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HomeMy WebLinkAbout2025-05-20; City Council; 08; Adoption of Ordinance No. CS-492 California Coastal Commission’s Suggested Modifications to the Village & Barrio Objective Design StandardsCA Review CKM Meeting Date: May 20, 2025 To: Mayor and City Council From: Geoff Patnoe, City Manager Staff Contact: Morgen Fry, Assistant City Clerk morgen.fry@carlsbadca.gov, 442-339-2819 Subject: Adoption of Ordinance No. CS-492 California Coastal Commission’s Suggested Modifications to the Village & Barrio Objective Design Standards District: District 1 Recommended Action Adopt Ordinance No. CS-492, acknowledging receipt of and approving the California Coastal Commission’s suggested modifications to the Local Coastal Program (Village & Barrio Master Plan) for AMEND 2021-0008/LCPA 2023-0016. Executive Summary The recommended action adopts Ordinance No. CS-492, acknowledging receipt of and approving the California Coastal Commission’s suggested modifications to the Local Coastal Program (Village & Barrio Master Plan) for AMEND 2021-0008/LCPA 2023-0016. 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, as summarized below: • Added objective language to lighting requirements that provides stricter standards for projects adjacent to existing and proposed preserve areas within the Coastal Zone • Added a new definition for the term “fully shielded,” consistent with other Coastal Commission lighting standards elsewhere • Added language clarifying that the new Village & Barrio Objective Design Standards constitutes a part of the Local Coastal Program and therefore any amendments to the Village & Barrio Objective Design Standards will require a Local Coastal Program amendment Staff have reviewed and considered the modifications and recommend that the City Council adopt the California Coastal Commission’s suggested modifications. May 20, 2025 Item #8 Page 1 of 6 Docusign Envelope ID: 809838A5-9812-41F5-81C3-F88A3BB02D25 Explanation & Analysis Ordinance No. CS-492 was introduced and first read at the City Council meeting held on May 13, 2025. On a motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, the City Council voted 5-0 to introduce Ordinance No. CS-492, acknowledging receipt of and approving the California Coastal Commission’s suggested modifications to the Local Coastal Program (Village & Barrio Master Plan) for AMEND 2021-0008/LCPA 2023-0016. The second reading allows the City Council to adopt the ordinance. The 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 2023-0016 will be consistent with the Coastal Commission's approval of the Local Coastal Program amendments with suggested modifications, whichever occurs later. Fiscal Analysis There is no anticipated fiscal impact from this action. Next Steps The City Clerk Services Department will have the ordinance, or a summary of the ordinance, published in a newspaper of general circulation within 15 days following adoption of the ordinance. The ordinance will be effective 30 days after its adoption. 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, or CEQA. Staff have reviewed the scope of the project and determined the proposed action to make minor modifications to existing objective standards within the Village & Barrio Master Plan, 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 2. 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. Exhibits 1.Ordinance No. CS-492 2.Draft Notice of CEQA Exemption May 20, 2025 Item #8 Page 2 of 6 Docusign Envelope ID: 809838A5-9812-41F5-81C3-F88A3BB02D25 Exhibit 1 ORDINANCE NO. CS-492 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 (VILLAGE & BARRIO MASTER PLAN) FOR AMEND 2021-0008/LCPA 2023-0016 WHEREAS, on Sept. 12, 2023, the City Council adopted Ordinance No. CS-458, approving AMEND 2021-0008/LCPA 2023-0016 – Village & Barrio Objective Design Standards Project; and WHEREAS, the Village & Barrio Master Plan is the implementing ordinance of the Local Coastal Program for the Village & Barrio Master Plan area, and therefore, an amendment to the Village & Barrio Master Plan 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 March 13, 2025, the California Coastal Commission approved the city’s Local Coastal Program Amendment (LCPA 2023-0016) with suggested modifications; and WHEREAS, the California Coastal Commission’s approval of LCPA 2023-0016 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.The proposed action to make minor modifications to existing objective standards within the Village and Barrio Master Plan, 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. 3.Village & Barrio Master Plan Page 2-85 Section 2.8.3 (Area-Wide Standards) Subsection E, is amended to add the following language at the end of the section: 7.Within the Coastal Zone, 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. May 20, 2025 Item #8 Page 3 of 6 Docusign Envelope ID: 809838A5-9812-41F5-81C3-F88A3BB02D25 4.Village & Barrio Master Plan Page 6-1 Section 6.2.1 (Local Coastal Program), the following paragraph is amended to read as follows: For properties within the Coastal Zone (shown in Figure 2-1), the goals and policies in Chapter 1, the use and development standards in Chapters 2 and 3, provisions on managing parking and increasing mobility in Section 4.5.2, the administrative processes of Chapter 6, and the definitions in Appendix A of this Master Plan, and the objective design standards for multifamily and mixed-use development in Appendix E of this Master Plan, together with CMC Chapters 15.12 – Stormwater Management and Discharge Control, and 15.16 – Grading and Erosion Control, as well as those provisions of the Zoning Ordinance not superseded herein, shall constitute the Local Coastal Program for the Village and Barrio. If conflicts or discrepancies arise between the Local Coastal Program and other policies, standards, or guidelines of the Master Plan, the Local Coastal Program provisions shall be controlling. 5.Village & Barrio Master Plan Page A-2, Appendix A (Definitions) is amended to include the following new defined term between the “Financial Institution” and “Laundromat” definitions: 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 shall mean 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. 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 2023-0016 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. May 20, 2025 Item #8 Page 4 of 6 Docusign Envelope ID: 809838A5-9812-41F5-81C3-F88A3BB02D25 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 20th day of May, 2025, by the following vote, to wit: AYES: Blackburn, Bhat-Patel, Acosta, Shin. NAYS: ABSTAIN: ABSENT: Burkholder. None. None. APPROVED AS TO FORM AND LEGALITY: _________________________________ CINDIE K. McMAHON, City Attorney _______________________________________ KEITH BLACKBURN, Mayor _______________________________________ SHERRY FREISINGER, City Clerk (SEAL) May 20, 2025 Item #8 Page 5 of 6 Docusign Envelope ID: 809838A5-9812-41F5-81C3-F88A3BB02D25 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: AMEND 2021-0008/LCPA 2023-0016 – COASTAL COMMISSION MODIFICATIONS TO THE VILLAGE AND BARRIO OBJECTIVE DESIGN STANDARDS Project Location - Specific: Village and Barrio Master Plan area – District 1 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/Village & Barrio Master Plan by incorporating minor revisions and clarifications for objective standards in the Village & Barrio Master Plan (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 the Village & Barrio Master Plan, 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 2 May 20, 2025 Item #8 Page 6 of 6 Docusign Envelope ID: 809838A5-9812-41F5-81C3-F88A3BB02D25