HomeMy WebLinkAbout2022-03-02; Planning Commission; ; ZCA 2022-0001/LCPA 2022-0013 – HOUSING ELEMENT PROGRAMS – BUILDING AND ZONING ORDINANCE UPDATE
Item No.
Application complete date: N/A
P.C. AGENDA OF: March 2, 2022 Project Planner: Eric Lardy
Project Engineer: N/A
SUBJECT: ZCA 2022-0001/LCPA 2022-0013 – HOUSING ELEMENT PROGRAMS – BUILDING AND
ZONING ORDINANCE UPDATE - Request for recommendation of approval for
amendments to the Carlsbad Municipal Code Title 21, The Zoning Ordinance, to
implement three program objectives outlined in the city’s Housing Element adopted on
April 6, 2021. The three objectives include amendments to; clarify authority for site
development plans approved by the Planning Commission for affordable housing, update
definitions of what can be considered mixed use in commercially designated properties,
and amendments to the building code allowing self-certification of some permit types.
The action also includes a Local Coastal Program Amendment for the updates to the
Zoning Code. Amendments to Title 18, the Building Code are also presented for
informational purposes. The proposal consists of changes to chapters 18.04 and 18.20 of
the Building Code; as well as chapters 21.26.015, 21.28.015, 21.38.015 and 21.53.120 of
the Zoning Ordinance.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7441 RECOMMENDING
APPROVAL of Zoning Code Amendment ZCA 2022-0001 and Local Coastal Program Amendment LCPA
2022-0013, based on the findings and subject to the conditions contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
Background:
The Carlsbad Municipal Code (Code) provides for all the regulatory, penal, and administrative ordinances
of the City of Carlsbad, California. In this document, Titles 15 through 21 provide for the consolidated
regulations pertaining to the use, development and/or modification of land within the city. Title 21
contains the adopted city’s Zoning Ordinance and Title 18 contains the city’s Building Code.
Earlier this year, the Planning Division initiated a new, reoccurring work program to annually review the
city’s code and regulations to see if anything needs to be updated to reflect state-mandated changes,
correct errors, resolve ambiguities or inconsistencies, conform to the City’s Communications Plan
(requiring use of AP Style). Those issues that have been identified are being addressed as part of a Carlsbad
Municipal Code and Zoning Ordinance clean-up effort to occur every other year. Zoning Ordinance
Amendments are prepared as ordinances and require Planning Commission recommendation and City
Council adoption.
On April 6, 2021 the City Council approved an update to the city’s Housing Element for the sixth cycle to
cover the period from 2021 to 2029. Subsequently, on July 13, 2021 the California Department of Housing
2
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and Community Development certified that it is in substantial compliance with State Housing Element
Law. In advance of the first clean-up project, expected to be completed in Fall 2022; there are three
housing element programs that are required to be completed earlier to ensure continued compliance with
the housing element programs.
This amendment also proposes changes to the Building Code (Title 18). Typically, the Planning Commission
will not review proposed amendments to the Municipal Code unless they are for the Zoning Code (Title
21) because the amendments are not within their purview. Municipal Code amendments are often
presented directly to the City Council. However, due to its relationship and timeline with the other
amendments, it is included in this report for information purposes only.
Exhibits 2 and 3 to the staff report provide a strikethrough and underlined version of all of the proposed
Municipal and Zoning Ordinance changes. Attachments to the draft Planning Commission Resolution
provides a “clean” copy of the changes and reflects what they will look like if adopted by City Council.
Project Description:
The Housing Element1 includes Goals, Policies, Programs and Objectives. Goals are articulated as “end
condition statements”. They are implemented by Policies, statements on the position the city takes to
implement the goal. Finally, the Programs and Objectives outline the specific actions the city will take to
ensure implementation of the Polices. The Housing Element includes a number of programs to be
implemented through the eight-year housing cycle. The three objectives that are implemented and
included in the Zoning Code Amendment and Local Coastal Program Amendment as part of this project
are:
A. Section 1 – Zoning Ordinance Amendment and Local Coastal Program Updates (Exhibit 2) –
Chapters 21.26.015, 21.28.015, 21.38.015 and 21.53.120 of the Zoning Ordinance (Title 21). Two
Housing Element Program Objectives are implemented by updates to the Zoning Ordinances, one
to update the authority of the Planning Commission for Site Development Plans, and three
amendments to the definitions of what is allowed for mixed use to commercially designated
properties. For consistency they additionally require a Local Coastal Program Update. They are:
a. Program 1.6 Development Streamlining: Objective G
This objective requires the city to “Evaluate and recommend changes to guidance for Site
Development Plans to the Planning Commission and City Council related to all housing
projects and remove requirements that could reduce allowed density and uncertainty.
Amend requirements for affordable housing requirements accordingly.”
The requirements and authorization for Site Development Plans are included in Chapter
21.53.120 outlining the review authority of the Planning Commission for affordable
housing permits. Over the past several years, many bills have been passed that modify
authority of local governments to impose “subjective” standards. Government Code
1 Housing Element, April 6, 2021: https://www.carlsbadca.gov/home/showpublisheddocument/7213/637629115272470000
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65913.4 and 66300 (a) (7) establish the definition of Objective Design for Senate Bill 35
and Senate Bill 330 applications, which include affordable housing requirements.
Objective Design requirements are defined by these codes as requirements that “involve
no personal or subjective judgment by a public official and are uniformly verifiable by
reference to an external and uniform benchmark or criterion available and knowable by
both the development applicant or proponent and the public official before submittal.”
Further, subjective standards could not be added during the hearing process that are not
published ahead of time or could reduce residential density of affordable housing
projects.
The recommended action replaces the provisions in Chapter 21.53.120 with statements
consistent with California Government Code for these types of projects and are required
to comply with both state law and Housing Element Program 1.6 (g).
b. Program 1.8 Mixed Use: Objective C
The city’s Land Use & Community Design Element2 of the General Plan contains tables and
descriptions regarding allowing “mixed use” residential in commercial zones as a
“secondary use at a minimum density of 15 dwelling units per acre (page 2-18). The
standards for the applicable zones of; C-1: Neighborhood Commercial, C-2: General
Commercial, and C-L: Local Shopping Center Zone, each outline the requirements for
having mixed use as a secondary use but does not clearly define the types that are allowed
and limit the mixed use.
Objective C requires that the city, “Update Zoning Ordinance to define and allow both
horizontal and vertical mixed-use projects.” Vertical mixed use can be defined as
residential uses being allowed in the same building as commercial uses, and Horizontal
mixed use can be defined as separate buildings on the same site.
The recommended action is to update the regulations included in the Zoning Ordinance
for C-1 (Chapter 21.26.015), C-2 (21.28.015), and C-L (21.31.065) to incorporate these
definitions and clarify that both are allowed consistent with the Land Use & Community
Design Element as well as the Housing Element of the General Plan. Additionally it is
recommended that the Zoning Ordinance clarify that these uses are allowed as “accessory
uses” which is defined in the Zoning Ordinance as “a building, part of a building or
structure, or use which is subordinate to and the use of which is incidental to that of the
main building, structure or use on the same lot. If an accessory building is attached to the
main building by a common wall such building area is considered a part of the main
building and not an accessory building or structure.” (Chapter 21.04.020) Due to the fact
that Secondary Use is not defined in the Zoning Ordinance, it can be determined that
Accessory Use is the appropriate phrase to use.
2 Land Use & Community Design Element, Sept. 22, 2015 https://www.carlsbadca.gov/home/showpublisheddocument/3420/637434861092000000 .
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B. Section 2 – Building Code and Regulations (Exhibit 3) – Chapters 18.04 and 18.20 of the Building
Code (Title 18)
a. Program 1.6 Development Streamlining: Objective F
This program requires that the city, “Expand "self-certification" building permit
application/inspection options for qualifying projects.” Upon review of the requirements
within the Building Code and Regulations (Title 18), amendments are required to Chapters
18.04 and 18.20 to clarify the application process and eligibility for the self-certification.
The suggested revisions to the Zoning Code are provided in draft Planning Commission Resolution No.
7441 (Exhibit 1). The suggested revisions are also provided in Exhibits “2” – “3” by section number, with
strikeout typeface (i.e. strikeout) illustrating deletions and underline typeface (i.e. underline).
III. ANALYSIS
Implementation of these three housing programs is critical for the continued consistency and provision of
Housing for the city’s General Plan. The amendments to the Zoning Ordinance (Title 21) are intended to
clarify regulations and procedures consistent with California Government Code and the ability to have
mixed use in commercially designated properties consistent with the Land Use & Community Design
Element of the General Plan. The amendments to the Building Code (Title 18) are process related and will
have a qualitative impact on the ability to move additional permits online.
The Planning Commission has the authority under Chapter 21.52 of the Zoning Code to provide
recommendations to the City Council on any amendments to the Zoning Code or local coastal program.
Pursuant to section 21.52.050, the Planning Commission must provide a recommendation based on the
relationship of the proposed amendment to applicable provisions of the Zoning Code, the general plan
and local coastal program, and any applicable master or specific plan.
General Plan Consistency:
The proposed Building Code and Zoning Ordinance amendments would be consistent with the existing
General Plan goals and policies. The Zoning Code effectively implements the General Plan by regulating
the distribution and intensity of land uses in such categories as residential, commercial, and industrial.
Regulations establish standards for minimum lot size; building height and setback limits; fence heights;
parking; and other development parameters within each land use. In the event of an inconsistency
between the Zoning Ordinance and the General Plan, the General Plan shall prevail. To effectively
implement the General Plan, there needs to be regulations that clearly and effectively implement land
use development goals and objectives. The basis of establishing and updating, as necessary, local
standards and guidelines for land use activities ensures land use compatibility is achieved and maintained
over time. This will help the city maintain a land use program with amount, design and arrangement of
varied uses that serve to protect and enhance the character and image of the city (policy 2-G.1 of the Land
Use Element). The proposed modifications are based on existing policies and practices and refined
according to zoning and planning standards.
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Local Coastal Program Consistency:
With the inclusion of LCPA 2022-2013, this project 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. This amendment does not modify the use or intensity of any
designations and only clarifies existing process and definitions.
IV. ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act, (CEQA, Public Resources Code section 21000 et.
seq.), and its implementing regulations (the State CEQA Guidelines), Section 15168 set the criteria for use
of a Program Environmental Impact Report (EIR) for later activities to determine if an additional
environmental document must be prepared. Section 15168 (c) (2) directs a Program EIR to utilize the
specific process referenced in Sections 15162 through 15164 that set the criteria for determining the
appropriate additional environmental documentation, if any, to be completed when there is a previously
adopted Negative Declaration (ND) or a previously certified environmental impact report (EIR) covering
the project for which a subsequent discretionary action is required. As part of its approval of the
Comprehensive General Plan Update on Sept. 22, 2015, the City Council adopted City Council Resolution
2015-242, certifying Environmental Impact Report (EIR) 13-02 and adopting Findings of Fact, a Statement
of Overriding Considerations, and a Mitigation Monitoring and Reporting Program. As described in CEQA
Guidelines Section 15164(a), “the lead agency...shall prepare an addendum to a previously certified EIR if
some changes or additions are necessary but none of the conditions described in Section 15162 calling for
the preparation of a subsequent EIR or negative declaration have occurred.” EIR 13-02 is available as part
of the General Plan Update documents page of the Planning Division at
https://www.carlsbadca.gov/departments/community-development/planning/general-plan/related-
documents/-folder-146.
Subsequently, on April 6, 2021 the City Council approved an update of the city’s Housing Element for the
6th cycle (2021 – 2029) by Resolution 2021-073, which included an Addendum consistent with Section
15164 of the CEQA Guidelines to study impacts of the Goals, Policies, Programs and Objectives contained
in the Housing Element. The addendum and resolution are available at:
https://www.carlsbadca.gov/home/showpublisheddocument/9260/637812040710811657.
The addendum included an evaluation of the Housing Element Goals, Policies, Programs and Objectives
that will be implemented throughout the eight-year housing cycle.
On the basis of the analysis contained in the Notice of Exemption (Exhibit 4), the City Planner has
determined that there are no substantial changes proposed in the project and there are no substantial
changes in the circumstances under which the project will be undertaken that will require major revisions
to the previous EIR due to the involvement of significant new environmental effects or a substantial
increase in the severity of previously identified significant effects. Also, there is no "new information of
substantial importance" as that term is used in CEQA Guidelines Section 15162(a)(3). Therefore, the
previously certified EIR is adequate without modification.
A Notice of Exemption was prepared for the project in accordance with CEQA Guidelines sections 15061
and 15062 (attached to this staff report as Exhibit 4 and incorporated herein by this reference). The Notice
of Exemption demonstrates that the project qualifies for the exemption and will not have a significant
effect on the environment. None of the exceptions to categorical exemptions listed in CEQA Guidelines
section 15300.2 have been triggered.
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The city planner issued a notice of intended decision with respect to the exemption. The notice was
circulated to the public for a 10-day period, which began on Feb. 18, 2022 and ended on March 1, 2022.
As of the publish date of this report, the city did not receive any comment letters on the CEQA findings
and determination. The effective date and order of the city planner CEQA determination will be March 1,
2022. If an appeal is filed, it will be processed according to the procedures outlined in Carlsbad Municipal
Code Chapter 21.54.140. If not, no further CEQA environmental analysis is required and all aspects of
CEQA have been satisfied. If and when the City Council approves ZCA 2022-0001 / LCPA 2022-0013, the
Notice of Exemption (Exhibit 4) will be filed.
ATTACHMENTS:
1. Draft Planning Commission Resolution No. 7441
a. Exhibit A: Draft City Council Ordinance
2. Section 1 – Zoning Ordinance Amendments
3. Section 2 – Building Code Amendments
4. Notice of Exemption
ATTACHMENT 2
Proposed Amendments to Title 21: The Zoning Ordinance
Amend the various Zoning Code sections to read as specified below, signified as replacements, additions,
or revisions to existing text. Revisions to existing text are shown in order by section number, with
strikeout typeface (i.e. strikeout) illustrating deletions and underline typeface (i.e. underline) illustrating
new text. The proposed changes are not intended to impair or interfere with any other existing
provision of law or ordinance.
A clean-copy of the proposed changes will be provided as an attachment to the resolution that is
presented to Planning Commission for review and consideration.
SECTION 21.53 USES GENERALLY
21.53.120 Affordable housing multi-family residential projects—Site development plan required.
A. Site Development Plan Requirement.
1. Notwithstanding anything to the contrary in this code, no building permit or other entitlement
shall be issued for any multi-family residential development having more than four dwelling
units or an affordable housing project of any size unless a site development plan has been
approved for the project. The site development plan shall be processed pursuant to the
provisions of Chapter 21.06 of this title.
2. A site development plan for a multi-family residential project (not affordable) shall not be
required for any project processed pursuant to the provisions of Chapter 21.45 of this title.
B. Development Standards.
1. The development (both for multi-family residential and affordable housing) shall be subject to
the development standards of the zone in which the development is located and/or any
applicable specific or master plan except for affordable housing projects as expressly modified
by the site development plan. The site development plan for affordable housing projects may
allow less restrictive development standards than specified in the underlying zone or elsewhere
provided that the project is in conformity with the general plan and adopted policies and goals
of the city, it would have no detrimental effect on public health, safety and welfare, and, in the
coastal zone, any project processed pursuant to this chapter shall be consistent with all certified
local coastal program provisions, with the exception of density. The decision making authority
for the site development plan and any other associated permits can only require objective
requirements that involve no personal or subjective judgment by a public official and are
uniformly verifiable by reference to an external and uniform benchmark or criterion available
and knowable by both the development applicant or proponent and the public official before
submittal. These standards were published in advance and consistent with The Zoning
Ordinance, General Plan, any applicable Master or Specific Plan, and the Government Code of
the State of California. In addition, the decision-making authority in approving a site
development plan may impose special conditions or requirements which are more restrictive
than the development standards in the underlying zone or elsewhere that include provisions
for, but are not limited to, the following:
a. Density of use;
b. Compatibility with surrounding properties and land uses;
c. Parking standards;
d. Setbacks, yards, active and passive open space required as part of the entitlement process,
and on-site recreational facilities;
e. Height and bulk of buildings;
f. Fences and walls;
g. Signs;
h. Additional landscaping;
i. Grading, slopes and drainage;
j. Time period within which the project or any phases of the project shall be completed;
k. Points of ingress and egress;
l. Such other conditions as deemed necessary to ensure conformity with the general plan and
other adopted policies, goals or objectives of the city.
C. In addition the decision-making authority may require that the developer provide public
improvements either on or off the subject site as are needed to serve the proposed development or to
mitigate public facilities needs or impacts created by the project. (Ord. CS-178 § CII, 2012; Ord. NS-753 §
2, 2005; Ord. NS-402 § 7, 1997; Ord. NS-207 § 6, 1992; Ord. 9826 § 1, 1987; Ord. 9804 § 5, 1986; Ord.
9767 § 1, 1985)
SECTION 21.26 USES GENERALLY
Chapter 21.26 C-1 NEIGHBORHOOD COMMERCIAL ZONE
21.26.015 Residential uses.
Mixed use developments that propose residential uses in combination with commercial uses shall
comply with the following requirements.
A. Residential uses are allowed either vertically, meaning within the same building, or horizontally,
meaning within a separate building on the same site. Residential uses must be secondary Accessory
to the shall be located above the ground floor of a multi-storied commercial building with one or
more of the nonresidential uses permitted by Section 21.26.010 of this title located on the ground
floor.
B. Residential uses shall be subject to the requirements of the chapters of this title, which include but
are not limited to, Chapter 21.26, Chapter 21.44, and in the case of airspace subdivisions,
Chapter 21.47.
C. Residential uses shall be constructed at a minimum density of 15 dwelling units per acre, per Table
2-4 of the general plan land use and community design element, subject to approval of a site
development plan processed in accordance with Chapter 21.06 of this title.
1. Density and yield of residential uses shall be determined consistent with the residential density
calculations and residential development restrictions in Section 21.53.230 of this title and shall
be based on 25% of the developable area. Unit yield in excess of the minimum shall be subject
to the finding in subsection 2 below. In no case shall the calculation preclude the development
of at least one dwelling unit in a mixed use development.
2. Residential uses shall be secondary and accessory to the primary commercial use of the site.
Compliance with this provision shall be evaluated as part of the site development plan.
D. Residential uses shall include residential care facilities (serving six or fewer persons), supportive
housing, and transitional housing. (Ord. CS-287 § 2, 2015; Ord. CS-249 § XII, 2014; Ord. CS-191 §
XIV, 2012; Ord. CS-172 § III, 2012)
Chapter 21.28 C-2 GENERAL COMMERCIAL ZONE
21.28.015 Residential uses in the C-2 zone.
Mixed use developments that propose residential uses in combination with commercial uses shall
comply with the following requirements.
A. Residential uses are allowed either vertically, meaning within the same building, or horizontally,
meaning within a separate building on the same site. Residential uses must be secondary Accessory
to the shall be located above the ground floor of a multi-storied commercial building with one or
more of the nonresidential uses permitted by Section 21.28.010 of this title located on the ground
floor.
B. Residential uses shall be subject to the requirements of the chapters of this title, which include but
are not limited to, Chapter 21.28, Chapter 21.44, and in the case of airspace subdivisions, Chapter
21.47.
C. Residential uses shall be constructed at a minimum density of 15 dwelling units per acre, per Table
2-4 of the general plan land use and community design element, subject to approval of a site
development plan processed in accordance with Chapter 21.06 of this title.
1. Density and yield of residential uses shall be determined consistent with the residential density
calculations and residential development restrictions in Section 21.53.230 of this title and shall
be based on 25% of the developable area. Unit yield in excess of the minimum shall be subject
to the finding in subsection 2 below. In no case shall the calculation preclude the development
of at least one dwelling unit in a mixed use development.
2. Residential uses shall be secondary and accessory to the primary commercial use of the site.
Compliance with this provision shall be evaluated as part of the site development plan.
D. Residential uses shall include residential care facilities (serving six or fewer persons), supportive
housing, and transitional housing. (Ord. CS-287 § 3, 2015; Ord. CS-249 § XIII, 2014; Ord. CS-191 §
XV, 2012; Ord. CS-172 § VII, 2012)
Chapter 21.31 C-L LOCAL SHOPPING CENTER ZONE
21.31.065 Residential uses.
Mixed use developments that propose residential uses in combination with commercial uses shall
comply with the following requirements.
A. Residential uses are allowed either vertically, meaning within the same building, or horizontally,
meaning within a separate building on the same site. Residential uses must be secondary Accessory
to the shall be located above the ground floor of a multi-storied commercial building with one or
more of the nonresidential uses permitted by Section 21.31.030 of this title located on the ground
floor.
B. Residential uses shall be subject to the requirements of the chapters of this title, which include but
are not limited to, Chapter 21.31, Chapter 21.44, and in the case of airspace subdivisions, Chapter
21.47.
C. Residential uses shall be constructed at a minimum density of 15 dwelling units per acre, per Table
2-4 of the general plan land use and community design element, subject to approval of a site
development plan processed in accordance with Chapter 21.06 of this title.
1. Density and yield of residential uses shall be determined consistent with the residential density
calculations and residential development restrictions in Section 21.53.230 of this title and shall
be based on 25% of the developable area. Unit yield in excess of the minimum shall be subject
to the finding in subsection 2 below. In no case shall the calculation preclude the development
of at least one dwelling unit in a mixed use development.
2. Residential uses shall be secondary and accessory to the primary commercial use of the site.
Compliance with this provision shall be evaluated as part of the site development plan.
D. Residential uses shall include residential care facilities (serving six or fewer persons), supportive
housing, and transitional housing. (Ord. CS-287 § 6, 2015; Ord. CS-249 § XIV, 2014; Ord. CS-191 §
XVI, 2012; Ord. CS-172 § XII, 2012)
ATTACHMENT 3
Proposed Amendments to Title 18: Building Code and Regulations
Amend the Building Code and regulations sections 18.04 and 18.20 to read as specified below, signified
as replacements, additions, or revisions to existing text. Revisions to existing text are shown in order by
section number, with strikeout typeface (i.e. strikeout) illustrating deletions and underline typeface (i.e.
underline) illustrating new text. The proposed changes are not intended to impair or interfere with any
other existing provision of law or ordinance.
A clean-copy of the proposed changes will be provided as an attachment to the resolution that is
presented to City Council for consideration.
Chapter 18.04 BUILDING CODE
18.04.045 Section 110.4 amended
Section 110.4 of the California Building Code is amended to read as follows:
INSPECTION AGENCIES. The building official is authorized to accept reports of approved inspection
agencies, licensed Engineers, licensed contractors or other qualified individuals, provided that such
agencies, licensed professionals or individuals satisfy the requirements as to qualifications and
reliability.
Chapter 18.20 RESIDENTIAL CODE
18.20.040 California Residential Code section 10.2 Inspection Agencies
Section 109.2 of the California Residential Code is amended to read as follows:
INSPECTION AGENCIES. The building official is authorized to accept reports of approved inspection
agencies, licensed Engineers, licensed contractors or other qualified individuals, provided such agencies,
licensed Engineers, licensed contractors or qualified individuals satisfy the requirements as to
qualifications and reliability.
Revised 07/21
CEQA DETERMINATION OF EXEMPTION
Subject: This California Environmental Quality Act (CEQA) Determination of Exemption is in compliance
with Carlsbad Municipal Code Section 19.04.060. An appeal to this determination must be filed
in writing with the required fee within ten (10) calendar days of the City Planner’s decision
consistent with Carlsbad Municipal Code Section 21.54.140.
City Planner Decision Date: Feb. 18, 2022
Project Number and Title: ZCA 2022-0001/LCPA 2022-0013 – Housing Element Programs – Building and
Zoning Ordinance Update
Project Location - Specific: Citywide
Project Location - City: Carlsbad Project Location - County: San Diego
Description of Project: Amendments to the Carlsbad Municipal Code Title 18, the Building Code, and Title
21, The Zoning Ordinance, to implement three program objectives outlined in the city’s Housing Element
adopted on April 6, 2021. Amendments include clarification of authority for Affordable Housing Projects,
Definition of mixed use, and authorities to accept plans in the building code. Includes Local Coastal
Program Amendment for consistency.
Name of Public Agency Approving Project: City of Carlsbad
Name of Person or Agency Carrying Out Project: City of Carlsbad, Community Development Department
Name of Applicant: Eric Lardy, Principal Planner
Applicant’s Address: 1635 Faraday Avenue, Carlsbad, CA 92008
Applicant’s Telephone Number: 442-224-9595
Name of Applicant/Identity of person undertaking the project (if different from the applicant above):
N/A
Exempt Status: (Check One)
Ministerial (Section 21080(b)(1); 15268);
Declared Emergency (Section 21080(b)(3); 15269(a));
Emergency Project (Section 21080(b)(4); 15269 (b)(c));
Categorical Exemption - State type and section number:
Statutory Exemptions - State code number:
Common Sense Exemption (Section 15061(b)(3))
Criteria for Subsequent EIR (Section 15162 & 15168(c)(2))
Reasons why project is exempt: Pursuant to the California Environmental Quality Act, (CEQA, Public
Resources Code section 21000 et. seq.), and its implementing regulations (the State CEQA Guidelines),
Section 15168 set the criteria for use of a Program Environmental Impact Report (EIR) for later activities
to determine if an additional environmental document must be prepared prepared. Section 15168 (c) (2)
directs a Program EIR to utilize the specific process referenced in Sections 15162 through 15164 that forth
the criteria for determining the appropriate additional environmental documentation, if any, to be
completed when there is a previously adopted Negative Declaration (ND) or a previously certified EIR
covering the project for which a subsequent discretionary action is required.
ATTACHMENT 4
Revised 07/21
As part of its approval of the Comprehensive General Plan Update on Sept. 22, 2015, the City Council
adopted Resolution 2015-242, certifying EIR 13-02 and adopting Findings of Fact, a Statement of
Overriding Considerations, and a Mitigation Monitoring and Reporting Program.
EIR 13-02 is available as part of the General Plan Update documents page of the Planning Division at
https://www.carlsbadca.gov/services/depts/planning/update/documents.asp
Subsequently, on April 6, 2021 the City Council approved an update of the city’s Housing Element for the
6th cycle (2021 – 2029) by Resolution 2021-073, which included an Addendum consistent with Section
15164 of the CEQA Guidelines to study impacts of the Goals, Policies, Programs and Objectives
contained in the Housing Element. On July 13, 2021 the California Department of Housing and
Community Development found the element to be in substantial compliance with all applicable laws.
The Addendum and resolution are available at: 2021-04-06; City Council; Resolution 2021-073
(carlsbadca.gov) The Addendum included an evaluation of the Housing Element Goals, Policies,
Programs and Objectives that will be implemented throughout the eight-year housing cycle.
Additionally, the Housing Element did not include any changes to Land Uses in the General Plan or
Zoning Ordinance. Of the three objectives that are proposed as part of this action, two of which are
administrative in nature and will not have any potential for impact to the environment by clarification of
the authorities of the Planning Commission to provide only objective standards [Objective 1.6 (G)], and
through changing authorities in the Building Code to allow online submittals of plans [Objective 1.6 (F)].
The third objective makes changes to definitions applicable to mixed use in the C-1, C-2 and C-3 zones
through implementation of Objective 1.8 (C). The proposed addition of definitions clarifies what is
allowed but will not result in any increase in the density or intensity of the maximum residential or
commercial use that is allowed through the General Plan. The definition breaks no new legal ground and
is within the scope of the of the Addendum. During adoption of the General Plan, EIR 13-02 considered
and evaluated all land use impacts for the components of the proposed project, and studied the
maximum intensity of commercial and residential allowed on all C-1, C-2 and C-3 zones, and as such the
modification and addition of definitions for horizontal and vertical mixed use are consistent with that
evaluation. The Addendum evaluated all direct and indirect impacts, in addition to cumulative impacts,
that would result from Housing Element implementation.
All of the proposed amendments to the Carlsbad Municipal Code all fall under the scope of the
Addendum and are internally consistent with other provisions of the code, and the land use regulations
and requirements set forth in the city’s General Plan and Local Coastal Program. As these programs
were considered in the April 6, 2021 Addendum, there are no cumulative impacts that have not been
considered and studied, and there are no unanticipated environmental impacts or changes in
circumstances. Additionally, there is no "new information of substantial importance" as that term is
used in CEQA Guidelines Section 15162(a)(3) and none of the triggers for a subsequent/supplemental
EIR apply. Therefore, the Addendum to the EIR and certified EIR are adequate without modification.
On the basis of this analysis, the City Planner has determined that there are no substantial changes
proposed in the project and there are no substantial changes in the circumstances under which the
project will be undertaken that will require major revisions to the previous EIR due to the involvement
of significant new environmental effects or a substantial increase in the severity of previously identified
significant effects.
Lead Agency Contact Person: Eric Lardy, Principal Planner Telephone: 442-224-9595
2/18/2022
Mike Strong, Assistant Director of Community Development Date
Housing and Homeless Services Department
1200 Carlsbad Village Drive Carlsbad, CA 92008 760-434-2810 t
AGENDA ITEM # 3
Memorandum
March 2, 2022
To: Planning Commission
From: Nancy Melander, Senior Program Manager
Re: Agricultural Conversion Mitigation Fee Committee Vacancy
Staff requests that the Planning Commission nominate a member of the Commission to serve on the
Agricultural Conversion Mitigation Fee (ACMF) Ad Hoc Citizen's Committee. Staff will forward the name
of the nominated Commissioner to the City Council, and upon the Council's recommendation, the Mayor
will consider appointing the Commissioner to the citizen's committee.
The ACMF Committee is comprised of seven Carlsbad residents (one member from the Planning
Commission and six members at large). Planning Commissioner Roy Meenes has held the Planning
Commission position on the ACMF Committee; and, may be reappointed.
The principal charge of the ACMF Committee is to make recommendations to the City Council on the use
of ACMF funds for proposed projects that meet the criteria established by Municipal Code Section
21.202.060.D. The balance in the AMCF fund is the result of the payment of fees that are required to
mitigate the conversion of agricultural land to urban uses within the Coastal Zone.
The ACMF Committee meets on an as-needed basis with its most recent meeting taking place on Nov.
17, 2021. ACMF Committee meetings are held during the week at normal business hours and range from
approximately one to two hours in duration.