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HomeMy WebLinkAbout2025-12-09; City Council; 07; Adoption of Ordinance No. CS-502 – California Coastal Commission’s suggested modifications to the Housing Element Rezone Program and land use and zoning map correctionsCA Review CDS Meeting Date: Dec. 9, 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-502 – California Coastal Commission’s suggested modifications to the Housing Element Rezone Program and land use and zoning map corrections Districts: All Recommended Action Adopt Ordinance No. CS-502 acknowledging receipt of and approving the California Coastal Commission’s suggested modifications to the Local Coastal Program, as well as correcting mapping errors on sites 1, 2 and 4 for ZCA 2022-0004/ZC 2022-0001/AMEND 2023-0010/LCPA 2022-0015 - Housing Element Rezone Program. Executive Summary The City Council is being asked to adopt an ordinance approving the California Coastal Commission’s required modifications to the Housing Element Rezone Program and correcting mapping errors on three Coastal Zone sites. This follows the Commission’s August 2025 approval of the city’s rezoning of 16 sites needed to meet state housing obligations under state housing law and comply with the city’s state certified 2021-2029 Housing Element. The recommended action adopts Ordinance No. CS-502, acknowledging receipt of and approving the California Coastal Commission’s suggested modifications to the Local Coastal Program, as well as correcting mapping errors on the three sites. (Sites 1, 2 and 4 for ZCA 2022- 0004/ZC 2022-0001/AMEND 2023-0010/LCPA 2022-0015 - Housing Element Rezone Program) Explanation & Analysis California Coastal Commission needed to review and approve the changes for those rezoned properties located in the city’s Coastal Zone before they could be effective. The Coastal Commission approved the proposed changes with certain modifications at its meeting on Aug. 15, 2025. Ordinance No. CS-502 was introduced and first read at the City Council Meeting held on Dec. 2, 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-502. This second reading allows the City Council to adopt the ordinance. Dec. 9, 2025 Item #7 Page 1 of 13 Docusign Envelope ID: 6966F6DB-E84C-4C70-A187-4FF68748CE99 Fiscal Analysis There is no anticipated fiscal impact from this action. Next Steps The City Clerk’s Office 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. 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 will become effective immediately after the Executive Director’s report to the Coastal Commission. Environmental Evaluation The Coastal Commission’s suggested modifications to the Local Coastal Program are statutorily exempt from the California Environmental Quality Act, or CEQA, pursuant to CEQA Guidelines Section 15265, which states that 1) CEQA does not apply to the city’s activities and approvals necessary for the preparation and adoption of a local coastal program, and 2) the burden of CEQA compliance is shifted from the city to the Coastal Commission for certification of a local coastal program. Further, the minor corrections to the land use and zoning maps are exempt from the CEQA under the commonsense exemption, Section 15061(b)(3) of the CEQA Guidelines, since there would be no possibility of a significant effect on the environment because the proposed map corrections do not directly or indirectly authorize or approve any actual changes in the physical environment. Exhibits 1.Ordinance No. CS-502 Dec. 9, 2025 Item #7 Page 2 of 13 Docusign Envelope ID: 6966F6DB-E84C-4C70-A187-4FF68748CE99 Exhibit 1 ORDINANCE NO. CS-502 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, AS WELL AS CORRECTING MAPPING ERRORS ON SITES 1, 2 AND 4 FOR ZCA 2022-0004/ZC 2022-0001/AMEND 2023- 0010/LCPA 2022-0015 - HOUSING ELEMENT REZONE PROGRAM WHEREAS, on Feb. 6, 2024, the City Council adopted Ordinance No. CS-465, approving ZCA 2022-0004/ZC 2022-0001/LCPA 2022-0015, and Ordinance No. CS-466 approving AMEND 2023- 0010/LCPA 2022-0015; and WHEREAS, the Carlsbad Zoning Ordinance, Zoning Map and Green Valley Master Plan are components of the Carlsbad Local Coastal Program implementation plan, and therefore, any amendment to the Zoning Ordinance, Zoning Map or Green Valley Master Plan also constitutes an amendment to the Local Coastal Program; and WHEREAS, on Aug. 15, 2025, the California Coastal Commission approved the city's Local Coastal Program Amendment (LCPA 2022-0015) with suggested modifications; and WHEREAS, the zoning map changes approved by City Council on Feb. 6, 2024, did not accurately show the existing boundaries of open space on Sites 1, 2 and 4 of the Housing Element Rezone Program; and WHEREAS, the City Council held a duly noticed public hearing as prescribed by law to consider the Coastal Commission's suggested modifications and map corrections. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1.That the above recitations are true and correct. 2.The Coastal Commission’s suggested modifications to the Local Coastal Program are statutorily exempt from the California Environmental Quality Act, or CEQA, pursuant to CEQA Guidelines Section 15265, which states that 1) CEQA does not apply to the city’s activities and approvals necessary for the preparation and adoption of a local coastal program, and 2) the burden of CEQA compliance is shifted from the city to the Coastal Commission for certification of a local coastal program. Further, the minor corrections to the zoning map are exempt from the CEQA under the commonsense exemption, Section 15061(b)(3) of the CEQA Guidelines, since there would be no possibility of a significant effect on the environment because the proposed map corrections do not Dec. 9, 2025 Item #7 Page 3 of 13 Docusign Envelope ID: 6966F6DB-E84C-4C70-A187-4FF68748CE99 directly or indirectly authorize or approve any actual changes in the physical environment. 3.Carlsbad Municipal Code Section 21.24.020 Table A, Note 7, is amended to read: 7.Housing developments that contain a minimum of 20 percent affordability to lower-income households as required by Government Code section 65583(c)(1) and 65583.2(h) and that are on specific sites rezoned by the City Council to meet RHNA requirements as detailed in the programs of the Housing Element shall be permitted “by right” as that term is defined in Government Code Section 65583.2(h) and shall be subject to the mitigation measures of Supplemental Environmental Impact Report EIR 2022-0007, certified by City Council Resolution 2024-014. 4.Carlsbad Municipal Code Section 21.24.040 is amended to read: 21.24.040 Front yard. A.There shall be a front yard of not less than twenty feet in depth with exceptions as follows: 1.Fifteen feet shall be permitted providing carport or garage openings do not face onto the front yard; and 2.Ten feet shall be permitted providing carport or garage openings do not face onto the front yard, and that the remaining front yard is landscaped with a combination of flowers, shrubs, trees and irrigated with a sprinkler system. Landscape plans and irrigation system plans shall be approved by the city planner prior to issuance of a building permit for a proposed structure. 5.The Zoning Map is amended as shown on Attachment A. 6.The Green Valley Master Plan is amended as shown on Attachment B. Dec. 9, 2025 Item #7 Page 4 of 13 Docusign Envelope ID: 6966F6DB-E84C-4C70-A187-4FF68748CE99 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 2022-0015 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 2nd day of December, 2025, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 9th day of December, 2025, by the following vote, to wit: AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin. NAYS: None. ABSTAIN: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: _________________________________ CINDIE K. McMAHON, City Attorney _______________________________________ KEITH BLACKBURN, Mayor _______________________________________ SHERRY FREISINGER, City Clerk (SEAL) Dec. 9, 2025 Item #7 Page 5 of 13 Docusign Envelope ID: 6966F6DB-E84C-4C70-A187-4FF68748CE99 C-2-Q C-2 OS R-1 OS OS OS OS OS OS OS C-2 C-2C-2-Q R-1 C-2 C-2 OCEANSIDE PLAZA C A M I N O REAL DY MARRON R D M O N R O E S T JEFFE R S O N ST Site 1 OS C-2-Q/RD-M OS OS C-2/RD-M OS OS OS R-1 OS C-2 C-2 C-2 C-2-Q OS OCEANSIDE MARRON RD PLAZACAMIN O R E A L DY M O N R O E S T JEFFERSON S T Site 1 EXISTING PROPOSED J:\Requests2025Forward\ComDev\Planning\RITM0044912_25\Site1_Zoning.mxd Exhibit "ZC 2022-0001/LCPA 2022-0015" November 18, 2025Site 1 -- North County Plaza Attachment A Dec. 9, 2025 Item #7 Page 6 of 13 Docusign Envelope ID: 6966F6DB-E84C-4C70-A187-4FF68748CE99 Site 2 C-2-Q OS C-2 C-2 C-2 C-2 C-2C-2C-2 C-2 Site 2 Site 2 Site 2 OS P-C C-2C-2 C-2 OS OS P-C C-2 P-C C-L C-2 C-2 C-2 OCEANSIDE EL CAMINO RE AL MARRONRD PLAZA DR HAYMAR D RPLAZACAMINOREALDYSOUTHVISTAWY Site 2 C-2/RD-M Site 2 Site 2 C-2/RD-M OS Site 2 Site 2 Site 2 OS OS C-2 C-L P-C C-L P-C C-2 OS C-2C-2 C-2 C-2 C-2 C-2-Q C-2/RD-M C-2/RD-M C-2/RD-M C-2/RD-M C-2/RD-MC-2/RD-M OCEANSIDE EL CAMINO REA L MARRON RD PLAZA DR HAYMAR D RPLAZACAMINOREALDY Exhibit "ZC 2022-0001" EXISTING PROPOSED J:\Requests2025Forward\ComDev\Planning\RITM0044912_25\Site2_Zoning.mxd Site 2 -- The Shoppes at Carlsbad parking lotOctober 18, 2023 From:To:A. 156-301-11-00 C-2/OS C-2/RD-M/OSB. 156-302-14-00 C-2 C-2/RD-MC. 156-302-35-00 C-2 C-2/RD-MD. 156-301-06-00 C-2 C-2/RD-ME. 156-301-10-00 C-2 C-2/RD-MF. 156-302-23-00 C-2 C-2/RD-MG. 156-302-17-00 C-2 C-2/RD-M Zoning Map Designation ChangeProperty APN Dec. 9, 2025 Item #7 Page 7 of 13 Docusign Envelope ID: 6966F6DB-E84C-4C70-A187-4FF68748CE99 OS OS R-1 RD-M OS OS R-1 OS R-1 RD-M/C-LOS RD-M OS RD-M/RMHP C-M OSRMHP R-1 R-1-0.5-Q L-C RMHP COLLEGEBL EL C A M I N O R E A L CAMIN O H I L L S D R JACKSPARDR COYOTECTFOXTAILLOOP MORGANR D COTTONTAILRD REEFCR SU N N Y CREEKRD Site 4 R-1 R-1 OS RD-M OS RD-M OSRD-M OS RD-M OSRD-M/RMHP C-M OS OSRMHP R-1-0.5-Q R-1 L-C RMHP COLLEGE BL ELCAMINOREAL JAC K S P A R D R MORGANRD FOXTAILLOOP COYOTECT REE F C R SUNNYCREEKRDSite 4 Exhibit "ZC 2022-0001" EXISTING PROPOSED J:\Requests2025Forward\ComDev\Planning\RITM0044912_25\Site4_Zoning.mxd Site 4 -- Zone 15 clusterOctober 18, 2023 From:To:A. 209-060-72-00 R-1/OS RD-M/OSB. 209-090-11-00 RD-M/C-L RD-M Zoning Map Designation ChangeProperty APN Dec. 9, 2025 Item #7 Page 8 of 13 Docusign Envelope ID: 6966F6DB-E84C-4C70-A187-4FF68748CE99 Attachment B AMEND 2023-0010/LCPA 2022-0015 - HOUSING ELEMENT IMPLEMENTATION COASTAL COMMISSION SUGGESTED MODIFICATIONS GREEN VALLEY MASTER PLAN Amend Figure 1-5 of the Green Valley Master Plan, as follows: Dec. 9, 2025 Item #7 Page 9 of 13 Docusign Envelope ID: 6966F6DB-E84C-4C70-A187-4FF68748CE99 Amend Table I-1 of the Green Valley Master Plan, as follows: Dec. 9, 2025 Item #7 Page 10 of 13 Docusign Envelope ID: 6966F6DB-E84C-4C70-A187-4FF68748CE99 Amend Figure II-1 of the Green Valley Master Plan, as follows: Dec. 9, 2025 Item #7 Page 11 of 13 Docusign Envelope ID: 6966F6DB-E84C-4C70-A187-4FF68748CE99 Amend Section VI.C, Development Standards description, of the Green Valley Master Plan to read: Development Standards The development standards in this section apply only to the commercial area designated Regional Commercial (R). Commercial development within the area designated Regional Commercial (R) shall be subject to all applicable development standards in the Carlsbad Municipal Code (CMC), including Chapter 21.28 (C-2), except as modified below. Development is subject to the approval of a Site Development Plan. Residential development within the area designated R-23 (Residential 19-23 du/ac) shall be subject to all applicable requirements of the Local Coastal Program and the development standards in the CMC, including Chapter 21.24 (RD-M), except as specified below. Development is subject to approval of a site development plan (apartments) or a planned development permit (condominiums). The eastern and western portions of the area designated R-23 are divided by a steep slope. The western portion of the site at the top of the slope shall not be developed and shall be available for habitat restoration/mitigation purposes. Development shall be clustered on the eastern portion of the site. Clustering development on the eastern portion of the site shall not prevent meeting the density used in the Housing Element for the site, which is assumed to yield approximately 76 dwelling units. The density yield shall be determined based on a site-specific analysis to confirm the net developable acres. The decision-maker may authorize waivers to development standards, such as setbacks and building height, to achieve the number of units required by the Housing Element. Delete Section VI.C, Setbacks (residential area), of the Green Valley Master Plan. Dec. 9, 2025 Item #7 Page 12 of 13 Docusign Envelope ID: 6966F6DB-E84C-4C70-A187-4FF68748CE99 Amend Figure VI-11 of the Green Valley Master Plan, as follows: Dec. 9, 2025 Item #7 Page 13 of 13 Docusign Envelope ID: 6966F6DB-E84C-4C70-A187-4FF68748CE99