HomeMy WebLinkAboutPRE 2019-0024; CHESTNUT CARLSBAD; Preliminary Review (PRE)CnY~C~B~~~~TIONf l~~-FN~PLICAT~N
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Project Number: f° Development Number: 2.0
PROJECT NAME: 0 M,£S 7 tv c,r I C! ~ L3 (t3 A-/)
Assesaor's Parcel Number(a): / {p ry -c:, So -3 3 , 3<1,, 4 /, g ,--.,cf -1-;}...
Description of proposai (add attachment If necesaary): 5 ii;£ f{:TOt t! 0 f.;) h1 £!½ e 0'1:7J?1Q !;m, 4, J_.,-)f} . . I ~ = = U I Ou \'()LI cJ:rn c N # /; Ip ef a:,~ <ff ~o-£ /41 18 LJ r1kfr.q4/) ,v
Would you like to orally present your proposal to your assigned staff planner/engineer? Yes ~ No
Please 11st the staff members you have previously spoken to regarding this project. If none, please so state.
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OWNER NAME (Print): -e,fA)· H?f?NIJL,~i)v.[/f M1J ~PLICANT NAME (Print):_;£....,'11vt--r .... __ £ _______ _
MAILING ADDREss: p0 $ox 1 1g451 MAILING ADDREss: __________ _
CITY, STATE, ZIP: Cff~SfZfH] cc A, 9 Ml3
TELEPHONE: 6 /9 -..;/ •'(l; : ::£ 0
EMAIL ADDRESS: Jol:faJW,;Jg @_vQ/._cor-: C-O~ ✓ t' *OWner's signature Indicates pennlsslon to conduct a preliminary
review for a development proposal.
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE
AB VE INFORMATION IS TRUE AND CORRECT TO E ST
OF Kl'#Y,IQl!ool!i~!!':-·--·-----
APPLICANTS REPRESENTATIVE {Print):
CITY, STATE, ZIP:
TELEPHONE:
EMAIL ADDRESS:
(3)-/n S T /II v, C,fJIZ L~ erJ¥J,. LLC; if y
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I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE
AN CORRECT TO THE BEST OF MY KNOWLEDGL ----·:::----,, q /3 / 7
• S NATURE D¢'E 7
MAILING ADDRESS: Lin , 9P AJ)"°'4· t.f?AJ tr f,.JC ..
CITY,STATE,ZIP: ~15cC~,rl/lf/,41
J Cfi>e,rvr A s·f}-,y /11/tfZeev a C'4 91 c'X78
TELEPHONE: F7 6 c::> --6/ :3 -I IC>(;;, " '
EMAIL ADDRESS: 6·--/az'·--f-@/4, t:~;VS: L< /n,y9 4 C{i)f:~t i
SEP O ( 2019
SI NATURE D
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR ··Me '~s'OF CITY 'I-A INSPECT
AND E E~~TY_THA.!~ THE SUBJECT OF THIS APPLICATION. IMIE CONSENT TO ENTRY FOR THIS PURPOSE.
PROPERTY OWNER SIGNATURE
RECEIVED BY:
P-14 Page 3of 3 Revised 07/17
September 4, 2019
To: Members of Carlsbad Development Services
From: John "Curt" Fomal, Floyd "Dusty" Bemard and Bruce Tait, P.E.
Re: Multifamily Development of the SWC of El Camino Real and Chestnut Ave.
HISTORY
We have owned the subject comer since 1989 and later acquired adjacent
parcels making the total site about three acres. Dusty Is a commercial retail
developer and this comer was discussed with several potential users over
the years. There were a few designs we created for a convenience center
anchored by quality buyers. The dlfflculty of providing a safe entrance from
Chestnut and the flnal access from ECR being within 2,600 llnear feet from
the intersection stopped that Idea.
Later, the City encouraged a 108 unit apartment complex of small affordable
units which we designed and modeled only to be met with the neighbor's
strong objections. We went back to what the current zoning permitted.
In 2005, we flied a complete application for a tentative map for a 10 lot
subdivision with three different single family home models that met all the
criteria In the R-1 zoning. Seven of the homes Included accessory units that
expanded the possible households from 10 units to 17.
During the course of the approval process, Chrlster Westman, Frank Jimeno
and Michael Holtzmlller all provided feedback. There was dlfflcultly In
agreeing on the access from El Camino Real (ECR) since the flnal design of
that section of the ECR widening project had not been completed.
Frank thought we might need to move the existing opening, and we had
conversations about how to provide tum ratios compliant with emergency
vehicles and trash trucks. Before any conclusion was reached, the economy
began to change and we determined the ECR widening project would be a
major undertaking postponing the marketing of any product. Therefore, we
withdrew our appllcatlon.
1
ECR WIDENING PROJECT
The City's estimate to complete the ECR widening ranged from three to five
years. It actually took until early 2018.
Brandon Miles, the City engineer In charge of the ECR project advised us that
the existing ECR opening was Improved and Is now sufficient for emergency
vehicles to make the tum onto the frontage road we planned. The limitation
of that opening providing only a right tum In and out going South on ECR was
confirmed. This helps reduce further congestion going North on ECR.
We had worked with your engineering group when the main sewer line was
extended along ECR from Tamarack going North. The project ran over
budget so we agreed to contribute the cost of extending the line about 400
more feet from its termination point at the Southeastem comer of one
parcel. It saved the City about $150,000 and months In not having to go back
for an increase.
The federal and state mandated storm water quality regulations continued to
change. By 2016, the need to provide for addltlonal storm water treatment
added to the need to modify our site design. This encouraged us to add three
more accessory units because we knew the price of single family homes on
ECR would have to be slgnlflcantly discounted.
CURRENT EVENTS
About two months ago Warmington Homes made us a contingent offer to buy
the entire site, based on gaining approval for multifamily units. We then met
for an hour with Don Neu for clariflcatlon, who explained the State's current
directive to provide more affordable housing. This Is leading to the need to
reassess the City's Growth Management Plan placed In effect years ago.
His comments were consistent with our thinking. Today, we feel the site
may best serve Carlsbad with mid-sized townhomes similar to the 30 unit Bel
Azure project on the opposite comer of ECR and Chestnut, built In the 1990s.
There now seems to be a strong incentive to provide lower cost housing
along major thoroughfares near public transit. Don said our site met many of
the State's criteria to do so.
2
Many developers Ilka Warmington have reached the decision that three story
townhouses are necessary to get the returns required. They thought based
on their projects in other Cities In the State that up to 30 units as narrow as
22 feet could be developed on the site, facing ECR In four and five unit
buildings. They have since pulled back from projects In San Diego and
Orange county.
OUR REQUEST
We are requesting your prellmlnary review and comments on various options
for a multi-family project. We believe this would Increase the site's density
to a point that unit market prices could be lowered In an effort to meet the
State's Increased focus on rezoning sites on major corridors.
We are trying to maximize the number of two story townhouse units like Bel
Azure that are possible within the constraints of the major arterial setback of
50 feet and the HIiiside Ordinance llmltatlon on retaining wall heights.
The 1984 ECR con1dor design criteria calls for only a 30 foot setback from
the ROW and we are seeking your guidance as to how our project can help
you meet the State's goal of more affordable housing and remain a statement
of quality design. Please review the three (3) site plans we have attached.
We believe a two story design of 27' x 40' as shown on Plan C with the
kitchen and family rooin on the first floor appeals to a wider group of
potential buyers. It would llmlt the number of units we can create but
softens the Impact on the surrounding neighborhood and ECR itself.
Whlle final exteriors and floor plans are not ready yet we think the new
contemporary style Is here to stay. Many exterior examples of these new
design concepts are Included with this application.
The opportunity to utlllze the required blo-retentlon basins as landscaped
open space allows for significant separation between bulldlngs. Our thought
Is to face the famlly room/kitchen great room towards those areas. This
allows the face of the garages to be somewhat hidden from open view from
ECR. Two sized models are being discussed with slmllar elevation changes.
3
We also believe there needs to be several more guest parking spaces beyond
what Is required and lush landscaping between ECR and the bulldlngs.
The Northam comer will continue as a common recreation area of over
5,300SF and the private drive hammerhead wlll allow for emergency and city
vehicles to tum safely.
We hope the City can support our request to provide at least 20 units with an
average setback of only 45 feet from the ROW which exceeds the ECR
corridor design standard by 15 feet, but Is 10% closer than the 50 foot
requirement. We can provide 10% as smaller affordable units.
If we reduce the project to 18 or 19 units shown on Plan B the average
setback Is within 50 to 54 feet. This looks to be conforming.
If we expand to 22 smaller units of 22.5' x 40' as shown in Plan A, we can get
within an average setback of 41 feet, and provide a few more affordable
units. Entrances to the unit have to be addressed.
POLITICAL CONCERNS
According to the Growth Management plan, there are a very llmlted number
of excess units that can be developed In the Northam Quadrants of the City.
Apparently, there are over 1,000 addltlonal units currently available In the
Southam quadrants of Carlsbad and Don Neu advised us of another potential
multi-family rezone request for hundreds of new mid-rise units on the western
portion of the regional mall at Jefferson and State highway 78. That project
would require more of the limited excess units allocated to the Northam
quadrants of Carlsbad.
The downtown VIiiage allocation Is plentiful at the moment but what does
the future hold? Some reallocation of these units would help us.
We believe that 20 to 22 two story units, only adding 10 to 12 units over the
current permitted R-1 zoning, Is a very reasonable request.
We were redesigning our ten single family homes so each had an accessory
unit of +/-640SF. That would have been a permitted total of +/-34,400SF of
llving space contained In 20 separated llvlng spaces.
4
In comparison, our 20 unit "Plan C" would be about 35,200SF, of llvlng space.
27' x 40' x 2 = 2,1 &0SF less 400SF garage = 1, 760SF x 20 = 35,200SF.
It's prlmarlly the 50 foot setback from ECR that restricts the size of the
bulldable area and we believe there Is Justification to modify that constraint
based on the State's Incentive to Increase affordable housing, and on the
fact that the project design exceeds the 30 foot ECR Corridor Guideline
setback requirement
If we are asked to provide more low to moderate Income units we wlll need
more forgiveness and permission to build additional different smaller units.
PERSONAL
I have been a resident of Carlsbad for over 25 years and appreciate the
quality of the planning of our community. My daughter and her husband are
also Carlsbad residents and played a part In the excellent quality of our
educational system.
My commercial banking career Included providing almost one billion dollars
of new construction financing for major real estate projects, which is how I
met Dusty a San Diego native since 1940.
We look forward to working together with you In accomplishing the housing
goals of the State and Carlsbad.
Respec~
John¥Fomal
5
Three story but the same look we are seeking
6
7
stewart totle Frank Green
Order No.
Title Unit No.
Your File No.
Buyer/Borrower Name
Seller Name
PRELIMINARY REPORT
19000480322
48
Chestnut Carlsbad LLC
Property Address: APNa 167-080-33, 34, 41 and 42, Carlsbad, CA 92008
Stewart Trtle Guaranty Company
Commercial Services (San Diego)
7676 Hazard Center Drive, Ste 1400
San Diego, CA 92108
Phone(619)398-8035
Fax
fgreen@stewart.com
In response to the above referenced application for a Policy of Title Insurance, Stewart Title Guaranty
Company Commercial Services (San Diego) hereby reports that it is prepared to issue, or cause to be
issued, as of the date hereof, a Stewart Title Guaranty Company Policy or Policies of Title Insurance
describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may
be sustained by reason of any defect, lien or encumbrance not shown or referenced to as an Exception
on Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions, and
Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on covered Risks of said policy
or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause.
VVhen the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters
shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title
Insurance which establish a Deductible Amount and a Maximum Dollar Limits of Liability for certain
coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available
from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in
Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of
matters, which are not covered under the terms of the title insurance policy and should be carefully
considered.
It is important to note that this preliminary report is not a written representation as to the condition of title
and may not list all liens, defects, and encumbrances affecting title to the land.
This report, (and any supplements or amendments thereto) is issued solely for the purpose of facilitating
the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be
assumed prior to the issuance of a policy of title insurance a binder or commitment should be requested.
Dated as of March 22, 2019 at 7:30 a.m.
Frank Green, Title Officer
When replying, please contact: Frank Green, Title Officer
File No.: 19000480322
Prelim Report COM
Page 1 of9
PRELIMINARY REPORT
The fonn of Policy of Title Insurance contemplated by this report is:
D CLTA Standard Coverage Policy
D CLTA/ALTA Homeowners Policy
D 2006 ALTA Owner's Policy
D 2006 ALTA Loan Policy
D ALTA Short Form Residential Loan Policy
Is Preliminary Report
SCHEDULE A
The estate or interest in the land hereinafter described or referred to covered by this report is:
A Fee
Title to said estate or interest at the date hereof is vested in:
J. Curtis Fornal and Kathleen M, Formal, husband and wife as joint tenants as to an undivided 1/2 interest
and floyd Gadson Bernard Jr. and Lynn Mona Bernard, Co-Trustees of the Floyd Carlson Bernard Jr.
Family Trust dated April 25, 1977 as to an undivided 112 interest, as to Parcel A; and Chestnut Carlsbad
LLC. a Delaware limited liability company. as to Parcels B -D
File No.: 19000480322
Prelim Report COM
Page 2 of9
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California, County of San Diego, City of
Carlsbad and described as follows:
PARCELA:
Lot 24 of Chestnut Heights, in the City of Carlsbad, County of San Diego, State of California, according to
Map thereof No. 5328, filed in the office of the County Recorder of said County on January 17, 1964.
Excepting therefrom that portion of said Lot 24 as described in Deed to the County of San Diego,
recorded September 2, 1966 as File/Page No. 143629 of Official Records, being those portions of said
Lot lying Easterly and Northerly of a line described as follows:
Beginning at the Southeast corner of said Lot 25; thence along the Southerly line of said Lot, North 89°
46'43" West, 1,01 feet; thence North 16°49'19" West, 379.69 feet to the beginning of a tangent 40.00 foot
radius curve, concave Southerly; thence Northerly, Northwesterly and Southwesterly along the arc of said
curve through a central angle of 113°29'18", a distance of 79.23 feet to the beginning of a compound
370.00 foot radius curve; thence Southwesterly along the arc of said curve to its point of tangency with
the Northwesterly line of said Lot 24.
PARCELB:
Lot 25 of Chestnut Heights, in the. City of Carlsbad, County of San Diego, State of California, according
to Map thereof No. 5328, filed in the Office of the County Recorder of said County on January 17, 1964.
Excepting therefrom that portion of said Lot 25 as described in deed to the County of San Diego,
recorded September 2, 1966 as File No. 143629 of Official Records, being those portions of said lot lying
Easterly and Northerly of a line described as follows:
Beginning at the Southeast corner of said Lot 25; thence along the Southerly line of said lot, North 89°
46'43" West, 1.01 feet; thence North 16°46'19" West, 379.69 feet to the beginning of a tangent 40.00 foot
radius curve, concave Southerly; thence Northerly, Northwesterly and Southwesterly along the arc of said
curve through a central angle of 113°29' 18" a distance of 79,23 feet to the beginning of a compound
370.00 foot radius curve; thence Southwesterly along the arc of said curve to its point of tangency with
the Northwesterly line of said Lot 24.
PARCEL 8-1:
An easement and right of way for road and utility purposes and appurtenances thereto over, under, along
and across a strip of land 30.00 feet in width lying within Lot 24 of Chestnut Heights, according to Map
thereof No. 5328, said strip of land being adjacent to, and lying Southerly and Westerly of the Southerly
and Westerly Boundary of the land described in deed to the County of San Diego, recorded September 2,
1966 as File No. 143629 of Official Records.
PARCELC:
Lot 26 of Chestnut Heights, in the City of Carlsbad, County of San Diego, State of California, according to
Map thereof No. ~. filed in the office of the County Recorder of said County on January 17, 1964.
PARCELC-1:
An easement and right of way for road and utility purposes and appurtenances thereto over, under, along
and across a strip of land 30.00 feet in width lying within Lots 24 and 25 of Chestnut Heights, according to
Map thereof No. 5328, said strip of land being adjacent to, and lying Southerly and Westerly of the
Southerly and Westerly Boundary of the land described in deed to the County of San Diego, recorded
File No.: 19000480322
Prelim Report COM
Page 3 of9
,..
September 2, 1966 as File No. 143629 of Official Records.
PARCEL 0:
Lot 27 of Chestnut Heights, in the City of Carlsbad, County of San Diego, State of California, according to
Map thereof No. ~. filed in the office of the County Recorder of said County on January 17, 1964.
PARCEL 0-1:
An easement and right of way for road and utility purposes and appurtenances thereto over, under, along
and across a strip of land 30.00 feet in width lying within Lots 24 and 25 of Chestnut Heights, according to
Map thereof No. 5m. said strip of land being adjacent to, and lying Southerly and Westerly of the
Southerly and Westerly Boundary of the land described in deed to the County of San Diego, recorded
September 2, 1966 as File No. 143629 of Official Records.
PARCELD-2:
An easement and right of way for road and utility purposes and appurtenances thereto over, under, along
and across the Easterly 30.00 feet of Lot 26 of chestnut Heights, according to Map thereof No. 5328.
APN: 167-080-33, 34, 41 and 42
APN: 167-080-33, 34, 41 and 42
(End of Legal Description)
THE MAP ATTACHED THROUGH THE HYPERLINK ABOVE IS BEING PROVIDED AS A COURTESY
AND FOR INFORMATION PURPOSES ONLY; THIS MAP SHOULD NOT BE RELIED UPON.
FURTHERMORE, THE PARCELS SET OUT ON THIS MAP MAY NOT COMPLY WITH LOCAL
SUBDIVISION OR BUILDING ORDINANCES. THERE WILL BE NO LIABILITY, RESPONSIBILITY OR
INDEMNIFICATION RELATED TO ANY MATTERS CONCERNING THE CONTENTS OR ACCURACY
OF THE MAP.
File No.: 19000480322
Prelim Report COM
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