HomeMy WebLinkAbout2025-05-20; City Council; 09; Adoption of Ordinance No. CS-493 California Coastal Commission’s Suggested Modifications to the Citywide 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-493 California Coastal Commission’s
Suggested Modifications to the Citywide Objective Design Standards
Districts: All
Recommended Action
Adopt Ordinance No. CS-493, 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.
Executive Summary
The recommended action adopts Ordinance No. CS-493, 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.
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 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 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
The City Council adopted 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
May 20, 2025 Item #9 Page 1 of 7
Docusign Envelope ID: 0573EF14-DF0D-4E3C-BC23-049229D0CF6D
Element, the part of the General Plan that addresses housing needs, and with this City Council
action, the city will have satisfied this requirement.
Explanation & Analysis
Ordinance No. CS-493 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-493, 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.
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 2020-0007 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 (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 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-493
2. Draft Notice of CEQA Exemption
May 20, 2025 Item #9 Page 2 of 7
Docusign Envelope ID: 0573EF14-DF0D-4E3C-BC23-049229D0CF6D
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 20, 2025 Item #9 Page 3 of 7
Docusign Envelope ID: 0573EF14-DF0D-4E3C-BC23-049229D0CF6D
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 May 20, 2025, 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 20, 2025 Item #9 Page 4 of 7
Docusign Envelope ID: 0573EF14-DF0D-4E3C-BC23-049229D0CF6D
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 20, 2025 Item #9 Page 5 of 7
Docusign Envelope ID: 0573EF14-DF0D-4E3C-BC23-049229D0CF6D
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 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 #9 Page 6 of 7
Docusign Envelope ID: 0573EF14-DF0D-4E3C-BC23-049229D0CF6D
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 2
May 20, 2025 Item #9 Page 7 of 7
Docusign Envelope ID: 0573EF14-DF0D-4E3C-BC23-049229D0CF6D