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HomeMy WebLinkAbout2021-07-13; City Council; ; Consider an Appeal of a Planning Commission Decision to Approve a Four-Unit Residential Condominium Project Located at 320 Hemlock Ave. Meeting Date: July 13, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Chris Garcia, Associate Planner chris.garcia@carlsbadca.gov, 760-602-4622 Subject: Consider an Appeal of a Planning Commission Decision to Approve a Four-Unit Residential Condominium Project Located at 320 Hemlock Ave. District: 1 Recommended Action Hold a public hearing and adopt a resolution denying the appeal and upholding the decision of the Planning Commission to approve a planned development permit, site development plan, coastal development permit and tentative parcel map to demolish an existing single-family home and construct a four-unit residential air-space condominium project, on a 0.19-acre in-fill site located at 320 Hemlock Ave., within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. Executive Summary The Planning Commission conducted a public hearing on April 7, 2021, regarding a project application to demolish an existing single-family home and construct a four-unit residential air- space condominium project at 320 Hemlock Ave.1 The Planning Commission voted to approve the project, but a community member appealed the decision over concerns about its proposed density, front yard setbacks and what they contended was a lack of sufficient information for the commission to make an informed decision. In accordance with Carlsbad Municipal Code Section 21.54.150, appeals of Planning Commission decisions are considered by the City Council. Discussion Project description and background The proposed project is on a 0.19-acre infill site within the R-23 Residential General Plan Designation, Mello II Segment of the Local Coastal Program, R-3 Multiple-Family Residential Zone and the Beach Area Overlay Zone.2 The development of the proposed condominium 1 Ownership of an airspace condominium unit typically includes the interior, unfinished surfaces of the unit’s perimeter walls, floors, ceilings, windows and doors. Everything existing beyond those boundaries would generally constitute common area. 2 Development on an infill site fills vacant and under-utilized lots that exist between other developments in a mostly built-out area. July 13, 2021 Item #13 Page 1 of 33 project requires the processing and approval of a planned development permit, site development plan, coastal development permit and tentative parcel map. The tentative parcel map associated with the subdivision is considered minor because it involves the division of land into four or fewer condominiums. Topographically, the site is generally flat and does not contain any sensitive vegetation. The proposed units will be three stories with an overall building height of 30 feet. Units 1, 3 and 4 contain three bedrooms, two-and-a-half bathrooms and range in size from 2,137 to 2,172 square feet. Unit 2 is 2,349 square feet, contains three bedrooms, plus an office, and has three- and-a-half-bathrooms. All units include private deck areas off the second and third floors. Additionally, Unit 3 and Unit 4 each have an exclusive-use yard at the ground level to the rear of the property. The common areas include a private drive aisle, guest parking spaces and common landscaped areas. The architectural character of the project is a beach contemporary style featuring simple rectangular shapes with gable roofs and shed roof accents. Primary building materials include white smooth stucco, white and gray board and batten siding, and white- and gray-painted wood fascia boards. Composite asphalt shingles cover a 3:12-pitched roof on each building. Planning Commission hearing The Planning Commission considered the proposed project at a public hearing held on April 7, 2021. At the hearing, seven members of the public asked to have their comments read into the record. The comments contended that: • The project’s developer should not be allowed to round up the unit yield calculation from 3.6 to 4 units • The units were too large and out of character with the surrounding neighborhood • The project includes too small of a front yard setback, lacks on-site parking reduces public parking, safety, and open space and increases traffic, trash and noise • The project may have negative neighborhood impacts if the units are used for short- term vacation rentals Community members made additional comments that were not read into the record. These were both in support of the project and against it. The applicant and staff responded to the issues raised before the Planning Commission, some of which were cited in the appeal and are discussed further below. After questions and discussion, the commission voted to approve the project on a vote of 4-2-1, with Commissioners Alicia Lafferty and William Kamenjarin voting no and Commissioner Carolyn Luna absent. A full account of the commission’s actions and a complete description and staff analysis of the proposed project is included in the attached minutes (Exhibit 4) and Planning Commission staff report (Exhibit 3). Public comments received on the project prior to the hearing can be found attached to the Planning Commission staff report. Issues cited in appeal An appeal of the Planning Commission’s approval of the project was filed April 16, 2021. It raised concerns about density, front setback and what the appeal said was a lack of sufficient information for the commission to reach its decision (Exhibit 5). In response, the project’s applicant provided information on recent projects in the surrounding area that were approved July 13, 2021 Item #13 Page 2 of 33 and developed at similar densities and with similar front yard setbacks as the proposed project (Exhibit 6). The appellant’s position and staff’s response are summarized in turn below. Density Appellant’s position The Planning Commission did not sufficiently weigh the impact of the discretionary fourth unit. Staff’s response The project site has a net developable acreage of 0.19 acres. At the growth management control point,3 3.6 dwelling units would be permitted on the property. As outlined in Carlsbad Municipal Code Section 21.53.230(e), a calculation of units allowed in a project at the growth management control point that results in a fractional unit of 0.5 or greater may be rounded up subject to a fractional and/or whole unit allocation from the Excess Dwelling Unit Bank, provided the maximum density of the applicable land use designation is not exceeded. In keeping with Carlsbad’s Growth Management Plan, when the developers of individual projects build fewer units than are allocated to the site by the city’s General Plan, these units are held on account in the Excess Dwelling Unit Bank and later can be applied to other projects (see City Council Policy No. 43 – Excess Dwelling Unit Bank (Exhibit 7)., , Under this policy, a fraction of a unit may be granted to the developer to reach, but not to exceed, the next whole unit provided the number of the units in the project do not exceed the maximum density of the project’s applicable general Plan Land Use designation. By rounding up the unit yield from 3.6 units to 4 units, the proposed project would have a density of 21 dwelling units per acre. Since the density does not exceed the R-23 General Plan Land Use designation maximum density of 23 dwelling units per acre, the residential development complies with the requirements of municipal code and City Council policy. Furthermore, on April 6, the day after the Planning Commission meeting, the City Council adopted a resolution indicating that the city’s residential housing caps contained in the General Plan, Growth Management Plan City Council Policy No. 43 and the city’s municipal code (Title 21 Chapter 90) are preempted by state law and unenforceable (Exhibit 9). Therefore, any removal of a fractional unit from the Excess Dwelling Unit Bank and the Northwest Quadrant is being documented solely so that the city can track the number of residential units in Carlsbad. Front setback Appellant’s position The Planning Commission was not properly informed about the front setbacks of neighboring properties. Staff’s response The proposed project is subject to the minimum setbacks in the city’s Planned Development Ordinance, Carlsbad Municipal Code Chapter 21.45. Although the Planned 3 The city’s Growth Management Plan established control points of how many residential units are allowed per acre to ensure that residential development does not exceed limits established in the City’s General Plan. (See Carlsbad Municipal Code Section 21.90.045.) July 13, 2021 Item #13 Page 3 of 33 Development Ordinance does not specifically list a “front setback” requirement, it requires a residential structure to be set 10 feet back from a public street and a direct- entry garage to be set back 20 feet from the street. The setback is measured from the front property line, which is located approximately 8 feet back from the face of the curb. The project is designed with the residential structures at least 10 feet from the property line along Hemlock Avenue and the direct- entry garage is setback at least 20 feet. Therefore, the project complies with the objective setback standards in the Planned Development Ordinance. The existing setbacks of neighboring properties does not factor into the objective development standards for this residential condominium project. Lack of information Appellant’s position The Planning Commission did not adequately familiarize itself with the subject property and did not have sufficient information to address all concerns and questions posed by the Planning Commission during the hearing. Staff’s response The Planning Commissioners received the project staff report and a full set of plans for the proposed project prior to the hearing. The staff report provides a description of the project location, what is currently on the site and what surrounding land uses are. The staff report also gives a summary of how the project complies with applicable city ordinances, policies and plans. Planning Commissioners received a briefing from city staff on the project in the days prior to the public hearing after they had the staff report and exhibits for several days. Furthermore, public comments submitted to the city prior to the hearing were distributed to the Planning Commissioners. During the hearing, staff shared a location map and aerial photo of the project site and nearby area. Staff also answered questions posed by the commissioners. The city does not have a requirement that the commissioners visit the site in-person, although many often choose to do so. Five of the six commissioners that were present at the public hearing visited the site in- person and the remaining commissioner viewed the site via an online map. Following debate and deliberation, the Planning Commission found that they had adequate information to make an informed decision on the project as reflected in the vote to approve the project. Staff recommended approval of the project and concurs with the Planning Commission’s decision on April 7, 2021, to approve the planned development permit, site development plan, coastal development permit and tentative parcel map. The project meets the objective standards of all applicable plans, policies, and regulations including but not limited to density and setbacks and will not produce any significant impacts to the public’s health, safety and/or welfare. Furthermore, as discussed above, the Planning Commission had sufficient information to render a decision on the project. Therefore, staff recommends that the City Council uphold the Planning Commission’s decision and deny the appeal. July 13, 2021 Item #13 Page 4 of 33 Options The City Council has the following options: Option 1 - Deny the appeal and uphold the Planning Commission’s decision to approve the project Pros • City would benefit from four residential units, a net increase of three units • Achieves the objectives of the city’s General Plan, Local Coastal Program and Zoning Ordinance • Avoids potential conflicts with the Housing Accountability Act, which limits the ability of local governments to restrict the development of new housing • Project is consistent with city standards and policies Cons • Approves a project with some neighborhood opposition Option 2 - Remand the project back to the Planning Commission for additional review. The City Council would need to provide clear direction why the project is being remanded and what is expected from the Planning Commission Pro • The City council could have the Planning Commission discuss and consider any specific City Council concerns about the project’s design or staff’s analysis Cons • Significantly delays approval of the project Option 3 - Grant the appeal and deny the project. The City Council would need to make specific findings in its denial and must comply with the state Housing Accountability Act Pro • A different project could be submitted that might address neighborhood concerns Cons • The site may not be redeveloped • City would not benefit from the addition of four residential units, a net increase of 3 units) Staff recommend Option 1 - Deny the appeal and uphold the Planning Commission’s decision to approve the project. Fiscal Analysis All required improvements needed to serve this project will be funded by the developer, so there is no cost to the city from this action. Next Steps If the City Council denies the appeal, approving the project, staff will ensure all project conditions are satisfied prior to issuance of any development permits. July 13, 2021 Item #13 Page 5 of 33 Environmental Evaluation The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents under Section 15332 - In-Fill Development Projects of the California Environmental Quality Act. The project meets the conditions described in that section for in-fill development projects: • The project is consistent with the city’s General Plan, as well as with the Zoning Ordinance. • It is on a site within the city limits, that is less than five acres in size and is surrounded by urban uses. • There is no evidence that the site has value as habitat for endangered, rare or threatened species. • Approval of the project will not result in significant effects relating to traffic, noise, air quality, or water quality. • The site can be adequately served by all required utilities and public services. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state guidelines do not apply to this project, including “historical resources.” Specifically, the existing structure, which is estimated to be 66 years old and is proposed to be demolished, is not included in a local register of historical resources, and qualified professionals (Anza Resource Consultants, report dated October 9, 2020) have determined that it does not meet the criteria for listing on the California Register of Historical Resources. A notice of exemption will be filed by the City Planner upon final project approval. The four-unit residential condominium project is required to comply with the city’s Climate Action Plan and the recently adopted Climate Action Plan Ordinances, including electric vehicle charging infrastructure (Ordinance No. CS-349), energy efficiency measures and solar photovoltaic systems (Ordinance No. CS-347) and new residential standards for water heating (Ordinance No. CS-348). Public Notification and Outreach Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. The project is subject to City Council Policy No. 84 – Development Project Public Involvement Policy. The applicant posted the notice of project application sign at a conspicuous location on the site on Oct. 27, 2020. On Oct. 30, 2020, the applicant mailed the early public notice to property owners within 600 feet of the project site and to occupants within 100 feet of the project site. Although the early public notice and notice of project application sign described above satisfy the requirements of the City Council policy, the applicant voluntarily met with and communicated with several concerned neighbors while the application was being processed. Exhibits 1. City Council resolution 2. Planning Commission Resolution No. 7411 3. Planning Commission staff report dated April 7, 2021 July 13, 2021 Item #13 Page 6 of 33 4. Planning Commission minutes dated April 7, 2021 5. Appeal form dated April 16, 2021 6. Applicant research 7. City Council Policy No. 43 8. City Council Resolution No. 2021-074 9. Public comments received after April 7, 2021 and prior to 5 p.m., July 8, 2021 July 13, 2021 Item #13 Page 7 of 33 RESOLUTION NO. 2021-169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO APPROVE A PLANNED DEVELOPMENT PERMIT, SITE DEVELOPMENT PLAN, COASTAL DEVELOPMENT PERMIT, AND TENTATIVE PARCEL MAP TO DEMOLISH AN EXISTING SINGLE- FAMILY HOME AND CONSTRUCT A FOUR-UNIT, RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT ON A 0.19-ACRE IN-FILL SITE LOCATED AT 320 HEMLOCK AVENUE, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1 CASE NAME: HEMLOCK COAST HOMES CASE NO.: PUD 2020-0001/SDP 2020-0004/CDP 2020-0042/MS 2020-0003 (DEV2020-0023) WHEREAS, the Planning Commission did, on April 7, 2021, hold a duly noticed public hearing as prescribed by law to consider Planned Development Permit No. PUD 2018-0004, Site Development Plan No. SDP 2020-0004, Coastal Development Permit No. 2020-0042, and Tentative Parcel Map No. MS 2020-0003, as referenced in Planning Commission Resolution No. 7411 approving the project; and WHEREAS, at said hearing the Planning Commission voted 4-2 to approve the project; and WHEREAS, on April 16, 2021, the appellant, Kurt Hoy, timely filed an appeal with the city as provided pursuant to Chapter 21.54 of the Carlsbad Municipal Code; and WHEREAS, the City Council ofthe City of Carlsbad, held a duly noticed public hearing to consider the appeal of the Planning Commission's decision to approve said Planned Development Permit, Site Development Plan, Coastal Development Permit, and Tentative Parcel Map; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the appeal. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the appeal of the Planning Commission's decision is denied, that all matters not specified in the appeal have been supported by substantial evidence with findings and approved by the Planning Commission, and that the findings and conditions contained in Planning Commission Resolution No. 7411 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. July 13, 2021 Item #13 Page 8 of 33 Exhibit 2 Planning Commission Resolution No. 7411 (on file in the Office of the City Clerk) July 13, 2021 Item #13 Page 10 of 33 Exhibit 3 Planning Commission staff report dated April 7, 2021 (on file in the Office of the City Clerk) July 13, 2021 Item #13 Page 11 of 33 Exhibit 4 July 13, 2021 Item #13 Page 12 of 33 July 13, 2021 Item #13 Page 13 of 33 July 13, 2021 Item #13 Page 14 of 33 EXHIBIT 5 July 13, 2021 Item #13 Page 15 of 33 Hemlock Appeal Density and Setback Information General Notes • Hemlock Avenue contains 16 parcels between Garfield St at the West end and the railroad tracks on the East end if the street. 50% of these parcels contain multiple residential units including the proposed project located at 320 Hemlock. • The properties on the North side of Hemlock Avenue are within the R-3 zoning designation. The properties on the South side of Hemlock are within the RD-M zoning designation which contain less restrictive setback requirements than the neighboring R-3 zone to the North. Homes built recently utilizing the allowable 10’ front yard setback in the R-3 zone Note: 10’-0” residential structure front yard setback allowed per Carlsbad Municipal Code section 21.45.080 E.5. • 3624-3632 Garfield • 3637 Garfield • 3450, 3454 & 3458 Garfield • 175 Pine • 354 Walnut • 341 Oak • 187 Cherry Homes built recently utilizing the allowable 10’ front yard setback in the RD-M zone Note: 10’-0” residential structure front yard setback allowed per Carlsbad Municipal Code section 21.45.080 E.5. • 225 Hemlock • 235 Hemlock • 3863 Garfield • 3867 Garfield • 295 Chinquapin • 165 Chinquapin • 3955 Garfield • 363-367 Hemlock (Built in the 80’s) Nearby property density calculations within the R-23 General Plan area (15-23 D.U. / AC.) Note: Projects have utilized Carlsbad Municipal Code section 21.53.230 Table A allowing for density calculations greater than .5 within the GMCP to be rounded up. July 13, 2021 Item #13 Page 16 of 33 Address Lot Area Lot Acreage Density at 19 D.U. / AC. Existing number of units on property 3622 Garfield* 6,000 S.F. .137 AC. 2.60 units 3 units 3450 Garfield* 6,526 S.F. .149 AC. 2.84 units 3 units 362 Walnut* 24,829 S.F. .569 AC. 10.83 units 11 units 364-370 Hemlock 8,744 S.F. .203 AC. 3.85 units 4 units 380-386 Hemlock 8,682 S.F. .199 AC. 3.78 units 4 units 363-367 Hemlock 21,524 S.F. .494 AC. 9.38 units 11 units 341-347 Oak* 16,800 S.F. .39 AC. 7.41 units 8 units * Indicates property recently developed. July 13, 2021 Item #13 Page 17 of 33 Exhibit 7 City Council Policy No. 43 (on file in the Office of the City Clerk) July 13, 2021 Item #13 Page 18 of 33 Exhibit 8 City Council Resolution No. 2021-074 (on file in the Office of the City Clerk) July 13, 2021 Item #13 Page 19 of 33 From:Ted Walter To:Planning; City Clerk Subject:320 Hemlock Carlsbad Development Project Date:Thursday, July 8, 2021 5:38:08 PM Hello, My name is Ted Walter. I'm a Carlsbad resident at 6119 Paseo Jaquita, 92009. I wanted to take a moment to express my support for the pending developmentproject at 320 Hemlock St. As a Carlsbad homeowner, the limited supply of homes has certainly servedmyself and others who are fortunate enough to own a home quite well. Priceshave risen roughly 20 to 30% since last year, based on certain estimates.This is largely being driven by tremendous demand against a very limitedsupply of homes. This has caused many families to not be able to realize the dream ofhomeownership. We have an affordability crisis in California and while theproject at Hemlock won't singlehandedly resolve this issue - it's a step inthe right direction. I worry about my children's ability to ever be able to purchase a home inSouthern California and to continue to call this special place where they'vegrown up - home. Affordability will not be achieved if there continue to be so many obstaclesto new development increasing the supply of homes. Buying a home in this areawill always be a sound investment but we need a sustainable, measuredincrease that allows many families to participate in the rewards of homeownership. If the kids we raise can't settle down in the area where we'vegrown up because they're not multi-millionaires, that changes the characterof this area and is truly an unfortunately situation for many. It's startswith new development along our coastline and elsewhere. Thanks so much. -Ted CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. EXHIBIT 9 July 13, 2021 Item #13 Page 20 of 33 From:Margaret Moore To:Planning Subject:320 Hemlock Date:Thursday, July 8, 2021 4:50:21 PM As a Carlsbad resident of I am writing to express my support for the project at 320 Hemlock. This type of project is exactly what Carlsbad needs. My son currently lives in the LA area and is looking to move to be closer to me. Without projects like this, his options for buying a home near me would be greatly limited. Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. July 13, 2021 Item #13 Page 21 of 33 From:Brett Ward To:City Clerk Subject:320 Hemlock Date:Monday, July 5, 2021 9:31:36 AM I am in favor of and support the proposed project at 320 Hemlock Ave. I am a resident of Carlsbad. Brett Ward760.390.0429 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. July 13, 2021 Item #13 Page 22 of 33 From:Mehrdad Dokhanchy To:Planning; City Clerk Subject:City of Carlsbad letter Date:Wednesday, July 7, 2021 3:02:24 PM To the City of Carlsbad City Council,  We are residents of Carlsbad living at 1098 Magnolia Avenue who, two years ago,purchased a home in this beautiful community. We wanted to express our support for a project recently approved at the City ofCarlsbad Planning Commission Hearing on April 7, 2021 and now under the review ofthe City Council. The proposed development project is located at 320 HemlockAvenue in Carlsbad and consists of (4), three story, residential condominium units ranging from 1,900 – 2,300 square feet.   This type of beach living accessibility is much needed in Carlsbad as home pricesnear the beach and particularly around the coastal Hemlock Avenue are approaching“out of reach” status for the varied demographics who would add value to thecommunity. The city needs high quality moderately sized homes as housing pricesnear the beach are rising and there is demand for smaller, more affordable housing.From our own experience, some of our family members and retired friends would loveto live here and could be happy with smaller quarters and this project would providethat type of affordable beach housing. We hope you’ll consider these views in your review of the project. Sincerely, Mehrdad Dokhanchy and Patricia Phaneuf 1098 Magnolia Avenue Carlsbad, CA    CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. July 13, 2021 Item #13 Page 23 of 33 From:Ted Ullmann To:Planning; City Clerk Subject:320 Hemlock Ave. Project Date:Saturday, July 3, 2021 9:28:39 AM To Whom it May Concern, My name is Edward Ullmann of 3870 Trieste Dr. I am in favor of the proposed project at 320 Hemlock Ave. I feel it provides a high quality housing option with an appropriate amount of density for the area and reduces housing strain while increasing the city’s tax base. Please consider my input when reviewing the project. Thank you for your time. Thanks, Edward Ullmann eullmannsd@gmail.com CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. July 13, 2021 Item #13 Page 24 of 33 From:Planning To:Chris Garcia Subject:FW: 320 Hemlock Ave. Date:Wednesday, July 7, 2021 10:45:12 AM Is there a folder I should be putting these into? Thanks! From: Greg Gardner <ggardner.re@gmail.com> Sent: Wednesday, July 7, 2021 10:17 AM To: Planning <Planning@CarlsbadCA.gov>; clerk@carlsbad.gov Subject: 320 Hemlock Ave. To whom it may concern, I'm a long time Carlsbad resident and I'm in favor of and support the proposed housing project at 320 Hemlock Avenue. Sincerely, Greg Gardner REALTOR®   300 Carlsbad Village Drive #217, Carlsbad, CA., 92008 CA DRE. 01379440 | CA BRE. 01905908 c: 760-908-6621 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. July 13, 2021 Item #13 Page 25 of 33 From:Planning To:Chris Garcia Subject:FW: 320 Hemlock Carlsbad Development Project Date:Thursday, July 1, 2021 12:27:27 PM Attachments:image001.png image002.png image003.png image004.png image005.png Importance:High     From: Isaac Little <ilittle@lee-associates.com>  Sent: Thursday, July 1, 2021 10:48 AM To: Planning <Planning@CarlsbadCA.gov>; City Clerk <Clerk@carlsbadca.gov> Subject: 320 Hemlock Carlsbad Development Project Importance: High   My name is Isaac Little, and I am a Carlsbad resident residing at 2137 Twain Ave, Carlsbad, CA 92008. I am in favor of and support the proposed project at 320 Hemlock Ave, Carlsbad. The plans for the project look great and will be a nice little development for the area. You have my full support.   Thanks,     Isaac Little Principal Lee & Associates | North San Diego County D 760.929.7862 C 760.672.1041 O 760.929.9700 ilittle@lee-associates.com   ____________________________________ Corporate ID 01096996 | License ID 01702879 1900 Wright Place | Suite 200 Carlsbad, CA 92008  Confidentiality Notice: The information contained in this electronic e-mail and any accompanying attachment(s) is intended only for theuse of the intended recipient and may be confidential. If any reader of this communication is not the intended recipient, unauthorized use,disclosure or copying is strictly prohibited, and may be unlawful. If you have received this communication in error, please immediatelynotify the sender by return e-mail, and delete the original message and all copies from your system. Thank you.     July 13, 2021 Item #13 Page 26 of 33         CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. July 13, 2021 Item #13 Page 27 of 33 From:Planning To:City Clerk; Chris Garcia Subject:FW: project at 320 Hemlock Ave. Date:Tuesday, July 6, 2021 8:19:45 AM     From: Jason Gentile <jkgentile@hotmail.com>  Sent: Friday, July 2, 2021 8:26 AM To: Planning <Planning@CarlsbadCA.gov> Subject: project at 320 Hemlock Ave.  I am in favor of and support the proposed project at 320 Hemlock Ave.As a Carlsbad resident for 2 years and an Emergency Physician, I recognize the need for safe anddesirable living spaces in my commmunity.thank you.  Jason Gentile7013 Leeward stCarlsbad Ca 92011310-433-6105 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. July 13, 2021 Item #13 Page 28 of 33 From:Planning To:Chris Garcia Subject:FW: Support for 320 Hemlock Carldbad development project Date:Thursday, July 1, 2021 3:34:58 PM     From: jesse monn <jessemonn@gmail.com>  Sent: Thursday, July 1, 2021 1:22 PM To: Planning <Planning@CarlsbadCA.gov>; City Clerk <Clerk@carlsbadca.gov> Subject: Support for 320 Hemlock Carldbad development project   Hello,   Just wanted to voice my support for this particular project and more medium/high-density coastal development in general. This is a wonderful, sustainable place to live! I'm a Carlsbad resident and live on Hillside Dr.   -- - Jesse 619-952-9066   CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. July 13, 2021 Item #13 Page 29 of 33 From:Planning To:Chris Garcia Subject:FW: 320 Hemlock Date:Tuesday, July 6, 2021 8:29:49 AM     From: Ryan Martinsen <ryanmartinsen@yahoo.com>  Sent: Monday, July 5, 2021 12:02 PM To: Planning <Planning@CarlsbadCA.gov>; clerk@carlsbad.ca.gov Cc: Kirk Moeller <kirk@kmarchitectsinc.com> Subject: 320 Hemlock   Dear Clerk,   I  am in favor of and support the proposed project at 320 Hemlock Ave.    I am a current Carlsbad resident.      Thank you    Ryan Martinsen 858-752-8421 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. July 13, 2021 Item #13 Page 30 of 33 From:Patrick Lee Me To:Planning; City Clerk Subject:Proposed 320 Hemlock Devleloment Date:Monday, July 5, 2021 1:12:14 PM Dear Planning Department: I am a local Carlsbad resident of the nearby project and fully support the proposed 4-unit condominium project located at 320 Hemlock. Personally, I just love the high qualitycraftsman design and tropical landscape and soft- scape, which has a beach vibe that, in my opinion, greatly enhances the Carlsbad coastal community. In addition, the proposed 4-unitcondominium project adds badly needed housing stock to coastal Hemlock Avenue and the surrounding community, which currently contains a limited supply of housing options. . Sincerely, Shawn Smith150 Walnut Ave., #2 Carlsbad, CA 92008 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. July 13, 2021 Item #13 Page 31 of 33 From:Planning To:Chris Garcia Subject:FW: 320 Hemlock development project Date:Thursday, July 1, 2021 12:27:52 PM Attachments:image002.jpg     From: vic.gausepohl@compacprops.com <vic.gausepohl@compacprops.com>  Sent: Thursday, July 1, 2021 11:02 AM To: Planning <Planning@CarlsbadCA.gov>; City Clerk <Clerk@carlsbadca.gov> Subject: 320 Hemlock development project     To: City of Carlsbad City Council & City Staff     I just wanted to send you an email in support for the proposed Hemlock Coast Homes project at 320 Hemlock.   I think it is a beautiful project and as a property owner in the Village of Carlsbad I think it is  a nice addition.   We do need more housing and the increased density should bring more housing availability to the market. I have four kids and a couple of them want to live in the Village and availability is very limited, these types of projects should help our kids who grew up in the area, stay in the area.   Thank you!      Vic Gausepohl Commercial Pacific Properties  Phone: 619-227-2892  License No. 01070105 Email:  vic.gausepohl@compacprops.com San Diego, California                CAUTION: Do not open attachments or click on links unless you recognize the July 13, 2021 Item #13 Page 32 of 33 sender and know the content is safe. July 13, 2021 Item #13 Page 33 of 33 Tammy Cloud-McMinn From: Sent: To: Subject: Julia Maushart <juliamaus@gmail.com> on behalf of Julia Maushart <jmaushart.cccc@gmail.com> Saturday, July 10, 2021 9:40 AM City Clerk July 13 City Council Agenda Item -320 Hemlock Ave Proposed Development > My name is Julia Maushart and I have been a Carlsbad res ident for 8 years, including living on Acacia Avenue (blocks from the proposed project 320 Hemlock Ave) for 4 of those years. > > I have reviewed the July 13 Council Agenda Packet materials and fully support Staff's findings and recommendation to deny the appeal and uphold planning commissions approval of the project at 320 Hemlock Ave. > > Carlsbad is in need of additional housing to balance the demand and keep coastal housing more affordable to all. > > I think the project is attractive and will add much needed inventory to the neighborhood. I'm in full support of the proposed project. > > Thank you, > > Julia Maushart > 3725 Catalina Drive, Carlsbad > CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 July 10, 2021 Carlsbad City Council: My wife and I are ten plus year residents of Carlsbad. The purpose of this communication is for us to voice our concern for the low inventory of affordable coastal properties available in Carlsbad. In April we attended, via "zoom", a City Planning Commission meeting during which approval was sought for a building project at 320 Hemlock in Carlsbad. After listening to comments being made by the project architect and builder as well as area residents we were pleased the planning commission approved the project as we thought, too, there were far more positives than negatives regarding this proposed project. Since the April meeting, my wife and I have viewed multiple completed projects designed by KMA architects and were quite impressed with those structures and the footprint they left on the Carlsbad and surrounding area landscape. We have seen renderings of the Hemlock property proposal and feel they would nicely complement that area of Carlsbad. The city of Carlsbad is definitely in need of affordable coastal properties and when an affordable, well-designed, multiple family complex can be placed on the footprint of a former single-dwelling residential property without destroying the integrity of the neighborhood we feel the city of Carlsbad should take this initiative very seriously by approving this project. Thank you, Dennis ande Linda Moeller 7213 San Lucas Street Carlsbad, CA Tammy Cloud-McMinn From: Sent: To: Subject: Mark Nolte <mnolte13@gmail.com> Monday, July 12, 2021 10:04 AM City Clerk Hemlock homes I live on Redwood Ave. and am concerned about the direction the city is going in as it relates to development. I am watching four large homes being constructed by Rincon (who seems to be taking over the village area) on the corner of Redwood and Garfield. I support the efforts of the Coalition for Coastal Tamarack regarding 320 Hemlock. Some of our points: • Four units are too many for such a small lot/don't fit in with the neighborhood • Setbacks should match neighboring properties; proposed setbacks don't fit in with the neighborhood • Building of four units of this size/price actually reduces housing options for local people, raises rents, etc. Does not Need to adopt the floor-area-ratio method for building size (as opposed to lot coverage and building height only). • Four units of this size and price does nothing to help the "California housing crisis." Projects like this actually displace residents and reduce the availability of moderately priced housing. Not to mention, we can assume that a percentage of the new units won't be lived in at all; they will be second (or third) homes for someone or used as Airbnbs. Thank-you for your consideration. Mark Nolte CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Attachments: Dear Cle rk, Charles Lasher <charles@atlas.us.com> Monday, July 12, 2021 12:21 PM City Clerk City Council Hearing, Hemlock Coast Homes Hemlock Homes Project.pdf Please see the attached letter in reference to the upcoming meeting. Thank you. Charles Lasher CAUTION: Do not open attachments or click on links unless ou reco nize the sender and know the content i safe. 1 July 12, 2021 . Charles and Jennifer Lasher 265 Hemlock Ave Carlsbad, Ca 92008 Chris Garcia Community Development Department 1635 Faraday Ave Carlsbad, Ca 92008 Re: City Council Hearing, Hemlock Coast Home Dear City Council, I am writing this letter regarding the proposed construction project planned at320 Hemlock. As a resident on Hemlock, I am respectfully opposed to the planned construction of a 4-unit condominium complex. The practice of developers in the coastal area maximizing square footage on tear down projects has become more of a business practice in pushing the local zoning rules rather than bringing value to the communities they serve. As a community I believe we should consider plans that adequately address safety, sustainability, continuity, and current housing demands. The proposed project will significantly decrease parking availability on the street, which currently serves as a great spot for other Carlsbad residents to utilize the state beaches. In addition, the 30ft structure on the minimum set back lines is not in continuity with the neighborhood and does not address future sustainability if similar projects will be allowed going forward. Increased permanent congestion in the coastal area without a well-designed plan will eventually limit the ability of other Carlsbad residents to enjoy our beach areas safely. Current housing demands are not realistically being addressed by the construction of multi-million dollar condos and they do not bring community value to the neighborhood. I respectfully request that the city counsel approves the appeal and limits construction on 320 Hemlock to 3 units. Thank you for your consideration. Sincerely, Charles and Jennifer Lasher April 4, 2021 City of Carlsbad,Planning Division 1635 Faraday Avenue Carlsbad, California 92008 386 Hemlock Avenue Carlsbad, California 92008 lizardart@yahoo.com Re: Case Name:PUD 2020-0001/SDP 2020-0004/CDP 2020-0042/MS 2020-0003- Hemlock Coast Homes Community Development Department, I am very fortunate to live in a city which encourages intelligent and courteous discussion on the topic of property development through the Planning Department. This responsive process offers all proponents an opportunity to show cause. I am also grateful to live in a neighborhood with older and newer single family and multiple unit homes. This contributes to a vital neighborhood. Families want to live here and older residents feel safe with constant foot traffic and neighbor greetings. The inherent changes as some residents age out of their homes have recently made it a target for developers. Careful attention to both the residents and developers should maintain the vibrant character of this place. I am puzzled by the wizardry of modern mathematics and a labyrinthine decision making system that has deemed a lot at 320 Hemlock Avenue, initially deemed qualified for 3 unit development based on the size of the land mass, suddenly to be adequate to support 4 units by "rounding up". I urge those of you who are responsible for reviewing this plan from Hemlock Coast Homes to take the opportunity presented here and downsize this plan to the original 3 units with a generous setback from our road. Thank you for your attention. Sincerely yours, Janet C Newton Tammy Cloud-McMinn From: Sent: To: Cc: Subject: Dear Carlsbad City Council: kirk.allison@compacprops.com Monday, July 12, 2021 7:10 PM Planning; City Clerk kirk.allison@compacprops.com Message Of Support -Proposed Project -Hemlock Coast Homes at 320 Hemlock, Carlsbad, CA I would like to send a message in favor of the proposed 4-Unit residential project planned for 320 Hemlock Avenue in Carlsbad. It's exciting that another intelligently designed residential project may be developed in Carlsbad, to meet the incredible demand for quality housing in the area. I have worked in Carlsbad for many years (lived for years on Pine Avenue, not far from the subject site) ... there always seemed to be substantially more demand for housing than many neighborhoods could accommodate. That imbalance seems more pronounced than ever right now. City Staff has done a nice job in overseeing the "smart development" of many new projects in the Carlsbad Village and coastal corridor areas ... both residential and mixed use (residential over commercial/restaurant) ... this is another well thought out project that deserves support. The subject 4-unit residential project on Hemlock is a beautifully designed project offering smaller homes and by coastal standards, more affordable. The subject planned Hemlock Coast Homes project will enhance the surrounding neighborhood, while giving new residents an opportunity to live in a wonderful coastal community. We look forward to seeing another quality Carlsbad project move forward. Thank you for your consideration in reading my message. Regards, -Kirk Kirk D. Allison Commercial Pacific Properties Phone: 760-521-7501 License No. 01049184 Email: kirk.allison@compacprops.com San Diego, California ■ C t.l· \I :\I L.R C J .\ L P ,\ C I I-' I C ' I' ~ 1 l' t: tl T l F ~ 1 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tues., July 13, 2021, to consider the appeal of a Planned Development Permit, Site Development Plan, Coastal Development Permit and Tentative Parcel Map to demolish an existing single-family home and construct a four-unit, residential air-space condominium project on a 0.19-acre in-fill site located at 320 Hemlock Avenue, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1, and more particularly described as: THE NORTHEASTERLY 78 ½ FEET OF THE SOUTHEASTERLY 105 FEET OF LOT TWO, BLOCK "R" OF PALISADES NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1803, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 25, 1924 Whereas, on April 7, 2021 the City of Carlsbad Planning Commission voted 4/2/1 to approve a Planned Development Permit, Site Development Plan, Coastal Development Permit and Tentative Parcel Map to demolish an existing single-family home and construct a four-unit, residential air-space condominium project on a 0.19-acre in-fill site located at 320 Hemlock Avenue, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. The project site is not located within the appealable area of the California Coastal Commission. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332 "In-Fill Development Projects" of the State CEQA Guidelines and will not have any adverse significant impact on the environment. Interested parties are invited to attend this meeting and present their views and comments during the public hearing. Copies of the staff report will be available on and after Fri., July 9, 2021. If you have any questions, please contact Chris Garcia in the Planning Division at (760) 602-4622 or Chris.Garcia@carlsbadca.gov. If you challenge the Planned Development Permit, Site Development Plan, Coastal Development Permit and Tentative Parcel Map in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: CASE NAME: PUD 2020-0001/SDP 2020-0004/CDP 2020-0042/MS 2020-0003 (DEV2020-0023) HEMLOCK COAST HOMES PUBLISH: JULY 2, 2021 CITY OF CARLSBAD J CITY COUNCIL NOT TO SCALE SITE MAP Hemlock Coast Homes PUD 2020-0001/SDP 2020-0004/CDP 2020-0042/MS 2020-0003 (DEV2020-00: KOVENS CHERRY CARLSBAD LLC 29888 SYCAMORE RIDGE RD MURRIETA CA 92563 HERNANDEZ FAMILY TRUST 11-17-06 3677 GARFIELD ST CARLSBAD CA 92008 GUGLIELMO LIVING TRUST 02-26-96 4746 E PLACITA PROVIDA TUCSON AZ 85718 .GOLDMAN GLENN L FAMILY TRUST 08 -10-01 2653 ROOSEVELT ST STE #D CARLSBAD CA 92008 HICKS THOMAS E PO BOX 1393 RIVERSIDE CA 92502 3662-3664 GARFIELD STREET LLC 12231 WOODLAWN AVE 0 SANTA ANA CA 92705 HOPPE CASA DEL SOLL LC 6530 EL CAMINO DEL TEATRO LA JOLLA CA 92037 BROWN MARK C AND LILA M 267 JUNIPER AVE CARLSBAD CA 92008 SERAFIN L L C 4525 ADAMS ST CARLSBAD CA 92008 FITZGERALD MARK AND RENEE 377 JUNIPER AVE CARLSBAD CA 92008 MORSE LARRY D AND SARANNE C SURVIVORS TRUST 760 W 20TH ST MERCED CA 95340 ALVAREZ CHRISTINA M 2801 B ST UNIT 137 SAN DIEGO CA 92102 TALKE FRANKE AND KATHRYN A TRUST 03-11-92 PO BOX 675514 RANCHO SANTA FE CA 92067 RHODES JOHN L TRUST 12-07-18 285 ACACIA AVE CARLSBAD CA 92008 OCEAN BREEZE DEVELOPMENT LLC 6241 YARROW DR STE D CARLSBAD CA 92011 FREEBERG FAMILY TRUST 08-15-94 911 IRON HORSE CT SAN MARCOS CA 92078 COTTO PEDRO RAND TERESA LIVING TRUST 12-20-01 56 W MIRA MONTE AVE SIERRA MADRE CA 91024 JAEGER CHESTER E AND EILEEN D TRS 636 ALAMOSA DRIVE CLAREMONT CA 91711 BERWALD MICHAEL C AND GREENE ALLISON D 369 JUNIPER AVE CARLSBAD CA 92008 LEUNG IRENE 38259 FREMONT BLVD FREMONT CA 94536 CUNNINGHAM ROGER AND JULIE 1376 VIA DEL LOS GRANDE ., SAN JOSE CA 95120 DIES ROSE A 190 JUNIPER AVE CARLSBAD CA 92008 SPANISH LANDING CARLSBAD APARTMENT HOMES LP 1322 SCOTT ST STE 204 SAN DIEGO CA 92106 HEYWORTH ANNE E 539 BROOKS ST LAGUNA BEACH CA 92651 BERAN JOHN D AND CHERYL A FAMILY TRUST 06-01-88 2215 VIA MONSERATE FALLBROOK CA 92028 GAMMON WR FAMILY TRUST 05-03-16 9 E 500 N SALT LAKE CTY UT 84103 FOURMONT PAT P AND MICHELLE E , 257 JUNIPER AVE CARLSBAD CA 92008 J AND J REAL ESTATE HOLDINGS L L C 2 ESTATE ST REDLANDS CA 92373 HIND CATHARINE 99 NEVADA ST REDWOOD CITY CA 94062 C P JUNIPER LL C 385 JUNIPER AVE APT 103 CARLSBAD CA 92008 NEWTON JOHN WAND JANET C PO BOX 99 SOUTH CHATHAM MA 2659 MILNE CAROL FAMILY TRUST 10-21-03 1540 RANCHERO DR OCEANSIDE CA 92057 MONAHON ROBERT L JR AND JANE D 200 DINGLE RIDGE RD BREWSTER NY 10509 320 HEMLOCK LLC 2906 CORTE CELESTE CARLSBAD CA 92009 MYERS SAMUEL HAND COLLEENS 11114 E BURMUDA ST CERRITOS CA 90703 BALLARD RONALD AND MARTIN MARTA R 4211 BEACH BLUFF RD CARLSBAD CA 92008 KANE EDWARD J AND CAROL D 3166 SEABURY ST CARLSBAD CA 92010 LABRECQUE MICHELE 27378 RED IRONBARK DR VALLEY CENTER CA 92082 BEIER ADAM R 318 JUNIPER AVE APT 7 CARLSBAD CA 92008 NELSON JAMES RAND DONNA E 14959 LAKEWOOD LN GRASS VALLEY CA 95945 ESKANDANIAN BRETT A 384 HEMLOCK AVE CARLSBAD CA 92008 GLORIOSO ANGELA TRUST 02-15-11 364 HEMLOCK AVE CARLSBAD CA 92008 PIELLI CHRISTOPHER AND BOL CAROLINE E 26913 SANTA YNEZ WAY VALENCIA CA 91355 BLACIC FAMILY TRUST 09-11-91 260 HEMLOCK AVE CARLSBAD CA 92008 EFFENBERGER LIVING TRUST 06-11-14 2347 MOUNTAIN VIEW DR ESCONDIDO CA 92027 3710 GARFIELD LP PO BOX 5000 RANCHO SANTA FE CA 92067 RYAN FAMILY LIVING TRUST 07-05-00 5071 CIARDI CT CARLSBAD CA 92008 YAREMA LANCE C 318 JUNIPER AVE . 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SIGALL FAMILY TRUST 06-18-20 440 ANCHOR WAY CARLSBAD CA 92008 YEANEY SHEILAH REVOCABLE LIVING TRUST 08-29-06 7851 S HILL DR LITTLETON CO 80120 MONTAGUE LUKE AND MARSHA M 3750 NAUTICAL DR CARLSBAD CA 92008 GUNSON JUSTIN AND LINDSEY 3720 NAUTICAL DR CARLSBAD CA 92008 BOLTON M KENT 367 HEMLOCK AVE UNIT B CARLSBAD CA 92008 SMITH MEGAN ELIZABETH FAMILY TRUST 04 -03-17 365 HEMLOCK AVE UNIT B CARLSBAD CA 92008 LANZL JUSTIN 2114 PETALUMA AVE LONG BEACH CA 90815 FIELDS LONDON PO BOX 131749 CARLSBAD CA 92013 VALDIVIA FAMILY LIVING TRUST 10-25-00 1112 W TERNERO ST · TUCSON AZ 85704 BUTCHER NEAL HAND MELISSA L 460 ANCHOR WAY · CARLSBAD CA 92008 HADLEY RICHARD AND DONNA FAMILY TRUST 08-15-14 430 ANCHOR WAY CARLSBAD CA 92008 SMOLENSKI EDWARD 3735 NAUTICAL DR CARLSBAD CA 92008 VALDOVINOS VICTOR 3740 NAUTICAL DR CARLSBAD CA 92008 JULIANO-MAZZELLA TERESA LIVING TRUST 02-24-09 3715 HIBISCUS CIR CARLSBAD CA 92008 MURRAY ERIC AND JOYLYNN 3725 HIBISCUS CIR CARLSBAD CA 92008 GHIO PHYLLIS D TRUST 08-25-03 2618 GUNNELL AVE SAN PEDRO CA 90732 HENDRIX LOREN LAND VIRDEL M 3720 HIBISCUS CIR CARLSBAD CA 92008 SAYOC FAMILY TRUST 02-03-05 525.ANCHOR WAY CARLSBAD CA 92008 REISER MARK AND NANCY 3815 NAUTICAL DR CARLSBAD CA 92008 RETZER MARKLYN J AND WENDY D 3845 NAUTICAL DR CARLSBAD CA 92008 PAULDING MICHAEL G 3875 NAUTICAL DR CARLSBAD CA 92008 KULLMANN JASON AND LORI M 3860 NAUTICAL DR CARLSBAD CA 92008 KANE RYAN RAND KERRY C 3830 NAUTICAL DR CARLSBAD CA 92008 CULLEN FAMILY TRUST 05-06-1 6 3815 HIBISCUS CIR CARLSBAD CA 92008 BURNS ADAM RAND CHRISTINA I 3735 HIBISCUS CIR CARLSBAD CA 92008 ANGUIANO FAMILY 2015 TRUST 05-20-15 3740 HIBISCUS CIR CARLSBAD CA 92008 SUTHERLAND REVOCABLE TRUST 03-20-12 3710 HIBISCUS CIR CARLSBAD CA 92008 ·TAYLOR DAVID AND SCHRAM NEIL TRUST 04-23-04 6200 VIA SUBIDA PALOS VERDES PENI CA 90275 MAUS ROLAND TRUST 05-20-05 3825 NAUTICAL DR CARLSBAD CA 92008 KOLDEN MARYL LIVING TRUST 03-15-12 3962 ALZADA RD ALTADENA CA 91001 ROPER FRANK R JR AND PATRICIA A LIVING TRUST 07-11-07 '3885 NAUTICAL DR CARLSBAD CA 92008 INDRIERI RICHARD L FAMILY TRUST 12-09-91 4992 VIA MARTA CARLSBAD CA 92008 COLLINS CHARLES WAND JEANNIE 615 S NEVADA ST OCEANSIDE CA 92054 REDEN DULICE A TRUST 87-3197 JAPONICA RD CAPTAIN COOK HI 96704 DOUGHTY DOROTHY TRUST 02-03-16 3745 HIBISCUS CIR CARLSBAD CA 92008 VOORHEES JOHN F PO BOX 6055 ANAHEIM CA 92816 CARLSON DONALD O AND SHIRLEY J T TRS 14527 W RAVENSWOOD DR SUN CITY WEST AZ 85375 PERRY JEFFREY T AND KRISTEN M 3805 NAUTICAL DR CARLSBAD CA 92008 LAMP FAMILY TRUST 01-30-20 3835 NAUTICAL DR CARLSBAD CA 92008 ANDERSON ROBERT AND LAURA FAMILY TRUST 02-02-18 2278 PLAZUELA ST CARLSBAD CA 92009 GARCIA FRANCIS T AND JULIANN 3895 NAUTICAL DR CARLSBAD CA 92008 JONVILLE FAMILY LIVING TRUST 12-11-17 146 CADMUS ST ENCINITAS CA 92024 ROBB PATRICIA S REVOCABLE TRUST 05-07-13 3810 NAUTICAL DR CARLSBAD CA 92008 NASSIF GEORGE F 3835 HIBISCUS CIR CARLSBAD CA 92008 OCCUPANT 267 JUNIPER AVE CARLSBAD CA 92008 OCCUPANT 295 JUNIPER AVE CARLSBAD CA 92008 OCCUPANT 345 JUNIPER AVE APT 3 CARLSBAD CA 92008 OCCUPANT 345 JUNIPER AVE APT 6 CARLSBAD CA 92008 OCCUPANT 345 JUNIPER AVE APT 9 CARLSBAD CA 92008 OCCUPANT 345 JUNIPER AVE APT 12 CARLSBAD CA 92008 OCCUPANT . 320 HEMLOCK AVE CARLSBAD CA 92008 OCCUPANT 302 HEMLOCK AVE APT A CARLSBAD CA 92008 OCCUPANT 305 HEMLOCK AVE CARLSBAD CA 92008 OCCUPANT 333 HEMLOCK AVE CARLSBAD CA 92008 OCCUPANT 285 JUNIPER AVE CARLSBAD CA 92008 OCCUPANT 345 JUNIPER AVE APT 1 CARLSBAD CA 92008 OCCUPANT 345 JUNIPER AVE APT 4 CARLSBAD CA 92008 OCCUPANT 345 JUNIPER AVE APT 7 CARLSBAD CA 92008 OCCUPANT 345 JUNIPER AVE APT 10 CARLSBAD CA 92008 OCCUPANT 330 HEMLOCK AVE CARLSBAD CA 92008 OCCUPANT 290 HEMLOCK AVE APT A CARLSBAD CA 92008 OCCUPANT 302 HEMLOCK AVE APT B CARLSBAD CA 92008 OCCUPANT 315 HEMLOCK AVE CARLSBAD CA 92008 OCCUPANT 331 HEMLOCK AVE CARLSBAD CA 92008 OCCUPANT 285B JUNIPER AVE CARLSBAD CA 92008 OCCUPANT 345 JUNIPER AVE APT 2 CARLSBAD CA 92008 OCCUPANT 345 JUNIPER AVE APT 5 CARLSBAD CA 92008 OCCUPANT 345 JUNIPER AVE APT 8 CARLSBAD CA 92008 OCCUPANT 345 JUNIPER AVE APT 11 CARLSBAD CA 92008 OCCUPANT 330 HEMLOCK AVE CARLSBAD CA 92008 OCCUPANT 290 HEMLOCK AVE APT B CARLSBAD CA 92008 OCCUPANT 285 HEMLOCK AVE CARLSBAD CA 92008 OCCUPANT 335 HEMLOCK AVE CARLSBAD CA 92008 -29 PRINTED - BILLEB BRYAN C 3845 HIBISCUS CIR CARLSBAD CA 92008 CALDWELL DAVID J AND SORANA 3850 HIBISCUS CIR CARLSBAD CA 92008 WIEDERKEHR LIVING TRUST 04 -19-05 3820 HIBISCUS CIR CARLSBAD CA 92008 PAWLOWSKI BYPASS TRUST 19309 ITASCA ST NORTHRIDGE CA 91324 PATTEN ROBERT F TRUST PO BOX 37 SAN MARCOS CA 92079 CORDONNIER MICHAEL J AND SARAH 3810 HIBISCUS CIR CARLSBAD CA 92008 COOKE RENE M FAMILY TRUST 03-18-16 3865 HIBISCUS CIR CARLSBAD CA 92008 BLAIR LESLIE RAND DOROTHY C 2001 FAMILY TRUST 3830 HIBISCUS CIR CARLSBAD CA 92008 -218 PRINTED-- * DUPLICATE OWNERS REMOVED City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Planning Commission Appeal Hemlock Coast Homes Chris Garcia, Associate Planner July 13, 2021 Carlsbad Municipal Code (CMC) Section 21.54.150 outlines procedures for appeals of Planning Commission decisions, and states: “Grounds for appeal shall be limited to the following: that there was an error of abuse of discretion on the part of the planning commission in that the decision was no supported by the facts presented to the planning commission prior to the decision being appealed; or that there was not a fair and impartial hearing”.2 CMC 21.54.150 Section 21.54.150 goes on to state that the City Council’s consideration is “de novo” (or “like new”) but limits the consideration to “only the evidence presented to the Planning Commission for consideration in the determination or decision being appealed.” Therefore, no new information may be considered by the City Council that was not presented to the Planning Commission. The appeal is limited to the grounds stated in the appeal. The City Council may uphold, modify or overturn the Planning Commission’s decision. 3 CMC 21.54.150 •Staff presentation •Council opportunity to ask questions of staff •Appellant presentation •Applicant presentation •Mayor opens public hearing •Council receives comments from speakers •Mayor closes public hearing •Council discussion •Council decision4 Procedure 5 Aerial Map Hemlock Coast Homes PUD 2020-0001/SDP 2020-0004 CDP 2020-0042/Me OOJ (DEV2020-0023 • 0 50 100 •Residential condominium project –4 total units in two, three-story buildings –All three-bedroom units (1,949 – 2,349 s.f.) –All units have an attached two-car garage –Two common visitor parking spaces on-site •Additional visitor parking in driveway of Unit 1 6 Project Information Site Plan 7 UNIT 3 3 STORIES 1.949S0.FT -UNIT1 JSTORIES 2.1◄150.FT llfVl<Y,AY I PARKIIG (7) SP I ~ _ LINE CF BLDG MV _ """'"" UNIT4 JSTORIES 1.949 SO. FT. OARACE UNIT2 JSTORIES t349SO. FT. OOIIJSAOOM 8 •January 2020 –Preliminary review application •October 2020 –Formal application submitted •April 2021 –Planning Commission approved –Appeal filed •July 2021 –City Council appeal hearing 9 Project History Concerns Raised in the Appeal •Density •Front setback •Lack of information 10 Density 11 •General Plan Land Use: R-23 Residential –15-23 dwelling units per acre –Lot size (0.19 acres) allows 3-4 units •Consistent with Growth Management Control Point •Consistent with City Council Policy No. 43 •April 6, 2021: City Council adopted a resolution regarding growth management and housing caps Front Setback 12 •CMC Chapter 21.45 –Planned Developments –10’ setback from street –20’ setback from street for direct entry garages •Property line located 8’ from face of curb •Project complies with objective standards Lack of Information 13 •Planning Commissioners: –Received project staff report and plans –Received a briefing from staff –Received written public comments –Visited the site and/or viewed via online maps –Asked questions of staff and received answers State Housing Accountability Act •GC §65589.5(j)(1) states cities shall not disapprove a project or impose a condition requiring lower density unless the city finds based on a preponderance of evidence that the project would have a specific, adverse impact on public health or safety, or there is no feasible method to satisfactorily mitigate or avoid such adverse impact 14 Recommendation 15 Staff recommends that the City Council… ADOPT a resolution DENYING the appeal and UPHOLDING the Planning Commission’s decision to approve the project entitled Hemlock Coast Homes Planning Commission Appeal Hemlock Coast Homes Chris Garcia, Associate Planner July 13, 2021 Back-Up Slides 17 Building A –South/Hemlock 18 Building B – South/Internal 19 General Plan Land Use - ----------.--------~-------------- ----------