HomeMy WebLinkAbout2023-09-12; City Council; ; Adoption of Ordinance No. CS-457 – Citywide Objective Design StandardsCA Review CKM
Meeting Date: Sept. 12, 2023
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Faviola Medina, City Clerk Services Manager
faviola.medina@carlsbadca.gov, 442-339-5989
Subject: Adoption of Ordinance No. CS-457 – Citywide Objective Design Standards
District: All
Recommended Action
Adoption of Ordinance No. CS-457 amending Carlsbad Municipal Code, Title 21 Zoning, to add
Chapter 21.88 and amend Chapter 21.45, to establish citywide objective design standards for
multifamily housing and mixed-use development projects pursuant to Housing Element
Program 1.11.
Executive Summary
The City Council is being asked to adopt Ordinance Nos. CS-457 amending Carlsbad Municipal
Code, Title 21 Zoning, to add Chapter 21.88 and amend Chapter 21.45, to establish citywide
objective design standards for multifamily housing and mixed-use development projects
pursuant to Housing Element Program 1.11.
The proposed amendments to the Zoning Ordinance establish the regulatory framework for
these objective design standards and incorporates the Multifamily Housing and Mixed-Use
Objective Design Standards Manual. The manual details the required objective standards
involving site design, building design, mixed-use development, and utilitarian1 development.
The Zoning Ordinance changes and design manual are intended to provide the public, building
and design professionals, as well as decisionmakers, with clear design direction that preserves
an area’s unique character and sense of place while ensuring predictable and consistent
application of established development standards, as required by state law. They also support
the goal in the City Council’s Strategic Plan to maintain Carlsbad’s community character. By
having enforceable design standards, the city can help ensure new multifamily and mixed-use
projects built in Carlsbad fit with the city’s character.
The proposed amendments will bring the Zoning Ordinance and the Local Coastal Program, the
planning document for the Coastal Zone, into compliance with the Housing Element as well as
1 Utilitarian standards relate to the operational fixtures and structures of multifamily housing and mixed-use
residential buildings.
Sept. 12, 2023 Item #7 Page 1 of 7
with state law. Amending the Local Coastal Program would enable the proposed Zoning
Ordinance amendment to also apply in the Coastal Zone. Because the Zoning Ordinance is part
of the Local Coastal Program Implementation Plan, an amendment to the Zoning Ordinance
also constitutes an amendment to the implementation plan.
These amendments are being presented to the City Council because such amendments to the
Zoning Ordinance and the Local Coastal Program require the approval of the City Council under
Carlsbad Municipal Code Section 21.52.050.
Explanation & Analysis
Ordinance No. CS-457 was introduced and first read at the City Council meeting held on
Aug. 29, 2023. On a motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member
Acosta, the City Council voted 5-0 to introduce Ordinance No. CS-457. The second reading
allows the City Council to adopt the ordinance, which will become effective 30 days after its
adoption in areas outside the Coastal Zone. In areas inside the Coastal Zone, the ordinance will
become effective 30 days after its adoption or upon Coastal Commission approval of the Local
Coastal Program Amendment, LCPA 2020-0007, whichever occurs later.
Fiscal Analysis
There is no anticipated fiscal impact from this item.
Next Steps
The City Clerk Services Manager will have the ordinance, or a summary of the ordinance,
published in a newspaper of general circulation within 15 days following its adoption of the
ordinance.
Environmental Evaluation
The City Planner determined that this project is exempt from the California Environmental
Quality Act under CEQA’s common sense exemption, Section 15061(b)(3), which applies to
projects which clearly do have the potential for causing a significant effect on the environment.
It can be seen with certainty that there is no possibility that the project may have a significant
effect on the environment. In making this determination, the City Planner has found that the
exceptions listed in Section 15300.2 of the CEQA Guidelines and Chapter 19.04 of the Municipal
Code do not apply to this project.
A notice of intended decision regarding the environmental determination was advertised on
June 28, 2023, and posted on the city’s website, no appeal to this decision was filed.
Exhibits
1.Ordinance No. CS-457
Sept. 12, 2023 Item #7 Page 2 of 7
ORDINANCE NO. CS-457
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE, TITLE 21 ZONING, TO
ADD CHAPTER 21.88 AND AMEND CHAPTER 21.45, TO ESTABLISH CITYWIDE
OBJECTIVE DESIGN STANDARDS FOR MULTIFAMILY HOUSING AND MIXED
USE DEVELOPMENT PROJECTS PURSUANT TO HOUSING ELEMENT PROGRAM
1.11
CASE NAME: CITYWIDE OBJECTIVE DESIGN STANDARDS
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 No. 7489
recommending the City Council introduce an ordinance approving an amendment to the Zoning
Ordinance, to approve ZCA 2020-0003/ LCPA 2020-0007; and
Exhibit 1
Sept. 12, 2023 Item #7 Page 3 of 7
WHEREAS, the Multifamily Housing and Mixed-Use Development Objective Design Standards
Manual, on file in the Planning Division, and incorporated herein by this reference, establishes
reasonable, uniform, and comprehensive standards and procedures for multifamily housing and mixed
use residential development projects; and
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. 7489
shall also constitute the findings of the City Council.
3.That the Carlsbad Municipal Code, Title 21 Zoning is hereby amended to include a new
Chapter 21.88: Multifamily Housing and Mixed-Use Development Objective Design
Standards as follows:
Chapter 21.88
MULTIFAMILY HOUSING AND MIXED-USE DEVELOPMENT -OBJECTIVE DESIGN STANDARDS
Sections:
21.88.010 21.88.020
21.88.030 21.88.040
21.88.050
Purpose and Intent Eligibility
Additional Provisions
Incorporation of the Multifamily Housing and Mixed-Use Development Objective Design Standards Manual by Reference
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 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 mixeduse 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.
Sept. 12, 2023 Item #7 Page 4 of 7
B.These objective design standards are intended to apply exclusively to multifamily and mixed-use residentialdevelopments 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 proposingdetached 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 inthe 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 standardsprovided in the Multifamily Housing and Mixed-Use Development Objective Design Standards Manualwithout the requirement for an additional application. The waiver process set forth in this section is a separateprocess 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/incentiveor 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 andhow the request meets the waiver findings listed below.
2.Waiver Findings. The decision maker will consider the request and information provided and makefindings 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 andconstruction 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 otherapplicable 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 theapplicable 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.
21.88.040 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.
21.88.050 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.
4.CMC Section 21.45.070 Table D is amended to delete the first table row and update
Table D reference numbers once it is removed:
0.1 Livable Must comply with city council Policy 66, Principles for the
Neighborhood Development of Livable Neighborhoods
Policy
Sept. 12, 2023 Item #7 Page 5 of 7
5.CMC Section 21.45.080 Table Eis amended to delete the first table row and update Table
E reference numbers once it is removed:
E.1 Livable Must comply with city council Policy 66, Principles for the
Neighborhood Development of Livable Neighborhoods Policv
6.Proposed CMC Section 21.88.040 incorporates by reference the Multifamily Housing
and Mixed-Use Development Objective Design Standards Manual on file in the Planning
Division and incorporated herein by reference is approved.
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.
Sept. 12, 2023 Item #7 Page 6 of 7
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 29th
day of August, 2023, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 12th day of September, 2023, by the following vote, to wit:
AYES:
NAYS:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
ABSTAIN: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
CA&� 11, K. H vH-�CINDIE K. McMAHON, City Attorney
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Sept. 12, 2023 Item #7 Page 7 of 7