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HomeMy WebLinkAbout2021-10-19; City Council; ; Adoption of Ordinance No. CS-406 – Local Coastal ProgramMeeting Date: Oct. 19, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Faviola Medina, City Clerk Services Manager faviola.medina@carlsbadca.gov, 760-434-5989 Subject: Adoption of Ordinance No. CS-406 – Local Coastal Program Update Districts: All Recommended Action Adopt Ordinance No. CS-406 adopting a Local Coastal Program Amendment consisting of a zone change and amendments to the Poinsettia Shores Master Plan and Village and Barrio Master Plan for consistency with the Local Coastal Program Land Use Plan Update. Executive Summary/Discussion Ordinance No. CS-406 was introduced and first read at the City Council meeting held on Oct. 12, 2021. On a motion by Mayor Pro Tem Blackburn, seconded by Council Member Norby, the City Council voted 3-2, with Council Members Bhat-Patel and Acosta voting no, to introduce Ordinance No. CS-406. The second reading allows the City Council to adopt the ordinance, which will become effective 30 days after its adoption. This ordinance will become effective within the Coastal Zone thirty days after its adoption or upon Coastal Commission approval, whichever occurs later. Fiscal Analysis There is no fiscal impact for this item. Next Steps The City Clerk 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. After adoption of the resolution and ordinance, staff will submit the Local Coastal Program update to the California Coastal Commission for review and approval. It is anticipated that the commission’s staff will identify areas of concerns with the program’s Land Use Plan, not limited to just the comments they provided during the drafting of the plan. City staff will work with Coastal Commission staff to resolve any areas of concern before the Local Coastal Program is presented to the Coastal Commission at a public hearing. Any revisions to the city’s Local Coastal Program that the Coastal Commission approves during its public hearing process will be brought back to the City Council as suggested modifications. The City Council will be able to approve or reject the suggested modifications; however, they would need to be approved by the City Council before the Local Coastal Program is certified by the Coastal Commission and effective for use in the city. CA Review CKM Oct. 19, 2021 Item #5 Page 1 of 24 Environmental Evaluation The draft Local Coastal Program Land Use Plan, land use and zoning maps, Poinsettia Shores Master Plan and Village and Barrio Master Plan constitute, in part, the Carlsbad Local Coastal Program. In keeping with the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.) and its implementing regulations in Title 14 of the California Code of Regulations Section 15000 et seq. (CEQA Guidelines), the proposed project is statutorily exempt because CEQA does not apply to activities and approvals by a local government as necessary for the preparation and adoption of a local coastal program pursuant to the California Coastal Act of 1976 (California Public Resources Code Section 30000 et seq.). As provided by California Public Resources Code Section 21080.9 and CEQA Guidelines Section 15265, the burden of CEQA compliance for local coastal programs is shifted from the city to the California Coastal Commission. Any Coastal Commission action to certify the draft Local Coastal Program Land Use Plan would meet the requirements of CEQA in accordance with CEQA Guidelines Section 15251(f). Public Notification This item was noticed in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1.Ordinance No. CS-406 Oct. 19, 2021 Item #5 Page 2 of 24 ORDINANCE NO. CS-406. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A LOCAL COASTAL PROGRAM AMENDMENT CONSISTING OF A ZONE CHANGE AND AMENDMENTS TO THE POINSETTIA SHORES MASTER PLAN AND 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/AMEND2020-0016 (DEV15061)/ AMEND 2020-0014 (DEV08014) WHEREAS, the Carlsbad Zoning Map, Poinsettia Shores Master Plan and Village and Barrio Master Plan are part of the Local Coastal Program Implementing Ordinance, and therefore, amendments to the Zoning Map, Poinsettia Shores Master Plan 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 amendments to the Poinsettia Shores Master Plan and Village and Barrio Master Plan (LCPA 15-07/ZC 2020-0002/AMEND 2020-0016/AMEND 2020-0014); and WHEREAS, the proposed Zone Change and amendments to the Poinsettia Shores Master Plan and Village and Barrio Master Plan (LCPA 15-07/ZC 2020-0002/AMEND 2020-0016/AMEND 2020-0014) are necessary to ensure consistency with the associated Local Coastal Program Land Use Plan Update (Exhibit 7 of the City Council Staff Report dated Sept. 28, 2021); and WHEREAS, pursuant to California Coastal Commission Regulations, a six-week public review period for the Local Coastal Program amendment occurred from October 18, 2019 to November 29, 2019; and WHEREAS, on December 2, 2020, January 6, 2021 and January 13, 2021, the Planning Commission held a duly noticed public hearing as prescribed by law to consider LCPA 15-07/ZC 2020- 0002/AMEND 2020-0016/AMEND 2020-0014; and WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7389 Exhibit 1 Oct. 19, 2021 Item #5 Page 3 of 24 recommending that the City Council approve LCPA 15-07/ZC 2020-0002/AMEND 2020-0016/AMEND 2020-0014; and WHEREAS, the City Council did on the 12th day of October 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 City Council considered all factors, including written public comments, if any, related to LCPA 15-07/ZC 2020-0002/AMEND 2020-0016/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 “ATTACHMENT A LCPA 15-07/ZC 2020-0002" dated Sept. 28, 2021, attached hereto. 4.Poinsettia Shores Master Plan is amended as shown on “ATTACHMENT B LCPA 15-07/ AMEND 2020-0016” dated Sept. 28, 2021, attached hereto. 5.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. 6.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 Oct. 19, 2021 Item #5 Page 4 of 24 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 Oct. 19, 2021 Item #5 Page 5 of 24 EXISTING Local Coastal Program Zoning PU – Public Utility PROPOSED Local Coastal Program Zoning CT – Commercial Tourist; OS – Open Space SEPT. 28, 2021 CHANGES TO ZONING MAP LOCAL COASTAL PROGRAM UPDATE – LCPA 15-07/ZC 2020-0002 Attachment AOct. 19, 2021 Item #5 Page 7 of 24 LCPA 15-07/AMEND 2020-0016 – LOCAL COASTAL PROGRAM UPDATE SEPT. 28, 2021 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 Master Plan. The private school and research and development uses allowed by the Batiquitos Lagoon Educational Park 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 Batiquitos Lagoon Educational Park 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. Attachment B Oct. 19, 2021 Item #5 Page 8 of 24 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 15, and listed by planning area on the Land Use Summary Table, Exhibit 9, on page 21. 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. Oct. 19, 2021 Item #5 Page 9 of 24 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. Oct. 19, 2021 Item #5 Page 10 of 24 RESIDENTIAL 15-23 DU/AC GENERAL COMMERCIAL VISITOR COMMERCIAL R-23 GC VC VC VC R-23 LAND USE 10. Amend Poinsettia Shores Master Plan Exhibit 6 to read as follows: Exhibit 6 Land Use LAND USE Oct. 19, 2021 Item #5 Page 11 of 24 5 LAND USE A-1 A-2 A-3 A-4 B-1 B-2 C D E F F G H I J K L M RM RM RM RM RM RM RM RM RM R-23 GC VC VC OS RM OS OS OS 9.8 13.5 10.2 14.7 20.9 2.9 11.2 4.4 0.9 7.21 3.83 8.4 3.7 11.9 13.8 18.3 4.6 2.3 11. Amend Poinsettia Shores Master Plan Exhibit 8 to read as follows: Exhibit 8 Planning Areas Oct. 19, 2021 Item #5 Page 12 of 24 CITY COUNCIL ORDINANCE (OPTION 1) EXHIBIT B LCPA 15-07/AMEND 2020-0016 – LOCAL COASTAL PROGRAM UPDATE – AUG. 24, 2021 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 6 Oct. 19, 2021 Item #5 Page 13 of 24 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. Oct. 19, 2021 Item #5 Page 14 of 24 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. Oct. 19, 2021 Item #5 Page 15 of 24 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. Oct. 19, 2021 Item #5 Page 16 of 24 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. Oct. 19, 2021 Item #5 Page 17 of 24 F – EAST F - WEST 16. Replace Poinsettia Shores Master Plan Exhibit 43 with the following: Oct. 19, 2021 Item #5 Page 18 of 24 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. Oct. 19, 2021 Item #5 Page 19 of 24 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. Oct. 19, 2021 Item #5 Page 20 of 24 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 9, 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. Oct. 19, 2021 Item #5 Page 21 of 24 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. Oct. 19, 2021 Item #5 Page 22 of 24 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. Oct. 19, 2021 Item #5 Page 23 of 24 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 9, 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. Oct. 19, 2021 Item #5 Page 24 of 24