HomeMy WebLinkAbout2023-07-19; Planning Commission; Resolution 7489PLANNING 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
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.
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.
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.
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