded by urban uses. The Site is located approximately 0.4 miles from downtown Carlsbad and approximately 0.6 miles from the Pacific Ocean. Primary regional access to the Site is provided via the 1-5 freeway, which generally runs N/S and is adjacent to the Site. The Site has convenient access to public transportation and is located within a transit priority area, served by the Coaster and Amtrak, as well as numerous bus lines within walking distance. The closest major transit stop is Carlsbad Village Station, located approximately 0.4 miles east of the Site. NCTD bus route 315 provides service between Camp Pendleton, Sprinter, and Carlsbad Village Station, with stops immediately adjacent to the project Site. The project Site is surrounded by a variety of uses, including an adjacent gas station, a 4-story mixed-use building across Carlsbad Village Drive to the north, multifamily buildings to the south across Oak Ave, and various public and commercial uses to the west across the public alley. The Site is designated as Village (V) in the General Plan with the zoning designation of Village- Review {V-R) and is located more specifically within the Freeway Commercial (FC) District of the Village and Barrio Master Plan {VBMP) All the properties surrounding the Site are designated for FC uses under the VBMP, except for properties located to the south of the Site, across Oak Ave, which are designated Barrio Perimeter {BP). The FC District permits a wide array of uses associated with urban freeway interchanges including lodging, retail, restaurant. residential and mixed uses. The allowable residential base density range in the FC District is 28-35 dwelling units per acre (du/ac). Proiect Description: The Site's existing commercial buildings and paved areas would be removed in order to develop the project, which would consist of 219 multifamily residential units, including 22 units (or 15% of base density) deed restricted to Very Low Income {VLI) households, and approximately 13,800 square feet of commercial retail/restaurant uses. The proposed commercial uses would be contained in three, one-story buildings along Carlsbad Village Drive, and the residential units, including the VLI units, would be spread across two buildings separated by a landscaped paseo and courtyard. Approximately 350 vehicular parking spaces will be provided at-grade surrounding the commercial and residential buildings and within an above-grade parking structure. The new proposed buildings and parking structure would have a maximum height of approximately 56 feet. Vehicular access to the site would occur via four access points from the surrounding public streets and alley. Two vehicular driveways would be provided on the northern boundary of the property along Carlsbad Village Drive which lead to the project's onsite at-grade parking stalls as well as the parking structure access point. Additional vehicular access to the parking structure would be provided from Oak Ave for tenants. Site access would also be provided from the public alley. The Project's commercial space along Carlsbad Village Drive is anticipated to contain a variety of neighborhood serving retail and restaurant uses. The residential building includes variety of ancillary uses and open space, including landscaped courtyards, rooftop terraces, private balconies, and extensive residential amenities such as sky decks, a swimming pool and courtyard, indoor amenity areas, a lobby, leasing office, and mail room. It is anticipated that the Project will be constructed in a single phase, subject to market conditions. Density Calculations Base Maximum Density: Base Maximum Units: lnclusionary Units: Density Bonus Units: Total proposed units: Waivers Requested 35 du/ac Parcel 1: 2.81 ac x 35 = 98.4 or 99 (round up per CMC Section 21.86 040(G)) Parcel 2: 0.40 ac x 35 = 14 Parcel 3: 0.39 ac x 35 = 13.7 or 14 Parcel 4: 0.52 ac x 35 = 18.2 or 19 Total Base Units: 99 + 14 + 14 + 19 = 146 15% of base units; 15% x 146 = 21.9 or 22 VL1 inclusionary units (50% AMI) 146 x 50% = 73 density bonus units 219 dwelling units (53 du/ac) 1. Waiver of FC Supplemental District Standards building height maximum of 45 feet and 4 stories in VBMP Section 2.7.4(G)(1). The proposed project would include building heights up to five stories, with a maximum building height of 56 feet. However, the fourth and fifth stories of the residential buildings will include varying setbacks, plane breaks, and articulation to minimize the appearance of the fifth floor. Imposing the 45 feet and four story height limit would reduce the project's developable floor area and would physically preclude construction of the proposed project at the density permitted by CMC Chapter 21.86. A waiver of maximum building height does not result in a specific adverse impact upon public health and safety, the physical environment, or a listed historical property. 2. Waiver of FC Supplemental District Standards to limit the total square footage of enclosed fourth floor space not to exceed 80% of the largest floor space below in VBMP • Section 2. 7.4(G)(2)(a). The proposed project will include building heights up to five stories, The fourth and fifth stories of the residential building will include varying setbacks and the enclosed fourth and fifth floor space of the residential buildings will be less than the floors below. Requiring the project to limit its fourth floor area to BO% of the largest floor below would reduce the amount of units able to fit within the project and physically preclude construction of the proposed project at the density permitted by CMC Chapter 21.86. A waiver of the requirement limiting total square footage of the enclosed fourth floor space does not result in a specific adverse impact upon public health and safety, the physical environment, or a listed historical property. 3. Waiver of FC Supplemental District Standards ta require a 10-faot front yard setback along Carlsbad Village Drive in VBMP Section 2. 7.4(A)(1). The City of Carlsbad has requested an 8-foot dedication along Carlsbad Village Drive to provide for future street and sidewalk improvements. The proposed project would maintain a 2-foot setback from the post-dedication property line. Requiring a 10-foot setback from to post-dedication property line would reduce the developab1e pad area and physically preclude construction of the project at the density and with the incentives or concessions permitted by CMG Chapter 21.86. A waiver of the front yard setback standard does not result in a specific adverse impact upon public health and safety, the physical environment, or a listed historical property.