HomeMy WebLinkAbout2021-01-13; Planning Commission; Resolution 7389PLANNING COMMISSION RESOLUTION NO. 7389
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A LOCAL
COASTAL PROGRAM AMENDMENT TO COMPREHENSIVELY UPDATE THE
CARLSBAD LOCAL COASTAL PROGRAM LAND USE PLAN, AND
ASSOCIATED AMENDMENTS TO THE ZONING MAP AND VILLAGE AND
BARRIO MASTER PLAN.
CASE NAME: LOCAL COASTAL PROGRAM UPDATE
CASE NO: LCPA 15-07 /ZC 2020-0002/AMEND 2020-0016
(DEV15061)/AMEND 2020-0014 (DEV08014)
WHEREAS, the City Planner has filed a verified application for a comprehensive update to
the Carlsbad Local Coastal Program Land Use Plan and associated amendments to the Zoning Map and
Village and Barrio Master Plan; and
WHEREAS, as provided in Government Code Section 65350 et. seq., Section 21.52.020
and Section 21.90.090 of the Carlsbad Municipal Code, and Public Resources Code Section 30514 and
Section 13551 of the California Code of Regulations Title 14, Division 5.5, said verified application
constitutes a request for a Local Coastal Program Amendment, Zone Change and Master Plan
Amendment, as shown on Exhibit lA: Draft Local Coastal Program Land Use Plan dated September 2019,
on file in the Planning Division and incorporated by this reference; anq Exhibit 1B: Local Coastal Program
Land Use Plan Update -Land Use Map (LCPA 15-07) dated Dec. 2, 2020, ·attached hereto; and
WHEREAS, the Zone Change (LCPA 15-07/ZC 2020-0002), Poinsettia Shores Master Plan
Amendment (LCPA 15-07/AMEND 2020-0016) and Village and Barrio Master Plan Amendment (LCPA
15-007 / AMEND 2020-0014) are set forth and attached hereto in the,draft City Council Ordinance,
Exhibit lC, dated Dec. 2, 2020; and
WHEREAS, in November and December 2014, the California Coastal Commission and
California Ocean Protection Council awarded two grants to the City of Carlsbad to conduct a sea level
rise vulnerability analysis and comprehensively update the city's Local Coastal Program; and
WHEREAS, the City Council approved a comprehensive update to the Carlsbad General
Plan on Sept. 22, 2015 and an update to the Local Coastal Program Land Use Plan is necessary to ensure
that the city's policies, Which guide development in the Coastal Zone, are consistent; and
WHEREAS, the city completed the City of Carlsbad Sea Level Rise Vulnerability
Assessment in December 2017, and an update to the Local Coastal Program Land Use Plan is necessary
to incorporate the assessment into the Carlsbad Local Coastal Program and establish sea level rise
hazard policies; and
WHEREAS, the draft Local Coastal Program Land Use Plan was made available for public
review in October 2019; and
WHEREAS, the draft Local Coastal Program Land Use Plan, Zoning Map, Poinsettia
Shores Master Plan and Village and Barrio Master Plan constitute, in part, the Carlsbad Local Coastal
Program, and, pursuant to the California Environmental Quality Act Guidelines Section 15265, the
preparation and adoption of a local coastal program by a local government is statutorily exempt from
the California Environmental Quality Act; and
WHEREAS, the Planning Commission did on Dec. 2, 2020, Jan. 6, 2021 and Jan. 13, 2021,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the Local Coastal Program Amendment, Zone Change and amendments to the Poinsettia Shores Master
Plan and Village and Barrio Master Plan; and
WHEREAS, Exhibit 1D, dated Jan. 13, 2021 and attached hereto, identifies revisions to
the draft Local Coastal Program Land Use Plan dated September 2019; said revisions address public
comments on the draft plan, incorporates the revisions identified in the Errata Sheet for Planning
Commission Agenda Item #4, dated Dec. 2, 2020, and reflects the Planning Commission recommended
revisions identified during the public hearing on Dec. 2, 2020, Jan. 6, 2021, and Jan 13, 2021; and
WHEREAS, State Coastal Commission Guidelines requires a six-week public review period
for any amendment to the Local Coastal Program.
PC RESO NO. 7389 -2-
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad, as follows:
A) That the foregoing recitations are true and correct.
B) Notice regarding the state-mandated six-week review period for the Local Coastal
Program Amendment was issued on Oct. 18, 2019 (Oct. 18, 2019 to Nov. 29, 2019); public
comments are described in the Staff Report to the Planning Commission, dated Dec. 2,
2020.
C) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS:
Findings:
1) THE CITY COUNCIL APPROVE LOCAL COASTAL PROGRAM AMENDMENT -LCPA 15-
07, ZONE CHANGE -ZC 2020-0002, POINSETTIA SHORES MASTER PLAN
AMENDMENT -AMEND 2020-0016 AND VILLAGE AND BARRIO MASTER PLAN
AMENDMENT -AMEND 2020-0014, WITH REVISIONS RECOMMENDED BY STAFF
AND THE PLANNING COMMISSION, AS SHOWN IN EXHIBIT lD ATTACHED HERETO.
1. That the proposed Local Coastal Program update (LCPA 15-07 /ZC 2020-0002/ AMEND 2020-
0016/ AMEND 2020-0014) meets the requirements of, and is in conformity with, the policies of
Chapter 3 of the Coastal Act and all applicable policies of the Carlsbad Local Coastal Program not
being amended by this amendment, in that the comprehensive update to the Local Coastal
Program Land Use Plan was prepared in conformance with the Coastal Act and Coastal
Commission guidance, and does not conflict with coastal zone regulations that future
development must comply.
2. That the proposed Local Coastal Program update, including associated Zone Change and
amendments to the Poinsettia Shores Master Plan and Village and Barrio Master Plan (LCPA 15-
07 /ZC 2020-0002/AMEND 2020-0016AMEND 2020-0014), reflects sound principles of good
planning in that the proposed Local Coastal Program provides policies that guide future
development in the Coastal Zone consistent with the Coastal Act and General Plan; ensuring
that public access to the coast is provided and protected, and that impacts to coastal resources
(from development and coastal hazards) are minimized.
3. That the proposed amendment to the Carlsbad Local Coastal Program (LCPA 15-07/ZC 2020-
0002/ AMEND 2020-0016/ AMEND 2020-0014) is required to bring it into consistency with Coastal
Commission guidance and the Carlsbad General Plan.
4. That the proposed amendment to the Zoning Map (LCPA 15-07 /ZC 2020-0002) is required to bring
it into consistency with Local Coastal Program Land Use Plan update and the General Plan .
5. That the proposed amendment to the Poinsettia Shores Master Plan (LCPA 15-07 / AMEND 2020-
0016) is required to bring it into consistency with Local Coastal Program Land Use Plan update.
6. That the proposed amendment to the Village and Barrio Master Plan (LCPA 15-07 / AMEND 2020-
0014) is required to bring it into consistency with Local Coastal Program Land Use Plan update. ·
PC RESO NO. 7389 -3-
7. The project is consistent with the Growth Management Plan and Citywide Facilities and
Improvements Plan (CFIP). The Local Coastal Program Land Use Plan update was prepared
consistent with the land uses planned by the General Plan, which was found consistent with the
Growth Management Plan and CFIP. The proposed Local Coastal Program Land Use Plan does
not propose any policy or land use that would conflict ·with the Growth Management Plan or
increase the city's current projected need for public facilities.
8. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), dated October 2004, in that the Local Coastal Program Update does
not involve any actual development and thus does not impact the airport's noise contours,
airspace surfaces, safety zones, or overflight notification requirements, as determined by the
San Diego County Regional Airport Authority, Airport Land Use Commission in a letter dated
October 27, 2020.
9. That the City Planner has determined that the project {the preparation and adoption of a local
coastal program by a local government) qualifies as an action that has been determined by the
state Legislature, pursuant to Section 15265 of the California Environmental Quality Act {CEQA)
Guidelines, to be statutorily exempt from CEQA.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, held on Jan. 13, 2021, by the following vote, to wit:
AYES: Chair Anderson, Commissioners Geidner, Lafferty, Luna, Meenes, Merz, and Stine
NOES:
ABSENT:
ABSTAIN:
VELYN ANDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
PC RESO NO. 7389 -4-
EXHIBIT 1B
EXISTING Local Coastal Program Land Use
U – Utility; TS – Tourist Services
PROPOSED Local Coastal Program Land Use
VC – Visitor Commercial; OS – Open Space
EXHIBIT 1B – LOCAL COASTAL PROGRAM LAND USE MAP
LCPA 15-07 LOCAL COASTAL PROGRAM UPDATE
Dec. 2, 2020
EXHIBIT 1C
ORDINANCE NO. .
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING A LOCAL COASTAL PROGRAM AMENDMENT
CONSISTING OF A ZONE CHANGE AND AMENDMENT TO THE VILLAGE AND
BARRIO MASTER PLAN FOR CONSISTENCY WITH THE LOCAL COASTAL
PROGRAM LAND USE PLAN UPDATE.
CASE NAME: LOCAL COASTAL PROGRAM UPDATE
CASE NO.: LCPA 15-07/ZC 2020-0002 (DEV15061)/AMEND 2020-0014
(DEV08014)
WHEREAS, the Carlsbad Zoning Map and Village and Barrio Master Plan are part of the Local
Coastal Program Implementing Ordinance, and therefore, amendments to the Zoning Map and Village
and Barrio Master Plan are amendments to the Local Coastal Program; and
WHEREAS, as provided in Government Code Section 65350 et. seq., Section 21.52.020 and
Section 21.90.090 of the Carlsbad Municipal Code, and Public Resources Code Section 30514 and
Section 13551 of the California Code of Regulations Title 14, Division 5.5, said verified application
constitutes a request for a Local Coastal Program Amendment consisting of a Zone Change and Village
and Barrio Master Plan Amendment (LCPA 15-07/ZC 2020-0002/AMEND 2020-0014); and
WHEREAS, the proposed Zone Change and Village and Barrio Master Plan Amendment (LCPA
15-07/ZC 2020-0002/AMEND 2020-0014) are necessary to ensure consistency with the associated Local
Coastal Program Land Use Plan Update (Exhibit 1A of Planning Commission Resolution No. 7389); and
WHEREAS, pursuant to California Coastal Commission Regulations, a six-week public review
period for the Local Coastal Program amendment occurred from Oct. 18, 2019 to Nov. 29, 2019; and
WHEREAS, on Dec. 2, 2020, the Planning Commission held a duly noticed public hearing as
prescribed by law to consider LCPA 15-07/ZC 2020-0002/AMEND 2020-0014; and
WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7389
recommending that the City Council approve LCPA 15-07/ZC 2020-0002/AMEND 2020-0014; and
WHEREAS, the City Council did on the ___ day of ____ _, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments,
if any, of all persons desiring to be heard, said City Council considered all factors, including written
public comments, if any, related to LCPA 15-07/ZC 2020-0002/AMEND 2020-0014.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain that:
1. The above recitations are true and correct.
2. The findings of the Planning Commission in Planning Commission Resolution No. 7389
also constitute the findings of the City Council.
3. Carlsbad Municipal Code Section 21.05.030, the zoning map, is amended as shown on
Exhibit "LCPA 15-07/ZC 2020-0002" dated Dec. 2, 2020 and attached hereto.
4. Section 1.7.1.C of the Village and Barrio Master Plan is amended to read as follows:
C. City of Carlsbad Local Coastal Program
The Local Coastal Program guides future development in the city’s Coastal Zone based
on policies and requirements in the state Coastal Act. It seeks to ensure coastal
resources, ranging from public views and access, to hillside and sensitive habitats, are
enhanced and protected. Approximately one-third of Carlsbad, including portions of the
Village and Barrio, is in the Coastal Zone. Section 6.2.1 describes the sections of the
Village and Barrio Master Plan and other documents that comprise the Local Coastal
Program for the Coastal Zone of the Master Plan area. The Local Coastal Program
requires approval from the California Coastal Commission in addition to the City of
Carlsbad City Council.
5. Section 6.2.1 of the Village and Barrio Master Plan is amended to read as follows:
6.2.1 Local Coastal Program
The Local Coastal Program for properties within the Coastal Zone of the Village and
Barrio Master Plan (shown in Figure 2-1) is comprised of the sections of this Master Plan
and other documents described below. In any instance where the Local Coastal Program
(described below) conflicts with other provisions of this Master Plan (not described
below), the Local Coastal Program provisions shall apply.
Table 6-1: Local Coastal Program for the Coastal Zone of the Village and Barrio Master
Plan
Row Documents and Provisions that Comprise the Local Coastal Program
A
Village and Barrio Master Plan Sections:
Goals and policies in Chapter 1
Use and development standards in Chapters 2 and 3
Provisions on managing parking and increasing mobility in Section 4.5.2
Administrative processes of Chapter 6
Definitions in Appendix A
B
City of Carlsbad Local Coastal Program Land Use Plan
In instances where the sections of this Master Plan (specified in row A of this
table) conflict with the Local Coastal Program Land Use Plan, the Master Plan
provisions shall apply. Where the Village and Barrio Master Plan is silent on an
issue, the provisions of the Local Coastal Program Land Use Plan shall apply.
C CMC Chapter 15.12 – Stormwater Management and Discharge Control
D CMC Chapter 15.16 – Grading and Erosion Control
E CMC Title 21 - Zoning Ordinance, except the zoning provisions superseded
herein
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption or upon Coastal
Commission approval of LCPA 15-07; whichever occurs later; and 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 ______
day of __________, 2021, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the __ day of ________, 2021, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CELIA A. BREWER, City Attorney
_________________________
MATT HALL, Mayor
_________________________
BARBARA ENGLESON, City Clerk
(SEAL)
EXISTING Local Coastal Program Zoning
PU – Public Utility
PROPOSED Local Coastal Program Zoning
CT – Commercial Tourist; OS – Open Space
EXHIBIT 1 LCPA 15-07/ZC 2020-0002
Dec. 2, 2020
LOCAL COASTAL PROGRAM UPDATE
EXHIBIT 1
EXHIBIT 2 LCPA 15-07/AMEND 2020-0016 – LOCAL COASTAL PROGRAM UPDATE
Dec. 2, 2020
1.Amend the Poinsettia Shores Master Plan Table of Contents (section titles, exhibit titles,
page numbers, etc.), as needed, consistent with the amendments shown below.
2.Amend the fourth paragraph Poinsettia Shores Master Plan Section 1.A to read as follows:
Development within the Master Plan shall be subject to all present and future Growth
Management plans, policies or ordinances adopted by the City Council or by Citizen Vote including
but not limited to Chapter 21.90 of the Carlsbad Municipal Code (Growth Management). The
residential development potential for the Master Plan area has been established by applying the
density ranges and the "control points" of the General Plan Land Use designations which are
applicable to the property. The Master Plan complies with the Growth Control Point of the
underlying General Plan density of 6.0 du/net acres for RM areas and 19 du/net acres for R-23
areas, except where a density bonus is allowed pursuant to the provisions set forth in the
affordable housing ordinance.
3.Amend the first three paragraphs of Poinsettia Shores Master Plan Section 1.B.2 to read as
follows:
The Poinsettia Shores Master Plan supersedes the previous Batiquitos Lagoon Educational Park
(BLEP) Master Plan. The private school and research and development uses allowed by the BLEP
Master Plan on the east side of the railroad track were changed to allow for the development of
single and multiple family dwelling units. The impacts of the proposed land uses identified in the
BLEP Master Plan were significantly decreased with the approval of the Poinsettia Shores Master
Plan. The amended Zone 9 LFMP and Chapter VI of this Master Plan identify the facility impacts of
the Poinsettia Shores Master Plan.
For planning purposes, the Master Plan land uses and planning areas are generally referred to as
either "east-side" or "west-side," dependent upon their location in relation to the AT&SF Railroad
Right-of-Way which bisects the property. The east side features nine residential planning areas, a
community recreational area, a recreational vehicle storage area, as well as various open space
areas. The west-side features an open space area, visitor commercial area, general commercial
area, and a multifamily residential area.
When built out, the Poinsettia Shores Master Plan will not exceed the maximum number of
dwelling units as allowed by the General Plan, which as part of the 2015 General Plan update was
determined consistent with the city’s Growth Management Plan and the Citywide Facilities and
Improvements Plan.
EXHIBIT 2
EXHIBIT 2 LCPA 15-07/AMEND 2020-0016 – LOCAL COASTAL PROGRAM UPDATE
Dec. 2, 2020
2
4. Amend the last two paragraphs of Poinsettia Shores Master Plan Section 1.B.2 to read as
follows:
There are 75 single family homes built within the Planning Area J that were built per the
requirements of the Batiquitos Lagoon Educational Park Master Plan.
5. Amend the title and label of Poinsettia Shores Master Plan Exhibit 2 to read as follows:
Existing General Plan at adoption of MP 175 (D)
6. Amend subsection 7 of Poinsettia Shores Master Plan Section I.E to read as follows:
7. Ensure conformance with the California Coastal Act through compliance with the
policies and standards of the Carlsbad Local Coastal Program.
7. Amend Poinsettia Shores Master Plan Section III.A to read as follows:
A. LAND USE
The Local Coastal Program and General Plan land use designations of the Poinsettia
Shores Master Plan are shown on Exhibit 6 on page Error! Bookmark not defined.,
and listed by planning area on the Land Use Summary Table, Exhibit 9, on page
Error! Bookmark not defined.. These designations are:
RM - Residential Medium 4-8 dwelling units per acre (Growth Control Point 6.0
du/ac)
R-23 - Residential 15-23 dwelling units per acre (Growth Control Point 19 du/ac)
GC - General Commercial
VC - Visitor Commercial
OS - Open Space
All development within the Master Plan shall be consistent with these land use
designations as well as complying with all other Master Plan and Planning Area
Development Standards.
EXHIBIT 2 LCPA 15-07/AMEND 2020-0016 – LOCAL COASTAL PROGRAM UPDATE
Dec. 2, 2020
3
8. Amend Poinsettia Shores Master Plan Sections III.C.1.c and III.C.1.d to read as follows:
c. Multi-family - Planning Area C is designated for multi-family development. The multi-family
units will be developed per the Planned Development Ordinance and the development
standards/design criteria set forth in this Master Plan. The multi-family units may include but
are not limited to townhomes, stacked flats, carriage units, apartments and duplexes.
Part of Planning Area F is also designated for multi-family development, which shall be
developed pursuant to the requirements of this Master Plan.
d. Affordable Housing - Planning Area D is designated as the Master Plan's affordable housing site,
unless an offsite location is designated through an Affordable Housing Agreement between the
property owner and the City per the provisions of Chapter VII of this Master Plan. These units
will be either "for sale" or rental units, subject to the discretion of the developer. For additional
information, see Chapter VII.
Pursuant to City Council Resolution No. 2015-243 and Planning Commission Resolution No.
7114, affordable housing units are also required as part of the development of residential units
on Planning Area F.
9. Amend Poinsettia Shores Master Plan Section III.C.2 and III.C.3 to read as follows:
2. GENERAL COMMERCIAL
The General Commercial area is located in Planning Area F at the southeast corner of
Avenida Encinas and Carlsbad Boulevard. The land uses will consist of those permitted by
the General Commercial land use designation, per the Carlsbad General Plan and as
specified within the Poinsettia Shores Master Plan.
3. VISITOR COMMERCIAL
The Visitor Commercial area will be located in Planning Areas F, G and H. The land uses will
consist of those permitted by the Visitor Commercial land use designation as described in
the City of Carlsbad General Plan and as specified within the Poinsettia Shores Master Plan.
EXHIBIT 2 LCPA 15-07/AMEND 2020-0016 – LOCAL COASTAL PROGRAM UPDATE
Dec. 2, 2020
4
10. Amend Poinsettia Shores Master Plan Exhibit 6 to read as follows:
Exhibit 6 Land Use
R-23 VC VC VC RESIDENTIAL 15-23 DU/AC GENERAL COMMERCIAL R-23 GC VISITOR COMMERCIAL LAND USE ·>-
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EXHIBIT 2 LCPA 15-07/AMEND 2020-0016 – LOCAL COASTAL PROGRAM UPDATE
Dec. 2, 2020
5
11. Amend Poinsettia Shores Master Plan Exhibit 8 to read as follows:
Exhibit 8 Planning Areas
LAND USE A-1 RM 9.8 A-2 RM 13.5 A-3 RM 10.2 A-4 RM 14.7 B-1 RM 20.9 B-2 RM 2.9 C RM 11.2 D RM 4.4 E RM 0.9 F R-23 7.21 F GC 3.83 G VC 8.4 H VC 3.7 I OS 11.9 J RM 13.8 K OS 18.3 L OS 4.6 M OS 2.3
EXHIBIT 2 LCPA 15-07/AMEND 2020-0016 – LOCAL COASTAL PROGRAM UPDATE
Dec. 2, 2020
6
12. Amend Poinsettia Shores Master Plan Exhibit 9 to read as follows:
Planning
Area
Land Use
Designation
Development Type and Review
Process
Acres (1) Residential (Units Non-Residential (Sq. Ft.)
Gross Net Growth Management
Control Point
General Plan
Maximum Units
Poinsettia Shores
Master Plan (2) Poinsettia Shores Master Plan
J RM SFD PD 13.8 13.6 Existing-75 Existing-75 Existing-75
SUBTOTAL EXISTING 13.8 13.6 Existing-75 Existing-75 Existing-75
A-1 RM SFD PD 9.8 8.4 50 67 41
A-2 RM SFD PD 13.5 11 66 88 50
A-3 RM SFD PD 10.2 8.6 51 68 51
A-4 RM SFD PD/SDP 14.7 14.7 88 117 62
B-1 RM SFD PD/SDP 20.9 20.2 121 161 161
B-2 RM SFD PD/SDP 2.9 2.6 15 20 16
C RM SFD PD/SDP 11.2 9.6 57 76 70
D RM SFD PD/SDP 4.4 4.0 24(3) 32(3) 90(4)
E RM SFD PD/SDP 0.9 0.5 3 4 0
Residential Subtotal Future (3) 88.5 79.6 451 451
Market Rate Density Bonus Units (5) 23
F R-23 Residential 15-23 du/ac SDP 7.21
6.28
119 144 119
F GC General Commercial SDP 3.83 3.07 12 NA 12 (6)
G VC Visitor Commercial SDP 8.4 7.8 0 0 0 58,600 square feet
Plus 220 hotel/Timeshare Units
H VC Visitor Commercial SDP
3.7 3.7 0 0 0
Total – 120,000 square feet
Including 150 Hotel Rooms and
25,000 sq. ft. for a Conference Center
I OS Open Space 11.9 11.9 0 0 0
K OS Open Space 18.3 18.3 0 0 0
L OS Open Space 4.6 4.6 0 0 0
M OS Recreation Center SDP 2.3 2.0 0 0 0
Total Master Plan (3) 162.8 152.2 657 657 178,600 sq. ft. & 220 Hotel/Timeshare Units (6)
Total With Affordable Housing And Density Bonus 162.8 152.2 729 770 178,600 sq. ft. & 220 Hotel/Timeshare Units (6)
(1) The Planning Area acreage was determined by planimeter. Upon preparation of the Tentative Map, exact acreages will be determined.
(2) Units are permitted to be transferred between the Planning Areas, however the number of units within any Planning Area may not be above or below the General Plan density range, except as
allowed for utilization of density bonus unit per the affordable housing chapter of this Master Plan.
(3) Since Planning Area D is reserved as a potential affordable housing site and the units will be provided via a density bonus, the units shown in Planning Area D are not included in the subtotal of
future residential.
(4) Under Section 21.86.060(g) of the Density Bonus Ordinance, these units may be permitted to exceed the General Plan density range.
(5) The Market Rate Density Bonus Units are additional units allowed under Section 21.86.030 of the Density Bonus Ordinance
The figure is derived by multiplying the maximum future dwelling units (451) by 25% to arrive at a 113 unit density bonus and subtracting the amount of required affordable units (90).
The equation: 451 Maximum Future Dwelling Units x .25 = 113 Density Bonus Units; 113 Density Bonus Units - 90 Affordable Units = 23 Market Rate Units.
These units will either be utilized in Planning Area D or transferred into other Planning Areas. (See Chapter VII for more detailed information.)
(6) The total amount of General Commercial development will be determined during city review of a development proposal.
NOTE: The number of units in Planning Areas B-1, B-2 and C exceed the Growth Control Point, however they are within the General Plan density range.
The total number of dwelling units within the Poinsettia Shores Master Plan will not exceed the total number of units allowed by Growth Management
EXHIBIT 2 LCPA 15-07/AMEND 2020-0016 – LOCAL COASTAL PROGRAM UPDATE
Dec. 2, 2020
7
13. Amend Poinsettia Shores Master Plan Section VIII to read as follows:
VIII. LOCAL COASTAL PROGRAM COMPLIANCE
The Poinsettia Shores Master Plan area falls within the Coastal Zone. The area falls within
the West Batiquitos Lagoon Local Coastal Plan (LCP) which provides policies and
development guidelines for compliance with the state coastal act.
All proposed development in the Poinsettia Shores Master Plan area shall be in compliance
with the requirements of the Carlsbad Local Coastal Program (LCP) Land Use Plan policies
and provisions, including guidelines for the development of steep slopes covered with
native vegetation, grading and the provision of erosion control devices.
A Coastal Development Permit must be obtained prior to development of any Planning
Area. Please see Section B of Chapter XI and Exhibit 31 for details on timing and
requirements for such permits.
14. Add the following paragraph at the end of Poinsettia Shores Master Plan Section IX:
The designation of Planning Area F for residential and commercial use complied with CEQA
through completion of the General Plan Update Environmental Impact Report (EIR 13-02).
Future development of the planning area will be subject to a project specific environmental
review pursuant to CEQA.
15. Amend Poinsettia Shores Master Plan Section XI.C Planning Area Development Standards
[for Planning Area F] to read as follows:
PLANNING AREA F
1. Description:
Planning Area F is located at the far northwest corner of the Master Plan area west of the
NCTD Railroad right-of-way. This Planning Area is split into two sites by Ponto Drive. The
eastern residential site has a gross area of 7.21 acres and a net area of approximately
6.28 acres. The western commercial site has a gross area of 3.83 acres and a net area of
approximately 3.07 acres.
2. Land Use Allocation:
Local Coastal Program and General Plan Land Use:
• East of Ponto Drive: R-23 (Residential 15-23 dwellings per acre)
• West of Ponto Drive: GC (General Commercial)
Residential and commercial development shall comply with all applicable policies of the
Carlsbad Local Coastal Program Land Use Plan and the Carlsbad General Plan.
EXHIBIT 2 LCPA 15-07/AMEND 2020-0016 – LOCAL COASTAL PROGRAM UPDATE
Dec. 2, 2020
8
15. Amend Poinsettia Shores Master Plan Section XI.C Planning Area Development Standards
[for Planning Area F] to read as follows, cont.:
3. Special Development Standards and Design Criteria:
Residential and Commercial Areas:
- All open parking areas shall be screened from adjacent roadways and structures,
through a combination of planting, berming and low walls.
- Screening walls for storage spaces, loading areas and equipment shall be
architecturally integrated with surrounding buildings and design.
R-23 Residential Area:
- Development shall comply with the standards of Carlsbad Municipal Code Title 21
(Zoning) Chapter 21.24 – RD-M Residential Density-Multiple Zone, and all other
zoning standards not otherwise addressed by this Master Plan.
- All structures shall be set back a minimum of 40 feet from the NCTD Railroad Right-
of-Way. Allowable uses within this setback include streets, parking and landscaping.
- Development of the site shall include internal walkways that provide pedestrian
access to surrounding sites.
- Future development shall comply with City Council Resolution No. 2015-243 and
Planning Commission Resolution 7114, which requires a minimum of percentage of
the total number of units (rental or for-sale) be affordable to lower income
households. These units shall be provided on site or at an offsite location, subject to
city approval.
GC Commercial Area:
- The primary use of the site is intended for general commercial uses (retail and
commercial service uses) and may include a community amenity use such as an
arts/nature/activity center.
- Development shall comply with the standards of Carlsbad Municipal Code Chapter
2.28 – C-2 General Commercial Zone, and all other zoning standards not otherwise
addressed by this Master Plan.
- A 40-foot landscape setback shall be provided along the west side of the planning
area/east side of Carlsbad Boulevard; the width of the landscape setback may be
reduced due to site constraints or protection of environmental resources. A
meandering multi-use public path shall be provided within the landscape setback.
- Building structures and facilities shall be well integrated, oriented and related to
pedestrian scale.
- Development of the site shall include internal public-gathering plazas and walkways
that provide pedestrian access to surrounding sites and Carlsbad Boulevard.
EXHIBIT 2 LCPA 15-07/AMEND 2020-0016 – LOCAL COASTAL PROGRAM UPDATE
Dec. 2, 2020
9
15. Amend Poinsettia Shores Master Plan Section XI.C Planning Area Development Standards
[for Planning Area F] to read as follows, cont.:
- If the site is developed as a mixed-use site:
a. Residential dwellings are allowed as a secondary use at a minimum density of 15
dwelling units per acre (based on 25 percent of developable acreage).
b. Vertical mixed-use (commercial, office and residential in the same multi-story
building) – ground floor uses shall be limited to retail and commercial service
uses and upper floor uses may include uses allowed on the ground floor, as well
as office and residential uses.
c. Horizontal mixed-use (commercial, office and residential in separate buildings) –
commercial uses shall be the primary use located along primary street frontages.
d. Future development of residential dwellings shall comply with City Council
Resolution No. 2015-243 and Planning Commission Resolution 7114, which
requires a minimum of percentage of the total number of units (rental or for-
sale) be affordable to lower income households. These units shall be provided on
site or at an offsite location, subject to city approval.
- A multi-level above and below ground parking garage may be considered along
Avenida Encinas. If a parking garage is provided, shops and services should line the
first story of the garage’s north and west sides to maintain pedestrian activity along
and to the planning area.
- Development of the site should design for the ability to provide a pedestrian
underpass below Carlsbad Boulevard from the wetland area/boardwalk trail to the
beach side of Carlsbad Boulevard.
4. Approval Process:
A Site Development Plan (processed per Carlsbad Municipal Code Chapter 21.06), Coastal
Development Permit (per Carlsbad Municipal Code Chapter 21.201), and any other required
permit associated with the development application, shall be submitted and approved prior
to the development of this planning area.
EXHIBIT 2 LCPA 15-07/AMEND 2020-0016 – LOCAL COASTAL PROGRAM UPDATE
Dec. 2, 2020
10
15. Amend Poinsettia Shores Master Plan Section XI.C Planning Area Development Standards
[for Planning Area F] to read as follows, cont.:
5. Environmental Mitigation Conditions
Prior to approval of further development approvals for this area, additional environmental
review shall be conducted to determine whether any significant environmental impacts will
occur as a result of the proposed use.
6. Other Special Conditions
Development of this Planning Area shall comply with the requirements stated in Section B
of this Master Plan Chapter beginning on page 66.
EXHIBIT 2 LCPA 15-07/AMEND 2020-0016 – LOCAL COASTAL PROGRAM UPDATE
Dec. 2, 2020
11
16. Replace Poinsettia Shores Master Plan Exhibit 43 with the following:
F – EAST F - WEST 1 -
EXHIBIT 2 LCPA 15-07/AMEND 2020-0016 – LOCAL COASTAL PROGRAM UPDATE
Dec. 2, 2020
12
17. Amend Poinsettia Shores Master Plan Section XI.C Planning Area Development Standards
[for Planning Area G] to read as follows:
PLANNING AREA G
1. Description:
Planning Area G is located west of the NCTD Railroad right-of-way, east of Carlsbad
Boulevard, north of Planning Area H and south of the Avenida Encinas extension.
Planning Area G has a gross area of 8.4 acres and net developable area of 7.8 acres.
2. Land Use Allocation:
Local Coastal Program and General Plan Land Use: VC (Visitor Commercial)
All development in Planning Area G shall conform to shall comply with all applicable
policies of the Carlsbad Local Coastal Program Land Use Plan and the Carlsbad
General Plan.
Hotel units will be managed and maintained by a hotel management group. This
area also allows for hotel units which are also permitted to be designed as vacation
time share units provided that a subdivision map is recorded and the time share is
processed under Section 21.42.010 of the Carlsbad Municipal Code. Up to 220 hotel
or vacation time share units shall be allowable within this Planning Area. Each unit
shall have the option to be designed with full kitchen facilities. These units may be
sold or leased on a daily or weekly basis. In this event the facilities shall be
maintained and managed by an independent management entity which may or may
not be affiliated with the hotel management group.
This Planning Area provides tourist-commercial services within the Master Plan area
and, in particular, the hotel and conference center. Uses within this area shall be
primarily directed toward the needs of tourists visiting the hotel, timeshare,
conference center and local scenic and recreation areas.
In addition to the hotel/time share units described above, this Planning Area
permits, but is not limited to the following uses: restaurants, bakeries, convenience
retail, barber and beauty shops, book and stationary stores, dry cleaning, laundry
service for hotel, florist shops, small specialty grocery stores, novelty and/or
souvenir stores, travel agencies, confectionery stores and jewelry stores. Other
similar uses are also allowed upon approval of the Director of Planning.
Poinsettia Shores Master Plan permits a maximum of 220 hotel and/or time share
units, private recreation facilities in conjunction with the hotel and/or time share
related uses as well as 58,600 square feet of commercial area.
A maximum of 58,600 square feet of tourist commercial floor area is permitted.
EXHIBIT 2 LCPA 15-07/AMEND 2020-0016 – LOCAL COASTAL PROGRAM UPDATE
Dec. 2, 2020
13
17. Amend Poinsettia Shores Master Plan Section XI.C Planning Area Development Standards
[for Planning Area G] to read as follows, cont.:
3. Special Development Standards:
- Development shall comply with the standards of Carlsbad Municipal Code
Title 21 (Zoning) Chapter 21.29 – C-T Commercial Tourist Zone, and all other
zoning standards not otherwise addressed by this Master Plan.
- 1.2 parking spaces per guest suite must be provided.
- Commercial uses shall provide a minimum of one space for each 200 square
feet of gross floor area.
- A 40-foot landscape setback shall be provided along the west side of the
planning area/east side of Carlsbad Boulevard; the width of the landscape
setback may be reduced due to site constraints or protection of
environmental resources. A meandering multi-use public path shall be
provided within the landscape setback.
- All structures shall be setback a minimum of 40 feet from the NCTD Railroad
right of way. Allowable uses within this setback area include streets,
parking, and landscaping.
- A public trail around the perimeter of the planning areas shall be provided.
The trail shall:
a. Provide public access to views of the lagoon and ocean.
b. Include interpretive signage and occasional seating.
c. Be designed to connect to the city’s trail system.
- Development of the site shall include internal public-gathering plazas and
walkways that provide pedestrian access to the commercial development to
the north and Carlsbad Boulevard.
- The distance between structures shall not be less than 10 feet.
- A minimum of 10% of the required parking area, inclusive of driveways shall
be landscaped subject to approval of the Planning Director.
- All buildings including accessory structures shall not cover more than 50% of
the area of the lot. Parking areas shall not be counted in determining lot
coverage.
EXHIBIT 2 LCPA 15-07/AMEND 2020-0016 – LOCAL COASTAL PROGRAM UPDATE
Dec. 2, 2020
14
17. Amend Poinsettia Shores Master Plan Section XI.C Planning Area Development Standards
[for Planning Area G] to read as follows, cont.:
4. Design Criteria:
- All open parking areas shall be screened from adjacent roadways and
structures, through a combination of planting, berming and low walls.
- Building structures and facilities shall be well integrated, oriented and
related to pedestrian scale.
- Screening walls for storage spaces, loading areas and equipment shall be
architecturally integrated with surrounding building and design.
- Building placement shall be designed to create opportunities for plazas or
other landscaped open spaces within the planning area.
- The perimeter pedestrian trail system shall be constructed in this area.
5. Approval Process:
A Site Development Plan (processed per Carlsbad Municipal Code Chapter 21.06),
Coastal Development Permit (per Carlsbad Municipal Code Chapter 21.201), and
any other required permit associated with the development application, shall be
submitted and approved prior to the development of this planning area.
6. Environmental Mitigation Conditions
Prior to issuance of a grading permit for this planning area, an archaeologist shall be
retained by the developer for participation in a pre-grading conference and to
perform monitoring during grading operations where, and if, cultural resource sites
are located in this planning area. Compliance with the City's standard
paleontological mitigation is also required.
7. Other Special Conditions
- This Planning Area is required to either 1) bond for frontage improvements
on Carlsbad Boulevard as specified in this Master Plan's circulation chapter
on page Error! Bookmark not defined., or 2) construct said improvements
to the satisfaction of the City Engineer. Construction of improvements may
be financed through an assessment district subject to approval by the City
of Carlsbad.
- The development of this planning area shall include a public access trail
system which will be designed to link with the Master Plan's trail system.
Trail improvements must be installed prior to the issuance of any building
permits for this planning area.
- Recordation of open space easements along the bluff and railroad right-of-
way shall occur upon recordation of the final map.
EXHIBIT 2 LCPA 15-07/AMEND 2020-0016 – LOCAL COASTAL PROGRAM UPDATE
Dec. 2, 2020
15
18. Amend Poinsettia Shores Master Plan Section XI.C Planning Area Development Standards
[for Planning Area H], as follows:
PLANNING AREA H
1. Description:
Planning Area H is located immediately east of Carlsbad Boulevard between the Hotel
to the north and an open space area to the south. This Planning Area has a gross area
of 3.7 acres and a net developable area of 3.7 acres. Planning Area H is a lagoon bluff-
top area which is subject to special development standards which address visual
impacts to the lagoon.
2. Land Use Allocation:
Local Coastal Program and General Plan Land Use: VC (Visitor Commercial)
All development in Planning Area H shall conform to shall comply with all applicable
policies of the Carlsbad Local Coastal Program Land Use Plan and the Carlsbad General
Plan.
Planning Area H will include a hotel and conference center with recreational facilities,
administrative offices, banquet facilities and accessory retail uses as approved by the
Planning Director.
All development in Planning Area H shall conform to the standards of the C-T zone of
the Carlsbad Municipal Code, Chapter 21.29.
Permitted uses within Planning Area H are those commonly found with full service
hotel facilities to include, but not limited to, a conference center, swimming pool,
basketball courts, tennis courts, health club, dining facilities, and accessory retail uses
provided for the convenience of hotel quests when located within the hotel
structure(s).
Poinsettia Shores Master Plan permits a maximum of 150 executive suite hotel, a
maximum of five tennis courts and a maximum of 120,000 square feet of commercial
area which includes a 25,000 conference center.
3. Special Development Standards:
- Development shall comply with the standards of Carlsbad Municipal Code Title 21
(Zoning) Chapter 21.29 – C-T Commercial Tourist Zone, and all other zoning
standards not otherwise addressed by this Master Plan.
- Buildings within 100' of the Batiquitos Lagoon bluff shall be limited to 25' above
finished grade.
- The minimum parking requirement for hotel facilities is 1.2 spaces per hotel suite.
Additional public areas including conference center banquet facilities and other
accessory uses require one space for each 100 square feet of gross floor area.
EXHIBIT 2 LCPA 15-07/AMEND 2020-0016 – LOCAL COASTAL PROGRAM UPDATE
Dec. 2, 2020
16
18. Amend Poinsettia Shores Master Plan Section XI.C Planning Area Development Standards
[for Planning Area H], as follows, cont.:
- A 40-foot landscape setback shall be provided along the west side of the
planning area/east side of Carlsbad Boulevard; the width of the landscape
setback may be reduced due to site constraints or protection of environmental
resources. A meandering multi-use public path shall be provided within the
landscape setback.
- All structures shall have a minimum setback of 40 feet from the NCTD Railroad
right of way. Allowable uses within this setback include streets, parking and
landscaping.
- A public trail around the perimeter of the planning areas shall be provided. The
trail shall:
a. Provide public access to views of the lagoon and ocean.
b. Include interpretive signage and occasional seating.
c. Be designed to connect to the city’s trail system.
- Development of the site shall include internal public-gathering plazas and
walkways that provide pedestrian access to the commercial development to the
north and Carlsbad Boulevard.
- A minimum 45 foot structural setback shall be observed from the south facing
lagoon bluff edge. Allowable uses within this setback include streets, parking
and landscaping. However, a greater setback may be required with review and
approval of specific development proposals in conjunction with review and
input by the California Department of Fish and Game for this planning area.
- The distance between structures shall not be less than 10'.
- A minimum of 10% of the required parking area, inclusive of driveways shall be
landscaped subject to approval of the Planning Director.
- All buildings including accessory structures shall not cover more than 50% of the
area of the lot. Parking areas shall not be counted in determining lot coverage.
4. Design Criteria:
- All open parking areas shall be screened from adjacent roadways and structures,
through a combination of planting, berming and low walls.
- Building structures and facilities shall be well integrated, oriented and related
to pedestrian scale.
- Screening walls for storage spaces, loading areas and equipment shall be
architecturally integrated with surrounding building and design.
- Building placement shall be designed to create opportunities for plazas or other
landscaped open spaces within the planning area.
EXHIBIT 2 LCPA 15-07/AMEND 2020-0016 – LOCAL COASTAL PROGRAM UPDATE
Dec. 2, 2020
17
18. Amend Poinsettia Shores Master Plan Section XI.C Planning Area Development Standards
[for Planning Area H], as follows, cont.:
- In order to address potential visual impacts to the lagoon, specific architectural
standards or designs must be proposed concurrent with the review of a Site
Development Plan for this Planning Area. These development standards shall
address reduction of potential visual impacts through methods which may
include but are not limited to: use of varied roof heights adjacent to the lagoon
bluff-top setback area, height limitations adjacent to the lagoon bluff-top
setback area, etc.
5. Approval Process:
A Site Development Plan (processed per Carlsbad Municipal Code Chapter 21.06),
Coastal Development Permit (per Carlsbad Municipal Code Chapter 21.201), and
any other required permit associated with the development application, shall be
submitted and approved prior to the development of this planning area.
6. Environmental Mitigation Conditions
Prior to issuance of a grading permit for this planning area, an archaeologist shall be
retained by the developer for participation in a pre-grading conference and to
perform monitoring during grading operations where, and if, cultural resource sites
are located in this planning area. Compliance with the City's standard
paleontological mitigation is also required.
7. Other Special Conditions
- This Planning Area is required to either 1) bond for frontage improvements on
Carlsbad Boulevard as specified in this Master Plan's circulation chapter on page
Error! Bookmark not defined. or 2) construct said improvements to the
satisfaction of the City Engineer. Construction of improvements may be
financed through an assessment district, subject to approval by the City of
Carlsbad.
- The development of this planning area shall include a public access trail which
will be designed to link with the Master Plan's trail system. Trail improvements
must be installed and dedication of the trail shall be accepted by the City of
Carlsbad if the City agrees and it adopts a Citywide Trails Program that includes
provisions for maintenance and liability. Otherwise, prior to the issuance of any
building permits, the obligation for acceptance, construction, maintenance, and
liability shall be the responsibility of another agency designated by the City or
the responsibility of the Homeowners Association. Upon acceptance of the
dedication, including maintenance and liability responsibilities, and completion
of the trail improvements, the trail shall be open for public use.
- Recordation of open space easements along the bluff and railroad right-of-way
shall occur upon recordation of the final map.
EXHIBIT 1D
LCPA 15-07 LOCAL COASTAL PROGRAM UPDATE
Recommended Revisions to Draft Local Coastal Program Land Use Plan
Jan. 13, 2021
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: ALL CHAPTERS
S Correct minor formatting errors, as needed.
S Revise all figures, as needed, to reflect the correct location of the railroad.
RECOMMENDED REVISIONS: DRAFT CHAPTER 1 - INTRODUCTION
P
Revise the last paragraph of Section 1.2, as follows:
The Carlsbad Local Coastal Program Land Use Plan and General Plan both provide policies that guide
the physical development of Carlsbad’s Coastal Zone; however, the General Plan is not a component of
the Local Coastal Program. While they are two separate documents, some of the descriptive text and
some of the policies are the same. Detailed discussion of Coastal Act requirements and goals is included
only in this Local Coastal Program Land Use Plan, while issues that are not directly relevant to the
Coastal Act are covered by the General Plan. If the policies of the General Plan conflict with the policies
of this Local Coastal Program Land Use Plan, the policies of this Local Coastal Program Land Use Plan
shall apply.
RECOMMENDED REVISIONS: DRAFT CHAPTER 2 – LAND USE
S
Update Figure 2-1 Land Use Map, as necessary, to reflect any approved land use designation changes
not reflected on the draft figure.
P
Revise the description of the Cannon Road Open Space Farming and Public Use Corridor (first
paragraph on page 2-21 of draft Local Coastal Program Land Use Plan), as follows:
Following voter approval of Proposition D, the city conducted a public planning process that
occurred from November 2007 through June 2008, which resulted in the report titled
“Creating a Community Vision for the Cannon Road Agriculture and Open Space (Prop D)
Lands Final Report September 23, 2008.” This community vision was used to create City
Council adopted the Cannon Road Agricultural/ and Open Space Zone, which establishes
the permitted uses and standards for the corridor. to implement the proposition. In 2017,
the Coastal Commission approved the Cannon Road Agricultural/Open Space Zone as part
of the Local Coastal Program Implementation Plan (implementing the Open Space land use
designation). However, the Coastal Commission’s approval applied the zone only to the
area of the corridor located south of Cannon Road. To fully implement Proposition D, the
city will need to seek Coastal Commission approval to apply the Cannon Road Agricultural/
Open Space Zone to the area of the corridor located north of Cannon Road. The new zone
will become effective when the associated Local Coastal Program amendment is approved
by the California Coastal Commission.
LCPA 15-07 LOCAL COASTAL PROGRAM UPDATE
Recommended Revisions to Draft Local Coastal Program Land Use Plan
Jan. 13, 2021
EXHIBIT 1D – Page 2
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 2 – LAND USE, CONT.
P
Add a new “Cannon Road Open Space, Farming, and Public Use Corridor” policy (to follow draft policy
LCP-2-P.15):
Seek approval from the Coastal Commission to apply the Cannon Road Agricultural/Open Space
Zone to the area of the corridor located north of Cannon Road.
Revise policy LCP-2-P.16.C, as follows:
C. Redevelop the Encina Power Station site, along with the SDG&E North Coast Service Center site,
with a mix of visitor-serving commercial uses, such as retail and hotel uses, and with new
community-accessible open spaces along Agua Hedionda Lagoon and the waterfront (Carlsbad
Boulevard). Encourage community gathering spaces, outdoor dining, and other features to
maximize potential views of the ocean and the lagoon. Encourage shared parking arrangements so
that a greater proportion of development can be active space rather than parking. In the design of
future redevelopment, consider opportunities to recognize the history of the power station site,
such as a small museum, signage, and observation tower.
LCPA 15-07 LOCAL COASTAL PROGRAM UPDATE
Recommended Revisions to Draft Local Coastal Program Land Use Plan
Jan. 13, 2021
EXHIBIT 1D – Page 3
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 2 – LAND USE, CONT.
S
Revise draft Policy LCP-2-P.20.A, as follows:
A. Area 1, as shown on Figure 2-2C
1. Prior to development of the site, the Poinsettia Shores Master Plan shall be updated to be
consistent with this policy.
2.1. The primary use of the site is intended for general commercial uses (retail and commercial service
uses) and may include a community amenity use such as an arts/nature/activity center.
3.2. If the site is developed as a mixed-use site:
a. Residential dwellings are allowed as a secondary use at a minimum density of 15 dwelling units
per acre (based on 25 percent of developable acreage).
b. Vertical mixed-use (commercial, office and residential in the same multi-story building) –
ground floor uses shall be limited to retail and commercial service uses and upper floor uses
may include uses allowed on the ground floor, as well as office and residential uses.
c. Horizontal mixed-use (commercial, office and residential in separate buildings) – commercial
uses shall be the primary use located along primary street frontages.
4.3. A 40-foot landscape setback shall be provided along the west side of the planning area/east side of
Carlsbad Boulevard; the width of the landscape setback may be reduced due to site constraints or
protection of environmental resources. A meandering multi-use public path shall be provided
within the landscape setback.
5.4. A multi-level above and below ground parking garage may be considered along Avenida Encinas.
If a parking garage is provided, shops and services should line the first story of the garage’s north
and west sides to maintain pedestrian activity along and to the planning area.
6.5. Development of the site shall include internal public-gathering plazas and walkways that provide
pedestrian access to surrounding sites and Carlsbad Boulevard.
7. The low-lying area in the center of the site exhibits wetland characteristics. The area should be
enhanced as a wetland interpretive park with a boardwalk trail across and around the wetland
area.
a. The wetland park trail should connect the two sides of the site divided by the wetland, unless
infeasible due to site constraints or protection of environmental resources.
8. Development of the site should design for the ability to provide a pedestrian underpass below
Carlsbad Boulevard from the wetland area/boardwalk trail to the beach side of Carlsbad
Boulevard.
9.6.
LCPA 15-07 LOCAL COASTAL PROGRAM UPDATE
Recommended Revisions to Draft Local Coastal Program Land Use Plan
Jan. 13, 2021
EXHIBIT 1D – Page 4
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 2 – LAND USE, CONT.
S
Revise draft Policy LCP-2-P.20.B, as follows:
B. Area 2, as shown on Figure 2-2C
1. Prior to development of the site, the Poinsettia Shores Master Plan shall be updated to be
consistent with this policy.
2.1. This site shall be developed with dwellings per the R-23 land use designation (15 to 23 dwellings
per acre).
3. Guest houses and accessory dwelling units shall not be permitted.
4.2. Development of the site shall include internal walkways that provide pedestrian access to
surrounding sites.
S
Revise draft Policy LCP-2-P.20.C.3, as follows:
C. Area 3, as shown on Figure 2-2C
…
3. A 40-foot landscape setback shall be provided along the west side of the planning areas/
east side of Carlsbad Boulevard; the width of the landscape setback may be reduced due to
site constraints or protection of environmental resources. A meandering multi-use public
path shall be provided within the landscape setback.
P
Revise draft policy LCP-2-P.20.D.3, as follows:
D. Area 4, as shown on Figure 2-2C
…
3. The existing desilting basin may shall be maintained on the site.
RECOMMENDED REVISIONS: DRAFT CHAPTER 3 – RECREATION AND VISITOR-SERVING USES
P
Add the following at end of the “Public Parks, Other Recreation Facilities, and Golf Courses” section
(end of page 3-7 of draft Local Coastal Program Land Use Plan):
The southbound lanes of Carlsbad Boulevard may be realigned with a shift to the east, which
would provide an opportunity to create additional recreation areas (e.g., parks and other
recreation facilities and amenities), and area for the state campground to expand or retreat
inland to adapt to sea level rise impacts. Sea level rise impacts are discussed further in Chapter
7, Coastal Hazards.
LCPA 15-07 LOCAL COASTAL PROGRAM UPDATE
Recommended Revisions to Draft Local Coastal Program Land Use Plan
Jan. 13, 2021
EXHIBIT 1D – Page 5
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 2 – LAND USE, CONT.
PC
Revise Figure 3-2 to add the existing Visitor Serving Commercial Site on the north shore of Agua Hedionda Lagoon:
LCPA 15-07 LOCAL COASTAL PROGRAM UPDATE
Recommended Revisions to Draft Local Coastal Program Land Use Plan
Jan. 13, 2021
EXHIBIT 1D – Page 6
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 3 – RECREATION AND VISITOR-SERVING USES, CONT.
PC
Delete the “Demand for Visitor Accommodations” section on pages 3-12 and 3-13:
Demand for Visitor Accommodations
The 2017 Carlsbad Visitor Profile (from San Diego Tourism Authority) shows that over a 12-year period,
from 2005 to 2017, the number of visitors to Carlsbad increased a total of 50.8 percent, an average
annual increase of 4.4 percent (this information accounts for a decrease in number of visitors during the
years of economic recession, 2008 – 2009). The overall increase in the number of visitors (some of which
are day visitors, and some are overnight visitors) results in an increased demand for hotel rooms or
other overnight accommodations.
A report titled, “Tourism Economics San Diego Travel Forecast July 2018” (prepared for San Diego
Tourism Authority), forecasts the annual increase in hotel room demand in San Diego through the year
2023. The local Carlsbad tourism agency, Visit Carlsbad, utilizes this report to forecast hotel demand in
Carlsbad. According to the report, hotel demand is estimated to increase approximately 2 percent each
year from 2019 to 2023.
Applying the forecasted demand to Carlsbad compared to the number of existing hotel rooms in
Carlsbad, as stated above, an additional 500 hotel rooms would be needed in Carlsbad (approximately
100 additional rooms per year from 2019 to 2023) to meet the forecasted annual 2-percent increase in
hotel demand (assuming the existing number of hotel rooms meets the current demand).
However, by 2023, more than 500 hotel rooms may be needed in Carlsbad due to existing unmet
demand. Based on hotel data for the years 2012 to 2017, there is a high level of consistent room night
demand and unmet seasonal demand, which results in the loss of overnight visitors to non-Carlsbad
hotel markets (i.e., the demand for hotel rooms exceeds the supply of hotel rooms in Carlsbad,
particularly in the high tourist season). Also, from 2012 to 2017, hotel demand increase in Carlsbad was
consistent with the increase in supply over that five-year period, which indicates unmet hotel demand in
the market.
Hotel occupancy in Carlsbad also indicates a demand for more hotel rooms. From April 2017 to March
2018, occupancy rates in Carlsbad ranged from a monthly average of 65 percent to 90 percent. Eighty to
90 percent average monthly occupancy levels occurred in April, June, July, and August 2017, and March
2018; these 80- to 90-percent occupancy levels suggest that there is a significant opportunity for new
hotels to accommodate unmet hotel demand during those high demand months.
To accommodate the existing and future demand for more hotel rooms, the city should identify and
designate land where new hotels and other visitor-serving uses can be developed. The actual number of
additional rooms that are ultimately built in the city will depend on future market conditions and the
amount of land designated for hotel uses.
LCPA 15-07 LOCAL COASTAL PROGRAM UPDATE
Recommended Revisions to Draft Local Coastal Program Land Use Plan
Jan. 13, 2021
EXHIBIT 1D – Page 7
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 3 – RECREATION AND VISITOR-SERVING USES, CONT.
P
Revise draft policy LCP-3-P.12, as follows:
LCP-3-P.12 Work with the California Department of Parks and Recreation to enhance public
access and recreation, public access, visitor-commercial services, and activity in
along the Carlsbad Boulevard coastal corridor. Principal objectives should be to
create additional recreational opportunities, public waterfront amenities and
services (e.g., restrooms and showers), including as well as modernization and
expansion of the campgrounds to serve as lower-cost visitor and recreational
facilities; improve coastal access for all; conserve coastal resources; and enhance
public safety, including addressing threats to the campground from bluff erosion
and sea level rise (see Chapter 7 for policies regarding seal level rise hazards).
P
Add the following policy after draft policy LCP-3-P.13:
Consider, as part of the evaluation of realigning the southern lanes of Carlsbad Boulevard
inland, opportunities to create additional recreation areas (e.g., parks and other recreation
facilities and amenities), and for the state campground to expand or retreat inland.
S
Revise draft policy LCP-3-P.14 and delete draft policies LCP-3-P.19, LCP-3-P.20 and LCP-3-P.21, as follows:
LCP-3-P.14 Protect, encourage, and, where feasible, provide for development of new (and retention of
existing) lower-cost visitor overnight accommodations and recreation facilities, such as
through regulatory incentives (e.g., development standards modifications). Consider
amenities that reduce the cost of stay when evaluating the affordability of any new or
redeveloped overnight visitor accommodations; and encourage and support developments
that provide public recreational opportunities within the Coastal Zone [related to Coastal Act
Section 30213].
…
LCP-3-P.19 Encourage development of lower-cost overnight accommodations, such as through
regulatory incentives (e.g., development standards modifications).
LCP-3-P.20 Require new development and redevelopment proposals, which propose to remove, replace,
or remodel existing accommodations, to provide data from Smith Travel Research that
identifies whether the accommodations to be removed, replaced, or remodeled are “lower-
cost” as defined by policy LCP-3-P.18. The data from Smith Travel Research shall be the most
recent available at the time of development application submittal.
LCP-3-P.21 Require new development and redevelopment proposals that propose to remove, replace, or
remodel existing “lower-cost” accommodations to mitigate the loss of any existing “lower-
cost” accommodations with new lower-cost visitor accommodations at a 1:1 ratio and be
subject to the following:
A. Mitigation shall prioritize providing for lower-cost overnight accommodations on-site,
where possible.
B. If providing lower-cost overnight accommodations on-site is not feasible, according to a
feasibility analysis submitted by the applicant and accepted by the city, then 1:1
replacement off-site within the Carlsbad Coastal Zone shall be required. These off-site
overnight accommodations shall be completed and ready for use prior to occupancy of
the new development.
LCPA 15-07 LOCAL COASTAL PROGRAM UPDATE
Recommended Revisions to Draft Local Coastal Program Land Use Plan
Jan. 13, 2021
EXHIBIT 1D – Page 8
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 3 – RECREATION AND VISITOR-SERVING USES, CONT.
P
Revise draft policy LCP-3-P.17, as follows:
LCP-3-P.17 Prohibit newOn land designated Visitor Commercial (VC) on the Local Coastal
Program land use map, timeshares or other limited-use overnight
accommodations, such as timeshares, shall be subject to the following: on land
designated as Visitor Commercial (VC) on the Local Coastal Program land use
map.
A. At least twenty-five (25%) percent of the units within any given facility shall
be made available each day for transient overnight accommodations during
the summer season (beginning the day before the Memorial Day weekend
and ending the day after Labor Day).
B. The timeshare facility shall operate in the same manner as a hotel,
including requirements for a centralized reservations system, check-in
services, advertising, security, and daily housecleaning.
C. No person shall occupy any unit or units within a given facility for more
than sixty (60) days per calendar year and no more than thirty (30) days
during the summer season (beginning the day before the Memorial Day
weekend and ending the day after Labor Day).
P
Revise draft Figure 4-4 to show the correct location of the future bike path along southbound Carlsbad
Boulevard, as follows:
LCPA 15-07 LOCAL COASTAL PROGRAM UPDATE
Recommended Revisions to Draft Local Coastal Program Land Use Plan
Jan. 13, 2021
EXHIBIT 1D – Page 9
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 4 – COASTAL ACCESS, CONT.
P
Add the following to the end of draft Section 4.4 (end of page 4-30 of draft Local Coastal Program
Land Use Plan):
Reduce Parking Demand
In addition to providing off-street and on-street public parking spaces, implementing
methods to reduce parking demand will assist in providing public access to the coast. One
method to reduce parking demand is transportation demand management (TDM). TDM
consists of strategies to reduce the demand for the single-occupant vehicle. Common TDM
strategies include carpool programs, car-sharing and bike-sharing programs, flexible work
hours, telecommute provisions, shuttle services to nearby transit stations, installation of
bicycle facilities (lockers, racks, lanes, showers at employment areas, etc.), or other
measures that would reduce the demand to drive; thereby, reducing the demand for
parking.
P
Revise policy 4-P.26, as follows:
LCP-4-P.26 Ensure that the design, location, construction, and operation of trails and
bikeways avoids or minimizes adverse impacts to coastal resources, including
sensitive habitats and species, and agriculture. For example, the design and
operation of the future trails on the north side of Cannon Road, south of
Agua Hedionda Lagoon (as shown on Figure 4-2), shall avoid or minimize
impacts to the existing agriculture on the property.
S
Revise draft policy 4-P.37, as follows
LCP-P.37 Identify opportunities to provide additional public parking near beach areas.
P
Add the following policies (to follow draft policy LCP-4-P.40):
Support transportation demand management (TDM) strategies to reduce parking demand
related to single-occupancy vehicle trips and to promote walking, biking, transit use,
carpooling, etc.
Apply the Village and Barrio Master Plan for additional policies and provisions related to
parking management strategies in the master plan area.
LCPA 15-07 LOCAL COASTAL PROGRAM UPDATE
Recommended Revisions to Draft Local Coastal Program Land Use Plan
Jan. 13, 2021
EXHIBIT 1D – Page 10
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 5 – AGRICULTURAL, CULTURAL AND SCENIC RESOURCES
P
Revise the second paragraph of the description of “Coastal Act Section 30171.5 – Statutory Program”
on page 5-7 of draft Local Coastal Program Land Use Plan, as follows:
The statutory program requires payment of a fee to mitigate the conversion of agricultural lands
and specifies that the fee can be used only for restoration of Batiquitos Lagoon, an interpretive
center at Buena Vista Lagoon, access to public beaches, and other projects that enhance the use
of natural resources, including open field cultivated floriculture (refer to Section 5.1 for the full
text of Coastal Act Section 30171.5).
PC
Add the follow paragraph at the end of page 5-26:
While not listed as Historic Resources, there are many cultural resources that add to the charm and
character of the Village and Barrio area, some of those include: Twin Inns, the structures in McGee
Park, the Pizza Port building, the Army Navy Academy, and the bungalows throughout the area, just to
name a few.
P
Revise policies LCP-5-P.2 and 5-P.3, as follows:
LCP-5-P.2 Recognize the important value of agriculture and Ssupport the continuation of
existing agriculture by minimizing conflicts with urban uses; such as by requiring
new adjacent development to utilize buffers, vegetation, and other site design
features that minimize impacts on the agricultural use; and by requiring farm
operators to utilize methods to prevent dust and pesticide impacts on adjacent
uses [related to Coastal Act Section 30241].
LCP-5-P.3 Support and encourage the continuation of agriculture within the Cannon Road Open
Space, Farming and Public Use Corridor, and other areas by utilizing methods and
resources to reduce the financial burdens on agricultural land, not only to prevent
premature development but also to encourage its continued use for agricultural
purposes. For example, consider construction of public facility improvements, such as
drainage improvements, which are designed to support the continuation of
agriculture.
P
Revise policy LCP-5-P.17, as follows:
LCP-5-P.17 Ensure that the determination of the significance of cultural or tribal cultural
resources, and the development and implementation of any appropriate treatment
measures and procedures, is conducted by a qualified archaeologist and, in the case
of tribal cultural resources, in consultation with interestedculturally- and
geographically-affiliated California Native American Tribes. All Native American
human remains and associated grave goods shall be returned to their most likely
descendent and repatriated. The final disposition of tribal cultural resources not
directly associated with Native American graves shall be negotiated during
consultation with interested Tribes in accordance with the California Environmental
Quality Act, Public Resources Code Section 21084.3, and any other applicable laws
and regulations.
LCPA 15-07 LOCAL COASTAL PROGRAM UPDATE
Recommended Revisions to Draft Local Coastal Program Land Use Plan
Jan. 13, 2021
EXHIBIT 1D – Page 11
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 5 – AGRICULTURAL, CULTURAL AND SCENIC RESOURCES
P
Revise policy LCP-5-P.24, as follows:
LCP-5-P.24 Ensure that new development and redevelopment preserves, where possible,
existing, mature, healthy vegetation that provides significant scenic value, such
as oak trees and eucalyptus stands.
S
Add the following policy (to follow policy LCP-5-P.25):
All new utility systems shall be placed underground as feasible and commonly practiced.
P
Revise policy LCP-5-P.28, as follows:
LCP-5-P.28 Require that retaining walls visible to the public not exceed six feet in height
and incorporate veneers, texturing, and/or colors that blend with the
surrounding earth materials or landscape. Stepped or terraced retaining walls
up to an aggregate 12 feet in height, with at least a 3-foot-wide area for
planting in between, may be permitted. Where feasible, long continuous walls
shall be broken into sections or shall include undulations to provide visual relief.
P
Revise policy LCP-5-P.32.D, as follows:
LCP-5-P.32 …
…
D. Area 6 on Figure 5-3:
iv. Development on the property shall provide public access to views of
Batiquitos Lagoon; such as by providing a dedicated public gathering/viewing
area that offers views of the lagoon and Pacific Ocean, in addition to the
adjacent nearby existing or planned future public scenic viewing areas shown
on Figure 5-3.
LCPA 15-07 LOCAL COASTAL PROGRAM UPDATE
Recommended Revisions to Draft Local Coastal Program Land Use Plan
Jan. 13, 2021
EXHIBIT 1D – Page 12
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 6 – ENVIRONMENTALLY SENSITIVE HABITAT AREAS
AND WATER QUALITY
P
Add the following at the end of Section 6.2 on page 6-14 of draft Local Coastal Program Land Use Plan:
Impacts of Beach Grooming on Beach Ecosystem
“Beach wrack” is an important part of the marine ecosystem. “Beach wrack” refers to the
mounds of seaweed and other loose organic material that is brought ashore and
accumulates by the natural processes of tides and waves. While these mounds may
appear to beach visitors as unsightly debris, wrack is an important nutrient source for the
beach ecosystem, in that it provides micro-habitat for a variety of organisms, supports the
prey of many marine and terrestrial invertebrates and shorebirds, and contributes to the
establishment of coastal strand and incipient dune habitat. Regular grooming of sandy
beaches can destroy the wrack and degrade the near shore habitat. Research has shown
that groomed beaches have lower invertebrate species richness, abundance and biomass
and supports fewer birds in absolute numbers and species diversity.
Beach grooming can negatively impact sensitive shorebird species, such as the western
snowy plover and the California least tern, that forage and nest on the open beach. The
western snowy plover establishes nests just above the wrack line in the upper beach and
coastal strand zone. These nests are very exposed and vulnerable to disturbance and
predation. The California least tern breeds on exposed tidal flats, beaches and bays of the
Pacific Ocean and is vulnerable to predators, natural disasters and human disturbance.
Beach grooming not only removes potential plover and tern nest material, but can also
flatten the subtle topographic depressions that these birds use to nest in.
Beach grooming can also negatively impact California grunion, which are a species of fish
with a very unique mating ritual. Grunion come ashore in the spring and summer to
reproduce during particularly high night-time tides. Female grunion dig their tails into the
sand and lay their eggs. For the next ten days or so grunion eggs remain buried in the sand
until the next high tide when the eggs hatch and young grunion are washed out to sea. If
beach grooming occurs while grunion eggs are buried, all the eggs may be destroyed.
PC
On Page 6-15, revise the first paragraph of the “Surface Water Quality” section, as follows:
Surface Water Quality
Impacts to the Carlsbad hydrologic unit include surface water quality degradation, sewage spills,
sedimentation, habitat degradation and loss, invasive species, and eutrophication (i.e., excessive
nutrients in a body of water, usually resulting from runoff from land, which causes a dense growth of
plant life and death of animal life from lack of oxygen). Pollutant conditions in the Carlsbad hydrologic
unit include bacterial indicators, eutrophic conditions, nutrients, sediments, sulfates, nitrates, and
phosphates. The sources of these pollutants are varied and include urban runoff, agricultural runoff,
sewage spills, livestock/domestic animals, and other natural sources. Key water quality issues in the
city’s principal surface water bodies are described below. The water quality issues described below are
addressed through regional programs that focus on improving existing water quality conditions.
LCPA 15-07 LOCAL COASTAL PROGRAM UPDATE
Recommended Revisions to Draft Local Coastal Program Land Use Plan
Jan. 13, 2021
EXHIBIT 1D – Page 13
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 6 – ENVIRONMENTALLY SENSITIVE HABITAT AREAS
AND WATER QUALITY
P
Revise the first paragraph of the description of Buena Vista Lagoon starting on page 6-15 of draft Local
Coastal Program Land Use Plan, as follows:
Buena Vista Lagoon is a 220-acre freshwater lagoon managed as an ecological reserve by the
California Department of Fish and Wildlife. The principal water quality issues in the watershed
relate to tThe lagoon, which is identified on the 2012 California 2014-2016 Clean Water Act
(CWA) Section 303(d) lList of Impaired Waters for as impaired due to the presence of pollutants
(nutrients, indicator bacteria, sediment toxicity, and sedimentation/siltation). Waters on the
Section 303(d) list are those that do not meet water quality standards and parameters for
pollutants. Buena Vista Creek, which feeds into the lagoon, is also listed as impaired for
sediment toxicity, benthic community effects, bifenthrin, and selenium. The City of Vista has
installed a series of check dams and a detention basin to assist in the removal of sediments
traveling through Buena Vista Creek.
P
Revise the last paragraph of the description of Buena Vista Lagoon on page 6-16 of draft Local Coastal
Program Land Use Plan, as follows:
In July 2012, the San Diego Association of Governments (SANDAG) began an environmental
review process for the Buena Vista Lagoon Enhancement Project, which includeds evaluation of
three enhancement alternatives (freshwater, saltwater, and a saltwater/freshwater hybrid
regime) and a no project alternative. In July 2019On May 22, 2020, SANDAG, adopted a
resolution to accept the saltwater alternative, which will allow the Buena Vista Lagoon to
connect directly with ocean waters to flush out sediments. property owners and other
stakeholders agreed to pursue a modified hybrid saltwater enhancement option.
P
Revise the first paragraph of the description of Agua Hedionda Lagoon on page 6-16 of draft Local
Coastal Program Land Use Plan, as follows:
Agua Hedionda Lagoon encompasses three interconnected lagoons, divided by Interstate 5 and
a railroad bridge. The Agua Hedionda Ecological Reserve was acquired in 2000 by the California
Department of Fish and Wildlife and consists of 186 acres of wetland at the eastern end of the
lagoon. Although Agua Hedionda Lagoon is not listed as impaired on the California 2014-2016
CWA Section 303(d) List of Impaired Waters for toxicity., Sources are listed as unknown. Agua
Hedionda Creek, which feeds into the lagoon, is listed as impaired on the 2012 California 2014-
2016 Clean Water ActCWA Section 303(d) List of Impaired Waters list as impaired for benthic
community effects, indicator bacteria, enterococcus, fecal coliform,malathion manganese,
bifenthrin, chlorpyrifos, cypermethrin, phosphorus, selenium, total dissolved solids, total
nitrogen as N, and toxicity.
LCPA 15-07 LOCAL COASTAL PROGRAM UPDATE
Recommended Revisions to Draft Local Coastal Program Land Use Plan
Jan. 13, 2021
EXHIBIT 1D – Page 14
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 6 – ENVIRONMENTALLY SENSITIVE HABITAT AREAS
AND WATER QUALITY, CONT.
P
Revise the second paragraph of the description of Batiquitos Lagoon on page 6-17 of draft Local Coastal
Program Land Use Plan, as follows:
Although Batiquitos Lagoon is not listed as impaired on the California 2014-2016 CWA
Section 303(d) List of Impaired Waters for toxicity. Sources are listed as unknown.
Additionally, two of the creeks that feed into Batiquitos Lagoon are listed as impaired on
the 2012 California Clean Water ActCWA Section 303(d) List of Impaired Waters list as
impaired—Encinitas Creek is impaired for benthic community effects, phosphorus,
selenium, and toxicity, and San Marcos Creek is impaired for DDE
(dichlorodiphenyldichloroethylene), phosphorus, sediment toxicity, benthic community
effects, indicator bacteria (enterococcus and fecal coliform), and selenium.
PC
Add “Environmentally Sensitive Habitat Area (ESHA)” policy:
Ensure large scale beach maintenance activities avoid adverse impacts to the beach ecosystem,
including beach wrack and near shore habitat during the spring/summer nesting season (April-
August). Organized beach grooming should be avoided to the extent feasible, but would be allowed
to decrease impacts of flying insect populations and large beach displacement areas on
beachgoers. Alternative beach maintenance activities, such as manual beach cleaning, should be
restricted when sensitive species are present on the beach (e.g., grunion, western snowy plover
and least tern); when sensitive species are present, limit beach maintenance to areas located more
than 10 feet landward of the beach wrack habitat line or mean high tide line, whichever is farthest
landward.
P
Add the following “Marine and Coastal Water Quality” policy, as follows:
Support the Buena Vista Lagoon Enhancement Project and enter into a project agreement with
San Diego Association of Governments (SANDAG), the City of Oceanside, the California
Department of Fish and Wildlife, and other affected property owners.
LCPA 15-07 LOCAL COASTAL PROGRAM UPDATE
Recommended Revisions to Draft Local Coastal Program Land Use Plan
Jan. 13, 2021
EXHIBIT 1D – Page 15
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 7 – COASTAL HAZARDS
P
Revise Figure 7-2 to reflect the dam inundation hazard area that impacts Batiquitos Lagoon, as follows:
P
Revise draft policy LCP-7-P.8, as follows:
LCP-7-P.8 Require a site-specific sea level rise hazard report(s) for all development that
requires a coastal development permit and is proposed on property that is 1)
wholly or partially in a sea level rise hazard zone (as shown on the sea level rise
hazard maps for year 2100 – see Appendix B), or 2) an oceanfront parcel outside
the boundary of a sea level rise hazard zone. The report shall be prepared
pursuant to the requirements specified in the zoning ordinance and shall:
A. Be based on the best available sea level rise science and state guidance
applicable at the time of the report.
B. Demonstrate that the development will not create new, or increase the degree
of, sea level rise hazards to the property, and to the extent feasible, will avoid
or minimize impacts from sea level rise hazards (inundation, bluff erosion,
flood) for the anticipated duration of the development per Policy LCP-7-P.9.
C. For sites with existing shoreline protective devices, the analysis shall assume
that the protective device does not exist, such that the site would erode in a
manner similar to unarmored sites in the same vicinity with similar geologic
attributes. (This subsection does not apply to existing shoreline protective
devices that are part of a development that includes an existing lagoon
marina/boat dock).
D. Demonstrate that the development will not encroach on public trust lands or a
wetland boundary or required buffer during the anticipated duration of the
development per Policy LCP-7-P.9.
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LCPA 15-07 LOCAL COASTAL PROGRAM UPDATE
Recommended Revisions to Draft Local Coastal Program Land Use Plan
Jan. 13, 2021
EXHIBIT 1D – Page 16
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 7 – COASTAL HAZARDS, CONT.
S
Revise draft policy LCP-7-P.9, as follows:
LCP-7-P.9 Interpret the anticipated duration of development in the coastal zone, as shown in
Table 7-12 of this chapter, as a guideline for sea level rise planning purposes, not as
an entitlement to maintain development in hazardous areas. The duration of any
development shall be limited by site conditions, which may result in a shorter
duration of development than shown in Table 7-12.
P
Revise draft policy LCP-7-P.13, as follows:
LCP-7-P.13 Allow a minimum economic use and/or development of a property, as
necessary to avoid an unconstitutional taking of private property without just
compensation, where full adherence with all Local Coastal Program policies,
including sea level rise policies and other hazard avoidance measures, would
preclude a reasonable economic use of the property. Continued use of an
existing structure, including with any permissible repair and maintenance
(which may be exempt from permitting requirements), may provide a
reasonable economic use. If development is allowed pursuant to this policy, it
must be consistent with all Local Coastal Program policies to the maximum
extent feasible.
P
Revise draft policy LCP-7-P.16, as follows:
LCP-7-P.16 Prohibit improvements (including those that do not meet the threshold of
redevelopment) to an existing structure that meets all of the following (note:
improvements may be permitted subject to policies LCP-7-P.12 and LCP-7-P.13):
which is legally non-conforming due to a sea level rise hazard policy or standard
when the improvements increase the degree of non-conformity by increasing the
hazardous condition, such as by developing seaward or in a location that conflicts
with the policies of this chapter, or by extending the duration that the non-
conforming structure will remain non-conforming.
A. The existing structure is located in a sea level rise hazard zone; and
B. The existing structure would not be permitted to be constructed today based on
sea level rise hazard policies; and
C. The proposed improvements would increase the degree of sea level rise hazard to
the property, such as by developing seaward or in a new location that conflicts
with the policies of this chapter.
LCPA 15-07 LOCAL COASTAL PROGRAM UPDATE
Recommended Revisions to Draft Local Coastal Program Land Use Plan
Jan. 13, 2021
EXHIBIT 1D – Page 17
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 7 – COASTAL HAZARDS, CONT.
P
Revise draft policy LCP-7-P.21, as follows:
LCP-7-P.21 Prohibit the use of shoreline protective devices to protect new development,
including redevelopment. If new development, including redevelopment, is
protected by an existing legally authorized shoreline protective device, the new
development/redevelopment shall be sited and designed in a manner that does
not require or rely on the use of a shoreline protective device to ensure
geologic stability. Require, as a condition of approval of a coastal development
permit, that new development, including redevelopment, record a notice of
restriction waiving the right, per Coastal Act Section 30235, to construct
shoreline protective devices in the future. The condition shall be recorded as
part of a notice of restriction per Policy LCP-7-P.17. This policy does not apply
to existing shoreline protective devices that are part of a development that
includes a lagoon marina/boat dock.
P
Revise draft policy LCP-7-P.22, as follows:
LCP-7-P.22 Require, when permitting new development or redevelopment, removal of
existing shoreline protective devices that are under the control of the property
owner, only if (note: this policy does not apply to existing shoreline protective
devices that are part of a development that includes a lagoon marina/boat
dock):
A. It is feasible to remove the device and restore affected areas; and
B. The device is causing adverse impacts to coastal or public trust resources,
or will cause impacts over the anticipated duration of the
development/redevelopment due to sea level rise during that time; and
C. The device is no longer necessary to protect the remaining existing
principal structure on the property or adjacent properties that are entitled
to retain shoreline armoring.
S
Revise draft policy LCP-7-P.28, as follows:
LCP-7-P.28 Develop and implement a sea level rise hazard – shoreline development standards,
as part of the Zoning Ordinance, for areas that are vulnerable to sea level rise
hazards. The development standards shall minimize risks to life and property
associated with sea level rise and ensure protection of the migrating shoreline.
P
Revise draft policy LCP-7-P.29, as follows:
LCP-7-P.29 Seek funding opportunities to dDevelop a sea level rise adaptation plan(s) that
identifies how development, resources, and other vulnerable assets can adapt
to the impacts of sea level rise. The adaptation plan should provide a
framework to manage risks and take actions based on sea level rise
monitoring and specific scenarios related to sea level rise impacts. Elements
of an adaptation plan include, but are not limited to:, including, but not
limited to, the following:
…
LCPA 15-07 LOCAL COASTAL PROGRAM UPDATE
Recommended Revisions to Draft Local Coastal Program Land Use Plan
Jan. 13, 2021
EXHIBIT 1D – Page 18
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 7 – COASTAL HAZARDS, CONT.
Revise draft policy LCP-7-P.39, as follows:
LCP-7-P.39 Comply with the Federal Emergency Management Agency (FEMA)
requirements to identify and regulate flood hazard areas. Cooperate with
FEMA on shoreline flooding hazards and other mapping efforts, including
efforts to reflect sea level rise flooding projections.
RECOMMENDED REVISIONS: DRAFT CHAPTER 8 – GLOSSARY
Add the following definitions:
Existing Structure: a structure that existed prior to Coastal Commission certification of this Local
Coastal Program Land Use Plan ([insert date after certification]). This definition is applicable only in
the context of policy LCP-7-P.20; otherwise, common use of the term “existing” shall apply.
Limited Use Overnight Visitor Accommodations: Any hotel, motel, or other similar facility that
provides overnight visitor accommodations where a purchaser receives the right in perpetuity, for life,
or a term of years, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, room(s), or
segment of the facility, annually or on some other periodic basis, for a period of time that has been or
will be allotted from the use or occupancy periods into which the facility has been divided; such
facilities include, but are not limited to, timeshare, condominium hotel, fractional ownership hotel, or
uses of a similar nature.
Timeshare: See “Limited Use Overnight Visitor Accommodations.”