HomeMy WebLinkAbout2025-05-13; City Council; 09; California Coastal Commission’s suggested modifications to the Citywide Objective Design StandardsCA Review CKM
Meeting Date: May 13, 2025
To: Mayor and City Council
From: Geoff Patnoe, City Manager
Staff Contact: Shelley Glennon, Associate Planner
shelley.glennon@carlsbadca.gov, 442-339-2605
Subject: California Coastal Commission’s suggested modifications to the Citywide
Objective Design Standards
Districts: All
Recommended Action
1)Hold a public hearing; and
2)Introduce an ordinance acknowledging receipt of and approving the California Coastal
Commission’s suggested modifications to the Local Coastal Program (Zoning Ordinance) for
ZCA 2020-0003/LCPA 2020-0007 (Exhibit 1).
Executive Summary
The City Council approved new citywide objective design standards for multifamily housing and
mixed-use development projects on Aug. 29, 2023. The standards establish the minimum
requirements for building design and layout of new multifamily and mixed-use projects proposed
anywhere within the city except for the Village & Barrio Master Plan area. (Objective design
standards for that area were developed, considered and approved by the City Council in a
separate action.)
The new design standards have been in effect in areas outside the Coastal Zone since November
2023. For the standards to be applied in the Coastal Zone, which covers slightly more than two-
thirds of the city, an amendment to the city’s Local Coastal Program, the planning document for
the area, must first be approved by the California Coastal Commission.
A Local Coastal Program amendment was included as part of the City Council’s action on
Aug. 29, 2023, and it was submitted for California Coastal Commission consideration on
Oct. 31, 2023. The Coastal Commission considered the city’s amendment and approved the
proposed design standards with minor modifications on Feb. 6, 2025.
The City Council is being asked to consider and approve the California Coastal Commission’s
changes so that they can become effective. Adoption of the standards are a requirement in the
city’s adopted 2021-2029 Housing Element the part of the General Plan that addresses housing
needs, and with this City Council action, the city will have satisfied this requirement.
May 13, 2025 Item #9 Page 1 of 32
Explanation & Analysis
Background
Among other things, there are policies, programs and objectives within the city’s certified 2021-
2029 Housing Element that require the city to transition away from land use regulations and
standards that are considered “subjective” and open to interpretation, to more “objective”
standards that involve no personal or subjective judgment or interpretation by city staff, public
officials or the public and are uniformly understood and applied. Specifically, the Housing
Element’s Program 1.11 requires the development of objective design standards for multifamily
housing and mixed-use projects.
To satisfy this requirement, the City Council on Aug. 29, 2023, approved amendments to the city’s
Zoning Ordinance and Local Coastal Program adopting objective design standards. In short, the
amendments established new objective standards involving site design, building design and
composition of mixed-use development. For more information regarding the standards, refer to
Exhibit 2.
The new standards have been effective in areas outside the Coastal Zone and the Village & Barrio
Master Plan area since Nov. 13, 2023. For the new standards to be effective within the Coastal
Zone, the California Coastal Commission had to review and approve the city’s Local Coastal
Program amendment.
Coastal Commission proposed modifications
The city submitted its Local Coastal Program amendment to the California Coastal Commission for
certification on Oct. 31, 2023,. After review and consideration, the Coastal Commission approved
the amendment on Feb. 6, 2025, with certain modifications (Exhibit 5), as summarized below:
•Added language clarifying that development within the Coastal Zone shall comply with all
applicable objective standards within the Carlsbad Local Coastal Program
•Added the latest City Council adoption date of the Multifamily Housing and Mixed-Use
Development Objective Design Standards Manual (the “Design Manual”), to ensure the most
current design manual is being implemented
•Added language clarifying that the Local Coastal Program’s objective standards shall prevail if
in conflict with the standards listed in the accompanying Design Manual
•Added objective language to lighting requirements that provides stricter standards for
projects adjacent to existing and proposed preserve areas within the Coastal Zone
•Added language to the definition of “fully shielded” to make it consistent with other Coastal
Commission lighting standards elsewhere
Staff have reviewed and considered the modifications and recommend that the City Council adopt
the California Coastal Commission’s suggested modifications as presented. If the City Council does
not adopt the Coastal Commission’s suggested modifications, Ordinance No. CS-457, the objective
design standards, will not become effective in the Coastal Zone. The Coastal Commission’s
suggested modifications are shown in strikeout/underlined format in Exhibit 4.
May 13, 2025 Item #9 Page 2 of 32
Housing Element and state restrictions
Each jurisdiction must identify specific programs in its housing element that will be implemented
over a planning period to implement the stated policies and achieve the stated goals and
objectives. The city’s adoption of the Housing Element on April 6, 2021, which includes Housing
Element Program 1.11 “Objective Design Standards,” and subsequent certification from the
California Department of Housing and Community Development, requires the amendments
approved in Ordinance No. CS-457 (Exhibit 3).
The City Council may approve or deny the California Coastal Commission’s suggested
modifications; however, a denial will mean the original changes adopted by the City Council in
2023 will not go into effect in the Coastal Zone. Failure to have objective design standards in the
Coastal Zone means the city runs the risk of not meeting its Housing Element commitments and
complying with certain state housing laws.
Assembly Bill 72, which passed in 2017 and is reflected in California Government Code Section
65585, authorized the Department of Housing and Community Development to review “any action
or failure to act” by a city that it determines “inconsistent” with the city’s adopted housing
element or California Government Code Section 65583 (part of the Housing Element Law),
including any failure to implement any programs included in the jurisdiction’s housing element. If
the Department of Housing and Community Development determines that the city’s action or
failure to act does not “substantially comply” with the state Housing Element Law, or the city’s
adopted Housing Element as certified by the state, then the department may revoke that
certification until it determines that the city has come into compliance.
Fiscal Analysis
There is no anticipated fiscal impact from this action.
Next Steps
Staff will present the ordinance for second reading and the City Council’s approval at the next City
Council meeting. Staff will then submit evidence to the California Coastal Commission that the
suggested modifications were received and acted on by the City Council.
At the next regularly scheduled Coastal Commission hearing, the Executive Director of the Coastal
Commission is to report the commission’s determination that the suggested modifications have
been implemented. The amendments to the Zoning Ordinance and Local Coastal Program
amendments, as approved by Ordinance No. CS-457 and amended by the suggested modifications,
will become effective immediately after the Executive Director’s report to the Coastal Commission.
Environmental Evaluation
Prior to final action by the decision-making body on the project, an environmental determination
shall be made by the appropriate decision-makers as part of the approval action to ensure agency
compliance with the California Environmental Quality Act (CEQA). Staff have reviewed the scope of
the project and determined the proposed action to make minor modifications to existing objective
standards within Carlsbad Municipal Code Title 21, Chapter 21.88 “Multifamily and Mixed-Use
Development – Objective Design Standards,” is exempt from environmental review under CEQA
Guidelines Sections 15061(b)(3) and 15378(b)(5) as it can be seen with certainty that there is no
possibility the proposed action may have a significant effect on the environment. A draft Notice of
Exemption is included as Exhibit 5. This must be reviewed and considered prior to approval of the
project. The draft Notice of Exemption demonstrates that the project qualifies for the exemption.
May 13, 2025 Item #9 Page 3 of 32
Exhibits
1.City Council ordinance
2.City Council staff report, dated Aug. 29, 2023 (on file in the Office of the City Clerk)
3.City Council Ordinance No. CS-457 (on file in the Office of the City Clerk)
4.Coastal Commission’s suggested modifications approval letter, dated Feb. 21, 2025
5.Coastal Commission suggested modifications staff report, dated Jan. 23, 2025
6.Draft notice of CEQA exemption
May 13, 2025 Item #9 Page 4 of 32
Exhibit 1
ORDINANCE NO. CS-493
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACKNOWLEDGING RECEIPT OF AND APPROVING THE
CALIFORNIA COASTAL COMMISSION’S SUGGESTED MODIFICATIONS TO THE
LOCAL COASTAL PROGRAM (ZONING ORDINANCE) FOR ZCA 2020-0003/
LCPA 2020-0007
WHEREAS, on Sept. 12, 2023, the City Council adopted Ordinance No. CS-457, approving ZCA
2020-0003/LCPA 2020-0007 – Citywide Objective Design Standards Project; and
WHEREAS, the Carlsbad Zoning Ordinance is the implementing ordinance of the Carlsbad Local
Coastal Program, and therefore, an amendment to the Zoning Ordinance also constitutes an
amendment to the Local Coastal Program; and
WHEREAS, the California Coastal Act requires California Coastal Commission certification of any
Local Coastal Program Amendment; and
WHEREAS, on Feb. 6, 2025, the California Coastal Commission approved the city’s Local
Coastal Program Amendment (LCPA 2020-0007) with suggested modifications; and
WHEREAS, the California Coastal Commission’s approval of LCPA 2020-0007 will not become
effective until the Commission certifies that the city has amended its Local Coastal Program pursuant
to the Commission’s suggested modifications; and
WHEREAS, on May 13, 2025, the City Council held a duly noticed public hearing as prescribed
by law to consider the California Coastal Commission’s suggested modifications.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows:
1. The above recitations are true and correct.
2.Compliance with CEQA. The proposed action to make minor modifications to existing
objective standards within Carlsbad Municipal Code (CMC) Title 21 Chapter 21.88
“Multifamily and Mixed-Use Development – Objective Design Standards,” is exempt
from environmental review under CEQA Guidelines Section 15061(b)(3) and 15378(b)(5)
as it can be seen with certainty that there is no possibility the proposed action may have
a significant effect on the environment. The notice of exemption will be filed with the
Recorder/County Clerk within five days after project approval by the decision-making
body.
May 13, 2025 Item #9 Page 5 of 32
3.Carlsbad Municipal Code Section 21.88.030 is amended to read as follows:
A.Other Applicable Objective Standards. Eligible projects must comply with all
other objective standards in the Carlsbad Municipal Code for topics on which
Chapter 21.88 is silent. Development within the Coastal Zone shall comply with
all applicable objective standards within the Carlsbad Local Coastal Program.
4.Carlsbad Municipal Code Section 21.88.040 is amended to read as follows:
The City of Carlsbad’s Multifamily Housing and Mixed-Use Development Objective
Design Standards Manual adopted by City Council on [date] is incorporated by reference
into this chapter.
5.Incorporated by reference in Carlsbad Municipal Code Section 21.88.040, the
Multifamily Housing and Mixed-Use Development Objective Design Standards Manual
(Section 1 Part C Subsection 4) is amended to read as follows:
4. Reconcile Conflicting Standards. The City of Carlsbad maintains multiple
regulatory documents that contain design direction for multifamily residential
and mixed-use development, including the Carlsbad Municipal Code, specific
plans, and master plans. In the case of a conflict between an objective standard
in this Manual and an objective standard in another regulatory document, the
standard in this Manual shall prevail.
Exception: The objective design standards specified in the applicable Local
Coastal Program, master plan or specific plan shall prevail if such standards
conflict with the standards of the Multifamily Housing and Mixed-Use
Development Objective Design Standards Manual.
6.Incorporated by reference in Carlsbad Municipal Code Section 21.88.040, the
Multifamily Housing and Mixed-Use Development Objective Design Standards Manual
(Section 2 Part B Subsection 2) is amended to delete the following section below and to
subsequently renumerate the following three subsections 3 through 5 to 2 through 4:
2. Number of Parking Spaces. The provisions of Section 21.44.020, Off-Street
May 13, 2025 Item #9 Page 6 of 32
Parking Spaces Required, of the Carlsbad Municipal Code shall be
implemented except as defined by Section 65585 of the Government Code:
7.Incorporated by reference in Carlsbad Municipal Code Section 21.88.040, the
Multifamily Housing and Mixed-Use Development Objective Design Standards Manual
(Section 5 Part D Subsection 3) is amended to read as follows:
D. Lighting. Outdoor light fixtures, including pole lights, wall-mounted lights and
bollards shall be fully-shielded and downward-facing in order to minimize glare
and light trespass within and beyond the project site.
1. All areas for pedestrian and vehicular circulation, entrances, parking, and
common recreational spaces shall incorporate lighting programmed with dusk
to dawn lighting for safety and security.
2. Energy-efficient fixtures incorporating light emitting diode (LED) lamps or
equivalent energy-efficient fixtures shall be used.
3. For projects located within the Coastal Zone and adjacent to existing and
proposed preserve areas identified in the Habitat Management Plan within
the Coastal Zone, the following additional lighting requirements shall apply
unless it can be demonstrated that such features would not meet required
safety measures: correlated color temperature shall not exceed 2700 Kelvins,
lighting fixtures shall be the minimum lumens required for safety and security,
uplighting shall not be allowed, and lighting shall not blink or flash.
8.Incorporated by reference in Carlsbad Municipal Code Section 21.88.040, the
Multifamily Housing and Mixed-Use Development Objective Design Standards Manual
(Appendix A Definition of Fully-Shielded) is amended to read as follows:
Fully-Shielded. A term describing a light that is constructed so that light rays
directly emitted by the fixture are projected below a horizontal plane running
through the lowest point on the fixture where light is emitted. Shielded means
that the light rays are directed onto the site, and the light source (e.g., bulb, tube,
etc.) is not visible beyond the property boundary of the site of the light source.
May 13, 2025 Item #9 Page 7 of 32
EFFECTIVE DATE: This ordinance shall be effective either thirty days after its adoption, or upon
the date the Executive Director of the California Coastal Commission certifies that implementation of
LCPA 2020-0007 will be consistent with the Coastal Commission's approval of the Local Coastal Program
amendments with suggested modifications, whichever occurs later. The City Clerk shall certify the
adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance
prepared by the City Attorney to be published at least once in a newspaper of general circulation in the
City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 13th
day of May, 2025, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the __ day of ________, 2025, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CINDIE K. McMAHON, City Attorney
_______________________________________
KEITH BLACKBURN, Mayor
_______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
May 13, 2025 Item #9 Page 8 of 32
Exhibit 2
City Council staff report, dated Aug. 29, 2023
(on file in the Office of the City Clerk)
May 13, 2025 Item #9 Page 9 of 32
Exhibit 3
City Council Ordinance No CS-457
(on file in the Office of the City Clerk)
May 13, 2025 Item #9 Page 10 of 32
STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR
CALIFORNIA COASTAL COMMISSION
SAN DIEGO DISTRICT OFFICE 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4402 VOICE (619) 767-2370 FAX (619) 767-2384
February 21, 2025 SENT VIA EMAIL ONLY
Shelley Glennon
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Re: Certification of City of Carlsbad LCP Amendment No. LCP-6-CAR-23-0050-1
(Citywide Objective Design Standards)
Dear Ms. Glennon:
On February 6, 2025, the California Coastal Commission approved the above referenced amendment to the City of Carlsbad Local Coastal Program (LCP). The amendment involves creating a new chapter within the City’s certified Zoning Ordinance, Chapter 21.88
(Multifamily Housing and Mixed-Use Development – Objective Design Standards) to
establish objective design standards for eligible projects and to incorporate by reference the City of Carlsbad’s new Multifamily Housing and Mixed-Use Development Objective Design Standards Manual.
The Commission approved the LCP amendment with suggested modifications to clarify
that multifamily and mixed-use housing projects shall be consistent with the coastal
resource protection and, if applicable, the public access requirements of the LCP, and to add additional objective standards where the LCP may currently only include subjective standards. The attached modifications contain the specific changes adopted by the Coastal Commission.
Before the amendment request can become effectively certified, the Executive Director
must determine that implementation of the approved amendment will be consistent with the Commission’s certification order. This is necessary because the amendment was certified with suggested modifications.
In order for the Executive Director to make this determination, the local government must
formally acknowledge receipt of the Commission’s resolution of certification, including any terms or suggested modifications; and take any formal action which is required to satisfy them, such as revised plan policies, rezonings or other ordinance revisions. This certification must also include production of new LCP text demonstrating that the
amendment, as approved by the Commission and accepted by the City, will be
incorporated into the City’s certified Local Coastal Program immediately upon concurrence by the Commission of the Executive Director’s determination. The local government’s action must be completely consistent with the Commission’s certification order; if you are
Exhibit 4
May 13, 2025 Item #9 Page 11 of 32
February 21 , 2025
Page2
considering any change from what is presented in the attached suggested modifications,
you should contact this office immediately.
The Commission's certification order remains valid for six months from the date of its
action; therefore, it is necessary for the City of Carlsbad to take the necessary steps within
six months. If you believe that the City of Carlsbad will need additional time, you may
request up to a one-year time extension but such an extension must be granted by the
Coastal Commission at a subsequent hearing. As soon as the necessary documentation
is received in this office and accepted, the Executive Director will report his/her
determination to the Commission at its next regularly scheduled public hearing. If you
have any questions about the Commission's action or this final certification procedure,
please contact our office. Thank you and the other staff members who worked on this
planning effort. We remain available to assist you and your staff in any way possible to
continue the successful implementation of the local coastal program.
May 13, 2025
Sincerely,
For:
Kaitlin Carney
District Supervisor
2
Item #9 Page 12 of 32
February 21, 2025 Page 3
3
SUGGESTED MODIFICATIONS
Staff recommends the following suggested revisions to the proposed Implementation Plan be adopted. The underlined sections represent language that the Commission suggests be
added, and the struck-out sections represent language which the Commission suggests be
deleted from the language as originally submitted.
1. Modify IP Section 21.88.030 (Additional Provisions) subsection A as follows:
A.Other Applicable Objective Standards. Eligible projects must comply with all
other objective standards in the Carlsbad Municipal Code for topics on whichChapter 21.88 is silent. Development within the Coastal Zone shall comply withall applicable objective standards within the Carlsbad Local Coastal Program.
2. Modify IP Section 21.88.040 (Incorporation of the Multifamily and Mixed-UseObjective Design Standards Manual by Reference) as follows:
The City of Carlsbad’s Multifamily Housing and Mixed-Use Development Objective
Design Standards Manual adopted by City Council on [date] is incorporated by
reference into this chapter.
3.Modify Multifamily Housing and Mixed-Use Development Objective Design
Standards Manual Section 1 (Introduction) Part 4 as follows:
4. Reconcile Conflicting Standards. The City of Carlsbad maintains multiple
regulatory documents that contain design direction for multifamily residential
and mixed-use development, including the Carlsbad Municipal Code, specific
plans, and master plans. In the case of a conflict between an objective
standard in this Manual and an objective standard in another regulatory
document, the standard in this Manual shall prevail.
Exception: The objective design standards specified in the applicable Local
Coastal Program, master plan or specific plan shall prevail if such standards
conflict with the standards of the Multifamily Housing and Mixed-Use
Development Objective Design Standards Manual.
4.Modify Multifamily Housing and Mixed-Use Development Objective Design
Standards Manual Section 2 (Site Design Standards) Part B Subsection 2 as
follows:
2. Number of Parking Spaces. The provisions of Section 21.44.020, Off-Street
May 13, 2025 Item #9 Page 13 of 32
February 21, 2025 Page 4
4
Parking Spaces Required, of the Carlsbad Municipal Code shall be
implemented except as defined by Section 65585 of the Government Code:
[Renumber the following sections accordingly]
5.Modify Multifamily Housing and Mixed-Use Development Objective Design
Standards Manual Section 5 (Utilitarian Design Standards) Part D Subsection 3 as
follows:
D. Lighting. Outdoor light fixtures, including pole lights, wall-mounted lights and
bollards shall be fully-shielded and downward-facing in order to minimize glare
and light trespass within and beyond the project site.
1.All areas for pedestrian and vehicular circulation, entrances, parking, and
common recreational spaces shall incorporate lighting programmed with
dusk to dawn lighting for safety and security.
2. Energy-efficient fixtures incorporating light emitting diode (LED) lamps or
equivalent energy-efficient fixtures shall be used.
3. For projects located within the Coastal Zone and adjacent to existing and
proposed preserve areas identified in the Habitat Management Plan within
the Coastal Zone, the following additional lighting requirements shall apply
unless it can be demonstrated that such features would not meet required
safety measures: correlated color temperature shall not exceed 2700
Kelvins, lighting fixtures shall be the minimum lumens required for safety
and security, uplighting shall not be allowed, and lighting shall not blink or
flash.
6. Modify Multifamily Housing and Mixed-Use Development Objective Design
Standards Manual Appendix A (Definitions) as follows:
Fully-Shielded. A term describing a light that is constructed so that light rays directly emitted by the fixture are projected below a horizontal plane running through the lowest point on the fixture where light is emitted. Shielded means that the light rays are directed onto the site, and the light source (e.g., bulb, tube, etc.) is not visible beyond the property
boundary of the site of the light source.
May 13, 2025 Item #9 Page 14 of 32
STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR
CALIFORNIA COASTAL COMMISSION
SAN DIEGO DISTRICT OFFICE 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4402 VOICE (619) 767-2370 FAX (619) 767-2384 Th20b
Date: January 23, 2025
To: COMMISSIONERS AND INTERESTED PERSONS
From: KARL SCHWING, DEPUTY DIRECTOR, SAN DIEGO COAST DISTRICT
KAITLIN CARNEY, DISTRICT SUPERVISOR, SAN DIEGO COAST DISTRICT CHELSEA JANDER, COASTAL PLANNER, SAN DIEGO COAST DISTRICT
Subject: STAFF RECOMMENDATION ON CITY OF CARLSBAD MAJOR AMENDMENT NO. LCP-6-CAR-23-0050-1 (Citywide Objective Design
Standards) for Commission Meeting of February 5-6, 2025
SYNOPSIS
The subject LCP implementation plan amendment was submitted and filed as complete on January 3, 2024. A one-year time extension was granted on March 14, 2024. As such, the
last date for Commission action on this item is March 28, 2025. This amendment affects the City’s certified Implementation Plan only.
The subject request was submitted with LCP Amendment No. LCP-6-CAR-23-0048-1, which relates to zoning code updates regarding accessory dwelling units and is scheduled for consideration at the February 2025 Commission hearing; LCP Amendment No. LCP-6-
CAR-23-0049-1, which relates to updating the zoning code regarding alternative and temporary housing and was certified as submitted on September 12, 2024; and LCP Amendment No. LCP-6-CVR-23-0051-1, which relates to modifying the Village and Barrio Master Plan to include objective design standards and will be scheduled for the Commission’s consideration at a future hearing.
SUMMARY OF AMENDMENT REQUEST
The City of Carlsbad is requesting an amendment to the City’s Zoning Ordinance, part of the certified LCP Implementation Plan (IP), in order to establish citywide objective design standards for multifamily housing and mixed-use development projects. Specifically, the
proposed amendment creates a new chapter within the City’s certified Zoning Ordinance, Chapter 21.88 (Multifamily Housing and Mixed-Use Development – Objective Design Standards) to establish objective design standards for eligible projects and to incorporate by reference the City of Carlsbad’s new Multifamily Housing and Mixed-Use Development Objective Design Standards Manual.
Exhibit 5
May 13, 2025 Item #9 Page 15 of 32
LCP-6-CAR-23-0050-1 (Citywide Objective Design Standards)
2
Various state housing laws, including the Housing Accountability Act (Government Code
Section 65589.5) and Streamlined Ministerial Approval Process (SB 423 (Wiener, 2023);
Government Code Section 65913.4), require that qualifying housing projects be subject only to objective design standards. Objective design standards are typically measurable and demonstrable. Subjective design guidelines are typically open to interpretation and not technically measurable. The intent of having objective design standards is to provide
specific standards that will make clear to developers, design professionals, applicants, City
staff, decisionmakers, and the public what standards will be used in the review of project submittals. Objective design standards are intended to encourage multifamily and mixed-use housing production by creating clear standards applicable to all such projects by quantifying and standardizing some of the existing subjective requirements.
The Streamlined Ministerial Approval Process which is in effect in the Coastal Zone as of January 1, 2025, creates a streamlined ministerial approval process for eligible affordable housing development projects located in jurisdictions that have not met their housing element targets related to regional housing needs or that have not adopted a compliant
housing element. Eligible multifamily and mixed-use housing projects would be able to
utilize a streamlined ministerial approval process, which would require the project to comply with only the objective design standards. Among other criteria, eligibility for the streamlined ministerial approval process is determined by a variety of requirements, including an affordability component and certain labor and wage requirements. In addition,
Government Code Section 65913.4 also clarifies where project sites must be located in
order to be eligible for the streamlined ministerial approval projects. Project sites must be in an urban area, outside of the Commission’s geographic appeal jurisdiction, in an area subject to a certified LCP or certified LUP, outside of areas vulnerable to five feet of sea level rise, in an area zoned for multifamily housing, not within 100 feet of a wetland, not on
prime agricultural land, and outside of other statewide exclusion areas.
To comply with state law, the City is proposing amendments to its certified IP to include citywide objective design standards for multifamily housing and mixed-use development projects. The proposed amendments will allow the City to approve multifamily housing and
mixed-use development projects utilizing objective standards in compliance with state law.
SUMMARY OF STAFF RECOMMENDATION
Staff is recommending denial of the Implementation Plan (IP) amendment as submitted, and staff is recommending approval of the Implementation Plan (IP) as modified through
suggested modifications.
The Commission may reject IP amendments only if the amendment would be inconsistent with the certified Land Use Plan (LUP) or render the IP inadequate to carry out the LUP. As proposed by the City, the amendment would create a new chapter within Chapter 21 of
the Zoning Code, which is part of the certified IP. The new chapter would include new
policies for citywide objective design standards for multifamily housing and mixed-use development projects. In general, these provisions will ensure that coastal resources including visual quality and community character are protected. The proposed amendment
May 13, 2025 Item #9 Page 16 of 32
LCP-6-CAR-23-0050-1 (Citywide Objective Design Standards)
3
includes various objective site planning requirements like parking screening, building
materials, and roof materials that would have no impact on coastal resources or public
access. However, the Commission is concerned that design elements like lighting lack objective standards that would adequately protect biological resources. The standard of review for LCP implementation submittals or amendments is their consistency with and ability to carry out the provisions of the certified LUP.
As such, staff are recommending the following suggested modifications to clarify that multifamily and mixed-use housing projects shall be consistent with the coastal resource protection and, if applicable, the public access requirements of the LCP, and to add additional objective standards where the LCP may currently only include subjective
standards.
Suggested Modifications #1 and #3 clarify that in addition to the other applicable objective standards of the municipal code, any eligible project within the Coastal Zone shall also be consistent with all objective standards of the certified LCP. While the City may not be able to apply the subjective policies of the LCP in certain circumstances, the
City will still be required to impose the objective requirements of the LCP, beyond those
included in the new Multifamily Housing and Mixed-Use Development Objective Design Standards Manual, to ensure protection of coastal resources and public access, where applicable. These suggested modifications also clarify that in the case of a conflict between the new Objective Design Standards Manual and the LCP, the LCP shall prevail.
Suggested Modifications #5 and #6 address biological resource protection within the
new Objective Design Standards Manual through additional lighting requirements for projects located within the Coastal Zone and adjacent to existing and future Habitat Management Plan preserve parcels also within the Coastal Zone. This will update the lighting requirements to use the Commission’s definition of “fully-shielded” lighting and
requires projects to include correlated color temperature to not exceed 2700 Kelvins,
lighting fixtures will be the minimum lumens required for safety and security, uplighting is not allowed, and lighting shall not blink or flash. The lighting requirements would be required to apply unless it can be demonstrated that such features would not meet required safety measures.
In sum, the amendment should provide guidance in a manner that respects and protects coastal resources while ensuring consistency with other state laws intended to encourage and promote the creation of affordable housing. As modified, the proposed amendment is consistent with and adequate to carry out the Land Use Plan (LUP), the standard of review
for this IP amendment, and the City has indicated it is in agreement with staff
recommendation. Therefore, staff recommends that the Commission approves the amendment with the suggested modifications below.
The appropriate motions and resolutions begin on page 6. The suggested modifications
begin on page 8. The findings for denial of the Implementation Plan Amendment as
submitted begin on page 14. The findings for approval of the plan, if modified, begin on page 15.
May 13, 2025 Item #9 Page 17 of 32
LCP-6-CAR-23-0050-1 (Citywide Objective Design Standards)
4
BACKGROUND
There are six geographic segments in the City’s LCP. The City’s LCP has a unique history
in that special legislation directed the Commission to draft the initial LCP. One segment, the Village Redevelopment Area LCP, was certified in 1988 and the City has been issuing coastal development permits there since that time. On October 21, 1977, the City assumed permit jurisdiction and has been issuing coastal development permits for all of the
remaining segments, except Agua Hedionda. The Agua Hedionda Lagoon LCP segment is
a deferred certification area until an implementation plan for that segment is certified.
ADDITIONAL INFORMATION
Further information on the City of Carlsbad LCP amendment LCP-6-CAR-23-0050-1 may
be obtained from Chelsea Jander, Coastal Planner, at (619) 767-2370 or
SanDiegoCoast@coastal.ca.gov.
May 13, 2025 Item #9 Page 18 of 32
LCP-6-CAR-23-0050-1 (Citywide Objective Design Standards)
5
TABLE OF CONTENTS
I.OVERVIEW .............................................................................................. 6
A.LCP HISTORY ................................................................................................... 6 B.STANDARD OF REVIEW .................................................................................. 6 C.PUBLIC PARTICIPATION ................................................................................. 6 II.MOTIONS AND RESOLUTIONS .............................................................. 6
III.SUGGESTED MODIFICATIONS .............................................................. 8
IV.FINDINGS FOR REJECTION OF THE CITY OF CARLSBAD
IMPLEMENTATION PLAN AMENDMENT, AS SUBMITTED, AND
APPROVAL IF MODIFIED ....................................................................... 9
A.AMENDMENT DESCRIPTION .......................................................................... 9 B.CONFORMANCE WITH THE CERTIFIED LAND USE PLAN .......................... 12 V.CONSISTENCY WITH THE CALIFORNIA ENVIRONMENTAL QUALITYACT (CEQA) ........................................................................................... 17
EXHIBITS
Exhibit 1 – Proposed IP Amendment Exhibit 2 – City Council Resolution No. 2023-228 Exhibit 3 – City Council Ordinance No. CS-457
Exhibit 4 – Planning Commission Resolution No. 7489
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I.OVERVIEW
A.LCP HISTORY
The City of Carlsbad’s certified LCP contains six geographic segments as follows: Agua
Hedionda, Mello I, Mello II, West Batiquitos Lagoon/Sammis Properties, East Batiquitos Lagoon/Hunt Properties, and Village-Barrio. Pursuant to Sections 30170(f) and 30171 of the Public Resources Code, the Coastal Commission prepared and approved two portions of the LCP, the Mello I and II segments in 1980 and 1981, respectively. The West Batiquitos Lagoon/Sammis Properties segment was certified in 1985. The East Batiquitos
Lagoon/Hunt Properties segment was certified in 1988. The Village Redevelopment Area LCP was certified in 1988; the City has been issuing coastal development permits there since that time. The Village LCP segment was expanded and renamed the Village-Barrio in 2019. On October 21, 1997, the City assumed permit jurisdiction and has been issuing coastal development permits for all segments except Agua Hedionda. The Agua Hedionda
Lagoon LCP segment is a deferred certification area until an implementation plan for that segment is certified. This amendment modifies the City’s implementation plan.
B.STANDARD OF REVIEW
Pursuant to Section 30513 of the Coastal Act, the Commission may only reject zoning
ordinances or other implementing actions, as well as their amendments, on the grounds that they do not conform with, or are inadequate to carry out, the provisions of the certified land use plan. The Commission shall take action by a majority vote of the Commissioners present.
C.PUBLIC PARTICIPATION
The City has held Planning Commission and City Council meetings with regard to the subject amendment request. All of those local hearings were duly noticed to the public. Notice of the subject amendment has been distributed to all known interested parties.
II.MOTIONS AND RESOLUTIONS
Following a public hearing, staff recommends the Commission adopt the following resolutions and findings. The appropriate motion to introduce the resolution and a staff
recommendation are provided just prior to each resolution.
1.MOTION:
I move that the Commission reject the Implementation Program Amendment No.LCP-6-CAR-23-0050-1 for the City of Carlsbad as submitted.
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STAFF RECOMMENDATION OF REJECTION:
Staff recommends a YES vote. Passage of this motion will result in rejection of Implementation Program and the adoption of the following resolution and findings. The motion passes only by an affirmative vote of a majority of the Commissioners present.
RESOLUTION TO DENY CERTIFICATION OF THE IMPLEMENTATION PROGRAM AMENDMENT AS SUBMITTED:
The Commission hereby denies certification of the Implementation Program Amendment submitted for the City of Carlsbad and adopts the findings set forth below on grounds that the Implementation Program as submitted does not conform with, and is inadequate to carry out, the provisions of the certified Land Use Plan. Certification of the Implementation Program would not meet the requirements of the
California Environmental Quality Act as there are feasible alternatives and mitigation measures that would substantially lessen the significant adverse impacts on the environment that will result from certification of the Implementation Program as submitted.
2.MOTION:
I move that the Commission certify the Implementation Program Amendment No.LCP-6-CAR-23-0050-1 for the City of Carlsbad if it is modified pursuant to the staffrecommendation.
STAFF RECOMMENDATION:
Staff recommends a YES vote. Passage of this motion will result in certification of the Implementation Program Amendment with suggested modifications and the adoption of the following resolution and findings. The motion passes only by an affirmative vote of a majority of the Commissioners present.
RESOLUTION TO CERTIFY THE IMPLEMENTATION PROGRAM AMENDMENT WITH
SUGGESTED MODIFICATIONS:
The Commission hereby certifies the Implementation Program Amendment for the City of Carlsbad if modified as suggested and adopts the findings set forth below on grounds that the Implementation Program Amendment, with the suggested modifications, conforms with and is adequate to carry out the certified Land Use Plan. Certification of the
Implementation Program Amendment if modified as suggested complies with the California Environmental Quality Act, because either 1) feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the Implementation Program Amendment on the environment, or 2) there are no further feasible alternatives and mitigation measures that would substantially lessen any
significant adverse impacts on the environment.
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III. SUGGESTED MODIFICATIONS
Staff recommends the following suggested revisions to the proposed Implementation Plan be adopted. The underlined sections represent language that the Commission suggests be added, and the struck-out sections represent language which the Commission suggests be
deleted from the language as originally submitted.
1. Modify IP Section 21.88.030 (Additional Provisions) subsection A as follows:
A.Other Applicable Objective Standards. Eligible projects must comply with all
other objective standards in the Carlsbad Municipal Code for topics on whichChapter 21.88 is silent. Development within the Coastal Zone shall comply withall applicable objective standards within the Carlsbad Local Coastal Program.
2. Modify IP Section 21.88.040 (Incorporation of the Multifamily and Mixed-UseObjective Design Standards Manual by Reference) as follows:
The City of Carlsbad’s Multifamily Housing and Mixed-Use Development Objective
Design Standards Manual adopted by City Council on [date] is incorporated by
reference into this chapter.
3.Modify Multifamily Housing and Mixed-Use Development Objective Design
Standards Manual Section 1 (Introduction) Part 4 as follows:
4. Reconcile Conflicting Standards. The City of Carlsbad maintains multiple
regulatory documents that contain design direction for multifamily residential
and mixed-use development, including the Carlsbad Municipal Code, specific
plans, and master plans. In the case of a conflict between an objective
standard in this Manual and an objective standard in another regulatory
document, the standard in this Manual shall prevail.
Exception: The objective design standards specified in the applicable Local
Coastal Program, master plan or specific plan shall prevail if such standards
conflict with the standards of the Multifamily Housing and Mixed-Use
Development Objective Design Standards Manual.
4.Modify Multifamily Housing and Mixed-Use Development Objective Design
Standards Manual Section 2 (Site Design Standards) Part B Subsection 2 as
follows:
2. Number of Parking Spaces. The provisions of Section 21.44.020, Off-Street
Parking Spaces Required, of the Carlsbad Municipal Code shall be
implemented except as defined by Section 65585 of the Government Code:
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[Renumber the following sections accordingly]
5.Modify Multifamily Housing and Mixed-Use Development Objective Design
Standards Manual Section 5 (Utilitarian Design Standards) Part D Subsection 3 as
follows:
D. Lighting. Outdoor light fixtures, including pole lights, wall-mounted lights and
bollards shall be fully-shielded and downward-facing in order to minimize glare
and light trespass within and beyond the project site.
1.All areas for pedestrian and vehicular circulation, entrances, parking, and
common recreational spaces shall incorporate lighting programmed with
dusk to dawn lighting for safety and security.
2. Energy-efficient fixtures incorporating light emitting diode (LED) lamps or
equivalent energy-efficient fixtures shall be used.
3. For projects located within the Coastal Zone and adjacent to existing and
proposed preserve areas identified in the Habitat Management Plan within
the Coastal Zone, the following additional lighting requirements shall apply
unless it can be demonstrated that such features would not meet required
safety measures: correlated color temperature shall not exceed 2700
Kelvins, lighting fixtures shall be the minimum lumens required for safety
and security, uplighting shall not be allowed, and lighting shall not blink or
flash.
6. Modify Multifamily Housing and Mixed-Use Development Objective Design
Standards Manual Appendix A (Definitions) as follows:
Fully-Shielded. A term describing a light that is constructed so that light rays directly emitted by the fixture are projected below a horizontal plane running through the lowest point on the fixture where light is emitted. Shielded means that the light rays are directed onto the site, and the light source (e.g., bulb, tube, etc.) is not
visible beyond the property boundary of the site of the light source.
IV.FINDINGS FOR REJECTION OF THE CITY OF CARLSBADIMPLEMENTATION PLAN AMENDMENT, AS SUBMITTED,AND APPROVAL IF MODIFIED
A.AMENDMENT DESCRIPTION
The City of Carlsbad is requesting an amendment to the City’s Zoning Ordinance, part of the certified LCP Implementation Plan (IP), in order to establish citywide objective design
standards for certain eligible multifamily housing and mixed-use development projects.
Specifically, the proposed amendment creates a new chapter within the certified City’s
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Zoning Ordinance, Chapter 21.88 (Multifamily Housing and Mixed-Use Development –
Objective Design Standards) to establish objective design standards for eligible projects
and to incorporate by reference the new City of Carlsbad’s Multifamily Housing and Mixed-Use Development Objective Design Standards Manual.
Various state housing laws, including the Housing Accountability Act (Government Code
Section 65589.5) and Streamlined Ministerial Approval Process (SB 423 (Wiener, 2023);
Government Code Section 65913.4), require that qualifying housing projects be subject only to objective design standards. Objective design standards are typically measurable and demonstrable. Subjective design guidelines are typically open to interpretation and not technically measurable. The intent of objective design standards is to provide specific
standards that will make clear to developers, design professionals, applicants, City staff,
decision-makers, and the public what will be used in the review of project submittals.
The Streamlined Ministerial Approval Process, which is in effect in the coastal zone as of January 1, 2025, creates a streamlined ministerial approval process for eligible affordable
housing development projects located in jurisdictions that have not met their housing
element targets related to regional housing needs or that have not adopted a compliant housing element. Eligible multifamily and mixed-use housing projects would be able to utilize the streamlined ministerial approval process, which would require the project to comply with only objective design standards.
Among other criteria, eligibility for the streamlined ministerial approval process is determined if housing development projects meet the following criteria: propose a multifamily housing development that contains two or more residential units; provide at least 10%, 20%, or 50% of units as affordable for lower-income households, depending on
whether the jurisdiction has adopted a compliant housing element, the progress it has
made on its portion of the regional housing needs allocation (RHNA), and whether the jurisdiction is located in the San Francisco Bay Area; be located on a site where at least 75% of the perimeter of the site adjoins parcels developed with “urban uses;” and meet certain labor and wage requirements. In addition, project sites must be located in an urban
area, outside of the Commission’s geographic appeal jurisdiction, in an area subject to a
certified LCP or certified LUP, outside of areas vulnerable to five feet of sea level rise, in an area zoned for multifamily housing, not within 100 feet of a wetland, not on prime agricultural land, and outside of other statewide exclusion areas. Government Code Section 65913.4 includes a variety of other statewide exclusion areas that apply both in
and outside of the coastal zone. Eligible projects generally cannot be located on a site that
is within any of the following: a very high fire hazard severity zone; a hazardous waste site; within a delineated earthquake fault zone; within a FEMA special flood hazard area or regulatory floodway; lands identified for conservation in an adopted natural resource protection plan; habitat for species protected under various provisions of federal or state
law; and lands under a conservation easement.
To comply with state law, the proposed amendment establishes objective design standards for multiple-unit and mixed-use housing projects, where state housing law restricts City review of eligible projects to objective standards. Specifically, these objective
design standards would apply to qualifying multiple-unit and mixed-use residential
development in all zones, including such development that constitutes a “housing
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development project” under the Housing Accountability Act, supportive housing projects
under AB 2162 (Chiu, 2018), low barrier navigation centers under AB 101 (Ting, 2019),
and any other multiple-unit residential or mixed-use development project for which the City may require compliance with objective design standards under applicable state housing law. These objective design standards would not apply to single-family residences, accessory dwelling units (ADUs), or commercial and industrial projects without residential
components.
More specifically, the proposed changes related to objective design standards are intended to encourage multifamily and mixed-use housing production by creating clear standards applicable to all such projects by quantifying and standardizing some of the
existing subjective requirements within the certified IP. Similar to other LCPs, the City’s
certified IP includes a set of objective site design standards that all development must meet depending on the type of project and its zoning designation and location, including design requirements for height, setback, floor area ratio, density, and parking. These objective standards are then augmented with a series of other more subjective ones,
including overall aesthetics and performance standards for neighborhood compatibility and
community design. The proposed amendment does not change any existing objective IP standards related to design requirements, parking, or setbacks, and it makes some of the subjective policies more objective with the goal of providing more certainty and clarity on how to effectively implement such requirements. The proposed amendment also includes
objective standards for operational fixtures such as bicycle parking, which would promote
multi-modal transportation.
The proposed amendment specifies objective, including numeric, standards for various site planning topics, including required landscaping, lighting, parking screening, building
materials, roof form, public and active frontages, and similar design requirements for
multifamily and mixed-use residential structures. For example, while the certified IP broadly regulates landscaping, the proposed amendment requires a landscape buffer of a minimum width of five feet between all ground-level restricted open spaces and pedestrian walkways. Similarly, with respect to building materials and other design techniques, the
proposed amendment specifies that the use of two or more accent materials (e.g., glass,
tile, brick, stone, concrete, or plaster) shall be incorporated to highlight building features. The intent is to have the existing subjective standards the City typically uses to evaluate projects become objective ones, for which the goal is to make as many design standards as possible more readily discernible to developers and the general public, which would in
turn help facilitate more streamlined review and processing. Projects that fully utilize these
objective design standards and meet the requirements in Government Code Section 65913.4 would then be eligible for streamlined review and not subject to a public hearing; however, in the coastal zone, a coastal development permit would still be required when applicable and no changes to what requires a coastal development permit or this process
are proposed.
Please see Exhibit 1 for the proposed IP amendment text.
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B.CONFORMANCE WITH THE CERTIFIED LAND USE PLAN
The standard of review for LCP implementation plan submittals or amendments is their consistency with and ability to carry out the provisions of the certified LUP. The certified LUP has a number of goals and policies relevant to the proposed amendment; the most applicable LUP standards are as follows:
Habitat Management Plan
HMP Policy 7-1 Environmentally Sensitive Habitat Areas (ESHA) states: Pursuant to Section 30240 of the California Coastal Act, environmentally sensitive habitat areas, as defined in Section 30107.5 of the Coastal Act, shall be protected
against any significant disruption of habitat values, and only uses dependent upon
those resources shall be allowed within those areas.
HMP Policy 7-8 No Net Loss of Habitat states, in relevant part: There shall be no net loss of Coastal Sage Scrub, Maritime Succulent Scrub,
Southern Maritime Chaparral, Southern Mixed Chaparral, Native Grassland, and
Oak Woodland within the Coastal Zone of Carlsbad.
HMP Policy 7-11 Buffers and Fuel Modification Zones states, in relevant part: Buffers shall be provided between all preserved habitat areas and development.
Minimum buffer areas shall be provided as follows:
a.100 ft. for wetlandsb.50 ft. for riparian areasc.20 ft. for all other native habitats (coastal sage scrub, southern maritimechaparral, maritime succulent scrub, southern mixed chaparral, native
grassland, oak woodland).
HMP Policy F Section 3-D Part 3 Lighting states:
•Eliminate lighting in or adjacent to the preserve except where essential for
roadway, facility use, and safety and security purposes.
•Use low pressure sodium illumination sources. Do not use low voltage outdooror trail lighting, spot lights, or bug lights. Shield light sources adjacent to thepreserve so that the lighting is focused downward.
•Avoid excessive lighting in developments adjacent to linkages throughappropriate placement and shielding of light sources.
The City of Carlsbad’s certified Mello I and Mello II LUPs also include the above-cited
language of Policies 7-1, 7-8, and 7-11.
Mello I Policy 2-3 Parking states: In the event of commercial and/or residential development pursuant to a coastal
development permit; parking shall be in conformance with the requirements of the
City of Carlsbad Zoning Ordinance.
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Mello II Policy 1-1 Allowable Land Uses states: Allowable uses are those that are consistent with both the General Plan and the Local Coastal Program.
Policy 1-2 Maximum Density Of Development states: Residential densities shall be permitted and based on the underlying LCP land use designation. The residential land use designations shall represent the maximum density permitted subject to application of requested density bonuses pursuant to Chapter 21.86 of the Carlsbad Municipal Code and the applicable resource
protection provisions of the certified LCP.
Policy 6-10 Lower Cost Visitor-Serving Recreational Uses states: Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided.
Policy 7-3 Access Along Shoreline states, in relevant part: The City will cooperate with the State to ensure that…beach access is protected and enhanced to the maximum degree feasible…
Policy 7-10 states: Parking standards set forth within the City of Carlsbad Zoning Ordinance are appropriate for the future development of various land uses.
The City of Carlsbad’s certified LUP concludes with the following policy:
III. IMPLEMENTATION: The Policy/Implementation ConnectionThe Local Coastal Program Land Use Element is the long range guide for the City, its citizens and property owners, and other regulatory agencies relative to conservation, management, and development within the Carlsbad Coastal zone.
The City assumes primary responsibility for implementing the plan as it affects private land use. The LCP will be used as the standard for evaluating and making decisions on land use proposals in the Coastal zone. The policies of the Land Use Element are implemented by the City’s codes, policies and procedures.
Section 21.210.030 of the City’s certified LCP Implementation plan is applicable to the proposed amendment and states:
All development projects and fuel modification activities in the city shall comply with the habitat preservation and conservation standards contained in the city's habitat
management plan (HMP) as well as the implementing agreement, permit conditions, the MHCP, the NCCP and 10(a)1(B) permit conditions, and the requirements contained in this chapter. All requirements of the HMP are incorporated herein by reference.
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Section 21.210.040 Subsection C of the City’s certified LCP Implementation Plan is
applicable to the proposed amendment and states, in relevant part:
C.Additional Mitigation. In addition to setting-aside land for the preserve area, allimpacts to habitat and covered species shall be mitigated as follows:1.All development projects which impact habitat shall provide on-site or off-
site replacement habitat in accordance with the mitigation ratios contained in
Table 11 in Section D.6 of the HMP…
Section 21.210.040 Subsection D of the City’s certified LCP Implementation Plan is applicable to the proposed amendment and states, in relevant part:
4. All fuel modification (brush management) zones required as a result of thedevelopment project, and as required by the Fire Marshal, shall be located outsidethe preserve areas, shall be considered impacted and shall be mitigated accordingto subsection C of this section.
1.FINDINGS FOR DENIAL AS SUBMITTED
In general, the objective design standards within the proposed amendment will ensure that coastal resources, including visual quality and community character are protected. The proposed amendment includes various objective site planning requirements such as
parking screening, building materials, and roof form that would have no impact on coastal resources or public access. And in addition, the existing objective requirements of the certified LCP will continue to apply to development in the Coastal Zone and will be applied through the CDP process, which will not be changed. The existing LUP has limited policies to protect public views citywide and this amendment is consistent with them. However, the
primary issues are that the proposed amendment does not include adequate objective coastal resource protection policies for sensitive habitat where current LCP policies may be considered subjective. The Commission is concerned that design elements like lighting lack objective standards that would adequately protect coastal resources. The standards of review for LCP implementation submittals or amendments is their consistency with and
ability to carry out the provisions of the certified LUP.
The amendment as submitted is not intended to change the City’s existing coastal development permit requirements for development projects located within the Coastal Zone. However, as proposed, the language fails to clarify that all multi-family and affordable housing projects shall be consistent with the certified LCP and Coastal Act
policies, where applicable. The Commission is concerned that it is not clear that the objective requirements of the LCP would still need to be followed under permitting processes. As submitted, the proposed amendment may cause coastal resource impacts if the LCP is not followed for multifamily and mixed-use housing projects that are eligible for streamlined permitting processes.
In addition, the proposed amendment includes a process for applicants to modify or waive up to four of the objective design standards. In order for this waiver process to occur, the City must complete findings that the modified design standard meets the intent of the
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original design standard included in the manual. Since projects located within the Coastal
Zone will still require a CDP, any waivers or modifications to the objective design
standards will require the City to complete findings that the project is consistent with the LCP and there will be no adverse coastal resource impacts as a result of the waiver. As submitted, this aspect of the proposed amendment is consistent with the certified LUP.
Biological Resources
The proposed amendment does not include any new policies regarding biological resource protection. According to the proposed amendment, where the new policies are silent, then the objective standards within the certified IP will be utilized. Within the City’s certified IP, Chapter 21.210 “Habitat Preservation and Management Requirements” specifies that all development projects and fuel modification activities shall comply with the standards
contained in the City’s Habitat Management Plan.” Therefore, the certified HMP, which is intended to carry out Coastal Act requirements to protect sensitive biological resources, including no net loss of sensitive habitat in the Coastal Zone (set forth in LUP HMP Policy 7-8), and the use of buffers to adequately separate development from sensitive habitat (setforth in LUP HMP Policy 7-11) will still be required for multifamily and mixed-use
development projects. These policies are objective in nature and therefore all multifamilyand mixed-use development projects, including those that are eligible for the streamlinedapproval process would be required to follow these policies. In addition, the City’s certifiedIP, Chapter 21.210 “Habitat Preservation and Management Requirements” reiterates theseobjective standards and includes HMP mitigation ratios, as well as clarification that all
required fuel modification brush clearing must be adequately mitigated.
However, the Commission is concerned about potential habitat disturbances from lighting included on future multifamily and mixed-use development projects that are located adjacent to habitat areas. The proposed amendment requires that lights be fully-shielded and downward-facing with energy-efficient fixtures. In addition, the proposed amendment
requires that all areas for pedestrian and vehicular circulation incorporate lighting programmed with dusk to dawn lighting for safety and security purposes. HMP Policy F Section 3-D Part 3 includes subjective lighting standards for new development adjacent to conserved habitat areas, including elimination of lighting in or adjacent to preserves, restriction of low voltage trail lighting, requirement that lights be shielded, and avoiding
excessive lighting in developments adjacent to preserve linkages. As submitted, the proposed amendment does not include sufficient objective standards regarding lighting requirements that could cause potential habitat disturbances for projects adjacent to preserve areas.
For the reasons outlined above, the Commission cannot find that the proposed
amendment, as submitted, adequate to carry out the biological resource protection provisions of the certified LUP.
2.FINDINGS FOR APPROVAL IF MODIFIED
As described above, the City’s proposed amendment is not adequate to carry out the certified LUP policies as submitted. As such, suggested modifications are required to
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clarify that multifamily and mixed-use housing projects shall be consistent with the coastal
resource protection and, if applicable, the public access requirements of the LUP.
In regard to LCP applicability, Suggested Modification #1 revises Section 21.88.030 (Additional Provisions) to clarify that among other applicable objective standards, any project within the Coastal Zone shall comply with all applicable objective standards within the certified LCP. While the City may not be able to apply the subjective policies of the
LCP in certain circumstances, the City will still be required to impose the objective
standards of the LCP, beyond those included in the new Multifamily Housing and Mixed-Use Development Objective Design Standards Manual, to ensure protection of coastal resources and public access, where applicable. In addition, Suggested Modification #3 revises Section 1 (Introduction) of the manual to clarify that objective design standards
specified in the applicable Local Coastal Program, master plan or specific plan shall prevail
if such standards conflict with the standards of the Multifamily Housing and Mixed-Use Development Objective Design Standards Manual. With these modifications, the amendment will be consistent with the LUP.
Suggested Modification #2 revises Section 21.88.040 (Incorporation of the Multifamily
and Mixed-Use Objective Design Standards Manual by Reference) to clarify the date of the
approved manual to ensure that any future manual updates will be brought forward to the Commission. The final date included will be the date that the City brings forth and adopts the suggested modifications for the manual.
At the request of the City, Suggested Modification #4 deletes Section 2 (Site Design
Standards) Part B Subsection 2 to remove an incorrect reference to a Government Code
section. The provisions of Section 21.44.020, Off-Street Parking Spaces Required, are already objective and located within the certified IP. Therefore, including a reference here was found to be redundant and the City requested to remove this subsection of the manual.
Suggested Modification #5 revises Section 5 (Utilitarian Design Standards) and Suggested Modification #6 revises Appendix A (Definitions) to address biological resource protection within the objective design manual. The suggested modifications would clarify additional lighting requirements for projects located within the Coastal Zone and adjacent to existing and proposed preserve areas identified in the Habitat
Management Plan within the Coastal Zone. The lighting requirements for these projects
include correlated color temperature to not exceed 2700 Kelvins, lighting fixtures to be the minimum lumens required for safety and security, that uplighting is not allowed, and that lighting shall not blink or flash. The lighting requirements would be required to apply unless it can be demonstrated that such features would not meet required safety measures.
Suggested Modification #6 revises the definition of “fully-shielded” to include that the
light rays are directed onto the site, and the light source is not visible beyond the property boundary of the site of the light source. The modifications to the proposed amendment adequately protect biological resources by reducing artificial light sources that may impact sensitive species. Therefore, the amendment as modified protects biological resources
and is consistent with the LUP.
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Therefore, as modified and in conjunction with the other objective standards already
present in the LUP, the proposed amendment will not result in any adverse coastal
resource impacts. Through the inclusion of these suggested modifications, multifamily and mixed-use housing projects will be required to avoid significant coastal resource impacts. Thus, the modified language will enable these housing projects to be implemented in the Coastal Zone while avoiding impacts to coastal resources and public access. In sum, the
amendment as modified will provide objective design standards, and in a manner that
respects and protects coastal resources, and with an aim to encourage and facilitate affordable and diverse housing within the City. The Commission thus finds the proposed amendment as modified is consistent with and adequate to carry out the policies of the LUP.
V.CONSISTENCY WITH THE CALIFORNIA ENVIRONMENTALQUALITY ACT (CEQA)
Section 21080.9 of the California Environmental Quality Act (CEQA) exempts local government from the requirement of preparing an environmental impact report (EIR) in connection with its local coastal program. The Commission's LCP review and approval
program has been found by the Resources Agency to be functionally equivalent to the EIR process. Thus, under CEQA Section 21080.5, the Commission is relieved of the responsibility to prepare an EIR for each LCP submission.
The City determined that the subject LCP amendment is exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3) [no potential for causing a
significant effect on the environment]. (Cal. Code of Regs., tit.14.) Nevertheless, the Commission is required in an LCP submittal or, as in this case, an LCP amendment submittal, to find that the LCP, or LCP, as amended, does conform with CEQA. As modified, the proposed amendment would not result in an intensification of land uses incompatible with the surrounding development or have adverse impacts on coastal
resources. Further, the Commission finds that the proposed amendment is unlikely to have any significant adverse effect on the environment as a whole. Therefore, the Commission finds that the subject LCP Implementation Plan, as amended, conforms to the provisions of CEQA.
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NOTICE OF EXEMPTION
To: Assessor/Recorder/County Clerk From: CITY OF CARLSBAD
Attn: Fish and Wildlife Notices Planning Division
1600 Pacific Highway, Suite 260 1635 Faraday Avenue
San Diego CA 92101 Carlsbad, CA 92008
MS: A-33 (442) 339-2600
Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources
Code (California Environmental Quality Act).
Project Number and Title: ZCA2020-0003/LCPA 2020-0007 – COASTAL COMMISSION MODIFICATIONS
TO THE CITYWIDE OBJECTIVE DESIGN STANDARDS
Project Location - Specific: Citywide
Project Location - City: Carlsbad Project Location - County: San Diego
Description of Project: To approve the California Coastal Commission’s suggested modifications to amend
the Local Coastal Program/Carlsbad Municipal Code (CMC) Title 21 (Zoning Ordinance) by incorporating
minor revisions to the Multifamily and Mixed-Use Development – Objective Design Standards (CMC
Section 21.88). This determination is meant to cover the introduction and adoption of the ordinance.
Name of Public Agency Approving Project: City of Carlsbad
Name of Person or Agency Carrying Out Project: Shelley Glennon, Associate Planner
Name of Applicant: City of Carlsbad - Community Development Department - Planning Division
Applicant’s Address: 1635 Faraday Ave. Carlsbad, CA 92008
Applicant’s Telephone Number: 442-339-2605
Name of Applicant/Identity of person undertaking the project (if different from the applicant above):
N/A
Exempt Status: Article 5 Section 15061(b)(3) and Article 20 Section 15378(b)(5)
Reasons why project is exempt: The proposed action to make minor modifications to existing objective
standards within Carlsbad Municipal Code Title 21 Section 21.88 “Multifamily and Mixed-Use
Development – Objective Design Standards,” is exempt from environmental review under CEQA
Guidelines Section 15061(b)(3) and 15378(b)(5) as it can be seen with certainty that there is no possibility
the proposed action may have a significant effect on the environment.
Lead Agency Contact Person: Shelley Glennon Telephone: 442-339-2605
Eric Lardy, City Planner Date
Exhibit 6
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AFFIDAVIT OF MAILING
NOTICE OF PUBLIC HEARING
TO: CITY CLERK
DATE OF PUBLIC HEARING:
SUBJECT: (mH:a\ (®W\( l~\t)n MOdltt'Cltll<nS o~~u,·,1~ ~D\
LOCATION: 0J.200 Carlsbad Village Drive, Carlsbad. CA 92008
D Other: ________________ _
DATE POSTED TO CITY WEBSITE b 4 .... u, -<LD'.'.lb
DATE NOTICES MAILED TO PROPERTY OWNERS: ~ .... 0\ ,1,0:l::5
NUMBER MAILED:
I declare under penalty of perjury under the laws of the State of California that I am employed by
the City of Carlsbad and the foregoing is true and correct.
DEPARTMENT: ~TY CLERK'S OFFICE □OTHER _______ _
D4 J~01()]b
Signature Date
SENT TO FOR PUBLICATION VIA E-MAIL TO: □ Union Tribune on ___ _
CB' Coast News on ~4 .... i; .... 1,0'}.6
PUBLICATION DATE: Union Tribune --------------
Coast News t)~ ... 02,---'WJ.8
I declare under penalty of perjury under the laws of the State of California that I am employed by
the City of Carlsbad and the foregoing is true and correct.
DEPARTMENT: G}cTY CLERK'S OFFICE □ OTHER _______ _
Sign ture
Attachments: 1) Mailing Labels
2) Notice w/ attachments
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 5 p.m. on Tuesday, May 13, 2025, to consider approving an ordinance acknowledging receipt
of and approving the California Coastal Commission's suggested modifications to the Local Coastal
Program (Zoning Ordinance) for ZCA 2020-0003/LCPA 2020-0007, and more particularly described as:
An ordinance of the City of Council of the City of Carlsbad, California, acknowledging
receipt of and approving the California Coastal Commission's suggested modifications to
the Local Coastal Program (Zoning Ordinance) for ZCA 2020-0003/LCPA 2020-0007
Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies
of the staff report will be available on and after Friday, May 9, 2025. If you have any questions, please
contact Shelley Glennon in the Plan ning Division at (442) 339-2605 or shelley.glennon@carlsbadca.gov.
The meeting can be viewed online at https://www.carlsbadca.gov/city-hall/meetings-agendas or on the
city's cable channel. In addition, written comments may be submitted to the City Council at or prior to the
hearing via U.S. Mail to the attention of Office of the City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA
92008, or via email to clerk@carlsbadca.gov.
If you challenge the ordinance acknowledging receipt of and approving Coastal Commission's suggested
modifications to the Local Coastal Program (zoning ordinance) for ZCA 2020-0003/LCPA 2020-0007 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: ZCA2020-0003/LCPA 2020-0007 (PUB 2020-0004)
CASE NAME: Coastal Commission Modifications to Citywide Objective Design Standards
PUBLISH: May 2, 2025
CITY OF CARLSBAD
CITY COUNCIL
CITFOPCAIII&IW)
NOTICEOPPURJIC BE&BJMG
NOTICR IS HEREBY GIVEN to }'OD, beauue your lnt,n:st -be affected. that tbe City
CollDcil oC the City of Carlsbad will hold a public hoarlng at the Council Chamber, 1200 Cul&-
bod Village Ori.., Carlsbad, Cllifomia, ot 5 p.m. on Tuesday; Ma,y 13, ,025, to canslda-'I'" pro,mg an mdimnce acknowledging receipt oC and oppnning the Calilomia Coastal Com-
nusmou• m-,..1 modmeauons to the Local Coastal Program (Zoning On:llnanee) for ZCA
,020-0008/LCPA 0020-0007, and man, particularly dacn"bed u,
An onllnance oCthe City oCCouncil oCthe City o(Carlabod, California, oclmowledg-
ing receipt oC IDd approving the California Coastal Commission'• suggested mod-
ifieallona to tbe Local Coaml Program (Zoning Ordinance) fi>r ZCA ,020-0003/
LCPA 2020-0007
Thooe penom wisJims 1D speak on thlo propau] are cmdWly Invited to a11e11d the publk: beu-
lng. Copies ol'theataft'report will be anibhlc on md lfter Frida)\ Mq 9, 2015. lfyoa ha,,o any
questlom, plcuo conllld: ShoJley GleDDOR In the Pluming Dmskm at (-140) .. 9-2600 auhrl,
fo1,.~Jennon(u)carlsbadca.J!;()v. The meedna: can be viewed onllne at https://www.carlsbadca.
S?:ov/otv-halllmeeunes-a.e::endas or oo. the dty'I cable channel. In lldd1tton., written comments
may be submitted to the City CoWICII at or prior to the hearing via U.S. Mail to the attmtloo
of Qflic,e of the City Clm, 1200 Carlsbad Village Ori'", Carllbad. CA 92008, or .ta email to clcri<@carlsbadea.gov.
If you challenp the ordinance aclawwlcdglng ....;pt of and approving Coastal Commluion'•
sugpted modifications to the Local Coastal Program (wningcmlbwu:c) for ZCA 2020-0003/
I.CPA 2020-0007 in court. you m,q be limited 1D raiaingon]ytbme issue, ~u or .omeooe elae l"lised at the public hearing described in thia notice or in written COl'n!lp,Ondence deliveftd.
to the City of Carlsbad, Attn, City Clm• Olllec, 1200 Carlabad v.u.g. Ori'", Carlsbad, CA 92008, at or prior to the public hearing.
CASE FILE,
CASENAME,
ZCA,io,0--0003/LCPA,020-0007 (PUB ,020-0004)
Coula]Commfmon-1D(.'lq,,tde~Dcafgr,
Standude
PUBLISH,Ma,y2, 2005
CI1Y OF CA!WlBAD
CITY COUNCIL
05/00/2015 CN 30490
Shelley Glennon, Associate Planner
Community Development Department
May 13, 2025
Coastal Commission Suggested
Modifications: Citywide
Objective Design Standards
1
{city of
Carlsbad
CITYWIDE OBJECTIVE DESIGN STANDARDS
•Objective Design Standards
•Measurable/Quantifiable
•Excludes Village and Barrio Area
•State/City Mandate and State Funding
•SB 35 and SB 330
•Housing Element Program 1.11
•SB2 Grant Funded
ITEM 9: COASTAL COMMISSION
MODIFICATIONS - CITYWIDE ODS
2
{city of
Carlsbad
COASTAL COMMISSION SUGGESTED
MODIFICATIONS
February 2025 – Coastal Commission approved the
project contingent on suggested modifications:
Zoning Ordinance (Ch. 21.88)
•Clarifies projects in the Coastal Zone shall comply
with Local Coastal Program (LCP) standards
•Adds latest City Council adoption date
3
ITEM 9: COASTAL COMMISSION
MODIFICATIONS - CITYWIDE ODS
{city of
Carlsbad
COASTAL COMMISSION SUGGESTED
MODIFICATIONS (CONTINUED)
Objective Design Standards Manual
•Clarifies LCP standards shall prevail over Citywide ODS
•Removes unnecessary parking standard reference
•Adds new lighting standard
•Adds clarifying language to a lighting definition
4
ITEM 9: COASTAL COMMISSION
MODIFICATIONS - CITYWIDE ODS
{city of
Carlsbad
ADDITIONAL CONSIDERATIONS
If modifications are not approved:
•Will not be effective in the Coastal Zone
(remain effective outside the Coastal Zone)
•Housing Element Program 1.11 “Objective
Design Standards” incomplete
5
ITEM 9: COASTAL COMMISSION
MODIFICATIONS - CITYWIDE ODS
{city of
Carlsbad
STAFF RECOMMENDATION
6
Introduce an ordinance acknowledging receipt of and
approving the California Coastal Commission’s
suggested modifications to the Local Coastal Program
(Zoning Ordinance) for ZCA 2020-0003/LCPA 2020-
0007
ITEM 9: COASTAL COMMISSION
MODIFICATIONS - CITYWIDE ODS
{city of
Carlsbad