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Home My WebLink AboutPRE 2022-0059; 945-1065 CARLSBAD VILLAGE DRIVE - SB 330; Admin Decision LetterNovember 23, 2022 Jonathan Frankel Tooley Interests LLC 2001 Wilshire Blvd., Suite 240 Santa Monica, CA 90403 8FILE COPY ("Cityof Carlsbad CERTIFIED MAIL SUBJECT: PRE 2022-0059 (DEV2022·0208), PRELIMINARY HOUSING DEVELOPMENT (SB-330) PRE· APPLICATION -945-1065 CARLSBAD VILLAGE DRIVE Dear Mr. Frankel, On November 10, 2022, you filed two separate preliminary applications to the Planning Division, designated as PRE 2022-0059 and PRE 2022-0060. This letter confirms the receipt of the two preliminary applications, provides the status of the city's review of each submittal, and discloses how the two submittals relate to a prospective, formal land use application. Our understanding is that PRE 2022-0060 comprises as an informal request by a prospective land-use permit applicant to learn what city standards, codes, or other requirements the project will be expected to meet. The purpose of this preliminary review is to provide an opportunity for city staff to review a project in a preliminary form before a formal application is submitted. This letter is to inform you that copies of the preliminary application and plans were circulated to all relevant city departments and any other governmental agencies with an interest in the project. A city comment letter should be sent back within 45 days of when the preliminary application was received (i.e., Dec. 23, 2022). There is another matter of law that uses the same terminology for "preliminary application," but the term has a different meaning and has different force and effect. The Housing Crisis Act (SB-330; Government Code section 65941.1) is intended to provide means to submit "preliminary applications" for a housing development project, as defined in Government Code section 65589.5(h)(2), with all of the information listed under Government Code section 65941(a) and upon payment of the permit processing fee. So long as these criteria are met, the act locks or freezes applications against new ordinances that may change prospective development potential. Our understanding is that PRE 2022-0059 constitutes an SB-330 preliminary application. Therefore, this letter also informs you that the Planning Division is in receipt of the SB-330 preliminary housing development pre-application for the 945-1065 CARLSBAD VILLAGE DRIVE project, application no. PRE 2021-0059, submitted on November 10, 2022. The 945-1065 CARLSBAD VILLAGE DRIVE project, consisting of 219 multifamily residential units, 13,800 square feet of commercial retail/restaurant uses, and 340 vehicular parking spaces qualifies as a housing development project pursuant to paragraph (2) of subdivision (h) of Section 65589.5 of the Government Code. City staff has determined the items submitted with the subject SB-330 preliminary application satisfy the requirements pursuant to Government Code Section 65941.1. The preliminary application is therefore "deemed submitted" as of November 10, 2022. As such, pursuant to Government Code Section 65589.5, the 945-1065 CARLSBAD VILLAGE DRIVE project shall be subject only to the ordinances, policies, and standards adopted and in effect as of November 10, 2022. Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov PRE 2022-0059 (DEV2022-0208), PRELIMINARY HOUSING DEVELOPMENT (SB-330) PRE-APPLICATION - 945-1065 CARLSBAD VILLAGE DRIVE November 23, 2022 Pa e 2 Please note that the city will continue to process your submittal of preliminary review application, PRE 2022-0060, submitted on the same day as PRE 2022-0059, in accordance with Informational Bulletin IB~ 114. It is the city's understanding, confirmed via email correspondence dated November 18, 2022 (attached), that PRE 2022-0060 is NOT related to the separate SB-330 preliminary application (PRE 2022- 0059) and neither of which serve as "formal development application" as referenced in Government Code Section 65941.1. If the foregoing is not correct, please advise the city immediately upon the receipt of this letter. The SB- 330 preliminary application is not intended to represent an in-depth analysis of the proposed project and does not take the place of required discretionary applications and approvals. The project is still subject to all required discretionary permits, processing procedures, hearings and timelines governed by state law, including the California Environmental Quality Act (CEQA) and the Coastal Act. Development applications must be submitted within 180 days from submittal of the SB-330 preliminary application. Pursuant to Government Code Section 65941.1, the city I.oaks forward to the submittal of the development application consistent with Sections 65940, 65941, and 65941.5 within 180 calendar days from the "deemed submitted" preliminary application date of November 10, 2022, or no later than May 9, 2023. If you have any questions, please contact the project plar;iner, Jason Goff, at (442) 339-2643 or jason.goff@carlsbadca.gov. Sincerely, ERIC LARDY, AICP City Planner EL:JG:JC Attachment: 1. Email Correspondence from Applicant/Owner Reps, Jonathan Frankel/ Andrew Cerrina, November 18, 2022 c: GRT Carlsbad Village LLC, Attn: Andrew Cerrina, 2001 Wilshire Blvd., Suite 240, Santa Monica, CA 90403 (CERTIFIED MAIL) GRT Carlsbad Village LLC, Attn: Patrick Tooley, 2001 Wilshire Blvd., Suite 240, Santa Monica, CA 90403 (CERTIFIED MAIL) Tooley Interests LLC, Attn: Patrick Tooley, 2001 Wilshire Blvd., Suite 240, Santa Monica, CA 90403 (CERTIFIED MAIL) Ron Kemp, Senior Assistant City Attorney Jeff Murphy, Community and Ec;onomic Development Director File Copy Data Entry Laserfiche Jason Goff From: Sent: Jonathan Frankel <jfrankel@atlantissd.com> Friday, November 18, 2022 2:58 PM To: Jason Goff Cc: Andrew Cerrina; Mike Strong Subject: RE: 965-1065 Carlsbad Village Drive Follow Up Flag: Follow up Flag Status: Flagged Hi Jason, Your assumption is correct. It is not our intent that the preliminary application (PRE 2022-0060) serve as the formal development application referenced-in Government Code §65941.1. The preliminary review will inform the future SDP application, and as such, does not represent the formal submittal. Hopefully, this email can serve as written col"!firmation of our intent and we can proceed with the review of PRE 2022- 0060. Many thanks, Jonathan Frankel Atlantis Group Land Use Consultants Mobile: 925-708-3638 jfrankel@atlantissd.com A. -..1 ~tlantis Group From: Jason Goff <Jason.Goff@carlsbadca.gov> Sent: Friday, November 18, 2022 9:51 AM To: Jonathan Frankel <jfrankel@atlantissd.com> Cc: Andrew Cerrina <acerrina@tooleyco.com> Subject: 965-1065 Carlsbad Village Drive Importance: High Dear Mr. Frankel, On November 10th you filed two simultaneous applications for the project located at and knowri as: 965-1065 Carlsbad Village Drive. The first application, PRE 2022-0059, is filed as a Preliminary Housing Development (SB-330) Pre- Application (Form P-32) in accordance with Informational bulletin 18-132. The second application, PRE 2022-0060, is the city's typical Preliminary Review Request (Form P-14) pursuant to Informational Bulletin 18-114. As it relates to PRE 2022-0059, which was received on November 10th, an applicant procedurally has 180 calendar days pursuant to Government Code Section 65941.1 to submit a formal project development application to the city for review. The city assumes that the second application, PRE 2022-0060, simultaneously submitted with PRE 2022-0059, is genuinely a request for staff review pursuant to 18-114, and does NOT represent this formal project development application pursuant to said government code section. 1 However, before we proceed with review of this second application, PRE 2022-0060, the city needs a letter for the files signed by you and Patrick Tooley confirming your intent. Is our assumption correct, or is it your intent that the second application, PRE 2022-0060, represents the formal project development application pursuant to Government Code Section 65941.1? Please confirm and send to me at your earliest convenience. Said letter can be scanned and emailed to my attention when ready. Sincerely, fl~~ (city of Carlsbad Community Development Department Jason Goff I Senior Planner Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 442-339-2643 I jason.goff@carlsbadca.gov FOR SUBMITTAL APPOINTMENTS PLEASE CALL OR EMAIL YOUR REQUEST: Phone: 442-339-2600 (select Option 2) Email: plannirig@carlsbadca.gov www.carlsbadca.gov Facebook I Twitter I You Tube I Flickr I Pinterest I Enews CAUTION: Do not open attachments or click on links unless nize the sender and know the content i safe. 2