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Home My WebLink About2023-07-19; Planning Commission; ; Citywide Objective Design Standards ProjectMeeting Date: July 19, 2023 Item 2 To: Planning Commission Staff Contact: Shelley Glennon, Associate Planner; 442-339-2605; shelley.glennon@carlsbaca.gov Subject: Citywide Objective Design Standards Project Location: Citywide (Excluding the Village and Barrio Master Plan area) Case Numbers: ZCA2020-0003, LCPA 2020-0007, PUB2020-0004 Applicant/Representative: City of Carlsbad Community Development Department CEQA Determination: ☐Not a Project ☒ Exempt ☐ IS/ND or IS/MND ☐ EIR ☐Other: Permit Type(s): ☐SDP ☐ CUP ☐ CDP ☐ TM/TPM ☐ GPA ☐ REZ ☒ LCPA ☒Other: ZCA (Zone Code Amendment) CEQA Status: ☐The environmental assessment IS on the Agenda for discussion ☒A CEQA determination was already issued. That decision is final and IS NOT on the Agenda Commission Action: ☐Decision ☒ Recommendation to City Council ☐ Informational (No Action) Recommended Actions That the Planning Commission ADOPT a Planning Commission resolution (Exhibit 1) RECOMMENDING that the City Council hold a public hearing and: 1.Introduce an ordinance approving an amendment to the Zoning Ordinance, Title 21 of the Carlsbad Municipal Code, to approve the Citywide Objective Design Standards for multifamily housing and mixed-use development projects implementing Housing Element Program 1.11 (Exhibit 2). 2.Adopt a resolution approving a Local Coastal Program amendment to update the Local Coastal Program Implementation Plan (Zoning Ordinance, Title 21 of the Carlsbad Municipal Code) to approve the Citywide Objective Design Standards for multifamily housing and mixed-use development projects implementing Housing Element Program 1.11 (Exhibit 4). Existing Conditions & Project Description The Citywide Objective Design Standards project applies to all eligible multifamily housing and mixed-use development projects within the city boundaries with the exception of the Village and Barrio Master Excluding Village and Barrio Master Plan area Figure 1 - City of Carlsbad July 19, 2023 Item #2 Page 1 of 76 Plan area. The city is concurrently processing a separate set of objective design standards project for the Village and Barrio Master Plan area. State and Local Regulation Compliance In 2017, the Governor signed multiple housing bills to address the current state housing crisis, including Senate Bill 35 (SB-35) which allow eligible projects to be approved through a streamlined ministerial approval process subject to objective regulatory standards and affordable housing requirements. Additionally, Senate Bill 330 (SB- 330) commonly referred to as the Housing Crisis Act of 2019, requires jurisdictions to streamline the approval process for qualified multifamily housing projects based on objective regulatory standards but does not require ministerial approval. The city cannot use standards or guidelines that are subjective in nature to deny SB-35, SB- 330, or other applicable projects subject to Government Code Section 65589.5. The code language adopted as a part of SB-35 is set to sunset on Jan. 1, 2026, and SB-330 is set to sunset on Jan. 1, 2034 unless further extended or made permanent by the state legislature. There is a bill in the legislature now that would extend SB-35, SB-423. More information on these bills is available under the Community Development Info-Bulletin page: https://www.carlsbadca.gov/departments/community-development/departmental-information-bulletins In response to state housing legislation to address the state’s housing crisis and to satisfy city’s certified Housing Element Program 1.11, the city has developed objective design standards1 that can be used in the review of eligible multifamily housing and mixed-use development projects. Additionally, there is a requirement that sites included in the rezoning program (Program 1.1 of the Housing Element) that developments be allowed by- right if they provide a higher percentage of affordable housing (20%) and don’t have any other discretionary actions, such as a subdivision or coastal development permit. The proposed standards replace existing subjective design guidelines with objective standards and include new objective standards appropriate for multifamily and mixed-use development citywide. These objective design standards will be paired with existing objective development standards—such as building height, density, and setbacks—in the review of eligible development applications. Eligible projects will be required to comply with to be approved. The objective design standards are not themselves an expedited review process but are used in the processes discussed above. Whether or not the city adopts new design standards, the permit processing options discussed above are available to project applicants. Adopting the objective standards will ensure eligible projects are compatible with Carlsbad’s existing community character while complying with both state and local regulations. The implementation of the project will also satisfy the terms of the State Department of Housing and Community Development Grant, authorized under Senate Bill 2 (SB-2), that was awarded to the city to fund the Citywide Objective Design Standards project and portions of the Housing Element update that will help accelerate housing development. Given the unique architectural history and cultural dynamics of the city’s Village and Barrio Master Plan area, the City Council directed the development of two separate projects: the Village and Barrio Objective Design Standards and the Citywide Objective Design Standards project, which contains multifamily and mixed-use design standards but does not include prescribed architectural styles. Project Description The proposed city-initiated amendments to the Zoning Ordinance (ZCA 2020-0003) and Local Coastal Program (LCPA 2020-0007) will implement Housing Element Program 1.11 for the development of objective design standards for multifamily housing and mixed-use projects in conformance with recent state law regulations. The 1 Objective design standards are defined as standards 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 [Government Code Sections 65913.4 and 66300(a)(7)] July 19, 2023 Item #2 Page 2 of 76 citywide objective design standards proposed as the Multifamily Housing and Mixed-Use Development Manual (Exhibit 3), provides direction to applicants, city staff and decision makers with clear and consistent design directions for future multifamily and mixed-use residential development projects. These objective design standards do not change existing development standards such as maximum building height, density, setbacks or permitted uses and is incorporated by reference through proposed Carlsbad Municipal Code Title 21 Chapter 21.88: Multifamily Housing and Mixed-Use Development – Objective Design Standards (Exhibit 5). In addition to building design standards, the project also includes site and utilitarian design standards that will impact the aesthetics, livability, and overall neighborhood character. These include things such as building placement, access, pedestrian circulation, and landscaping. The project also establishes a waiver process that allows developers flexibility in the application of up to four individual standards. This waiver process is outside of the density bonus program and is recommended by HCD to allow for flexibility. The objective design standards manual includes five sections as summarized below: Section 1 Introduction – This section introduces the manual, including the purpose and intent. The section establishes eligibility requirements, therefore ensuring all eligible projects apply the standards and lastly it includes applicability requirements, or how to apply the standards based on certain circumstances such as when there’s a conflicting standard in another document or if an eligible project is proposing to make modifications to an existing structure. Section 2 Site Design Standards – This section includes site design standards that address site layout and building placement, vehicular surface parking and access, pedestrian circulation and access, landscaping, and private and common recreational space. For example, B.1.C standard requires enhanced paving for entry driveways and C.1.b standard requires pedestrian walkways to connect public sidewalks to all building entrances and vehicle parking areas. Section 3 Building Design Standards – This section provides building design standards. It addresses building massing and form, façade articulation, roof forms, building and unit entrances, fenestration, parking structure details, and building materials and colors. Section 4 Additional Mixed-Use Standards – This section establishes standards for mixed-use residential development projects. Topics in this section specifically address potential conflicts and considerations derived from the integration of various uses. The standards are applied based on two types of mixed-use development projects: 1) vertical mixed-use (multiple uses on different floors of the same building), and 2)horizontal mixed-use (multiple uses in different buildings within the same project/development site). A development that includes both types of mixed-use types must apply all standards. Section 5 Utilitarian Design Standards. – This section includes standards related to the operational fixtures and structures of multifamily residential and mixed-use buildings such as bicycle parking, lighting, utility screening and fences and walls. Because the proposed objective design standards only apply to eligible multifamily and mixed-use projects, the existing design standards and guidelines, existing design standards in the Carlsbad Municipal Code will remain and continue to be applied to non-eligible projects. New application materials including a citywide objective design standards checklist and process guide will include additional requirements to indicate if projects are eligible or not eligible to apply the new standards. Eligible projects as defined in Chapter E-1 Section 1.3 “Eligibility,” will be required to apply all applicable design standards however can waive up to four individual standards through the waiver process outlined in proposed Section 21.88.030(B) “Waivers.” July 19, 2023 Item #2 Page 3 of 76 Applicability The citywide objective design standards will apply to eligible multifamily housing and mixed-use development projects which include two or more attached residential units such as: 1) townhomes; 2) duplexes; 3) condominiums; 4) apartment complexes; and 5) mixed-use development projects with at least two thirds square footage designated for residential uses. The new standards will not apply to 1) previously approved multifamily housing or mixed-use projects (unless modifications are proposed); 2) projects that are in process and deemed complete either through Senate Bill 330 or the Permit Streamlining Act prior to the new standards becoming effective; 3) single-family residential developments; 4) accessory dwelling units; 5) multifamily or mixed-use projects requiring a General Plan Amendment or rezone; or 6) non-residential developments such as commercial, industrial or office sites. Project Goals The objective design standards manual provides clear design direction that enhances an area’s unique character and sense of place, allows design flexibility, and promotes construction of new housing in the city by meeting the following project goals: 1. Strengthening the multifamily housing and mixed-use development design regulations 2. Ensuring multifamily housing and mixed-use development projects are designed to be compatible with the city’s existing community character that promotes a pedestrian scale and connectivity 3. Assisting in the acceleration of residential construction for both affordable and market-rate projects 4. Implementing standards that meet the state’s three objective standard criteria: a. Appropriate for meeting the city’s share of affordable housing as outlined in the Housing Element b. Feasible to accommodate development at the density permitted on the site c. Meet the definition of objective (Government Code Sections 65913.4 and 66300(a)(7)) Public Outreach & Comment Community Outreach – Webpage, mailing list, public webinar, stakeholder meeting, public comment period In Summer 2022, staff began promoting the project and established a project webpage2 and project mailing list. The draft Citywide objective design standards were made available for public review for 30 days from May 18th to June 19th, 2023, concurrent with the Village and Barrio Objective Design Standards project. The project was promoted using the project webpage, emails, e-newsletters, and social media. Staff also promoted the citywide Objective Design Standards project at the Design Review Committee meetings held for the Village and Barrio Objective Design Standards project that is being processed concurrently. During the public review period, staff hosted a public webinar on June 8th, 2023 to present the draft citywide objective design guidelines to the community and to allow them to ask questions and provide feedback. The notice of the webinar was sent out to community members on the City Manager’s update list, relevant planning and development lists and relevant housing, growth management and Planning Commission lists for an audience of approximately 15,000 individuals. Additionally, the webinar was promoted on social media that reach a total of 6,400 individuals. Approximately 40 people RSVPs to the meeting and a total of fifteen people attended the webinar. Staff reached out to several developers who are currently or have previously submitted applications for multifamily housing or mixed-use development projects within the City of Carlsbad to provide them with an opportunity to provide feedback on the proposed project. On June 8, 2023, staff met with two representatives 2 www.carlsbadca.gov/departments/community-development/planning/citywide-objective-design-standards July 19, 2023 Item #2 Page 4 of 76 from the development community to receive and discuss their input on the draft citywide objective design guidelines. Comments and questions were provided to staff from both the stakeholder meeting and project webinar. However, only one comment letter was received during the public review period (Exhibit 6). Public Notices A public notice of the proposed Local Coastal Program amendment was published on Friday May 26th in two local newspapers pursuant to CMC Title 21 Section 21.54.060 “Notices of applications and hearings.” A state- mandated six week review period was required for the proposed Local Coastal Program (LCP) Amendment which ended July 7, 2023. No comments addressing the proposed LCP Amendment were received. Public notice of the Planning Commission hearing was published on July 9, 2023, in two local newspapers as prescribed pursuant to CMC Title 21 Section 21.54.060 “Notices of applications and hearings.” Response to Public Comment & Project Issues The public comments received were overall minor and regarding the feasibility of the proposed standards. Project issues raised during the review process have been addressed through modifications to the draft objective design standards manual (Exhibit 3). Project Analysis State Law Consistency The state recently passed legislation that includes requirements for local jurisdictions related to the processing and approval of residential development projects. A discussion of how the project is consistent with the applicable state legislation is summarized in Exhibit 7. General Plan Consistency The City of Carlsbad General Plan includes goals, policies and programs which directly relate to the proposed project. A discussion of how the project is consistent with the applicable General Plan goals policies and program is summarized in Exhibit 7. Municipal Code Consistency The City of Carlsbad Municipal Code Tile 21 Zoning Ordinance includes requirements and provisions that guide development and land use within the city, consistent with the General Plan. Specific compliance with the relevant Title 21 Zoning Ordinance requirements is described in Exhibit 7. Growth Management Program The project site is located within Local Facilities Management Zone No. 1. A discussion of how the project is consistent with the City’s Growth Management Program is described in Exhibit 7. Airport Land Use Compatibility Plan The project was reviewed by the Airport Land Use Commission on July 6, 2023 and determined to be consistent with the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP) (Exhibit 8). No further review is required. Discretionary Actions & Findings The proposed Project requires approval of certain legislative changes (Zoning Ordinance Amendment and Local Coastal Program Amendment) which is discussed below. Zoning Ordinance Amendment (ZCA 2020-0007) The project proposes a new chapter in Zoning Ordinance (CMC Title 21) Chapter 21.88: Multifamily Housing and Mixed-Use Development – Objective Design Standards. This new chapter will codify the proposed Multifamily Housing and Mixed-Use Development Objective Design Standards manual by incorporating it by reference. A July 19, 2023 Item #2 Page 5 of 76 discussion of how the proposed CMC Title 21 Chapter 21.88 is consistent with the zoning ordinance is described in Exhibit 7. Local Coastal Program Amendment (LCPA 2020-0003) The project involves portions of the city constituting the Local Coastal Program and therefore requires a Local Coastal Program Amendment. A discussion of how the project is consistent with the Local Coastal Program is described in Exhibit 7. Environmental Review In accordance with the California Environmental Quality Act (CEQA) and CEQA Guidelines, The Zoning Ordinance amendment and Local Coastal Program amendment for the proposed Citywide Objective Design Standards project is exempt from CEQA per the CEQA Common Sense Exemption Section 15061(b)(3) that applies to projects which clearly do not have the potential for causing a significant effect on the environment. The project in itself, does not allow construction of any building or structure, but sets forth design regulations that shall be followed. The regulations do not change allowable uses or building intensities. It can be seen with certainty that there is no possibility that the project may have a significant effect on the environment, and thus is not subject to CEQA review. A notice of intended decision regarding the environmental determination was advertised on June 28, 2023 and posted on the city’s website. The notice included a general description of the project, the proposed environmental findings, and a general explanation of the matter to be considered. The findings and determination contained in that notice was declared as final on the date of the noticed decision, unless appealed as provided by the procedures commencing in Chapter 21.54 (Procedures, Hearings, Notices, and Fees) of the Zoning Ordinance. During the public review period, the city received no comment letters from the public regarding the prospective environmental determination, and no appeal was filed within the 10 day appeal period. Since no appeal was filed and no substantial evidence was submitted that would support a finding that the exemption requirements would not be satisfied, the project was determined by the city planner to not have a significant effect on the environment. The City Planner’s written decision is final and the CEQA determination is not within the Planning Commission’s purview. With the appropriate environmental clearances in place, all the city’s procedural requirements and relevant aspects of CEQA have been satisfied. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines and Chapter 19.04 of the Municipal Code do not apply to this project. Conclusion Considering the information above and in the referenced exhibits, staff has found that the proposed Project is consistent with all applicable policies and programs of the General Plan, Municipal Code, Local Coastal Program, and other applicable regulations. In addition, there are no environmental issues associated with the Project. Staff recommends the Planning Commission adopt the resolution, recommending approval of the proposed Project as described in this staff report. Exhibits 1.PC Resolution 2.Draft City Council Ordinance adopting Zoning Ordinance Amendment (CMC Title 21) 3.Draft Multifamily Housing and Mixed-Use Development Objective Design Standards Manual 4.Draft City Council Resolution approving Local Coastal Program Amendment 5.Draft CMC Title 21 Chapter 21.88: Multifamily Housing and Mixed-Use Development – Objective Design Standards 6.Public comment letter received during public comment period 7.Project Analysis 8.June 1, 2023, Airport Land Use Commission Consistency Determination letter July 19, 2023 Item #2 Page 6 of 76 PLANNING COMMISSION RESOLUTION NO. 7 4 8 9 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AMENDMENTS TO THE ZONING ORDINANCE (TITLE 21) AND LOCAL COASTAL PROGRAM TO APPROVE THE CITYWIDE OBJECTIVE DESIGN STANDARDS FOR MULTIFAMILY HOUSING AND MIXED-USE DEVELOPMENT PROJECTS IMPLEMENTING HOUSING ELEMENT PROGRAM 1.11 CASE NAME: CITYWIDE OBJECTIVE DESIGN STANARDS CASE NO: ZCA2020-0003, LCPA 2020-0007, PUB 2020-0004 WHEREAS, California State law requires that the Local Coastal Program, General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and WHEREAS, the City Planner has prepared amendments to the Zone Code and Local Coastal Program, pursuant to Chapter 21.52.020 of the Carlsbad Municipal Code, to ensure consistency with state and city mandates related to objective design standards for multifamily housing and mixed-use development projects; and WHEREAS, the City Planner has prepared a Local Coastal Program Amendment, as provided in Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title 14, Division 5.5, to ensure consistency with the Local Coastal Program and Zoning Ordinance; and WHEREAS, the proposed Zoning Ordinance amendment is set forth in the draft City Council Ordinance, Exhibit 2 dated, July 19, 2023, and incorporated herein by reference to ZCA 2020- 0003, LCPA 2020-0007, PUB 2020-0004 -CITYWIDE OBJECTIVE DESIGN STANARDS; and WHEREAS, the proposed Local Program Amendment is set forth in the draft City Council Resolution 7489, Exhibit 4 dated, July 19, 2023, and incorporated herein by reference to ZCA 2020-0003, LCPA 2020-0007, PUB 2020-0004 -CITYWIDE OBJECTIVE DESIGN STANARDS; and WHEREAS, the Planning Division studied the Zoning Ordinance amendment and Local Coastal Program amendment and performed the necessary investigations to determine if the project qualified for an exemption from further environmental review pursuant to the California Environmental Quality Act, (CEQA, Public Resources Code section 21000 et. seq.), and its implementing regulations (the Exhibit 1 July 19, 2023 Item #2 Page 7 of 76 State CEQA Guidelines), Article 14 of the California Code of Regulations section 15000 et. seq. After consideration of all evidence presented, and studies and investigations made by the city planner and on its behalf, the city_planner determined that the project was exempt from further environmental review pursuant to State CEQA Guidelines Section 15061(b)(3) that applies to projects which clearly do not have the potential for causing a significant effect on the environment. The project in itself, does not allow construction of any building or structure, but sets forth design regulations that shall be followed. The regulations do not change allowable uses or building intensities. It can be seen with certainty that there is no possibility that the project may have a significant effect on the environment, and all of the requirements of CEQA have been met; and WHEREAS, California Coastal Commission Regulations require a six-week public review period for any amendment to the Local Coastal Program; and WHEREAS, on July 6, 2023, the Airport Land Use Commission reviewed and found that the proposed Zoning Ordinance Amendment and Local Coastal Program Amendment is consistent with the adopted McClellan-Palomar Airport Land Use Compatibility Plan; and WHEREAS, the Planning Commission did on July 19, 2023, 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 Zoning Ordinance Amendment and Local Coastal Program Amendment. 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. July 19, 2023 Item #2 Page 8 of 76 B)At the end of the state-mandated six-week review period for the Local Coastal Program Amendment, starting on May 26, 2023, and ending on July 7, 2023, staff shall present to the City Council a summary of the comments received. C)That based on the evidence presented at the public hearing, the Planning Commission ADOPT a Planning Commission �esolution RECOMMENDING that the City Council hold a public hearing and: Findings: a.Introduce an ordinance approving an amendment to the Zoning Code, to approve the Citywide objective design standards project to implement Housing Element Program 1.11 b.Adopt a resolution approving a Local Coastal Program amendment (LCPA 2020-0007) to update the Local Coastal Program Implementation Plan (Zoning Ordinance, Title 21 of the Carlsbad Municipal Code) to approve the Citywide objective design standards project to implement Housing Element Program 1.11, based on the following findings: 1.That the proposed amendment to the Zoning Ordinance ZCA 2020-0003 is consistent with the General Plan, as described by the following: Housing Element Program 1.11 -The city will implement clear objective design standards for multifamily housing and mixed-use 'projects. Housing Element Policy 10-P.8 -Develop and adopt objective design standards that will be used for all mixed use and multifamily housing projects Land Use Element Goal 2-G.4 -Provide balanced neighborhoods with a variety of housing types and density ranges to meet the diverse demographic, economic and social needs of residents, while ensuring a cohesive urban form with careful regard for compatibility. Land use Element Policy 2-P .6 -Encourage the provision of lower and moderate-income housing to meet the objectives of the Housing Element. July 19, 2023 Item #2 Page 9 of 76 2.That the proposed amendments reflect sound planning principles, in that it amends the Zoning Ordinance to implement Housing Element Program 1.11 to develop objective design standards for multifamily housing and mixed-use development projects consistent with the existing community character and in compliance with state legislation. 3.The proposed amendments are consistent with the City's Growth Management Program in that they do not conflict with Growth Management dwelling unit quantities and performance standards to ensure public facilities and services keep pace with development; pursuant to Government Code Section 65589.5 the proposed Citywide objective design standards for multifamily housing and mixed-use development shall be applied to facilitate and accommodate development at the density currently permitted on the site, therefore not impacting the existing Growth Management dwelling limitations or performance standards. 4.That the proposed Local Coastal Program Amendment 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 proposed amendments ensure compliance with state regulations, City of Carlsbad's General Plan;. Carlsbad Municipal Code, and the proposed amendments do not conflict with any coastal zone regulations, land use designations or policies, with which development must comply. 5.That the proposed amendment to the Carlsbad Local Coastal Program is required to bring it into consistency with the proposed Zoning Ordinance Amendment ZCA 2020-0003. 6.That the City Planner has determined that the amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to the commonsense exemption, Section 15061{b)(3) of the CEQA Guidelines, since there would be no possibility of a significant effect on the environment. No appeal to the CEQA exemption was made subject to CMC 21.54.140. July 19, 2023 Item #2 Page 10 of 76 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on July 19, 2023, by the following vote, to wit: AYES: Merz, Hubinger, Kamenjarin, Lafferty, Meenes, Sabellico and Stine NAYS: ABSENT: ABSTAIN: Peter Merz, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MIKE STRONG Assistant Director, Community Development July 19, 2023 Item #2 Page 11 of 76 Exhibit 2 ORDINANCE NO. . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE, TITLE 21 OF THE CARLSBAD MUNCIPAL CODE, TO APPROVE THE CITYWIDE OBJECTIVE DESIGN STANDARDS FOR MULTIFAMILY HOUSING AND MIXED- USE DEVELOPMENT PROJECTS IMPLEMENTING HOUSING ELEMENT PROGRAM 1.11. CASE NAME: CITYWIDE OBJECTIVE DESIGN STANDARD CASE NO: ZCA 2020-0003, LCPA 2020-0007, PUB 2020-0004 WHEREAS, Section 65589.5 of the California Government Code requires cities and counties approve or deny eligible housing development projects based on objective regulatory standards; and WHEREAS, Senate Bill 35 and Senate Bill 330 were signed into law, which amended state law to incentivize the construction of housing development projects through a streamlined permit review process; and WHEREAS, the above legislative bills took effect between 2017-2019, and existing subjective design standards and guidelines are no longer enforceable for eligible housing development projects; and WHEREAS, the city’s Housing Element Program 1.11 adopted in 2021 requires the city to develop objective design standards for multifamily housing and mixed-use development projects; and WHEREAS, the City Planner has prepared an amendment to the Zoning Ordinance (ZCA 2020- 0003) and the Local Coastal Program (LCPA 2020-0007) pursuant to Chapter 21.52 of the Carlsbad Municipal Code, Section 30514 of the Public Resources Code, and Section 13551 of California Code of Regulations Title 14, Division 5.5; and WHEREAS, on July 6, 2023, the Airport Land Use Commission reviewed and found that the proposed Zone Code Amendment is consistent with the adopted San Diego County McClellan-Palomar Airport Land Use Compatibility Plan; and WHEREAS, on July 19, 2023, the Planning Commission held a duly noticed public hearing as prescribed by law to consider AMEND 2021-0008/ LCPA 2023-0016; and WHEREAS, the Planning Commission adopted Planning Commission Resolution recommending the City Council introduce an ordinance approving an amendment to the Zoning Ordinance, to approve ZCA 2020-0003/ LCPA 2020-0007; and July 19, 2023 Item #2 Page 12 of 76 WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider ZCA 2020-0003/ LCPA 2020-0007; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors, including written public comments, if any, related to ZCA 2020-0003/ LCPA 2020-0007. 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. [number] shall also constitute the findings of the City Council. 3.Zoning Ordinance is amended to include new Zoning Ordinance Title 21 Chapter 21.88: Multifamily Housing and Mixed-Use Development Objective Design Standards as follows: DRAFT CHAPTER 21.88: MULTIFAMILY HOUSING AND MIXED-USE DEVELOPMENT - OBJECTIVE DESIGN STANDARDS Contents: 21.88.010 Purpose and Intent 21.88.020 Eligibility 21.88.030 Additional Provisions 21.88.040 Incorporation of the Multifamily Housing and Mixed-Use Development Objective Design Standards Manual by Reference 21.88.040 Severability 21.88.010 Purpose and Intent The purpose of the objective design standards of this chapter is to provide the public, building and design professionals, and decision-makers with objective criteria for eligible new residential and mixed-use development in the city. The intent is to provide clear design direction that enhances an area’s unique character and sense of place, allows design flexibility, and promotes construction of new housing in the city. 21.88.020 Eligibility A. The following sections provides objective design standards required for use in the review of “developments” governed by California Government Code Section 65913.4 (Streamlined Ministerial July 19, 2023 Item #2 Page 13 of 76 Approval Process) and “housing development projects” as governed by California Government Code Section 65589.5 (Housing Accountability Act). These sections detail the review processes required for projects that provide, generally, either affordable or market rate multifamily housing development projects with at least two units or mixed-use development projects with at least two thirds square footage designated for residential uses. For full eligibility criteria, see the California Government Code sections listed above or the city’s development application materials. B.These objective design standards are intended to apply exclusively to multifamily and mixed-use residential developments that consist of at least two attached dwelling units. These objective design standards do not apply to any other land development type, including a detached dwelling unit. Developments proposing detached dwelling unit product types or any other land development types are subject to the applicable objective standards found in other relevant regulatory documents and sections of code. C.Modification or expansion of an existing conforming structure used for multifamily housing or mixed-use development that includes attached units is also eligible to use applicable standards of the Multifamily Housing and Mixed-Use Development Objective Design Standards Manual. 21.88.030 Additional Provisions A.Other Applicable Objective Standards. Eligible projects must comply with all other objective standards in the Carlsbad Municipal Code for topics on which Chapter 21.88 is silent. B.Waivers. A project applicant may request up to four (4) waivers to the applicable objective design standards provided in the Multifamily Housing and Mixed-Use Development Objective Design Standards Manual without the requirement for an additional application. The waiver process set forth in this section is a separate process from the concessions/incentives and waiver process pursuant to Density Bonus Law (Govt Code Section 65915) and/or other applicable state laws. However, if the state density bonus concession/incentive or waiver is for an objective design standard in the Multifamily Housing and Mixed-Use Objective Design Standards Manual, it would be counted as one (1) of the four (4) allowed waivers under this section. 1. The request must be made in writing as part of the application for the proposed project. The written justification for a waiver(s) must identify the design standard(s) that is requested to be waived and how the request meets the waiver findings listed below. July 19, 2023 Item #2 Page 14 of 76 2.Waiver Findings. The decision maker will consider the request and information provided and make findings to approve or deny the request. A waiver shall be granted only if all the following findings are made: a.The proposed project meets the intent of the design standard under consideration, or a similar design standard is implemented in substitution. b. The project meets the allowed density with the proposed waiver(s). C.Conflicting Standards. It is the intent of these objective design standards that all qualifying building and construction projects to the exterior of a building achieve design conformance with the objective standards provided in this document. If there is any conflict between these objective design standards and other applicable standards, the standards provided in the Multifamily Housing and Mixed-Use Development Objective Design Standards Manual shall prevail. Exception: The objective design standards specified in the applicable master plan or specific plan shall prevail if such standards conflict with the standards of the Multifamily Housing and Mixed-Use Development Objective Design Standards Manual. 21.88.030 Incorporation of the Multifamily Housing and Mixed-Use Objective Design Standards Manual by Reference The City of Carlsbad’s Multifamily Housing and Mixed-Use Development Objective Design Standards Manual is incorporated by reference into this chapter. 21.88.040 Severability Should any section, subsection, sentence, clause, or phrase of the ordinance codified in this chapter be held for any reason to be invalid or unconditional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. The City Council declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause, and phrase thereof irrespective of the fact that any part thereof be declared invalid or unconditional. July 19, 2023 Item #2 Page 15 of 76 4.Proposed Section 21.88.030 incorporates Multifamily Housing and Mixed-Use Development Objective Design Standards Manual by reference, and which is provided as Attachment “A.” EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES OUSTIDE THE COASTAL ZONE: This ordinance shall be effective thirty days after its adoption; 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. EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES WITHIN THE COASTAL ZONE: This ordinance shall be effective thirty days after its adoption or upon Coastal Commission approval of LCPA 2020-0007, 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 , 2023, and thereafter July 19, 2023 Item #2 Page 16 of 76 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ________, 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: APPROVED AS TO FORM AND LEGALITY: _________________________________ CINDIE K. McMAHON, City Attorney _______________________________________ KEITH BLACKBURN, Mayor _______________________________________ SHERRY FREISINGER, City Clerk (SEAL) July 19, 2023 Item #2 Page 17 of 76 City of Carlsbad Multifamily Housing and Mixed-Use Development Draft Objective Design Standards Manual June 2023 Exhibit 3 July 19, 2023 Item #2 Page 18 of 76 I-2 City of Carlsbad Citywide Objective Design Standards Manual Prepared for City of Carlsbad Acknowledgments City Council Mayor Keith Blackburn Councilmember Melanie Burkholder, District 1 Councilmember Carolyn Luna, District 2 Mayor Pro Tem Priya Bhat-Patel, District 3 Councilmember Teresa Acosta, District 4 City StaffEric Lardy, City Planner Robert Efird, Principal PlannerJennifer Jesser, Senior Planner Shelley Glennon, Project Manager Prepared by RRM Design Group July 19, 2023 Item #2 Page 19 of 76 I-3May 2023 Public Review Draft Prepared by RRM Design Group Section 1: Introduction..................................... 1-1 Section 2: Site Design Standards...................... 2-1 Section 3: Building Design Standards.............. 3-1 Section 4: Additional Mixed-Use Standards..... 4-1 Section 5: Utilitarian Design Standards........... 5-1 Definitions........................................................ A-1 Table of Contents July 19, 2023 Item #2 Page 20 of 76 I-4 City of Carlsbad Citywide Objective Design Standards ManualJuly 19, 2023 Item #2 Page 21 of 76 Introduction 1 July 19, 2023 Item #2 Page 22 of 76 Section 1 Introduction1 July 19, 2023 Item #2 Page 23 of 76 I-1City of Carlsbad Citywide Objective Design Standards Manual Section 1 Introduction 1 C. How to Use the Objective Design Standards Manual. 1. Apply Zoning Requirements in Title 21. Identify which base zone and/or overlay zone an eligible project is located in. Chapter 21.06 through Chapter 21.40 of Title 21 establish standards for each zone such as building height, yards and setbacks, and lot size. Specific design topics are also addressed, such as signs in Chapter 21.41 and parking design in Chapter 21.44. 2. Apply Objective Design Standards Manual. An eligible project is subject to site design standards, building design standards, and utilitarian design standards. Additionally, mixed-use projects are subject to additional mixed- use standards. Some standards only apply to projects with a large amount of homes; these standards specify a threshold for the number of homes. A. Purpose. Objective design standards are intended to provide the public, building and design professionals, and decision-makers with objective criteria for development. The Multifamily Housing and Mixed-Use Development Objective Design Standards Manual (“Manual”) provides clear direction that enhances an area’s unique character and sense of place, allows design flexibility, and promotes construction of new housing in the city. It is in alignment with the goals of the city and State to address the housing affordability in this community. B. Eligibility. This document establishes standards for new multifamily residential and mixed-use development that consists of at least two attached homes. Eligible projects are established by the provisions of Chapter 21.88 of the Carlsbad Municipal Code, and Statewide legislation that mandates a streamlined, objective design process for various types of homes. Introduction July 19, 2023 Item #2 Page 24 of 76 I-2 May 2023 Public Review Draft Section 1 Introduction c.Waiver Findings. The decision maker will consider the request and information provided and make findings to approve or deny the request. A waiver shall be granted only if all the following findings are made: 1.The proposed project meets the intent of the design standard under consideration, or a similar design standard is implemented in substitution. 2.The project meets the allowed density with the proposed waiver(s). 4.Reconcile Conflicting Standards. The City of Carlsbad maintains multiple regulatory documents that contain design direction for multifamily residential and mixed- use development, including the Carlsbad Municipal Code, specific plans, and master plans. In the case of a conflict between an objective standard in this Manual and an objective standard in another regulatory document, the standard in this Manual shall prevail. Exception: The objective design standards specified in the applicable master plan or specific plan shall prevail if such standards conflict with the standards of the Multifamily Housing and Mixed-Use Development Objective Design Standards Manual . 1-2 1 3.Identify Waivers. A project applicant may request up to four (4) waivers to the standards provided in this manual without the requirement for an additional application. a.Density Bonus. The waiver process set forth in this section is a separate process from the concessions/incentives and waiver process pursuant to Density Bonus Law (Govt Code Section 65915) and/or other applicable state laws. However, if the state density bonus concession/incentive is for an objective design standard in this Manual, it would be counted as one (1) of the four (4) allowed waivers under this section. b.Waiver Request. The waiver request must be made in writing as part of the application for the proposed project. The written justification for a waiver(s) must identify the design standard(s) that is requested to be waived and how the request meets the waiver findings listed below. July 19, 2023 Item #2 Page 25 of 76 Site Design Standards 2 July 19, 2023 Item #2 Page 26 of 76 Section 2 Site Design Standards2 July 19, 2023 Item #2 Page 27 of 76 2-1City of Carlsbad Citywide Objective Design Standards Manual Section 2 Site Design Standards 2 A. Site Layout and Building Placement. 1. Street Building Wall. If there is an existing contiguous building wall that has a consistent setback along the primary street frontage (maintaining the same building plane setback for at least 75% of the buildings on a single street block), then buildings shall be located to maintain the contiguous street wall and consistent front setback. Site design refers to the arrangement of – and relationships between – buildings, parking areas, common and private recreational space, and pedestrian connections. The site design standards in this chapter address site layout and building placement, vehicular surface parking and access, pedestrian circulation and access, landscaping, and private and common recreational space. Projects shall follow objective requirements of the base zone it is located in, such as setbacks and building height. 2. Common Recreational Space Adjacent to Primary Street – Projects with 50 or More Units. Projects of 50 units or more shall include at least one on-site common recreational space located outdoors and adjacent or visible from the primary street. The common recreational space should provide an opportunity for resident interaction, such as a courtyard, picnic/sitting area, or play area. This gathering space counts towards the requirements of Section 2.D, Common Recreational Space – Projects of 20 or More Units. Site Design Standards July 19, 2023 Item #2 Page 28 of 76 May 2023 Public Review Draft Section 2 Site Design Standards 2-2 2 1. Access and Driveways a. Primary Access. Side street or alley access shall serve as the primary vehicular access to parking and carport areas, if available. If not available, the primary street shall provide vehicular access. b. Number of Access points. A maximum of one vehicle access point from the street is permitted per 100 linear feet of street frontage. Figure 1: Enhanced paving treatments shall be provided for entry driveways (2.B.3.c) B. Vehicular Parking and Access. Vehicular access and parking shall be designed as follows, unless the Fire Department determines that doing so would endanger the public welfare and safety. Refer to the Chapter 21.44, Parking, of the Carlsbad Municipal Code for additional parking and access regulations. c. Enhanced Paving for Entry Driveways. Entry driveways connecting public streets to the interior of the site shall use enhanced paving treatment with patterned and/or colored pavers, brick, or decorative colored and scored concrete, a minimum of 12 feet deep, and spanning the width of the driveway. Width o f t h e D r i v e w a y Decorative Paving at Pedestrian Crossings 12 Fe e t Mini m u m July 19, 2023 Item #2 Page 29 of 76 2-3City of Carlsbad Citywide Objective Design Standards Manual Section 2 Site Design Standards 2 2. Number of Parking Spaces. The provisions of Section 21.44.020, Off-Street Parking Spaces Required, of the Carlsbad Municipal Code shall be implemented except as defined by Section 65585 of the Government Code: 3. Traffic Calming Measures – Private Streets. Projects with privately owned or maintained streets shall implement four traffic calming measures and techniques from the City’s Residential Traffic Management Program (Phase II or Phase III) throughout the project. Examples of such traffic calming tools include speed tables and speed cushions, high visibility crosswalks, and intersection bulb-outs. 4. Passenger Pick-up and Drop-off Location - Projects with 50 or More Units. Projects with 50 or more units shall provide at least one pick-up and drop-off location located within 100 feet of a common recreational space (such as a community clubhouse or pool), or located within 100 feet of a vehicular access point. The passenger loading space shall be at least the size of a standard parking space and shall be clearly marked and visible from an entry driveway (access point) into the site. Pick-up and drop- off locations shall incorporate a minimum of one bench and one shade structure. 5. Vehicle Light Intrusion. Vehicle parking areas shall be located, oriented, and/or screened to prevent visual intrusion of vehicle lights into habitable residential spaces. Where parking areas are located within 15 feet of a residential unit, they shall be located within a garage, carport, or parking structure, or screened by a solid wall, fence, or landscaping a minimum of six feet in height. July 19, 2023 Item #2 Page 30 of 76 May 2023 Public Review Draft Section 2 Site Design Standards 2-4 2 c. Landscaping. See Section 2.F, Landscaping, for landscaping requirements adjacent to pedestrian walkways. D. Common Recreational Space - Projects of 20 or More Units. Projects of 20 or more units shall provide on-site common recreational spaces at a minimum of 100 square feet per unit. Common recreational space include amenities accessible to all residents such as play areas, community center, courtyards, gathering and picnic spaces, rooftop lounges, multi-use paths/trails, pocket parks, athletic/recreational courts or gyms, dog runs and enclosures; pools and spas; and community gardens. An applicant may provide on-site common recreational space through an amenity not on this list if it is readily accessible by all residents for recreation and social purposes. 1. Minimum Dimensions. Except for pocket parks and multi-use paths and trails, common recreational spaces shall be continuous space with no less than 15 feet in any given direction. a. Pocket Parks. Pocket parks shall have a minimum width of 50 feet in at least one direction. b. Exemption for Multi-Use Paths and Trails. Multi-use paths and trails are not subject to the minimum dimension requirement of 15 feet. 2. Visibility. Common recreational space shall be located and arranged to allow visibility into the space from pedestrian walkways on the interior of the site. Fencing or barriers shall be designed with transparency to allow visibility. C. Pedestrian Circulation and Access. 1. General. Paved or hardscape on-site pedestrian circulation and access shall be provided according to the following standards: a. Pedestrian walkways shall connect residential units to areas throughout the site, such as vehicle parking areas, bicycle parking areas, common recreational space, waste and recycling enclosures, and other amenities. b. Pedestrian walkways shall connect public sidewalks to all building entrances and vehicle parking areas. c. Pedestrian walkways shall connect building entrances through the site interior to all transit stops directly adjacent to the project. d. Pedestrian walkways shall connect multiple buildings throughout the site. 2. Pedestrian Walkways. Pedestrian walkways shall be provided with a minimum width of five feet along the entire length, according to the following standards: a. Materials. Walkways shall be constructed of firm, stable and slip-resistant materials such as poured-in-place concrete (including stamped concrete), permeable paving, or concrete pavers. b. Enhanced Paving for Pedestrian Crossings. Where a pedestrian walkway intersects with a vehicle accessway, enhanced paving treatment using patterned and/ or colored pavers, brick, or decorative colored and scored concrete shall be used. Pedestrian crossings shall feature enhanced paving with a minimum width of five feet, and span the length of the intersecting drive area. July 19, 2023 Item #2 Page 31 of 76 2-5City of Carlsbad Citywide Objective Design Standards Manual Section 2 Site Design Standards 2 Figure 2: Private recreational space shall be provided for each residential unit and may include balconies and decks for upper stories (2.E.3) E. Private Recreational Space. Private recreational spaces include amenities such as porches, patios, decks, and balconies. Where provided, private recreational spaces shall comply with the following requirements: 1. Minimum Dimensions. Private recreational space shall be a minimum of six feet in any direction. 2. Screening. Where private recreational space (such as a balcony or ground floor patio) is located within 15 feet of a window of an adjoining dwelling unit, railings, walls, and fencing shall be constructed with wood, metal, or glazing. Screening shall be constructed with limited openings to provide a minimum of 85 percent surface area screening (measured from the finished floor of the private recreational space to the top of the railing, fencing, or walls). Prope r t y L i n e 6 Feet Min Examples of private recreational space July 19, 2023 Item #2 Page 32 of 76 May 2023 Public Review Draft Section 2 Site Design Standards 2-6 2 1. Landscape Buffer. A landscape buffer of minimum five feet shall be located adjacent to all ground-level residential spaces to provide additional privacy and security for residents. The buffer shall be planted with shrubs which grow to or are maintained at a maximum height of four feet. 2. Pedestrian Walkways. Pedestrian walkways shall be flanked on both sides with landscaping, including, groundcover, and shrubs a maximum of four feet in height. A tree shall be provided on either side of the walkway at a minimum of every 50 feet of walkway length. Regular alternating intervals of trees on both sides of all walkways may be provided where there is sufficient space to promote healthy tree growth and avoid root damage to adjacent hardscape elements. 3. Plant Selection. Projects shall utilize plant materials consistent with the requirements of the Carlsbad Landscape Manual and any applicable permit conditions. 4. Privacy. Landscape screening shall obscure direct sight lines into dwelling units and private recreational space from communal areas such as parking areas, common mailboxes, and pedestrian walkways. Landscaping may be used in combination with walls, fencing, and/ or trellises to screen views where consistent with objective standards from the Carlsbad Landscape Manual. F. Landscaping Landscaping shall be utilized for all outdoor areas that are not specifically used for parking, driveways, walkways, patios, or recreational space. Projects shall comply with additional objective standards in the Carlsbad Landscape Manual and Chapter 18.50, Water Efficient Landscape, of the Carlsbad Municipal Code. Figure 3: A landscape buffer shall be located adjacent to all ground-level residential spaces (2.F.1-2.F.2) 5 Feet Min. Landscape buffer growing or maintained to 4 foot maximum height Prope r t y L i n e July 19, 2023 Item #2 Page 33 of 76 Building Design Standards 3 July 19, 2023 Item #2 Page 34 of 76 Section 3 Building Design Standards3 July 19, 2023 Item #2 Page 35 of 76 3-1City of Carlsbad Citywide Objective Design Standards Manual Section 3 Building Design Standards 3 Topics in this chapter include building massing and form, façade articulation, roof forms, building and unit entrances, fenestration, parking structure design, and building materials and colors. A. Building Form, Massing, and Articulation. Building form, massing and façade articulation facilitates the distinction of individual units, or groups of units, through varied heights, projections, setbacks, and recesses. Materials and colors emphasize changes and hierarchy in form. 1. Building Form and Hierarchy. Buildings greater than two stories shall be designed to differentiate a defined base; a middle or body; and a top, cornice, or parapet cap. Buildings two stories or less shall include a defined base and top. The “base” and “top” each shall not exceed two stories in height. This effect shall be achieved through at least two of the following for all buildings: a. Color, texture, or material changes. b. Variations, projections, or reveals in the wall plane. c. Variations in fenestration size or pattern. d. Decorative architectural details such as cornices and columns, or arcades. Building Design Standards Figure 4: The design of this building provides a defined base, middle, and top, through changes in colors, materials, and a second story projection in the wall plane (3.A.1) Variation/ projection in the wall plane Variation in fenestration size/pattern Base Middle Top July 19, 2023 Item #2 Page 36 of 76 May 2023 Public Review Draft Section 3 Building Design Standards 3-2 3 2. Wall Plane Variation. Building façades visible from the primary street shall not extend horizontally more than 40 feet in length without a two-foot variation in depth in the wall plane. Building entrances, unit entrances, upper-story setbacks, and projections such as stoops, porches, bays, overhangs, fireplaces, and trellises count towards this requirement. a. Upper Floor Area Reduction - Projects with 5 or More Units. The floor area for upper floors shall be a maximum of 90% of the ground floor area. The upper floor area shall not protrude over the first floor along the street frontage more than five feet. b. Horizontal Articulation. Walls visible from a public right-of-way shall not run in a continuous horizontal plane for more than 40 feet without incorporating articulating features such as glazing, overhangs, cornices, canopies, columns, pilasters, trellises, arches, or clearly defined projecting or recessed architectural elements. Figure 5: Building facades shall not extend horizontally more than 40 feet in length without a variation in the wall plane (3.A.2) 40 Feet Maximum 40 Feet Maximum 40 Feet Maximum CorniceUpper-Story Setback GlazingOverhang 2 Foot Min. July 19, 2023 Item #2 Page 37 of 76 3-3City of Carlsbad Citywide Objective Design Standards Manual Section 3 Building Design Standards 3 3. Corner Buildings. Corner buildings greater than two stories shall include one or more of the following features on both facades: a. An entry to ground-floor commercial uses or a primary building entrance located within 25 feet of the corner of the building. b. A different material application, color, or fenestration pattern of windows and doors from the rest of the façade located within 40 feet of the corner of the building. c. A change in height of at least 5 feet (taller or shorter) compared to the height of the abutting façade, located within 40 feet of the corner of the building. Figure 6: Corner buildings shall incorporate a building entrance, variation in materials, colors, or fenestration, or a variation in height (3.A.3) Entry located within 25 feet of the building corner Different material color, or fenestration pattern located within 40 feet of the building corner A change in height of at least 5 feet located within 40 feet of the building corner 5 Feet Minimum July 19, 2023 Item #2 Page 38 of 76 May 2023 Public Review Draft Section 3 Building Design Standards 3-4 3 Figure 7: Roof lines shall not extend horizontally more than 40 feet in length without a prominent change in roof form, variation in architectural elements, or a variation in roof height (3.A.4) 4. Roof Line Variation. Roof lines shall not extend horizontally more than 40 feet in length without at least one prominent change as described below: a. Provide variation in roof form, such as hipped, gable, shed, flat, and mansard. b. Provide variation in architectural elements, such as parapets, varying cornices, chimneys, and reveals. c. Provide variation of roof height of at least 18 inches (as measured from the highest point of each roof line). 5. Flat Roofs and Parapets. Parapets shall be provided around the perimeter of a flat roof. a. Rooftop equipment shall be located a minimum of five feet away from any roof edge and parapet adjacent to a public right-of-way. b. Interior side of parapet walls shall not be visible from a common recreational space or public right-of-way. c. Parapets shall be capped with precast treatment, continuous banding, projecting cornices, dentils, or similar edge treatment. 6. Garages. Garage doors shall be recessed into the garage wall a minimum of four inches to accentuate shadow patterns and relief. Garages shall not be located adjacent to the primary street unless there is no other driveway access available onsite for residential parking. Example of variation in architectural elements Example of variation of roof form and height change of at least 18 inches 18 Inches Min. July 19, 2023 Item #2 Page 39 of 76 3-5City of Carlsbad Citywide Objective Design Standards Manual Section 3 Building Design Standards 3 B. Building and Unit Entrances. Entrances for buildings and individual units shall incorporate architectural treatments e.g., feature window details, towers, decorative veneer or siding, porches, stoops) and/or changes in roof line or wall planes. 1. Common Building Entrance. Common building entrances shall include weather protection that is a minimum 6 feet wide and 4 feet deep by recessing the entrance, or providing an awning or similar weather protection element. Common building entrances shall provide a minimum of 40 square feet of decorative and accent paving that contrast in color and texture from the adjacent pedestrian walkway paving. a. Street-Facing Entrance. Buildings located adjacent to the primary street shall incorporate at least one pedestrian entrance directly from the public sidewalk or right-of-way. b. Non-Street-Facing Entrance. Buildings not located adjacent to a street shall have common building entrances oriented to face parking areas, internal pedestrian walkways, or common Figure 8: Buildings not located adjacent to a primary street can have common building entrances oriented to face common recreational spaces (3.B.1.b) Street-Facing Entrance Non-Street-Facing Entrance recreational space areas such as landscaped courtyards, plazas, or paseos. Entrances July 19, 2023 Item #2 Page 40 of 76 May 2023 Public Review Draft Section 3 Building Design Standards 3-6 3 Figure 9: Individual residential unit entrances located on the ground floor shall be a porch or other entrance type (3.B.2.a.1) Prima r y S t r e e t Street-facing porch or patio 2. Individual Unit Entrance. a. Ground-Floor Unit Entrance. Residential entrances located on the ground floor shall include one or more of the following: 1. Entrance Types. Allowable unit entrance forms include: porch, stoop, patio, terrace, forecourt, and courtyard. 2. Weather Protection. Entrances shall have either a projected sheltering element or be recessed from the main facade; the projection or recess shall have a minimum depth of 24 inches. b. Upper-Floor Unit Entrance. Exterior entrances to individual units on upper floors are permitted. No exterior access corridor providing access to upper-floor units shall be longer than 40 horizontal feet, to avoid a “motel-style” appearance. July 19, 2023 Item #2 Page 41 of 76 3-7City of Carlsbad Citywide Objective Design Standards Manual Section 3 Building Design Standards 3 Figure 10: Individual unit entrances shall have weather protection, either in the form of a recessed entrance (left) or a projected element (right) (3.B.2.a.2) Recessed sheltering element Projected sheltering element 24 Inch Min. 24 Inch Min. July 19, 2023 Item #2 Page 42 of 76 May 2023 Public Review Draft Section 3 Building Design Standards 3-8 3 C. Windows and Doors. 1. Privacy. Where buildings are located within 10 feet of one another, window design on the building facades adjacent to one another shall avoid unfiltered/direct views into the site and shall be designed with one or more of the following: a. Utilize non-transparent or obscured glazing, such as frosted/patterned glass, glass block, or non- operable opaque windows. Reflective glazing is not permitted. b. Provide permanent architectural screens or affixed louvers at windows. c. Utilize clerestory windows a minimum height of 6 feet from the ground. Figure 11: Window privacy from direct line-of sight into close, adjacent buildings can be provided in various ways (3.C.1) 6 Feet Min. Non-Transparent/ Obscured Glazing Architectural Screen/ Affixed Louver Clerestory Window July 19, 2023 Item #2 Page 43 of 76 3-9City of Carlsbad Citywide Objective Design Standards Manual Section 3 Building Design Standards 3 2. Window Treatment. Windows shall either be recessed at least two inches from the plane of the surrounding exterior wall, or shall have a trim or windowsill at least two and a half inches in depth. a. Windows Facing a Public Street or Common Recreational Spaces. Windows within 40 feet of public right-of-way or common recreational spaces shall feature enhanced window treatments, such as decorative lintels, trim, shutters, awnings, and/or trellises. b. Window Shutters. Exterior window shutters, when used, shall match the size and shape of adjacent window openings. Figure 12: Windows shall either be recessed from the wall plane (left) or shall have a surrounding trim or windowsill (right) (3.C.2) Depth of Recessed Window Depth of Trim or Windowsill 2 Inches Minimum Recess 2.5 Inch Minimum Trim or Sills July 19, 2023 Item #2 Page 44 of 76 May 2023 Public Review Draft Section 3 Building Design Standards 3-10 3 D. Materials and Colors. 1. Variation Between Buildings – Projects with Multiple Buildings. For projects with multiple buildings, the colors and materials of exterior walls, doors, and accents such as window trim shall vary for each building. 2. Consistency Between Elevations. The materials, colors, and styles of windows, doors, roofs, decks, balconies, exterior staircases, porches, and any façade treatment shall be used on more than one elevation of a building. 3. Wall Material. The primary exterior siding material for buildings shall be wood, stone, brick, stucco, fiber cement, composite wood or stone. Plywood is prohibited. 4. Chimneys. Chimneys shall either be painted the same color as the exterior wall or constructed with the same materials present on other accents or elements of the facade. 5. Material Transition. Changes in material shall occur at inside corners of intersecting walls or at architectural features that break up the wall plane, such as columns. 6. Accent Material. Use of two or more accent materials such as glass, tile, brick, stone, concrete, or plaster, which differ from the primary exterior siding material, shall be incorporated to highlight building features. July 19, 2023 Item #2 Page 45 of 76 Additional Mixed-Use Standards4 July 19, 2023 Item #2 Page 46 of 76 Section 4 Additional Mixed-Use Standards4 July 19, 2023 Item #2 Page 47 of 76 4-1City of Carlsbad Citywide Objective Design Standards Manual Section 4 Additional Mixed-Use Standards 4 The following standards shall be implemented by mixed-use projects in addition to the standards in Section 3, Building Design Standards. Topics in this chapter specifically remedy potential conflicts and considerations derived from the integration of various uses. The following standards are broken into vertical mixed-use and horizontal mixed-use; all standards apply to structures that contain both vertical and horizontal mixed-uses. A. Vertical Mixed-Use. The following standards apply to all vertical mixed-use buildings where there are multiple uses (e.g. residential and non-residential) on different floors of the same building. 1. Ground Floor Use and Activity. In addition to non-residential uses, common recreational spaces, amenities, and leasing offices are allowed in the ground floor space and within 20 feet of the building frontage along the primary street. Residential dwelling units shall not be located within the ground floor space and within 20 feet of the building frontage along the primary street. 2. Ground Floor Height. Mixed-use buildings shall incorporate a minimum ground floor height (measured from floor to floor) of 12 feet. Additional Mixed-Use Standards July 19, 2023 Item #2 Page 48 of 76 Section 4 Additional Mixed-Use Standards4 May 2023 Public Review Draft4-2 3. Ground Floor Transparency. Mixed-use buildings located adjacent to the primary street shall include windows and doors for a minimum of 50% of the building area located between three and seven feet above the height of the sidewalk. The area of signage and posters within a window display shall not count towards this requirement. a. Parking garages are not required to meet the ground floor transparency requirement. b. Transparent or translucent glazing is required on the ground floor façade. Opaque, reflective, or dark tinted glass that obstructs interior views at the street level is not permitted. Figure 13: To support a pedestrian-friendly environment, mixed-use buildings shall maintain transparent windows and doors along 50% of the street-facing wall area between three and seven feet above the sidewalk (4.A.3) A 50% minimum of the area 3 - 7 feet above the sidewalk is transparent windows or doors July 19, 2023 Item #2 Page 49 of 76 4-3City of Carlsbad Citywide Objective Design Standards Manual Section 4 Additional Mixed-Use Standards 4 4. Product Displays. The bottom of any product display window shall be between 18 to 36 inches in height, measured from the height of the sidewalk. Product display windows shall be internally lit. 5. Ground Floor Pedestrian Scale. Mixed- use building facades located adjacent to the primary street shall provide two of the following for every 40 feet in façade length. a. An awning, canopy, or other shade/ weather protection structure a minimum of 10 feet in height. 1. If provided as one continuous awning, canopy, or other shade/weather protection structure, the structure shall extend a minimum of 10 feet in length. 2. If provided as multiple awnings, canopies, or other shade/ weather protection structures, the structure shall be provided at a minimum over every window. b. A change in exterior wall material, consistent with Section 3.D, Materials and Colors. c. Planter boxes located under each window or on either side of entry doors, each a minimum of 4 feet in length. d. Signage projecting from the building façade wall at a perpendicular angle, or signage attached to a fixed canopy or awning. B. Horizontal Mixed-Use. The following standards apply to all horizontal mixed-use developments where there are multiple uses (e.g. residential and non-residential) in different buildings within the same project or development site: 1. Pedestrian Circulation. Pedestrian walkways shall connect multiple buildings throughout the site, as per Section 2.C, Pedestrian Circulation and Access. 2. Access to Common Recreational Spaces. Commercial tenants, visitors, and residents may be given access to the same common recreational spaces, or separate common recreational spaces. 3. Nuisances and Hazards. Buildings shall be located and sited in compliance with objective standards in the Carlsbad Municipal Code as related to noise, vibration, odor, glare, and other nuisances and hazards. 4. Loading and Service Areas. All required loading and service areas shall be located on a façade other than the primary building frontage, and/or at the rear or side of the site. Loading and service areas shall be located so as to not disrupt or block the flow of onsite and offsite vehicular traffic. Loading and service areas shall not be located within 50 feet of residential dwelling units or common recreational space areas and shall be visually screened from the public right-of-way with walls, solid fencing, and/or dense evergreen vegetation. Refer to Chapter 10.40, Stopping, Standing, and Parking, of the Carlsbad Municipal Code for loading requirements. July 19, 2023 Item #2 Page 50 of 76 Section 4 Additional Mixed-Use Standards4 May 2023 Public Review Draft4-4 July 19, 2023 Item #2 Page 51 of 76 Utilitarian Design Standards 5 July 19, 2023 Item #2 Page 52 of 76 Section 5 Utilitarian Design Standards5 July 19, 2023 Item #2 Page 53 of 76 5-1City of Carlsbad Citywide Objective Design Standards Manual Section 5 Utilitarian Design Standards 5 A. Bicycle Parking. 1. Short-term Bicycle Parking. Short-term bicycle parking shall be provided to serve residents, shoppers, customers, messengers, guests, and other visitors to a site, who generally stay for a short period of time. a. Required Number of Spaces. Short-term bicycle parking shall be provided in the form of permanent bicycle racks at the rate of one rack space per every ten residential units and one rack space per every 1,000 square feet of non- residential space. The following standards relate to the operational fixtures and structures of multifamily residential and mixed-use buildings. b. Location. Racks shall be located within 100 feet of a residential unit, or within 100 feet of a common building entrance to the building it serves. One rack may serve multiple tenants or buildings if the distance requirement is met. Bicycle racks and associated bicycle maneuvering shall not impede upon the public right-of- way so as to impede accessible paths of travel. c. Security. Bicycle parking spaces shall be provided with a stationary, securely- anchored rack or object to which a bicycle frame and one wheel can be secured. Utilitarian Standards July 19, 2023 Item #2 Page 54 of 76 Section 5 Utilitarian Design Standards5 May 2023 Public Review Draft5-2 2. Long-term Bicycle, E-bike, E-scooter Parking – Projects of More Than 20 Units. Long-term bicycle parking shall be provided to serve residents, employees, students, commuters, and others who generally stay at a site for a long period of time. Long-term bicycle, E-bike, and E-scooter parking shall be provided for projects of more than 20 units. a. Required Number of Spaces. Long-term bicycle parking shall be provided at a rate of one rack space per every five residential units. b. Location and Security. Secure, long-term bicycle, E-bike, and E-scooter parking areas shall be located in an enclosed bicycle locker; a fenced, covered, locked, or guarded bicycle storage area; or a rack or stand inside a building or site area requiring key access. A garage or carport for an individual residential unit may fulfill this requirement. 1. Where the bicycle parking area is not visible from the common building entrance, signs located at a common building entrance shall identify the location of bicycle parking. 2. Bicycle parking areas shall be covered (e.g. inside buildings, garages, bike lockers, under roof overhangs). 3. Long-term bicycle parking facilities shall not be visible from the public right-of-way. c. Size and Accessibility. Each long-term bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible without moving other bicycles. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian walkways. Five feet of clearance shall be provided from vehicle parking spaces. B. Community Delivery Center – Projects of 20 or More Units. For all developments 20 units and larger, a delivery room, consolidated mailbox, or mail pick-up and drop-off locationshall be provided. This amenity shall be located centrally to maximize access for all occupants of the development and have direct access to the public right-of-way for delivery personnel. C. Fences and Walls. Fences and walls shall be constructed of materials such as wood, wrought iron, or masonry and shall be a different color than the exterior wall of the building(s). Chain link fencing is prohibited. Where fences and walls of different materials or finishes intersect, an architectural transition or break (such as a pier, post, column or pilaster) shall be provided. Refer to the Carlsbad Municipal Code for additional regulations associated with fences and walls. July 19, 2023 Item #2 Page 55 of 76 5-3City of Carlsbad Citywide Objective Design Standards Manual Section 5 Utilitarian Design Standards 5 D. Lighting. Outdoor light fixtures, including pole lights, wall-mounted lights and bollards shall be fully-shielded and downward-facing in order to minimize glare and light trespass within and beyond the project site. 1. All areas for pedestrian and vehicular circulation, entrances, parking, and common recreational spaces shall incorporate lighting programmed with dusk to dawn lighting for safety and security. 2. Energy-efficient fixtures incorporating light emitting diode (LED) lamps or equivalent energy-efficient fixtures shall be used. E. Equipment and Utility Screening. Wall-mounted utility elements such as wires, conduits, junction boxes, transformers, ballast, backflow devices, irrigation controllers, switch and panel boxes, and utilities such as gas and electrical meters shall be located at interior corners of building walls, or behind building or landscape elements that conceal them from the view of pedestrian walkways. F. Trash and Refuse. Trash and refuse areas shall be located within a building, incorporated into the exterior building design, or located within a detached enclosure designed and placed as follows: 1. Location. The enclosure shall be located to the rear or side of the building, within 500 feet of an access point to the units served and located outside of view from a public right-of-way. 2. Screening. The enclosure shall be enclosed within a solid wall without breaks or transparency, and having gate or door. 3. Materials. The enclosure shall incorporate the same materials and colors of the primary building design. G. Wall-Mounted Utility Elements. All wall-mounted elements shall be located at interior corners of building walls or behind building elements that conceal them from the view of pedestrian walkways . All flashing, sheet metal vents, exhaust fans/ventilators, downspouts, and pipe stacks shall be painted to match the adjacent roof or wall material and/or color. H. Signs. Sign design shall comply with the objective requirements of Chapter 21.41, Sign July 19, 2023 Item #2 Page 56 of 76 Section 5 Utilitarian Design Standards5 May 2023 Public Review Draft5-4 July 19, 2023 Item #2 Page 57 of 76 Definitions A July 19, 2023 Item #2 Page 58 of 76 DefinitionsA July 19, 2023 Item #2 Page 59 of 76 City of Carlsbad Citywide Objective Design Standards Manual Definitions A The following terms are defined below and found throughout this Manual in italicized font. Alley. A public thoroughfare or way having a width of not more than 20 feet which affords only a secondary means of access to abutting property. Arcade. A series of arches carried by columns or piers, a passageway between arches and a solid wall, or a covered walkway providing access to building entrances. Awning. An architectural fabric or metal projection that provides weather protection, building identity, or decoration, and is wholly supported by the building to which it is attached. An awning is typically comprised of a lightweight frame structure over which a cover is attached. Balcony. An external extension of an upper floor of a building, enclosed by a solid or transparent screen, balusters, or railings. Carport. A structure, or portion of a structure, accessible to vehicles, with a solid weatherproof roof that is permanently open on at least two sides, used as vehicle parking and/or outdoor storage. Clerestory. An upper story or row of windows rising above the adjoining parts of the roof, designed to admin increased light into the inner space of the building. Cornice. The uppermost division of an entablature; a projecting shelf along the top of a wall supported by a series of brackets; the exterior trim at the meeting of a roof and wall, consisting of soffit, fascia, and crown molding. Courtyard. Any portion of the interior of a lot or building site which is wholly or partially surrounded by buildings, and which is not a required front, side, or rear yard. Downspout. A vertical pipe that carries water from the roof gutters to the ground or cistern. Elevation. The view of the front, back, or side of a building; or an architectural drawing of one of these views showing architectural and design features, and the relationship of grade to floor level. Façade. The exterior face of a building. Fenestration. The arrangement, proportioning, and design of windows, doors, and other exterior openings in a building. Fully-Shielded. A term describing a light that is constructed so that light rays directly emitted by the fixture are projected below a horizontal plane running through the lowest point on the fixture where light is emitted. Definitions A-1July 19, 2023 Item #2 Page 60 of 76 DefinitionsA May 2023 Public Review Draft Horizontal Mixed-Use. A term applied where multiple types of uses (e.g. residential and non-residential) occur in different buildings within the same project or development site. Housing Development Project. As defined by California Code Section 65589.5. Lintel. The horizontal beam that forms the upper structural member of an opening for a window or door and supports part of the structure above it. Objective Design Standards. Standards which involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion. Paseo. A recreational space that serves as a pedestrian connection and passive landscape between two separate streets. Parapet. A low protective wall or railing along the edge of a roof, balcony, or similar structure; in an exterior wall, the part entirely above the roof. Pilaster. A partial pier or column, often with a base, shaft, and capital, that is embedded in a flat wall and projects slightly; may be constructed as a projection of the wall itself. Primary Street. A primary street in relation to an existing or proposed site is the right-of-way with the higher street classification according to the city’s General Plan Mobility Element, and which generally carries the greater volume of vehicular traffic. Side Street. A street which is adjacent to a corner lot and which extends in the general direction of the line determining the depth of the lot. See Chapter 21.04, Definitions, of the Carlsbad Municipal Code. Vertical Mixed-Use. A term applied where multiple types of uses (e.g. residential and non-residential; retail and office) occur on different floors of the same building. A-2 July 19, 2023 Item #2 Page 61 of 76 Exhibit 4 RESOLUTION NO. . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A LOCAL COASTAL PROGRAM AMENDMENT TO UPDATE THE LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN (ZONING ORDINANCE, TITLE 21 OF THE CARLSBAD MUNICIPAL CODE) TO DEVELOP THE CITYWIDE OBJECTIVE DESIGN STANDARDS FOR MULTIFAMILY HOUSING AND MIXED-USE DEVELOPMENT PROJECTS IMPLEMENTING HOUSING ELEMENT PROGRAM 1.11. CASE NAME: CITYWIDE OBJECTIVE DESIGN STANDARDS CASE NO: ZCA 2020-0003, LCPA 2020-0007, PUB 2020-0004 WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to the provisions of the Municipal Code, the Planning Commission did, on July 19, 2023, hold a duly noticed public hearing as prescribed by law to consider Planning Commission Resolution [No.], recommending approval of Local Coastal Program Amendment LCPA 2020-0007; and the Planning Commission adopted Planning Commission Resolution [No.] recommending to the City Council that LCPA 2020-0003 be approved; and WHEREAS, the City Council, on Aug. 29, 2023, held a duly noticed public hearing to consider LCPA 2023-0016 as recommended by the Planning Commission; and WHEREAS, pursuant to California Coastal Commission regulations, a six-week public review period for LCPA 2023-0017 began on May 26, 2023 and ended on July 7, 2023; no comments were received during the review period; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to LCPA 2020- 0007. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the recommendation of the Planning Commission for approval of LCPA 2020-0007 to amend the Carlsbad Local Coastal Program Implementation Plan is approved, and the findings of the Planning Commission contained in Planning Commission Resolution [No.], on file with the City Clerk and incorporated herein by reference, are the findings of the City Council. July 19, 2023 Item #2 Page 62 of 76 3. This action is final the date this resolution is adopted by the City Council. The provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial Review,” shall apply: “NOTICE” The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chanter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the 90th day following the date on which this decision becomes final; however, if within 10 days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the 30th day following the date on which the record is either personally delivered or mailed to the party, or the party’s attorney of record, if the party has one. A written request for the preparation of the record of proceedings shall be filed with the Office of the City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ________, 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: _____________________________________ KEITH BLACKBURN, Mayor ______________________________________ SHERRY FREISINGER, City Clerk (SEAL) July 19, 2023 Item #2 Page 63 of 76 Page 1 DRAFT CHAPTER 21.88: MULTIFAMILY HOUSING AND MIXED-USE DEVELOPMENT - OBJECTIVE DESIGN STANDARDS Contents: 21.88.010 Purpose and Intent 21.88.020 Eligibility 21.88.030 Additional Provisions 21.88.040 Incorporation of the Multifamily Housing and Mixed-Use Development Objective Design Standards Manual by Reference 21.88.040 Severability 21.88.010 Purpose and Intent The purpose of the objective design standards of this chapter is to provide the public, building and design professionals, and decision-makers with objective criteria for eligible new residential and mixed-use development in the city. The intent is to provide clear design direction that enhances an area’s unique character and sense of place, allows design flexibility, and promotes construction of new housing in the city. 21.88.020 Eligibility A.The following sections provides objective design standards required for use in the review of“developments” governed by California Government Code Section 65913.4 (Streamlined Ministerial Approval Process) and “housing development projects” as governed by CaliforniaGovernment Code Section 65589.5 (Housing Accountability Act). These sections detail the review processes required for projects that provide, generally, either affordable or market rate multifamilyhousing development projects with at least two units or mixed-use development projects with at least two thirds square footage designated for residential uses. For full eligibility criteria, see theCalifornia Government Code sections listed above or the city’s development application materials. B.These objective design standards are intended to apply exclusively to multifamily and mixed-useresidential developments that consist of at least two attached dwelling units. These objective designstandards do not apply to any other land development type, including a detached dwelling unit.Developments proposing detached dwelling unit product types or any other land development types are subject to the applicable objective standards found in other relevant regulatory documents andsections of code. C.Modification or expansion of an existing conforming structure used for multifamily housing or mixed-use development that includes attached units is also eligible to use applicable standards of the Multifamily Housing and Mixed-Use Development Objective Design Standards Manual. 21.88.030 Additional Provisions A.Other Applicable Objective Standards. Eligible projects must comply with all other objectivestandards in the Carlsbad Municipal Code for topics on which Chapter 21.88 is silent. B.Waivers. A project applicant may request up to four (4) waivers to the applicable objective designstandards provided in the Multifamily Housing and Mixed-Use Development Objective Design Exhibit 5 July 19, 2023 Item #2 Page 64 of 76 City of Carlsbad Municipal Code DRAFT Chapter 21.88 Multifamily Housing and Mixed-Use Development - Objective Design Standards Page 2 Standards Manual without the requirement for an additional application. The waiver process set forth in this section is a separate process from the concessions/incentives and waiver process pursuant to Density Bonus Law (Govt Code Section 65915) and/or other applicable state laws. However, if the state density bonus concession/incentive or waiver is for an objective design standard in Section 21.88.030, it would be counted as one (1) of the four (4) allowed waivers under this section. 1.The request must be made in writing as part of the application for the proposed project.The written justification for a waiver(s) must identify the design standard(s) that is requested to be waived and how the request meets the waiver findings listed below. 2.Waiver Findings. The decision maker will consider the request and information providedand make findings to approve or deny the request. A waiver shall be granted only if all thefollowing findings are made: a.The proposed project meets the intent of the design standard under consideration,or a similar design standard is implemented in substitution. b.The project meets the allowed density with the proposed waiver(s). C.Conflicting Standards. It is the intent of these objective design standards that all qualifying building and construction projects to the exterior of a building achieve design conformance with theobjective standards provided in this document. If there is any conflict between these objective design standards and other applicable standards, the standards provided in the Multifamily Housingand Mixed-Use Development Objective Design Standards Manual shall prevail. Exception: Theobjective design standards specified in the applicable master plan or specific plan shall prevail ifsuch standards conflict with the standards of the Multifamily Housing and Mixed-Use Development Objective Design Standards Manual. 21.88.030 Incorporation of the Multifamily Housing and Mixed-Use Objective Design Standards Manual by Reference The City of Carlsbad’s Multifamily Housing and Mixed-Use Development Objective Design Standards Manual is incorporated by reference into this chapter. 21.88.040 Severability Should any section, subsection, sentence, clause, or phrase of the ordinance codified in this chapter be held for any reason to be invalid or unconditional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. The City Council declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause, and phrase thereof irrespective of the fact that any part thereof be declared invalid or unconditional. July 19, 2023 Item #2 Page 65 of 76 From:Shon Finch To:Shelley Glennon Subject:RE: Citywide Objective Design Standards project - Comments due Monday June 19th Date:Monday, June 19, 2023 9:57:13 AM Attachments:emailsignature-aboutfairfieldbutton-01_22e9699f-6b84-4dab-9f3c-db4ad3e39fd6.png Hi Shelley, I am emailing to provide comments related to Carlsbad’s Draft Citywide Objective Design Standards. The following comments are specific to how the proposed guidelines may impact high density development (40 du/acre). Sec. 2 A. 2 – Does the term “neighborhood interaction” seek to have a project/community’s common recreational space open to the public (non-residents)? If so, a 30-40 du/acre development would have a difficult time satisfying this requirement. Sec. 2 B. 4 – The intent of this section makes sense and is appropriate. For high density development, loading and service areas would include a resident move-in/out parking area and a trash pick-up staging area. Often, this type of development includes ground floor units around most of the building perimeter. This makes It challenging to find a service/loading area that is 50’ away from a unit. A little more flexibility would be helpful. Sec. 2 E. 2. a. – The 10% floor area reduction (relative to the ground level) for all upper floors is very restrictive and punitive. If the intent of this requirement is to enhance building design and articulation, I think there are other options to achieve the same goal. Roof line variation, building face plane articulation and architectural elements are just a few effective enhancement options. Please contact me if you have any questions or would like to discuss further. Thank you Shon Finch Development Manager 5355 Mira Sorrento Place, Suite 100 San Diego, CA 92121 Office: 858.626.8263 Cell: 858.752.4122 fairfieldresidential.com View important disclosures and information about our e-mail policies here. CA DRE #01889456, CA DRE #02111582, License #2022-FBN-0018000 From: Shelley Glennon <Shelley.Glennon@carlsbadca.gov> Sent: Thursday, June 15, 2023 11:56 AM Subject: [EXTERNAL] Citywide Objective Design Standards project - Comments due Monday June Exhibit 6 July 19, 2023 Item #2 Page 66 of 76 19th Hello: Thank you to the stakeholders who were able to attend the stakeholder meeting on June 8, 2023. Your comments are appreciated. For all stakeholders, if you would like to submit written comments regarding the draft Citywide Objective Design Standards Project, please do so to me no later than the close of business on Monday June 19th. If you have any questions, please let me know. For more information, please visit the project website: https://www.carlsbadca.gov/departments/community-development/planning/citywide-objective- design-standards Thank you, Shelley Esteybar Glennon Associate Planner Community Development Department City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 shelley.glennon@carlsbadca.gov | www.carlsbadca.gov 442-339-2605 (office) | 442-339-2600 (general inquiries) planning@carlsbadca.gov (general inquiries) Instagram | Facebook | Twitter | You Tube | |Enews CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. July 19, 2023 Item #2 Page 67 of 76 PROJECT ANALYSIS Exhibit 7 (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) PROJECT ANALYSIS The project is subject to the following regulations: A.State Regulations B.General Plan C.Municipal Code (Title 21) D.Local Coastal Program E.Growth Management Program F.McClellan-Palomar Airport Land Use Compatibility Plan The recommendation for approval of this project was developed by analyzing the project’s consistency with the applicable regulations and policies. The project’s compliance with each of the above regulations is discussed in detail within the sections below. A.State Regulations State Regulations Analysis Housing Accountability Act (1982, amended 2018) (Government Code section 65589.5) – SB-167 was passed to prohibit local agencies from denying or render infeasible affordable housing projects without making specific findings based on substantial evidence. It requires that local jurisdictions expedite the production of affordable housing projects by requiring a streamlined review process and that the projects be approved or denied based solely on objective regulatory standards requirements. CA Senate Bill 35 (SB-35) (2017) (Housing Accountability & Affordability Act) SB-35 allows eligible projects to be approved through a streamlined ministerial approval process subject to objective regulatory standards and criteria and affordable housing requirements. CA Senate Bill 330 (SB-330) (2019)/SB 8 (2020) (Housing Crisis Act of 2019) Commonly referred to as the Housing Crisis Act of 2019, this law also requires jurisdictions to streamline the approval process for qualified multifamily housing projects based on objective regulatory standards but does not require ministerial approval. Therefore, the city cannot use subjective standards or guidelines that are subjective in nature to deny SB-35, SB-330, or other applicable projects subject to Government Code Section 65589.5 (Housing Accountability Act). Project Findings The project proposes objective design standards for eligible multifamily housing and mixed-use development projects subject to the state laws discussed above. This project will assist in the state’s mandatory streamlined review processes and the city will have in place standards that eligible projects must comply with. Pursuant to state law, the existing subjective design guidelines and standards within city documents (i.e. zoning ordinance, city policy documents, etc.) cannot be enforced for eligible projects. Therefore, these objective design standards will be implemented in replace of those subjective July 19, 2023 Item #2 Page 68 of 76 standards/guidelines and to ensure future development is designed to meet the existing community character. B. General Plan Consistency The proposed project is consistent with the General Plan as described in the table below: TABLE A – GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED PROJECT COMPLIANCE COMPLY? Housing Housing Element Program 1.11: Objective Design Standards - State law defines objective design standards as those that “involve no personal or subjective judgement 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 and public official prior to submittal.” The city is undertaking this project to conform with recent State law changes that require local jurisdictions to adopt objective standards and streamline the review and permitting processes for housing development. The project will establish objective design standards for eligible multifamily housing and mixed-use development projects citywide. These standards will be used in the streamlined permitting review process for both affordable and market-rate housing development projects, since objective design standards by definition, “do not require personal or subjective judgement by a public official…” The adoption of this project by September 2023 implements Housing Element Program 1.11 within the timeframe required. YES Housing Housing Element Policy 10.P.8 Develop and adopt objective design standards that will be used for all mixed use and multifamily housing projects See above explanation. YES Land use and Community Design Land Use and Community Design Element Goal 2-G.4 Provide balanced neighborhoods with a variety of housing types and density ranges to meet the diverse demographic, economic and social needs of residents, while ensuring a cohesive urban form with careful regard for compatibility. The project will assist in the streamline process for multifamily housing and mixed-use development projects that serve all income levels while still ensuring the design of these developments are compatible with the city’s existing community character. YES July 19, 2023 Item #2 Page 69 of 76 ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED PROJECT COMPLIANCE COMPLY? Land use and Community Design Land Use and Community Design Element Policy 2-P.6 Encourage the provision of lower and moderate-income housing to meet the objectives of the Housing Element. The project will encourage the provision of lower and moderate- income housing to meet the objectives of the Housing Element, specifically objective for Program 1.11, “Objective Design Standards.” Program 1.11 is intended to satisfy 30 low-income housing units by assisting in the streamlined permitting review process that requires an affordable housing component subject to state law (i.e. SB 35 eligible projects). YES C. Municipal Code (Title 21) Consistency The project proposes new Carlsbad Municipal Code (CMC) Title 21 Chapter 21.88: Multifamily Housing and Mixed-Use Development – Objective Design Standards. This proposed chapter will codify the proposed Multifamily Housing and Mixed-Use Development Objective Design Standards manual by incorporating it by reference. The chapter is consistent with the CMC Title 21 as discussed below: Proposed Chapter 21.88: Multifamily Housing and Mixed- Use Development – Objective Design Standards Project Compliance 21.88.010 Purpose and Intent The purpose of the objective design standards of this chapter is to provide the public, building and design professionals, and decision-makers with objective criteria for eligible new residential and mixed-use development in the city. The intent is to provide clear design direction that enhances an area’s unique character and sense of place, allows design flexibility, and promotes construction of new housing in the city. The purpose and intent of the new section does not conflict with any of the sections in the CMC Title 21, rather it is to clarify the chapter’s purpose and intent to provide clear design direction for eligible projects, ensure design of the buildings fit within the existing community character and promote the development of housing. This section is consistent with CMC Title 21. 21.88.020 Eligibility A. The following sections provides objective design standards required for use in the review of “developments” governed by California Government Code Section 65913.4 (Streamlined Ministerial Approval Process) and “housing development projects” as governed by Eligible projects as listed in this section are those projects subject to the streamlined ministerial review process (SB 35), streamlined limited discretionary review process (SB 330) and other projects subject to the July 19, 2023 Item #2 Page 70 of 76 California Government Code Section 65589.5 (Housing Accountability Act). These sections detail the review processes required for projects that provide, generally, either affordable or market rate multifamily housing development projects with at least two units or mixed-use development projects with at least two thirds square footage designated for residential uses. For full eligibility criteria, see the California Government Code sections listed above or the city’s development application materials. B. These objective design standards are intended to apply exclusively to multifamily and mixed-use residential developments that consist of at least two attached dwelling units. These objective design standards do not apply to any other land development type, including a detached dwelling unit. Developments proposing detached dwelling unit product types or any other land development types are subject to the applicable objective standards found in other relevant regulatory documents and sections of code. C. Modification or expansion of an existing conforming structure used for multifamily housing or mixed-use development that includes attached units is also eligible to use applicable standards of the Multifamily Housing and Mixed-Use Development Objective Design Standards Manual. Housing Accountability Act. It also specifies that projects must also consist of at least two attached dwelling units and that existing structures proposing modifications are also eligible. Eligible projects can be located in any zoning designation that allows for residential uses including mixed-use (residential) developments such as Chapters 21.08, .09, .10, .16, 18, .20, .22, .24, .25, .26, .28, .29, and .38. It can also include Planned Development residential uses (Chapter 21.45). Eligible residential development projects are required to comply with all objective regulatory standards within the existing zoning ordinance, including the proposed Chapter 21.88. Chapter 21.88 however only includes regulatory standards that involve building and site design; it does not include development standards such as building height, density, setbacks, etc., that are provided in the zoning designation. If there’s a conflict between the design standards in Chapter 21.88 and design standards in another chapter in the zoning ordinance, the design standard in Chapter 21.88 shall prevail as discussed in Section 21.88.030(C) “Conflicting Standards.” The proposed section is consistent with CMC Title 21. 21.88.030 Additional Provisions A. Other Applicable Objective Standards. Eligible projects must comply with all other objective standards in the Carlsbad Municipal Code for topics on which Chapter 21.88 is silent. B. Waivers. A project applicant may request up to four (4) waivers to the applicable objective design standards provided in the Multifamily Housing and Mixed-Use Development Objective Design Standards Manual without To ensure this section is implemented how it is intended, this section provides the necessary provisions needed to implement the objective design standards. It clarifies eligible projects are required to comply with all applicable regulatory objective standards. This section allows developers flexibility in design by providing up to July 19, 2023 Item #2 Page 71 of 76 the requirement for an additional application. The waiver process set forth in this section is a separate process from the concessions /incentives and waiver process pursuant to Density Bonus Law (Govt Code Section 65915) and/or other applicable state laws. However, if the state density bonus concession/ incentive or waiver is for an objective design standard in Section 21.88.030, it would be counted as one (1) of the four (4) allowed waivers under this section. 1. The request must be made in writing as part of the application for the proposed project. The written justification for a waiver(s) must identify the design standard(s) that is requested to be waived and how the request meets the waiver findings listed below. 2. Waiver Findings. The decision maker will consider the request and information provided and make findings to approve or deny the request. A waiver shall be granted only if all the following findings are made: a. The proposed project meets the intent of the design standard under consideration, or a similar design standard is implemented in substitution. b. The project meets the allowed density with the proposed waiver(s). C. Conflicting Standards. It is the intent of these objective design standards that all qualifying building and construction projects to the exterior of a building achieve design conformance with the objective standards provided in this document. If there is any conflict between these objective design standards and other applicable standards, the standards provided in the Multifamily Housing and Mixed-Use Development Objective Design Standards Manual shall prevail. Exception: The objective design standards specified in the applicable master plan or specific plan shall prevail if such standards conflict with the standards of the Multifamily Housing and Mixed-Use Development Objective Design Standards Manual. four waivers of individual standards provided that the findings are met. Lastly, it clarifies what actions need to occur if there’s conflicting standards in the objective design standards manual and in other applicable regulatory documents. The application of this section does not conflict with any provisions of the existing CMC Title 21 and therefore is determined to be consistent. 21.88.030 Incorporation of the Multifamily Housing and Mixed-Use Objective Design Standards Manual by Reference The City of Carlsbad’s Multifamily Housing and Mixed-Use Development Objective Design Standards Manual is incorporated by reference into this chapter. This section includes the proposed multifamily housing and mixed-use objective design standards manual by reference. This ensures that the objective design standards can include the required graphic examples that correspond with the related objective design standards July 19, 2023 Item #2 Page 72 of 76 while still ensuring the manual is codified by reference. The proposed objective design standards manual is consistent with CMC Title 21. 21.88.040 Severability If any section, subsection, sentence, clause phrase or part of this chapter is for any reason found by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter, which shall be in full force and effect. The city council hereby declares that it would have adopted this chapter with each section, subsection, sentence, clause, phrase or part thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or parts be declared invalid or unconstitutional. (Ord. CS-226 § I, 2013) Like several other chapters in Title 21, this proposed chapter includes a severability section. This section is included to ensure that if any part of the proposed chapter (including the proposed manual incorporated by reference) is determined to be invalid or unconstitutional, it cannot be implemented however, the validity of the remaining portions of this chapter shall remain and therefore implemented as necessary. This section is consistent with CMC Title 21. D.Conformance with the Local Coastal Program The project involves portions of the city constituting the Local Coastal Program and therefore requires a Local Coastal Program Amendment to be submitted to the California Coastal Commission for review and approval in accordance with the California Coastal Act. The project complies with the Local Coastal Program, including all applicable goals and policies of the General Plan and municipal code, as referenced above. E.Growth Management (CMC Chapter 21.90) There will be no impact to public facilities because the project is not proposing any construction and the proposed citywide objective design standards for multifamily housing and mixed-use development will facilitate and accommodate development at the density permitted on the site, therefore not impacting the existing Growth Management planned dwelling quantities or performance standards. G.McClellan-Palomar Airport Land Use Compatibility Plan The Project is subject to the policies and standards outlined in the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP) as portions of the city are located within the Airport Influence Area. The project was reviewed by the Airport Land Use Commission on July 6, 2023, and determined to be consistent with the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP) based upon the facts and findings summarized in the Consistency Determination letter provided to staff (see Exhibit 4). Specifically, the project does not propose any changes in land use zones, or allowable densities and does not involve any actual development that may impact any noise exposure contours or airspace protection boundaries. No further review is required. July 19, 2023 Item #2 Page 73 of 76 June 1, 2023 Ms. Shelley Glennon City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Re: Airport Land Use Commission Consistency Determination – Amendment to Municipal Code for Objective Design Standards, City of Carlsbad Dear Ms. Glennon: As the Airport Land Use Commission (ALUC) for San Diego county, the San Diego County Regional Airport Authority (SDCRAA) acknowledges receipt of an application for a determination of consistency for the project described above. The area covered by this project lies within the Airport Influence Area (AIA) for the McClellan-Palomar Airport - Airport Land Use Compatibility Plan (ALUCP). ALUC staff has reviewed your application and accompanying materials and has determined that it meets our requirements for completeness. In accordance with SDCRAA Policy 8.30 and applicable provisions of the State Aeronautics Act (Cal. Pub. Util. Code §21670-21679.5), ALUC staff will report to the ALUC that the proposed project is consistent with the McClellan-Palomar Airport ALUCP based upon the facts and findings summarized below: (1) The project involves an amendment to the municipal code to implement the citywide Objective Design Standards of site and building design for multi-unit housing and mixed-use development. The project does not propose any actual development nor does it involve any changes to land use zones or allowable densities. (2)The proposed project does not involve any actual development and, thus, does not impact any noise exposure contours. Future projects under the amendment must follow the noise exposure standards of the ALUCP. (3)The proposed project does not involve any actual development and, thus, does not impact any airspace protection boundaries. Future projects under the amendment must follow the airspace protection standards of the ALUCP. Exhibit 8 July 19, 2023 Item #2 Page 74 of 76 (4) The proposed project does not involve any actual development and, thus, does not impact any safety zones. Future projects under the amendment must follow the safety standards of the ALUCP. (5) The proposed project does not involve any actual development and, thus, does not impact any overflight notification requirements. Future projects under the amendment must follow the overflight notification standards of the ALUCP. (6) Therefore, the proposed project is consistent with the McClellan-Palomar Airport ALUCP. (7) A determination of consistency is not a “project” as defined by the California Environmental Quality Act (CEQA), Cal. Pub. Res. Code §21065, and is not a “development” as defined by the California Coastal Act, Cal. Pub. Res. Code §30106. The information above will be reported to the ALUC to confirm this letter at its public meeting on July 6, 2023. The determination of consistency will be final as of that meeting, unless the ALUC finds cause to delay such action, in which case a determination will be rendered within 60 days of the date of this letter, to be confirmed by additional correspondence. Any determination rendered by the ALUC is limited to the project plans and descriptions submitted with the application and is not transferable to any revision of this or any similar, future project involving a change in land use, in building or crane height, or in building area in excess of 10 percent (provided area increase does exceed ALUCP standards) of any prior ALUC determination. Any change or exceedance in these characteristics requires a new consistency determination prior to decision-making consideration by the local agency. Please contact Sid Noyce at (619) 400-2419 or snoyce@san.org if you have any questions regarding this letter. July 19, 2023 Item #2 Page 75 of 76 Yours truly, Ralph Redman Manager, Airport Planning cc: Amy Gonzalez, SDCRAA General Counsel Sjohnna Knack, SDCRAA Planning and Environmental Affairs Jamie Abbott, County of San Diego Airports July 19, 2023 Item #2 Page 76 of 76 Objective Design Standards: Citywide Shelley Glennon, Associate Planner Community Development July 19, 2023 1 MEETING AGENDA •Background •Applicability •Citywide Objective Design Standards Manual •Community Outreach •Conclusion •Staff Recommendation 2 Citywide Objective Design Standards 3 Excluding Village and Barrio Master Plan area PROJECT AREA CITYWIDE OBJECTIVE DESIGN STANDARDS AGENDA ITEM 2 VILLAGE AND BARRIO OBJECTIVE DESIGN STANDARDS AGENDA ITEM 3 Citywide Objective Design Standards BACKGROUND •State legislation •City of Carlsbad Housing Element •Program 1.11 - Objective Design Standards •Program 1.1 – Adequate RHNA Sites •SB2 Grant Funded •Citywide ODS will be regularly updated 4 Citywide Objective Design Standards APPLICABILITY •Application of Objective Design Standards –Streamlined Ministerial Review Process (Eligible projects) –Limited Discretionary Review Process (Eligible projects) –Standard Discretionary Review Process (All other projects as applicable) 5 Citywide Objective Design Standards 6 Multifamily 50% Affordable Housing Development Certain Mixed-Use projects with min. 2/3 Residential Uses Multifamily Development with GPA APPLICABILITY Office/ Commercial/ industrial projects Duplexes/Live- Work Projects Eligible Projects Not Eligible Citywide Objective Design Standards All Required Objective Standards 7 APPLICABILITY Citywide Objective Design Standards Objective Development StandardsObjective Design Standards (Municipal Code, Master Plans, Specific Plans, etc.) City of Carlsbad | 8 Objective Design Standards Manual Contents: •Introduction •Site Design Standards •Building Design Standards •Additional Mixed-Use Standards •Utilitarian Design Standards •Definitions Citywide Objective Design Standards City of Carlsbad | 9 Section 2: Site Design Standards Site Design Standards cover: •Site Layout and Building Placement •Vehicular Parking and Access •Pedestrian Circulation and Access •Recreational Space •Landscaping Citywide Objective Design Standards City of Carlsbad | Section 3: Building Design Standards Building Design Standards cover: •Building Form, Massing, and Articulation •Building and Unit Entrances •Windows and Doors •Materials and Colors Citywide Objective Design Standards City of Carlsbad | Section 4: Additional Mixed-Use Standards Additional Mixed-Use Standards cover: •Vertical Mixed-Use – when residential and non-residential uses exist within the same building. •Horizontal Mixed-Use – when residential and non-residential uses are located in separate buildings but within the same site or development. Citywide Objective Design Standards City of Carlsbad | Section 5: Utilitarian Design Standards Utilitarian Design Standards cover: •Bicycle Parking •Community Delivery Center (if applicable) •Fences and Walls •Lighting •Equipment and Utility Screening •Trash and Refuse •Wall-Mounted Utility Elements •Signs Citywide Objective Design Standards COMMUNITY OUTREACH - Project Webinar - Stakeholder Meeting - Webpage, Mailing List 13 Citywide Objective Design Standards Citywide Objective Design Standards will: •Help strengthen local design regulations •Ensures compatibility with existing community character •Reduce project costs/long timelines •Encourage residential construction for affordable and market-rate units CONCLUSION 14 Citywide Objective Design Standards That the Planning Commission RECOMMEND that the City Council introduce an ordinance and adopt a resolution approving the Village and Barrio Objective Design Standards Project STAFF RECOMMENDATION 15 Citywide Objective Design Standards Questions? 16 Excluding Village and Barrio Master Plan area Citywide Objective Design Standards