HomeMy WebLinkAbout2024-04-09; City Council; ; California Coastal Commission’s suggested modifications to Amendments to Carlsbad Municipal Code Title 21 for Housing Element Program Implementation and the 2022 Zoning OCA Review CKM
Meeting Date: April 9, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Jennifer Jesser, Senior Planner
jennifer.jesser@carlsbadca.gov, 442-339-2637
Subject: California Coastal Commission’s suggested modifications to Amendments
to Carlsbad Municipal Code Title 21 for Housing Element Program
Implementation and the 2022 Zoning Ordinance Cleanup
Districts: All
Recommended Action
1.Hold a public hearing; and
2.Introduction of an ordinance acknowledging receipt of and approving the California Coastal
Commission’s suggested modifications to the Local Coastal Program (Zoning Ordinance) for
ZCA 2022-0001/LCPA 2022-0013 and ZCA 2022-0002/LCPA 2022-0014.
Executive Summary
Carlsbad Municipal Code Title 21 contains the city’s Zoning Ordinance, which establishes the
regulations for properties in Carlsbad, and the Local Coastal Program, which establishes the
regulations for properties in the Coastal Zone. Any amendment to the Zoning Ordinance is also
an amendment to the Local Coastal Program and must be certified by the California Coastal
Commission.
This report relates to two amendments to the Zoning Ordinance and the Local Coastal Program
that the City Council approved in 2022:
Housing Element Program implementation (Ordinance No. CS-422, May 10, 2022)
Implemented certain housing programs required under the 2021-2029 Housing Element of
the city’s General Plan (Housing Element Programs 1.6.f., 1.6.g., and 1.8.c, as detailed in
Exhibit 2).
2022 Zoning Ordinance cleanup (Ordinance No. CS-432, Sept. 27, 2022)
Made various cleanup amendments to the Zoning ordinance and the Local Coastal program
(Exhibit 3).
Staff submitted the two amendments to the Coastal Commission for approval as a package in
December 2022 and the commission approved the amendments on Feb. 8, 2024, with three
suggested modifications, asking the city to:
•Clarify that the basis for approval of coastal development permits for affordable
multifamily housing projects is not limited to objective standards.
April 9, 2024 Item #7 Page 1 of 58
• Clarify that residential uses in mixed use projects must be accessory to nonresidential
uses on commercial properties.
• Clarify that mobile home projects and small wireless communication facilities must
comply with the city’s certified Local Coastal Program.
The city now has until Aug. 8, 2024, to consider and approve these modifications. Only the City
Council has the authority to approve amendments to the Local Coastal Program.
Explanation & Analysis
Housing Element Program implementation (ZCA 2022-0001/ LCPA 2022-0013)
Every city in California is required to have a current Housing Element in its General Plan. The
Housing Element is a plan that provides an analysis of a community’s housing needs for all
income levels, along with strategies to respond to and provide for those housing needs.
The City Council voted on May 10, 2022, to amend the Zoning Ordinance and the Local Coastal
Program to implement three Housing Element program objectives (Ordinance No. CS-422):
• Program 1.6.f – Expand options for “self-certification” in certain aspects of the building
permit application and building inspection processes for qualifying projects. This would
allow applicants to move forward on limited revisions without the need for an
additional cycle of staff review.
• Program 1.6.g – Evaluate and recommend changes to the guidance for site development
plans to the Planning Commission and City Council related to all housing projects and
remove requirements that could reduce allowed density and create uncertainty. Amend
requirements for affordable housing requirements accordingly.
• Program 1.8.c – Update Zoning Ordinance to define and allow both horizontal and
vertical mixed-use projects.
The following section summarizes the city’s adopted municipal code language followed by the
Coastal Commission’s suggested modifications, which are highlighted in Exhibit 4. Staff have
reviewed and considered the modifications and recommend that the City Council adopt the
Coastal Commission’s suggested changes.
City Council-adopted code language
As part of the City Council’s May 2022 action, amendments were adopted clarifying that city
staff, the Planning Commission and City Council shall only use objective standards when
deciding on permits for affordable multifamily housing, as required by state housing laws
(California Government Code Section 65589.5) and to implement Program 1.6.g of the Housing
Element.
Coastal Commission’s ’s suggested modifications
The Coastal Commission contends that this particular provision of state housing law does not
apply in areas governed by the California Coastal Act. While Section 65589.5, the Housing
Accountability Act, may require jurisdictions to base its decision-making on affordable housing
projects only upon objective standards , the same code section also requires jurisdictions to
comply with the California Coastal Act (California Government Code Section 65589.5(e)).
April 9, 2024 Item #7 Page 2 of 58
The Coastal Act includes specific policies – listed in Division 20 of the Public Resources Code –
that address issues such as shoreline public access and recreation, lower cost visitor
accommodations, terrestrial and marine habitat protection, visual resources, landform
alteration, water quality, transportation, and development design.
It is the Coastal Commission’s position that for projects to show compliance with the city’s
certified Local Coastal Program and the California Coastal Act, compliance with subjective
standards is still required.
For example, Carlsbad Municipal Code Chapter 21.204 requires shoreline development to
comply with the following subjective design criteria, which in part implement the Coastal Act’s
Section 30251 requirement to protect the scenic and visual qualities of coastal areas.
• Buildings and structures must be located on a site to create a generally attractive
appearance and be agreeably related to surrounding development and the natural
environment (Municipal Code Section 21.201.100.B).
• Buildings, structures, and landscaping must be located to preserve, to the degree
feasible, any ocean views visible from the nearest public street (Municipal Code Section
21.201.100.C).
Given the Coastal Commission’s position on this code interpretation, the suggested
modifications clarify that the city’s decision-making on affordable housing projects shall be
based only on objective standards for all required permits except coastal development permits,
those that apply to the Coastal Zone. In addition, the commission suggested another
modification, a minor text correction, to clarify residential uses must be accessory to
nonresidential uses on commercial properties.
Program completed
With the recommended edits to modify the requirement, Program 1.6.g of the Housing Element
is considered complete: The City Council approved and submitted language modifying
standards for affordable housing to objective standards consistent with state housing laws and
specific direction of the California Department of Housing and Community Development, and
the recommendation was then modified by the Coastal Commission to satisfy state coastal
laws.
Staff will continue to provide recommendations to both implement state housing law and the
Coastal Act based on the latest guidance from state agencies.
2022 Zoning Ordinance cleanup (ZCA2022-0002/LCPA 2022-0014)
The City Council amended the Zoning Ordinance and the Local Coastal Program on Sept. 27,
2022 (Ordinance No. CS-432) to make various “cleanup” amendments, including the following,
which are the subject of the Coastal Commission’s suggested modifications:
• Update the zoning regulations for mobile homes to be consistent with state law
• Establish a building permit approval process for small wireless communication facilities
located on public and private property, consistent with City Council Policy No. 64
April 9, 2024 Item #7 Page 3 of 58
The following summarizes the city’s adopted code language, followed by the Coastal
Commission’s suggested modifications, which are reflected in track changes format in Exhibit 4.
Staff has reviewed and considered the modifications and recommend that the City Council
adopt the CCC’s suggested changes.
City Council-adopted code language
As part of the City Council’s September 2022 action, various amendments were adopted to
reflect state law, correct errors, resolve ambiguities and inconsistencies, and add clarifications.
Coastal Commission’s suggested modifications
The Coastal Commission’s suggested the following to clarify existing requirements of state law
and the city’s Local Coastal Program:
• Clarify that mobile home projects are required to comply with the city’s certified Local
Coastal Program.
• Minor correction to the citation to the Health and Safety Code regarding mobile homes.
• Clarify that small wireless communication facilities must comply with the city’s certified
Local Coastal Program.
The Coastal Commission’s primary concerns regarding mobile home projects and small wireless
communication facilities are the potential impacts to coastal resources associated with public
access to the coast, community character, visual resources, public views, and sensitive
biological resources such as wetlands and environmentally sensitive habitat. Therefore, the
suggested modifications clarify that mobile home development and small wireless facilities shall
be consistent with the coastal resource protection and public access requirements of the
certified Local Coastal Program.
Housing Element and state restrictions
Staff recommend approval of the Coastal Commission’s suggested modifications. If the City
Council does not approve the Coastal Commission’s suggested modifications, Ordinances No.
CS-422 and CS-432 will not become effective in the Coastal Zone.
Adoption of the Housing Element on April 6, 2021, and subsequent certification from the
California Department of Housing and Community Development requires the amendments
approved in Ordinance No. CS-422.
Assembly Bill 72, which passed in 2017, authorized the state Housing and Community
Development Department to review “any action or failure to act” by a city that it determines
“inconsistent” with the city’s adopted housing element or Government Code Section 65583
(part of the Housing Element Law), including any failure to implement any programs included in
the jurisdiction’s housing element.
If Housing and Community Development determines that the city’s action or failure to act does
not “substantially comply” with the state Housing Element Law, or the city’s adopted Housing
Element as certified by the state, then the department may revoke that certification until it
determines that the city has come into compliance.
In carrying out this exercise, Housing and Community Development may “consult with any local
government, public agency, group, or person, and shall receive and consider any written
April 9, 2024 Item #7 Page 4 of 58
comments from any public agency, group, or person.” Once the department supplies its written
findings to the city, a 30-day timeline begins, by the conclusion of which the city must respond
to the findings. Additionally, the department may also notify the California Office of the
Attorney General that the city is in violation of state law for further action. It may also decertify
a jurisdiction’s housing element if it finds that a city has taken or failed to take action in
violation of the state Housing Accountability Act, or the state’s prohibition on discrimination
against affordable housing found in Government Code Section 65008.
Should Housing and Community Development decertify a city’s housing element, the city is
then subject to Government Code section 65589.5(d)(5), known as the "builder's remedy." This
is a provision of California's Housing Accountability Act that prevents jurisdictions without a
substantially compliant housing element from denying approval for certain housing projects,
even if such projects do not comply with the jurisdiction's zoning ordinance or general plan.
Fiscal Analysis
There is no anticipated fiscal impact from this action.
Next Steps
Staff will present the ordinance (Exhibit 1) for second reading and the City Council’s approval at
the next City Council meeting. Staff will then submit evidence to the California Coastal
Commission that the suggested modifications were received and acted on by the City Council.
At the next regularly scheduled Coastal Commission hearing, the Executive Director of the
Coastal Commission will report its determination that the suggested modifications have been
implemented. The amendments to the Zoning Ordinance and Local Coastal Program
amendments, as approved by Ordinances No. CS-422 and CS-432 and amended by the
suggested modifications, will become effective immediately following the Executive Director’s
report to the Coastal Commission.
Environmental Evaluation
The City Planner has determined that the amendments are exempt from the California
Environmental Quality Act under the commonsense exemption, Section 15061(b)(3) of the
CEQA Guidelines, since there would be no possibility of a significant effect on the environment
because the proposed amendments do not directly or indirectly authorize or approve any
actual changes in the physical environment.
Exhibits
1. City Council ordinance
2. City Council Ordinance No. CS-422
3. City Council Ordinance No. CS-432
4. Coastal Commission’s suggested modifications
5. Coastal Commission staff report dated Jan. 25, 2024 (Housing Element program
implementation)
6. Coastal Commission staff report dated Jan. 25, 2024 (Zoning cleanup 2022)
April 9, 2024 Item #7 Page 5 of 58
ORDINANCE NO. CS-470
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACKNOWLEDGING RECEIPT OF AND APPROVING THE
CALIFORNIA COASTAL COMMISSION'S SUGGESTED MODIFICATIONS TO THE
LOCAL COASTAL PROGRAM (ZONING ORDINANCE) FOR ZCA 2022-0001/
LCPA 2022-13 AND ZCA 2022-0002/LCPA 2022-14
WHEREAS, on May 10, 2022, the City Council adopted Ordinance No. CS-422, approving ZCA
2022-0001/LCPA 2022-0013 -Housing Element Program Implementation; and
WHEREAS, on Sept. 13, 2022, the City Council adopted Ordinance No. CS-432, approving ZCA
2022-0002/LCPA 2022-0014 -2022 Zoning Ordinance Cleanup; and
WHEREAS, the Carlsbad Zoning Ordinance is the implementing ordinance of the Carlsbad Local
Coastal Program, and therefore, an amendment to the Zoning Ordinance also constitutes an
amendment to the Local Coastal Program; and
WHEREAS, the California Coastal Act requires Coastal Commission certification of any local
coastal program amendment; and
WHEREAS, on Feb. 8, 2024, the California Coastal Commission approved the city's Local
Coastal Program Amendments (LCPA 2022-0013 and LCPA 2022-0014) with suggested modifications;
and
WHEREAS, the California Coastal Commission's approval of LCPA 2022-0013 and LCPA 2022-
0014 will not become effective until the Commission certifies that the city has amended its Local
Coastal Program pursuant to the Commission's suggested modifications; and
WHEREAS, on April 9, 2024, the City Council held a duly noticed public hearing as prescribed by
law to consider the Coastal Commission's suggested modifications.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that:
1.The above recitations are true and correct.
2.Carlsbad Municipal Code Section 21.26.015.A is amended to read as follows:
A.Residential uses are allowed either vertically, meaning within the same building,
or horizontally, meaning within a separate building on the same site. Residential
uses must be accessory to the nonresidential uses permitted by Section
21.26.010 of this title.
3.Carlsbad Municipal Code Section 21.28.015.A is amended to read as follows:
Exhibit 1
April 9, 2024 Item #7 Page 6 of 58
A.Residential uses are allowed either vertically, meaning within the same building,
or horizontally, meaning within a separate building on the same site. Residential
uses must be accessory to the nonresidential uses permitted by Section
21.26.010 of this title.
4.Carlsbad Municipal Code Section 21.31.065.A is amended to read as follows:
B.Residential uses are allowed either vertically, meaning within the same building,
or horizontally, meaning within a separate building on the same site. Residential
uses must be accessory to the nonresidential uses permitted by Section
21.26.010 of this title.
5.Carlsbad Municipal Code Section 21.37.010.A is amended to read as follows:
A.The intent and purpose of the mobile home park zone is to:
1.Provide locations where mobile homes and mobile home parks may be
established, maintained and protected;
2.Provide a means to regulate and control the conversion of existing mobile
home parks to another use;
3.Promote and encourage an orderly residential environment with
appropriate physical amenities; and
4.Implement the goals and objectives of the general plan, including all
residential land use designations and the housing element, consistent
with the coastal resource policies set forth in the certified Local Coastal
Program.
6.Carlsbad Municipal Code Section 21.37.090.A is amended to read as follows:
A.The following design criteria shall apply to all mobile home parks to the extent
permitted according to California Health and Safety Code Section 18200, et seq.
and Section 18860 et seq., respectively:
1.The overall plan shall be comprehensive, embracing land, buildings for
common use or park service and maintenance, landscaping and their
interrelationships, and shall conform to adopted plans for all
governmental agencies for the area in which the proposed development
is located;
2.The plan shall provide for adequate circulation, off-street parking, open
recreational areas and other pertinent amenities. Buildings, structures
and facilities for common use in the park or for service and maintenance
of the park shall be well integrated, oriented and related to the
topographic and natural landscape features of the site;
3.The proposed development shall be compatible with existing and
planned land use and with circulation patterns on adjoining properties. It
shall not constitute a disruptive element to the neighborhood or
community; and
April 9, 2024 Item #7 Page 7 of 58
4.Common areas and recreational facilities shall be located so as to be
readily accessible to the occupants of the dwelling units and shall be well
related to any common open spaces provided.
7.Carlsbad Municipal Code Section 21.53.120.B is amended to read as follows:
B.Development Standards.
1.The development (both for multi-family residential and affordable
housing) shall be subject to the development standards of the zone in
which the development is located and/or any applicable specific or
master plan except for affordable housing projects as expressly modified
by the site development plan. The site development plan for affordable
housing projects may allow less restrictive development standards than
specified in the underlying zone or elsewhere provided that the project
is in conformity with the general plan and adopted policies and goals of
the city, it would have no detrimental effect on public health, safety and
welfare, and, in the coastal zone, any project processed pursuant to this
chapter shall be consistent with all certified local coastal program
provisions, with the exception of density. The decision-making authority
for the site development plan and any other associated permits, other
than coastal development permits, shall require only objective
requirements that involve no personal or subjective judgment by a public
official and are uniformly verifiable by reference to an external and
uniform benchmark or criterion available and knowable by both the
development applicant or proponent and the public official before
submittal. These standards shall be consistent with the Zoning
Ordinance, General Plan, any applicable Master or Specific Plan, certified
Local Coastal Program, and the Government Code of the State of
California.
8.Carlsbad Municipal Code Section 21.53.260 is amended to read as follows:
21.53.260 Small wireless facilities (SWF).
A.Small wireless facilities shall comply with all applicable city requirements and the
certified Local Coastal Program. An application for a SWF located on public or
private property may be processed as a building permit, and an application for a
SWF located within the public right-of-way of roads may be processed as a right
of-way permit pursuant to Title 11 of the Carlsbad Municipal Code. For a SWF
located in the Coastal Zone, a coastal development permit may be required
pursuant to Chapter 21.201.
B.Small wireless facilities between the first public roadway and the ocean or
lagoons shall not create significant impacts to public views from scenic corridors,
scenic public view areas, public paths, bikeways, beaches and public recreational
facilities, and shall not require the construction of shoreline protective devices.
If there is no feasible alternative that can comply with this requirement without
resulting in a significant gap in communication coverage, then the alternative
April 9, 2024 Item #7 Page 8 of 58
that would result in the fewest or least significant impacts to public views, public
access and recreation, and shoreline processes shall be selected.
EFFECTIVE DATE: This ordinance shall be effective either thirty days after its adoption, or upon
the date the Executive Director of the California Coastal Commission certifies that implementation of
LCPA 2022-0013 and LCPA 2022-0014 will be consistent with the Coastal Commission's approval of the
Local Coastal Program amendments with suggested modifications, whichever occurs later. 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 tbe Carlsbad City Council on the 9th day
of April, 2024, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ___ _, 2024, 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)
April 9, 2024 Item #7 Page 9 of 58
ORDINANCE NO. CS-422
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING AMENDMENTS TO THE CARLSBAD MUNICIPAL
CODE TITLE 18 (BUILDING CODE) AND TITLE 21 (ZONING ORDINANCE)
IMPLEMENTING CERTAIN HOUSING PROGRAMS REQUIRED UNDER THE
2021-2029 HOUSING ELEMENT
WHEREAS, on Aug. 6, 2021 the City Council approved the city's Housing Element, and
subsequently on July 13, 2021 the California Department of Housing and Community Development
found the adopted Housing Element to be in substantial compliance with applicable laws; and
WHEREAS, the Housing Element includes Goals, Policies, Programs and Objectives that are
required to be implemented to ensure continued compliance throughout the sixth cycle of the Housing
Element to cover the period from 2021 to 2029; and
WHEREAS, the City Planner, has prepared a proposed amendment to the Zone Code and Local
Coastal Program pursuant to Chapter 21.52 of the Carlsbad Municipal Code to implement three
programs approved in the Housing Element of the General Plan; and
WHEREAS, on March 2, 2022, the Planning Commission held a duly noticed public hearing as
prescribed by law to consider ZCA 2022-0001/ LCPA 2022-0013; and
WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7441
recommending to the City Council that ZCA 2022-0001/ LCPA 2022-0013 be
approved; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California,
ordains as follows that:
1.The above recitations are true and correct.
2.The findings in Planning Commission Resolution No. 7441 shall also constitute the
findings of the City Council.
3.Carlsbad Municipal Code Section 18.04.045
Section 110.4 of the California Building Code is amended to read as follows:
INSPECTION AGENCIES. The building official is authorized to accept reports of approved inspection
agencies, licensed Engineers, licensed contractors or other qualified individuals, provided that such
agencies, licensed professionals or individuals satisfy the requirements as to qualifications and
reliability.
4.Carlsbad Municipal Code Section 18.20.050 is amended to read as follows:
Section 109.2 of the California Residential Code is amended to read as follows:
Exhibit 2
April 9, 2024 Item #7 Page 10 of 58
April 9, 2024 Item #7 Page 11 of 58
INSPECTION AGENCIES. The building official is authorized to accept reports of approved inspection
agencies, licensed Engineers, licensed contractors or other qualified individuals, provided such
agencies, licensed Engineers, licensed contractors or qualified individuals satisfy the requirements as
to qualifications and reliability.
5. Carlsbad Municipal Code Section 21.26.015 is amended to read as follows:
Mixed use developments that propose residential uses in combination with commercial uses shall
comply with the following requirements.
A. Residential uses are allowed either vertically, meaning within the same building, or horizontally,
meaning within a separate building on the same site. Residential uses must be Accessory to the
nonresidential uses permitted by Section 21.26.010 of this title.
B. Residential uses shall be subject to the requirements of the chapters of this title, which include
but are not limited to, Chapter 21.26, Chapter 21.44, and in the case of airspace subdivisions,
Chapter 21.47.
C. Residential uses shall be constructed at a minimum density of 15 dwelling units per acre, per
Table 2-4 of the general plan land use and community design element, subject to approval of a
site development plan processed in accordance with Chapter 21.06 of this title.
1. Density and yield of residential uses shall be determined consistent with the residential
density calculations and residential development restrictions in Section 21.53.230 of this title
and shall be based on 25% of the developable area. Unit yield in excess of the minimum shall
be subject to the finding in subsection 2 below. In no case shall the calculation preclude the
development of at least one dwelling unit in a mixed use development.
2. Residential uses shall be accessory to the primary commercial use of the site. Compliance with
this provision shall be evaluated as part of the site development plan.
D. Residential uses shall include residential care facilities (serving six or fewer persons), supportive
housing, and transitional housing.
6. Carlsbad Municipal Code Section 21.28.015 is amended to read as follows:
Mixed use developments that propose residential uses in combination with commercial uses shall
comply with the following requirements.
A. Residential uses are allowed either vertically, meaning within the same building, or horizontally,
meaning within a separate building on the same site. Residential uses must be Accessory to the
nonresidential uses permitted by Section 21.28.010 of this title.
B. Residential uses shall be subject to the requirements ofthe chapters of this title, which include
but are not limited to, Chapter 21.28, Chapter 21.44, and in the case of airspace subdivisions,
Chapter 21.47.
C. Residential uses shall be constructed at a minimum density of 15 dwelling units per acre, per
Table 2-4 of the general plan land use and community design element, subject to approval of a
site development plan processed in accordance with Chapter 21.06 of this title.
1. Density and yield of residential uses shall be determined consistent with the residential
density calculations and residential development restrictions in Section 21.53.230 of this title
and shall be based on 25% ofthe developable area. Unit yield in excess ofthe minimum shall
be subject to the finding in subsection 2 below. In no case shall the calculation preclude the
development of at least one dwelling unit in a mixed use development.
April 9, 2024 Item #7 Page 12 of 58
2. Residential uses shall be accessory to the primary commercial use of the site. Compliance with
this provision shall be evaluated as part of the site development plan.
D. Residential uses shall include residential care facilities (serving six or fewer persons), supportive
housing, and transitional housing.
7. Carlsbad Municipal Code Section 21.31.015 is amended to read as follows:
Mixed use developments that propose residential uses in combination with commercial uses shall
comply with the following requirements.
A. Residential uses are allowed either vertically, meaning within the same building, or horizontally,
meaning within a separate building on the same site. Residential uses must be Accessory to the
nonresidential uses permitted by Section 21.31.030 of this title.
8. Residential uses shall be subject to the requirements of the chapters of this title, which include
but are not limited to, Chapter 21.31, Chapter 21.44, and in the case of airspace subdivisions,
Chapter 21.47.
C. Residential uses shall be constructed at a minimum density of 15 dwelling units per acre, per
Table 2-4 of the general plan land use and community design element, subject to approval of a
site development plan processed in accordance with Chapter 21.06 of this title.
1. Density and yield of residential uses shall be determined consistent with the residential
density calculations and residential development restrictions in Section 21.53.230 of this title
and shall be based on 25% of the developable area . Unit yield in excess of the minimum shall
be subject to the finding in subsection 2 below. In no case shall the calculation preclude the
development of at least one dwelling unit in a mixed use development.
2. Residential uses shall be accessory to the primary commercial use of the site. Compliance with
this provision shall be evaluated as part of the site development plan.
D. Residential uses shall include residential care facilities (serving six or fewer persons), supportive
housing, and transitional housing.
8. Carlsbad Municipal Code Section 21.53.120 is amended to read as follows:
A. Site Development Plan Requirement.
1. Notwithstanding anything to the contrary in this code, no building permit or other entitlement
shall be issued for any multi-family residential development having more than four dwelling
units or an affordable housing project of any size unless a site development plan has been
approved for the project. The site development plan shall be processed pursuant to the
provisions of Chapter 21.06 of this title.
2. A site development plan for a multi-family residential project (not affordable) shall not be
required for any project processed pursuant to the provisions of Chapter 21.45 of this title.
B. Development Standards.
1. The development (both for multi-family residential and affordable housing) shall be
subject to the development standards of the zone in which the development is located and/or
any applicable specific or master plan except for affordable housing projects as expressly
modified by the site development plan . The site development plan for affordable housing
projects may allow less restrictive development standards than specified in the underlying
zone or elsewhere provided that the project is in conformity with the general plan and
adopted policies and goals of the city, it would have no detrimental effect on public health,
safety and welfare, and, in the coastal zone, any project processed pursuant to this chapter
April 9, 2024 Item #7 Page 13 of 58
shall be consistent with all certified local coastal program provisions, with the exception of
density. The decision making authority for the site development plan and any other associated
permits can only require objective requirements that involve no personal or subjective
judgment by a public official and are uniformly verifiable by reference to an external and
uniform benchmark or criterion available and knowable by both the development applicant or
proponent and the public official before submittal. These standards were published in
advance and consistent with The Zoning Ordinance, General Plan, any applicable Master or
Specific Plan, and the Government Code of the State of California.
EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES OUTSIDE 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 INSIDE THE COASTAL ZONE:
This ordinance shall be effective thirty days after its adoption or upon Coastal Commission approval of
LCPA 2022-0013, 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.
April 9, 2024 Item #7 Page 14 of 58
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 19th
day of April, 2022, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 10th day of May, 2022, by the following vote, to wit:
AYES:
NAYS:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
f:2vL
FAVIOLA MEDINA, City Clerk Services Manager
{SEAL)
ORDINANCE NO. CS-432
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA ADOPTING AMENDMENTS TO CARLSBAD MUNICIPAL CODE
TITLE 15 (GRADING AND DRAINAGE ORDINANCE) AND TITLE 21 (ZONING
ORDINANCE) TO COMPLETE VARIOUS MISCELLANEOUS CLEANUP
AMENDMENTS TO THE CARLSBAD MUNICIPAL CODE. THE AMENDMENTS
ALSO INCLUDE A LOCAL COASTAL PROGRAM AMENDMENT
CASE NAME:
CASE NO:
2022 ZONING ORDINANCE CLEANUP
MCA2022-0004/ZCA2022-0002/LCPA 2022-0014
WHEREAS the City Planner has prepared amendments to the Carlsbad Municipal Code and Local
Coastal Program (MCA 2022-0004/ZCA 2022-0002/LCPA 2022-0014)) 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 the Carlsbad Municipal Code Title 21 (Zoning Ordinance) and Section 15.16 of Title
15 (Grading and Drainage Ordinance) are part of the Carlsbad Local Coastal Program Implementation
Plan, and therefore, amendments to Title 21 and Section 15.16 also constitute amendments to the
Local Coastal Program; and
WHEREAS, pursuant to California Coastal Commission Regulations, a six-week public review
period for the Local Coastal Program Amendment began May 20,2022 and ending on July 1, 2022; and
WHEREAS, on June 10, 2022, the Airport land Use Commission reviewed and found that the
proposed amendments are consistent with the adopted McClellan-Palomar Airport Land Use
Compatibility Plan; and
WHEREAS, on June 15, 2022, the Planning Commission held a duly noticed public hearing as
prescribed by law to consider ZCA 2022-0002/LCPA 2022-0014; and
WHEREAS the Planning Commission adopted Planning Commission Resolution No. 7452
recommending to the City Council that ZCA 2022-0002/LCPA 2022-0014 be approved; and
WHEREAS the City Council of the City of Carlsbad held a duly noticed public hearing as
prescribed by law to consider MCA2022-0004/ZCA 2022-0002/LCPA 2022-0014; 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 MCA2022-0004/ZCA 2022-0002/LCPA 2022-0014; and
Exhibit 3
April 9, 2024 Item #7 Page 15 of 58
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows:
1.The above recitations are true and correct.
2.The findings of the Planning Commission in Planning Commission Resolution No. 7452
shall also constitute the findings of the City Council.
3.That Section 15.16.060 of the Carlsbad Municipal Code is amended as shown below:
15.16.060 Work exempt from grading permit.
A.A grading permit shall not be required for the following:
1.Cemetery graves.
2.Refuse disposal sites controlled by other regulations.
3.Excavations for wells, tunnels, utilities, or swimming pools/spas.
4.Exploratory excavations under the direction of soil engineers or engineering geologists.
5.Clearing and grubbing of vegetation done for the purpose of routine landscape
maintenance, the removal of dead or diseased trees or shrubs or the removal of
vegetation done upon order of the fire marshal to eliminate a potential fire hazard or
for the abatement of weeds.
6.Clearing and grubbing of vegetation done preparatory to agricultural operations on
land which has been used for agricultural purposes within the previous five years.
7.Grading on a site where the city engineer finds that the following conditions exist:
a.The amount of soil material moved does not exceed 200 cubic yards (excluding
excavation for basements, foundations and footings);
b.No fill material is placed on an existing slope steeper than five units horizontal
to one vertical;
c.No cut or fill material exceeds four feet in vertical depth at its deepest point,
measured from the existing ground surface.
8.Grading in an isolated, self-contained area.
9.Grading associated with stem wall construction.
10.Retaining walls with a maximum height of 6 feet and the soil material moved does not
to exceed 200 cubic yards.
4.That Chapter 21.04 of the Carlsbad Municipal Code is amended by the addition of a new
section as shown below:
21.04.140.6 Employee housing, small.
Pursuant to Cal. Health and Safety Code§ 17008, employee housing, small means any portion of any
housing accommodation, or property upon which a housing accommodation is located, maintained in
connection with any work or place where work is being performed, whether or not rent is involved,
where such housing provides accommodations for six or fewer persons.
5.That Section 21.04.145 of the Carlsbad Municipal Code is amended as shown below:
April 9, 2024 Item #7 Page 16 of 58
21.04.145 Family.
"Family" means one or more persons living together in a dwelling unit, with common access to, and
common use of all living, kitchen, and eating areas within the dwelling unit. Residents and operators
of a residential care facility or employee housing serving six or fewer persons shall be considered a
family for purposes of any zoning regulation relating to residential use of such facilities.
6.That Section 21.04.147 of the Carlsbad Municipal Code is amended as shown below:
21.04.147 Family day care home, large.
"Large family day care home" means a dwelling which provides family day care for seven to fourteen
children, inclusive, including children under the age of ten years who reside at the home as defined
by Section 1596.78 of the California Health and Safety Code and permitted by the licensing agency.
7.That Section 21.04.148 of the Carlsbad Municipal Code is amended as shown below:
21.04.148 Family day care home, small.
"Small family day care home" means a dwelling which provides family day care for eight or fewer
children, including children under the age of ten years who reside at the home as defined in Section
1596. 78 of the California Health and Safety Code and permitted by the licensing agency.
8.That Section 21.04.281 of the Carlsbad Municipal Code is amended as shown below:
21.04.281 Nonconforming residential use.
"Nonconforming residential use" means a residential use which was lawfully established and
maintained, but which exceeds the maximum density range of the underlying general plan land use
designation.
9.That Chapter 21.04 of the Carlsbad Municipal Code is amended by the addition of a new
section as shown below:
21.04.291.1 Personal services.
"Personal Services" means uses that include but are not limited to dry cleaners, beauty and barber
shops, day spas, cosmetic services, nail salons, shoe/garment repair, massage therapy, etc.
10.That Chapter 21.04 of the Carlsbad Municipal Code is amended by the addition of a new
section as shown below:
April 9, 2024 Item #7 Page 17 of 58
21.04.305.5 Small wireless facilities.
Small wireless facilities (SWF), consistent with FCC regulations in 47 C.F.R. §§ 1.6002(1), are wireless
communication facilities that meet each of the following conditions:
A.The facilities-
1.Are mounted on structures 50 feet or less in height including their antennas as defined
in section l.1320(d), or
2.Are mounted on structures no more than 10 percent taller than other adjacent
structures, or
3.Do not extend existing structures on which they are located to a height of more than
50 feet or by more than 10 percent, whichever is greater;
B.Each antenna associated with the deployment, excluding associated antenna equipment (as
defined in the definition of antenna in section 1.1320(d)), is no more than three cubic feet in
volume;
C.All other wireless equipment associated with the structure, including the wireless equipment
associated with the antenna and any pre-existing associated equipment on the structure, is no
more than 28 cubic feet in volume;
D.The facilities do not require antenna structure registration under 47 CFR Part 17;
E.The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and
F.The facilities do not result in human exposure to radiofrequency radiation in excess of the
applicable safety standards specified in section 1.1307(b).
11.The permitted use tables in each of the following sections are amended by the addition
of the new use listing as shown below:
21.08.020 Permitted uses, Table A.
21.09.020 Permitted uses, Table A.
21.10.020 Permitted uses, Table A.
21.12.020 Permitted uses, Table A.
21.16.020 Permitted uses, Table A.
21.18.020 Permitted uses, Table B.
21.20.010 Permitted uses, Table A.
21.22.020 Permitted uses, Table A.
21.24.020 Permitted uses, Table A.
21.37.020 Permitted uses, Table A.
Use
Employee housing (serving six or fewer persons)
p CUP Ace
X
April 9, 2024 Item #7 Page 18 of 58
12.That Section 21.10.050 of the Carlsbad Municipal Code is amended as shown below:
21.10.050 Building height.
In the R-1 zone no building shall exceed a height of thirty feet and two stories if a minimum roof pitch
of 3:12 is provided or twenty-four feet and two stories if less than a 3:12 roof pitch is provided for
lots under twenty thousand square feet. Single-family residences on lots with a lot area of twenty
thousand square feet or greater and within a R-1 zone and specifying a -20 or greater area zoning
symbol shall not exceed thirty-five feet and three stories with a minimum roof pitch of 3:12 provided,
or twenty-nine feet and three stories if less than a 3:12 roof pitch is provided.
13.That the following sections of the Carlsbad Municipal Code are amended as shown
below:
21.08.060 Placement of buildings
21.10.080 Placement of buildings
21.12.060 Placement of buildings
21.16.060 Placement of buildings
A.Placement of buildings on any lot shall conform to the following, except as otherwise
permitted for accessory dwelling units (or junior accessory dwelling units where permitted)
pursuant to Section 21.10.030:
1.Interior Lots.
a.No building shall occupy any portion of a required yard;
b.Any building, any portion of which is used for human habitation, shall observe a
distance from any side lot line the equivalent of the required side yard on such
lot and from the rear property line the equivalent of twice the required side
yard on such lot;
c.All accessory structures shall comply with the following development
standards:
i.The lot coverage shall include accessory structures in the lot coverage
calculations for the lot,
ii.When proposed on a lot adjoining native vegetation, accessory
structures within a fire suppression zone must be reviewed and
approved by the fire department,
iii.Buildings shall not exceed one story,
iv.Building height shall not exceed fourteen feet if a minimum roof pitch of
3:12 is provided or ten feet if less than a 3:12 roof pitch is provided;
d.Habitable detached accessory structures shall comply with all requirements of
the zone applicable to placement of a dwelling unit on a lot including setbacks;
e.Detached accessory structures which are not dwelling units and contain no
habitable space, including, but not limited to, garages, workshops, tool sheds,
decks over thirty inches above grade and freestanding patio covers shall
comply with the following additional development standards when located
within a lot's required setback areas:
April 9, 2024 Item #7 Page 19 of 58
i.The maximum allowable building area per structure shall not exceed a
building coverage of four hundred forty square feet,
ii.The following setbacks shall apply: a front yard setback of twenty feet, a
rear yard setback of five feet, a side yard setback of five feet and an
alley setback of five feet,
iii.The maximum plumbing drain size shall be one and one-half inches in
diameter so as to prohibit toilets, showers, bathtubs and other similar
fixtures,
iv.The additional development standards listed above (subsections
(A)(l)(g)(i) through (iii) of this section) shall apply to the entire subject
accessory structure, not just the portion encroaching into a lot's setback
area; and
f.The provisions of this section are applicable notwithstanding the permit
requirements contained in Section 18.04.015.
2.Corner Lots and Reversed Corner Lots.
a.No building shall occupy any portion of a required yard;
b.Any building, any portion of which is used for human habitation, shall observe a
distance from the rear property line the equivalent of twice the required
interior side yard on such lot;
c.All accessory structures shall comply with the following development
standards:
i.The lot coverage shall include accessory structures in the lot coverage
calculations for the lot,
ii.When proposed on a lot adjoining native vegetation, accessory
structures within a fire suppression zone must be reviewed and
approved by the fire department,
iii.Buildings shall not exceed one story,
iv.Building height shall not exceed fourteen feet if a minimum roof pitch of
3:12 is provided or ten feet if less than a 3:12 roof pitch is provided;
d.Habitable detached accessory structures shall comply with all requirements of
the zone applicable to placement of a dwelling unit on a lot including setbacks;
e.Detached accessory structures which are not dwelling units and contain no
habitable space, including, but not limited to, garages, workshops, tool sheds,
decks over thirty inches above grade and freestanding patio covers shall
comply with the following additional development standards when located
within a lot's required setback areas:
i.The maximum allowable building area per structure shall not exceed a
building coverage of four hundred forty square feet,
ii.The following setbacks shall apply: a front yard setback of twenty feet, a
rear yard setback of five feet, a side yard setback of five feet, a street
side yard setback of five feet and an alley setback of five feet,
iii.The maximum plumbing drain size shall be one and one-half inches in
diameter so as to prohibit toilets, showers, bathtubs and other similar
fixtures,
April 9, 2024 Item #7 Page 20 of 58
iv.The additional development standards listed above (subsections
(A)(2)(g)(i) through (iii) of this section) shall apply to the entire subject
accessory structure, not just the portion encroaching into a lot's setback
area; and
f.The provisions of this section are applicable notwithstanding the permit
requirements contained in Section 18.04.015.
14.That Table A of Section 21.18.020 is amended by the addition of a new use listing for
"Personal services ... " as shown below, and by the deletion of the use listing for "Services,
provided directly to consumers ... ":
Use
Personal services (defined: section 21.04.291.1)
Use
15.That Table A of Section 21.26.010 is amended to read as follows:
Accountants
Adult and/or senior daycare and/or recreation facility (private/non-private)
Alcoholic treatment centers
Amusement parks
Arcades-coin-operated (subject to Section 21.42.140(B)(15); defined: Section 21.04.091)
Athletic clubs, gymnasiums, health clubs, and physical conditioning businesses
Attorneys
Banks and other financial institutions without drive-thru facilities
Bakeries
Biological habitat preserve (subject to Section 21.42.140(B)(30); defined:
Section 21.04.048)
Book or stationery stores
Child day care centers, subject to the provisions of Chapter 21.83 of this title
Churches, synagogues, temples, convents, monasteries, and other places of worship
Clubs-nonprofit, business, civic, professional, etc. (defined: Section 21.04.090)
Columbariums, crematories, and mausoleums (not within a cemetery)
Delicatessen (defined: Section 21.04.106)
Doctors, dentists, optometrists, chiropractors and others practicing the healing arts for
human beings, and related uses such as oculists, pharmacies (prescription only),
biochemical laboratories and x-ray laboratories
Dressmaking or millinery shops
Drive-thru facility (not restaurants)
Drugstores
Dry goods or notion stores
Educational facilities, other (defined: Section 21.04.137)
Educational institutions or schools, public/private (defined: Section 21.04.140)
p
p
X
X
X
X
X
X
X
X
X
X
X
X
X
CUP Ace
1
CUP Ace
1
2
3
1
2
2
1
2
1
2
April 9, 2024 Item #7 Page 21 of 58
'
Use p CUP Ace
Engineers, architects and planners X
Fairgrounds 3
Farmworker housing complex, small (subject to Section 21.10.125; defined: 1
Section 21.04.148.4)
Florist shops X
Fortunetellers, as defined in Section 5.50.010 X
Gas stations (subject to Section 21.42.140(8)(65)) 2
Greenhouses> 2,000 square feet (subject to Section 21.42.140(8)(70)) 1
Grocery or fruit stores X
Hardware stores X
Hospitals (defined: Section 21.04.170) 2
Hospitals (mental) (defined: Section 21.04.175) 2
Hotels and motels (subject to Section 21.42.140(8)(80)) 3
Institutions of a philanthropic or eleemosynary nature, except correctional or mental X
Jewelry stores X
Laundries or clothes cleaning agencies X
Liquor store (subject to Section 21.42.140(8)(85); defined: Section 21.04.203) 2
Meat markets X
Mobile buildings (subject to Section 21.42.140(8)(90); defined: Section 21.04.265) 1
Outdoor dining (incidental) (subject to Section 21.26.013; defined: Section 21.04.290.1) X
Packing/sorting sheds> 600 square feet (subject to Section 21.42.140(8)(70)) 1
Paint stores X
Parking facilities (primary use) (i.e., day use, short-term, nonstorage) 1
Pawnshops (subject to Section 21.42.140(8)(105)) 3
Personal services (defined: section 21.04.291.1) X
Pet supply shops X
Pool halls, billiards parlors (subject to Section 21.42.140(8)(110); defined: 2
Section 21.04.292)
Private clubs, fraternities, sororities and lodges, excepting those the chief activity of X
which is a service customarily carried on as a business
Public meeting halls, exhibit halls, and museums 2
Public/quasi-public buildings and facilities and accessory utility buildings/facilities 2
(defined: Section 21.04.297)
Racetracks 3
Radio/television/microwave/broadcast station/tower 2
Realtors X
Recreation facilities 1
Recycling collection facilities, large (subject to Chapter 21.105 of this title; defined: 2
Section 21.105.015)
Recycling collection facilities, small (subject to Chapter 21.105 of this title; defined: 1
Section 21.105.015)
Religious reading room (separate from church) 1
Residential uses (subject to Section 21.26.015 of this title) X
Restaurants (bona fide public eating establishment) (defined: Section 21.04.056) X
Restaurants (excluding drive-thru restaurants), tea rooms or cafes (excluding dancing or X
entertainment and on-sale liquor)
April 9, 2024 Item #7 Page 22 of 58
Use p CUP Ace
Satellite television antennae (subject to Section 21.53.130-21.53.150; defined: X
Section 21.04.302)
Shoe, clothing or wearing apparel stores X
Signs (subject to Chapter 21.41) X
Stadiums 3
Tattoo parlors (subject to Section 21.42.140(8)(140)) 3
Theaters (motion picture or live) -Indoor 2
Theaters, stages, amphitheaters - Outdoor 3
Thrift shops (subject to Section 21.42.140(8)(150)) 1
Transit passenger terminals (bus and train) 2
Veterinary clinic/animal hospital (small animals) (defined: Section 21.04.378) 1
Welfare and charitable service (private or semi-private) with no permanent residential 1
uses (i.e., Goodwill, Red Cross, Traveler's Aid)
Windmills (exceeding height limit of zone) (subject to Section 21.42.140(8)(160)) 2
Wireless communication facilities (subject to Section 21.42.140{8)(165); defined: 1/2
Section 21.04.379)
Youth organizations (e.g., Boy Scouts, Girl Scouts, Boys and Girls Clubs, YMCA, YWCA, 1
except lodgings)
Note:
1.Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be
subject to the requirements of CMC Chapter 8.09.
Use
16.That Table A of Section 21.28.010 is amended by the addition of a new use listing for
"Personal services ... " as shown below:
p CUP Ace
Personal services (defined: section 21.04.291.1) X
Use
17.That Table A of Section 21.29.030 is amended by the addition of a new use listing for
"Personal services ... " as shown below, and by the deletion of the use listing for "Services
(personal), limited to ... ":
p CUP Ace
Personal services (defined: section 21.04.291.1) X
Use
18.That Table A of Section 21.31.020 is amended by the addition of a new use listing for
"Personal services ... " as shown below, and by the deletion of the use listing for "Services,
provided directly to consumers ... ":
p CUP Ace
Personal services (defined: section 21.04.291.1) X
April 9, 2024 Item #7 Page 23 of 58
19.That subsection A.1 of Section 21.31.060 is amended as shown below:
1.Required eating areas for employees (subject to Section 21.31.080(K));
20.That Section 21.37.090 is amended as shown below:
21.37.090 Design criteria.
A.The following design criteria shall apply to all mobile home parks to the extent permitted
according to California Health and Safety Code §18200, et seq. and §18665 et seq.,
respectively:
1.The overall plan shall be comprehensive, embracing land, buildings for common use or
park service and maintenance, landscaping and their interrelationships, and shall
conform to adopted plans for all governmental agencies for the area in which the
proposed development is located;
2.The plan shall provide for adequate circulation, off-street parking, open recreational
areas and other pertinent amenities. Buildings, structures and facilities for common
use in the park or for service and maintenance of the park shall be well integrated,
oriented and related to the topographic and natural landscape features of the site;
3.The proposed development shall be compatible with existing and planned land use
and with circulation patterns on adjoining properties. It shall not constitute a
disruptive element to the neighborhood or community; and
4.Common areas and recreational facilities shall be located so as to be readily accessible
to the occupants of the dwelling units and shall be well related to any common open
spaces provided.
21.That Section 21.37.100 is amended as shown below:
21.37.100 Development standards.
A.A mobile home park shall comply with the following development standards and any
applicable standards under state law:
1.A mobile home park shall be not less than five acres for a condominium or planned
unit development park and fifteen acres for a rental park;
2.Parking shall be provided subject to the provisions of Chapter 21.44 of this title;
3.Mobile home park streets shall be provided in such a pattern as to provide convenient
traffic circulation within the mobile home park. Such streets shall be built to the
following standards:
a.No roadway shall be less than thirty-four feet in width,
b.There shall be concrete curbs on each side of the streets,
c.The mobile home park streets shall be paved according to standards
established by the city engineer,
d.Mobile home park streets shall be lighted in accordance with the standards
established by the city engineer;
April 9, 2024 Item #7 Page 24 of 58
Use
4.The city council may permit decentralization of the recreational facilities in accordance
with principles of good planning;
5.Common trash-bin enclosures shall be provided. They shall be of masonry construction
and compatible with the mobile home park;
6.Service buildings and facilities shall be strategically located throughout the park for
convenient access from mobile homes. No service building shall be closer than twenty
feet to any property adjacent to the mobile home park;
7.Mobile home parks shall be enclosed by solid masonry fences, six feet in height,
subject to city planner approval, along dedicated street frontages; and
8.All new mobile homes shall bear a valid insignia of approval issued by the State
Department of Housing and Community Development.
22.That within Table A of Section 21.44.020, the number of off-street parking spaces for
the Residential Care Facility use is amended as follows:
Number of Off-Street Parking Spaces
Residential Uses Residential Care Two spaces per unit, provided as either: Facilities •A two-car garage (minimum interior 20 feet x 20 feet); or•Two separate one-car garages (minimum interior 12 feet x 20feet each);
23.That Section 21.42.110 of the Carlsbad Municipal Code is amended as shown below:
21.42.110 Expiration, extensions and amendments.
A.Expiration of Permit if Not Exercised. The expiration period for an approved minor conditional
use permit or conditional use permit shall be as specified in Section 21.58.030 of this title.
B.Extension of Permit if Not Exercised. The expiration period for an approved minor conditional
use permit or conditional use permit may be extended pursuant to Section 21.58.040 of this
title.
C.Expiration of Permit. Such rights and privileges granted under a minor conditional use permit
or conditional use permit shall also expire at such time as the city planner/planning
commission/city council may designate in the approval of the minor conditional use permit or
conditional use permit.
D.All existing conditional use permits, which include an expiration date and a requirement to
extend the permit, may be hereby approved administratively by the city planner in perpetuity
without the requirement to extend the conditional use permit.
E.An approved minor conditional use permit or conditional use permit may be amended
pursuant to the provisions of Section 21.54.125 of this title.
April 9, 2024 Item #7 Page 25 of 58
24.That Table F of Section 21.45.090 is amended as shown below:
Table F
Residential Additions and Accessory Uses to One-Family Dwellings and Twin-Homes on Small Lots
Minimum Front Yard Minimum Side and Rear
Addition/ Accessory Use Setback Yard Setbacks
10 feet to posts 5 feet to posts
Attached/detached patio covers(2l (2-foot overhang (2-foot overhang
permitted) permitted)
Non-habitable detached accessory buildings/structures
(e.g., garages, workshops, decks over 30 inches in 20 feet 5 feet height)(1l,(2L(3l
Habitable detached accessory buildings
(i.e. guest houses and accessory dwelling units)!2l, !3l, !4l Same setbacks as required for the primary dwelling
Additions to dwelling (attached) Same setbacks as required for the dwelling
Notes:
(1)Maximum building height is 1 story and 14 feet with a 3:12 roof pitch or 10 feet with less than a 3:12 roof pitch.
(2)Minimum 10-foot separation required between a habitable building and any other detached accessory
building/structure.
(3)Must be. architecturally compatible with the existing structure.
(4)Except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030.
25.That Chapter 21.53 of the Carlsbad Municipal Code is amended by the addition of a new
section as shown below:
21.53.260 Small wireless facilities {SWF).
Small wireless facilities shall comply with City Council Policy Statement No. 64. An application for an
SWF located on public or private property may be processed as a building permit, and an application
for an SWF located within the public right-of-way of roads may be processed as a right-of-way permit
pursuant to Title 11 of the Carlsbad Municipal Code.
(b)
26.That subsection (b) of Section 21.53.230 of the Carlsbad Municipal Code is amended as
shown below:
Undevelopable Lands.
(1)The following lands are undevelopable and shall be excluded from density calculation:
(A)Beaches;
(B)
(C)
(D)
(E)
(F)
Permanent bodies of water;
Floodways;
Natural slopes with an inclination of greater than 40% except as permitted
pursuant to Section 21.95.140.B of this code;
Significant wetlands;
Significant riparian or woodland habitats;
April 9, 2024 Item #7 Page 26 of 58
(G)Land subject to major power transmission easements;
(H)Railroad track beds;
(2)The following lands are undevelopable but may be included in density calculation,
unless such lands meet any of the criteria listed Section 21.53.230(b)(1).
(A)Land upon which other significant environmental features as determined by the
environmental review process for a project are located;
(B)Hardlined habitat preserve areas as identified in the Carlsbad Habitat
Management Plan.
27.That subsection C of Section 21.54.125 is amended as follows:
C.If an approved development permit was issued pursuant to the provisions of
Section 21.54.040 of this title, any amendment to said permit shall be acted on by the
decision-making authority that approved the original permit, except that if the city council
approved the original permit, the planning commission shall have the authority to act upon
the amendment.
28.That subsection F of Section 21.83.020 of the Carlsbad Municipal Code is amended as
shown below:
F."Family day care home" means a dwelling which regularly provides non medical care,
protection, and supervision of fourteen or fewer children, in the provider's own home, for
periods of less than twenty-four hours per day, while the parents or guardians are away. The
actual number of children permitted in a family day care home is based on age composition as
determined by the permitting agency. Family day care homes include either of the following:
1."Large family day care home," means a dwelling which provides family day care for
seven to fourteen children, inclusive, including children under the age of ten years who
reside at the home as defined in Section 1596. 78 of the California Health and Safety
Code and as permitted by the licensing agency;
2."Small family day care home," means a dwelling which provides family day care for
eight or fewer children, including children under the age of ten years who reside at the
home as defined in Section 1596.78 of the California Health and Safety Code and as
permitted by the licensing agency.
29.That Section 21.83.040 of the Carlsbad Municipal Code is amended as shown below:
21.83.040 Use chart.
The following use chart indicates the zones where small and large family day care homes and
child day care centers are permitted, subject to the requirements of this chapter.
"P" indicates that the use is permitted in the zone.
"MCUP" indicates that the use is permitted subject to approval of a minor conditional use
permit (process one) processed in accordance with Chapter 21.42 of this title.
April 9, 2024 Item #7 Page 27 of 58
"CUP" indicates that the use is permitted subject to approval of a conditional use permit
(process two) processed in accordance with Chapter 21.42 of this title.
"X" indicates that the use is prohibited in the zone.
Small Family Day Care Large Family Day Care
Home (8 or fewer Home (14 or fewer
Zoning children) children) Child Day Care Center
R-A, R-E, E-A p p X
R-1 p p X
R-2 p p X
R-3, RD-M, R-P p p MCUP(1)(2)
R-T, R-W, RMHP p p X
0 X X MCUP(1)(2)
H-0 X X P{l)
C-F X X MCUP(1)(2)
C-1, C-2, C-L X X P(l)
P-M, C-M X X CUP(4)
M, P-U, 0-5, L-C, T-C, C-T X X X
V-8, P-C (3) (3) (1)(2)(3)
Notes:
(1)Permitted subject to the provisions of Section 21.83.080 of this chapter.
(2)Child day care centers are allowed as a permitted use (no conditional use permit or minor conditional use permit
required) within existing buildings on developed church or school sites, subject to the provisions of
Section 21.83.080 of this chapter.
(3)Permitted subject to the standards of the controlling document (Village and Barrio master plan or designated master
plan).
(4)Permitted subject to the provisions of Sections 21.83.060 and 21.83.080 of this chapter.
30.That Section 21.83.050 is amended as shown below:
21.83.050 Requirements for large family day care homes.
A.The applicant shall obtain all licenses and permits required by state law for operation of the
facility and shall keep all state licenses or permits valid and current.
B.Development Standards.
1.The facility shall comply with all zoning standards otherwise applicable to other
residences, however, the use of a dwelling for the purposes of this section shall not
constitute a change of occupancy for purposes of Title 18 of this code.
2.The facility shall comply with all standards relating to fire and life safety applicable to
residences established by the state fire marshal contained in Title 24 of the California
Code of Regulations as amended from time to time.
3.An outdoor play area which satisfies the requirements of the state, community care
licensing division shall be provided in the rear yard and shall be enclosed by a natural
barrier, wall, solid fence, or other solid structure a minimum of five feet in height. The
provider shall ensure that outdoor play times do not begin until after nine a.m. and
end before five p.m. The provider shall stagger the number of children playing
outdoors at any one time to reduce noise impacts on surrounding residences.
April 9, 2024 Item #7 Page 28 of 58
4.All outdoor play areas shall be adequately separated from vehicular circulation and
parking areas by a strong fence such as chain link, wood or masonry.
5.Required garages shall be prohibited for use as a family day care home and shall be
utilized for parking two of the applicant's onsite vehicles during the daily operation of
the day care home rather than parking the vehicles on the street or in the driveway.
6.The applicant shall designate the onsite driveway as the official drop-off and pick-up
area for children and shall notify parents of this requirement. Said driveway shall
remain free and clear of parked cars.
7.The applicant shall require that employees park in locations which will not
inconvenience nearby residents. To disrupt the neighborhood as little as possible, best
efforts shall be made by the applicant to require employees to park as close as
possible to the family day care home.
31.That subsection E.1.b of Section 21.210.070 is amended as shown below:
b.HMP Permit.
i.An application for a HMP permit may be approved, conditionally
approved or denied by the planning commission or city council, as
specified in Section 21.54.040 of this title.
ii.The decision on a HMP permit shall be based upon the decision-making
authority's review of the facts as set forth in the application, of the
circumstances of the particular case, and evidence presented at the
public hearing.
iii.The decision-making authority shall hear the matter and may approve
or conditionally approve the HMP permit if all of the findings of fact in
subsection F of this section are found to exist.
32.That the following list of sections are amended by the substitution of the 1994 General
Plan Land Use designation titles with the updated titles from the 2015 General Plan as
shown in the table below:
21.08.010 Intent and purpose
21.10.010 Intent and purpose.
21.12.010 Intent and purpose.
21.16.010 Intent and purpose.
21.18.010 Intent and purpose.
21.22.010 Intent and purpose.
21.24.010 Intent and purpose.
21.29.010 Intent and purpose.
21.43.020 Definitions.
April 9, 2024 Item #7 Page 29 of 58
1994 General Plan 2015 Gelleral Plan
Land Use Deslanatlon 11tles Land Use Deslanatlon Titles
Residential Low Density (RL) R-1.5 (Residential 0-1.5 du/ac)
Residential Low-Medium Density {RLM) R-4 (Residential 0-4 du/ac)
Residential Medium Density (R-M) R-8 (Residential 4-8 du/ac)
Residential Medium-High Density {RMH) R-15 {Residential 8-15 du/ac)
Residential High Density (RH) R-23 (Residential 15-23 du/ac)
Travel/Recreational Commercial {T-R) Visitor Commercial {V-C)
33.That the following list of sections are amended by the substitution of the 1994 General
Plan Land Use designation labels with updated labels from the 2015 General Plan as
shown in the table below:
21.08.070 Minimum lot area.
21.10.090 Minimum lot area.
21.18.020 Permitted uses.
21.24.020 Permitted uses.
21.24.100 Lot area.
21.45.040 Permitted zones and uses.
21.45.060 General development standards.
21.45.070 Development standards for one-family dwellings and twin-homes on small lots.
21.45.080 Development standards for condominium projects.
21.90.045 Growth management residential control point established.
1994 General Plan 2015 General Plan
Land Use: -on Title Symbols Land Use-:--�--n Tltle Symbols
RL R-1.5
RLM R-4
R-M R-8
RMH R-15
RH R-23
T-R V-C
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.
April 9, 2024 Item #7 Page 30 of 58
. ~ ·--:· ~-~·-•tJ
EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES INSIDE THE COASTAL ZONE:
This ordinance shall be effective thirty days after its adoption or upon Coastal Commission approval of
LCPA 2022-0014, 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 13th
day of September, 2022, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 27th day of September, 2022, by the following vote, to wit:
AYES:
NAYS:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
U4idaL-� CINDIE McMAHON, CITY ATTORNEY
MATT HALL, Mayor
t!fy LrvFAVIOLA MEDINA, City Clerk Services Manager f -(SEAL)
April 9, 2024 Item #7 Page 31 of 58
Exhibit 4
Strikeout/Underline
California Coastal Commission’s Suggested Modifica�ons
Housing Element Program Implementa�on (ZCA 2022-0001/LCPA 2022-0013)
2022 Zoning Ordinance Cleanup (ZCA 2022-0002/LCPA 2022-0014)
A. Housing Element Program Implementa�on (ZCA2022-0001/LCPA 2022-0013)
1. Modify Zoning Ordinance Sec�on 21.26.015.A as follows:
A. Residen�al uses are allowed either ver�cally, meaning within the same building, or horizontally,
meaning within a separate building on the same site. Residen�al uses must be Accessory
accessory to the nonresiden�al uses permited by Sec�on 21.26.010 of this �tle.
2. Modify Zoning Ordinance Sec�on 21.28.015.A as follows:
A. Residen�al uses are allowed either ver�cally, meaning within the same building, or horizontally,
meaning within a separate building on the same site. Residen�al uses must be Accessory
accessory to the nonresiden�al uses permited by Sec�on 21.26.010 of this �tle.
3. Modify Zoning Ordinance Sec�on 21.31.065.A as follows:
A. Residen�al uses are allowed either ver�cally, meaning within the same building, or horizontally,
meaning within a separate building on the same site. Residen�al uses must be Accessory
accessory to the nonresiden�al uses permited by Sec�on 21.26.010 of this �tle.
4. Modify Zoning Ordinance Sec�on 21.53.120.B as follows:
B. Development Standards.
1. The development (both for mul�-family residen�al and affordable housing) shall be subject
to the development standards of the zone in which the development is located and/or any
applicable specific or master plan except for affordable housing projects as expressly
modified by the site development plan. The site development plan for affordable housing
projects may allow less restric�ve development standards than specified in the underlying
zone or elsewhere provided that the project is in conformity with the general plan and
adopted policies and goals of the city, it would have no detrimental effect on public health,
safety and welfare, and, in the coastal zone, any project processed pursuant to this chapter
shall be consistent with all cer�fied local coastal program provisions, with the excep�on of
density. The decision-making authority for the site development plan and any other
associated permits, other than coastal development permits, can only shall require only
objec�ve requirements that involve no personal or subjec�ve 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 submital. These standards shall be were published in advance and consistent
with The Zoning Ordinance, General Plan, any applicable Master or Specific Plan, cer�fied
Local Coastal Program, and the Government Code of the State of California.
April 9, 2024 Item #7 Page 32 of 58
B. 2022 Zoning Ordinance Cleanup (ZCA2022-0002/LCPA 2022-0014)
1. Modify Zoning Ordinance Sec�on 21.37.010.A as follows:
A. The intent and purpose of the mobile home park zone is to:
1. Provide loca�ons where mobile homes and mobile home parks may be established,
maintained and protected;
2. Provide a means to regulate and control the conversion of exis�ng mobile home parks to
another use;
3. Promote and encourage an orderly residen�al environment with appropriate physical
ameni�es; and
4. Implement the goals and objec�ves of the general plan, including all residen�al land use
designa�ons and the housing element, consistent with the coastal resource policies set
forth in the cer�fied Local Coastal Program.
2. Modify Zoning Ordinance Sec�on 21.37.090.A as follows:
A. The following design criteria shall apply to all mobile home parks to the extent permited
according to California Health and Safety Code §18200, et seq. and §1886018665 et seq.,
respec�vely:
1. The overall plan shall be comprehensive, embracing land, buildings for common use or park
service and maintenance, landscaping and their interrela�onships, and shall conform to
adopted plans for all governmental agencies for the area in which the proposed
development is located;
2. The plan shall provide for adequate circula�on, off-street parking, open recrea�onal areas
and other per�nent ameni�es. Buildings, structures and facili�es for common use in the
park or for service and maintenance of the park shall be well integrated, oriented and
related to the topographic and natural landscape features of the site;
3. The proposed development shall be compa�ble with exis�ng and planned land use and
with circula�on paterns on adjoining proper�es. It shall not cons�tute a disrup�ve element
to the neighborhood or community; and
4. Common areas and recrea�onal facili�es shall be located so as to be readily accessible to
the occupants of the dwelling units and shall be well related to any common open spaces
provided.
3. Modify Zoning Ordinance Sec�on 21.53.260 as follows:
21.53.260 Small wireless facili�es (SWF).
A. Small wireless facili�es shall comply with all applicable city requirements and the cer�fied Local
Coastal Program City Council Policy Statement No. 64. An applica�on for an SWF located on
public or private property may be processed as a building permit, and an applica�on for an SWF
located within the public right-of-way of roads may be processed as a right-of-way permit
pursuant to Title 11 of the Carlsbad Municipal Code. For a SWF located in the Coastal Zone, a
coastal development permit may be required pursuant to Chapter 21.201.
B. Small wireless facili�es between the first public roadway and the ocean or lagoons shall not
create significant impacts to public views from scenic corridors, scenic public view areas, public
paths, bikeways, beaches and public recrea�onal facili�es, and shall not require the
construc�on of shoreline protec�ve devices. If there is no feasible alterna�ve that can comply
with this requirement without resul�ng in a significant gap in communica�on coverage, then
the alterna�ve that would result in the fewest or least significant impacts to public views, public
access and recrea�on, and shoreline processes shall be selected.
April 9, 2024 Item #7 Page 33 of 58
STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR
CALIFORNIA COASTAL COMMISSION
SAN DIEGO DISTRICT OFFICE 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4402 VOICE (619) 767-2370 FAX (619) 767-2384 Th18c
Date: January 25, 2024
To: COMMISSIONERS AND INTERESTED PERSONS
From: KARL SCHWING, DEPUTY DIRECTOR, SAN DIEGO COAST DISTRICT
KAITLIN CARNEY, DISTRICT SUPERVISOR, SAN DIEGO COAST DISTRICT CHELSEA JANDER, COASTAL PLANNER, SAN DIEGO COAST DISTRICT
Subject: STAFF RECOMMENDATION ON CITY OF CARLSBAD MAJOR AMENDMENT NO. LCP-6-CAR-22-0053-2 (Housing Element Program Implementation) for Commission Meeting of February 7-9, 2024
SYNOPSIS
The subject LCP implementation plan amendment was submitted and filed as complete on December 23, 2022. A one-year time extension was granted on March 9, 2023. As such,
the last date for Commission action on this item is March 23, 2024. This amendment
affects the City’s certified Implementation Plan only.
The subject request was submitted with LCP Amendment No. LCP-6-CAR-22-0052-2, which relates to zoning code clean up and is also scheduled for the Commission’s February 2024 meeting.
SUMMARY OF AMENDMENT REQUEST
The City of Carlsbad is requesting an amendment to the City’s Zoning Ordinance, part of the certified LCP Implementation Plan, to make the City’s LCP consistent with state law. Specifically, the proposed amendment would amend Chapters 21.26 (C-1 Neighborhood Commercial Zone), 21.28 (C-2 General Commercial Zone), 21.31 (C-L Local Shopping
Center Zone) of the Municipal Code, to clarify the authority for affordable housing projects
and update definitions of what can be considered mixed-use in commercially designated properties.
These sections of the LCP implement the state’s affordable housing law as found in Government Code sections 65913.4 and 66300 (a)(7) and establish the definition of
Objective Design for Senate Bill 35 and Senate Bill 330 applications, which include
affordable housing requirements. The subject request was submitted to implement Senate Bill (SB) 35, which became effective on January 1, 2018, and Senate Bill (SB) 330, which became effective on January 1, 2020.
Exhibit 5
April 9, 2024 Item #7 Page 34 of 58
LCPA LCP-6-CAR-22-0053-2
2
First, the proposed amendment clarifies that the decision-making authority may only require objective design standards for multi-family residential and affordable housing
projects. This change is intended to encourage multi-family and mixed-use housing
production by creating clear standards applicable to all such projects. The objective design standards as already outlined throughout the IP within the different zone chapters are maintained; however, the ability for local decisionmakers to impose subjective design standards are removed from the IP in the proposed amendment. The City’s proposed
amendment is intended to make the City’s LCP consistent with state law (SB 35 and SB
330) and the City’s Housing Element. Second, the amendment would allow horizontal and vertical mixed-use housing to occur on the ground floor of buildings located with the C-1 Neighborhood Commercial Zone, C-2
General Commercial Zone, and C-L Local Shopping Center Zone. The City’s LCP currently
allows mixed-use residential in commercial zones as a secondary use. Residential uses must be located above the ground floor of a multi-storied commercial building with the non-residential use on the ground floor. The proposed amendment will allow both vertical and horizontal mixed-use housing projects. Of note, the proposed amendment does not include
any changes to Chapter 21.29 (C-T Commercial Tourist Zone), which provides visitor-
serving commercial uses in the City. Therefore, while these changes affect particular land use types, they do not change any existing coastal resource protection requirements.
SUMMARY OF STAFF RECOMMENDATION
Staff is recommending denial of the Implementation Plan (IP) amendment as submitted,
and approval of the amendment as modified in this staff report. The Commission may reject IP amendments only if the amendment would be inconsistent with the certified Land Use Plan (LUP) or render the IP inadequate to carry out the LUP.
The primary concern regarding the proposed amendment is that it would allow only
objective design standards to be applied to new multi-family and affordable housing, which may not adequately protect coastal resources that may include subjective evaluation, such as community character, visual resources, and public views.
Staff is therefore recommending suggested modifications to clarify that the restriction on
the ability to impose only subjective design standards for multi-family housing does not apply to coastal development permits and only applies to site development plans and other local permits. Consequently, while multi-family housing projects located outside the coastal zone would have objective design standards apply, other proposed development within the
coastal zone would still have to meet all coastal resource protection and public access
standards of the certified LUP. Therefore, the proposed amendment will encourage affordable housing projects within the coastal zone while minimizing adverse impacts to community character, visual resources, public views, sensitive biological resources such as wetlands or ESHA, and public access to the coast. Suggested Modification #1
clarifies that multi-family housing projects are required to comply with LUP policies and
provisions. Suggested Modifications #2, #3, and #4 address an administrative correction to ensure that the correct annotations are included in the IP.
April 9, 2024 Item #7 Page 35 of 58
LCPA LCP-6-CAR-22-0053-2
3
In sum, the amendment should provide guidance on new objective development standards, and in a manner that respects and protects coastal resources. As modified, the
proposed amendment is consistent with and adequate to carry out the Land Use Plan
(LUP), the standard of review for this IP amendment. City staff has indicated it is in agreement with the staff recommendation. Therefore, staff recommends that the Commission approve the amendment with the suggested modifications below.
The appropriate motions and resolutions begin on page 5. The suggested modifications begin on page 6. The findings for denial of the Implementation Plan Amendment as submitted begin on page 10. The findings for approval of the plan, if modified, begin on page 11.
BACKGROUND
There are six geographic segments in the City’s LCP. The City’s LCP has a unique history in that special legislation directed the Commission to draft the initial LCP. One segment, the Village Redevelopment Area LCP, was certified in 1988 and the City has been issuing coastal development permits there since that time. On October 21, 1977, the City assumed
permit jurisdiction and has been issuing coastal development permits for all of the
remaining segments, except Agua Hedionda. The Agua Hedionda Lagoon LCP segment is a deferred certification area until an implementation plan for that segment is certified.
ADDITIONAL INFORMATION
Further information on the City of Carlsbad LCP amendment LCP-6-CAR-22-0053-2 may
be obtained from Chelsea Jander, Coastal Planner, at (619) 767-2370 or
SanDiegoCoast@coastal.ca.gov.
April 9, 2024 Item #7 Page 36 of 58
LCPA LCP-6-CAR-22-0053-2
4
TABLE OF CONTENTS
I. OVERVIEW .............................................................................................. 5
A. LCP HISTORY ................................................................................................... 5 B. STANDARD OF REVIEW .................................................................................. 5 C. PUBLIC PARTICIPATION ................................................................................. 5 II. MOTIONS AND RESOLUTIONS .............................................................. 5
III. SUGGESTED MODIFICATIONS .............................................................. 6
IV. FINDINGS FOR REJECTION OF THE CITY OF CARLSBAD
IMPLEMENTATION PLAN AMENDMENT, AS SUBMITTED, AND APPROVAL IF MODIFIED ....................................................................... 7
A. AMENDMENT DESCRIPTION .......................................................................... 7 B. CONFORMANCE WITH THE CERTIFIED LAND USE PLAN ............................ 9 V. CONSISTENCY WITH THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) ........................................................................................... 12
EXHIBITS
Exhibit 1 – Proposed IP Amendment Exhibit 2 – City Council Resolution No. 2022-091 Exhibit 3 – City Council Ordinance No. CS-422 Exhibit 4 – Planning Commission Resolution No. 7441
April 9, 2024 Item #7 Page 37 of 58
LCPA LCP-6-CAR-22-0053-2
5
I. OVERVIEW
A. LCP HISTORY The City of Carlsbad’s certified LCP contains six geographic segments as follows: Agua Hedionda, Mello I, Mello II, West Batiquitos Lagoon/Sammis Properties, East Batiquitos Lagoon/Hunt Properties, and Village-Barrio. Pursuant to Sections 30170(f) and 30171 of the Public Resources Code, the Coastal Commission prepared and approved two portions
of the LCP, the Mello I and II segments in 1980 and 1981, respectively. The West Batiquitos Lagoon/Sammis Properties segment was certified in 1985. The East Batiquitos Lagoon/Hunt Properties segment was certified in 1988. The Village Redevelopment Area LCP was certified in 1988; the City has been issuing coastal development permits there since that time. The Village LCP segment was expanded and renamed the Village-Barrio
in 2019. On October 21, 1997, the City assumed permit jurisdiction and has been issuing coastal development permits for all segments except Agua Hedionda. The Agua Hedionda Lagoon LCP segment is a deferred certification area until an implementation plan for that segment is certified. This amendment modifies the City’s implementation plan.
B. STANDARD OF REVIEW
Pursuant to Section 30513 of the Coastal Act, the Commission may only reject zoning ordinances or other implementing actions, as well as their amendments, on the grounds that they do not conform with, or are inadequate to carry out, the provisions of the certified
land use plan. The Commission shall take action by a majority vote of the Commissioners
present.
C. PUBLIC PARTICIPATION The City has held Planning Commission and City Council meetings with regard to the
subject amendment request. All of those local hearings were duly noticed to the public. Notice of the subject amendment has been distributed to all known interested parties.
II. MOTIONS AND RESOLUTIONS
Following a public hearing, staff recommends the Commission adopt the following resolutions and findings. The appropriate motion to introduce the resolution and a staff recommendation are provided just prior to each resolution.
1. MOTION:
I move that the Commission reject the Implementation Program Amendment No. LCP-6-CAR-22-0053-2 as submitted. STAFF RECOMMENDATION OF REJECTION:
Staff recommends a YES vote. Passage of this motion will result in rejection of Implementation Program and the adoption of the following resolution and findings. The motion passes only by an affirmative vote of a majority of the Commissioners present.
April 9, 2024 Item #7 Page 38 of 58
LCPA LCP-6-CAR-22-0053-2
6
RESOLUTION TO DENY CERTIFICATION OF THE IMPLEMENTATION PROGRAM AMENDMENT AS SUBMITTED:
The Commission hereby denies certification of the Implementation Program
Amendment submitted for City of Carlsbad and adopts the findings set forth below on grounds that the Implementation Program as submitted does not conform with, and is inadequate to carry out, the provisions of the certified Land Use Plans. Certification of the Implementation Program would not meet the requirements of the
California Environmental Quality Act as there are feasible alternatives and
mitigation measures that would substantially lessen the significant adverse impacts on the environment that will result from certification of the Implementation Program as submitted.
2. MOTION:
I move that the Commission certify the Implementation Program Amendment No. LCP-6-CAR-22-0053-2 if it is modified pursuant to the staff recommendation.
STAFF RECOMMENDATION:
Staff recommends a YES vote. Passage of this motion will result in certification of the
Implementation Program Amendment with suggested modifications and the adoption of the
following resolution and findings. The motion passes only by an affirmative vote of a majority of the Commissioners present.
RESOLUTION TO CERTIFY THE IMPLEMENTATION PROGRAM AMENDMENT WITH SUGGESTED MODIFICATIONS:
The Commission hereby certifies the Implementation Program Amendment for the City of Carlsbad if modified as suggested and adopts the findings set forth below on grounds that the Implementation Program Amendment, with the suggested modifications, conforms with and is adequate to carry out the certified Land Use Plans. Certification of the Implementation Program Amendment if modified as suggested complies with the California
Environmental Quality Act, because either 1) feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the Implementation Program Amendment on the environment, or 2) there are no further feasible alternatives and mitigation measures that would substantially lessen any significant adverse impacts on the environment.
III. SUGGESTED MODIFICATIONS
Staff recommends the following suggested revisions to the proposed Implementation Plan
be adopted. Text in cross out and underline format denotes text that the Commission suggests be deleted/added. 1. Modify IP Section 21.53.120 (Affordable housing multi-family residential projects) subsection B (Development Standards) as follows:
April 9, 2024 Item #7 Page 39 of 58
LCPA LCP-6-CAR-22-0053-2
7
The decision making authority for the site development plan and any other associated permits, other than coastal development permits, can only shall require
only objective requirements that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal. These standards shall be were published in advance and consistent with The Zoning Ordinance, General Plan, any
applicable Master or Specific Plan, certified Local Coastal Program and the Government Code of the State of California. 2. Modify IP Section 21.26.015 (Residential uses) Subsection A as follows:
A. Residential uses are allowed either vertically, meaning within the same
building, or horizontally, meaning within a separate building on the same site.
Residential uses must be Accessory accessory to the nonresidential uses
permitted by Section 21.26.010 of this title.
3. Modify IP Section 21.28.015 (Residential uses in the C-2 zone) Subsection A as follows:
A. Residential uses are allowed either vertically, meaning within the same
building, or horizontally, meaning within a separate building on the same site.
Residential uses must be Accessory accessory to the nonresidential uses
permitted by Section 21.26.010 of this title.
4. Modify IP Section 21.31.065 (Residential uses) Subsection A as follows:
A. Residential uses are allowed either vertically, meaning within the same
building, or horizontally, meaning within a separate building on the same site.
Residential uses must be Accessory accessory to the nonresidential uses
permitted by Section 21.26.010 of this title.
IV. FINDINGS FOR REJECTION OF THE CITY OF CARLSBAD
IMPLEMENTATION PLAN AMENDMENT, AS SUBMITTED, AND APPROVAL IF MODIFIED
A. AMENDMENT DESCRIPTION
The City proposes to amend the Implementation Plan (IP) component of its certified Local
Coastal Program (LCP) to clarify the decisionmaking authority for multi-family residential and affordable housing projects and update definitions of what can be considered mixed-use in commercially designated properties.
Specifically, the proposed amendment clarifies that the decisionmaking authority may only require objective design standards for multi-family residential and affordable housing
April 9, 2024 Item #7 Page 40 of 58
LCPA LCP-6-CAR-22-0053-2
8
projects. The proposed amendment is intended to encourage multi-family and mixed-use housing production by creating clear standards applicable to all such projects. Similar to
other LCPs, the City’s existing IP includes a set of objective site design standards that all
development must meet depending on the type of project and its zoning district/location, including for height, setback, floor area ratio, density, and parking. These objective standards are then augmented with a series of other more subjective ones, including overall aesthetics and performance standards for neighborhood compatibility and
community design. Subjective design standards could include additional provisions for
parking standards, setbacks, height and bulk of buildings, and other conditions as deemed necessary to ensure conformity with the general plan and other adopted policies, goals, or objectives of the City. The proposed amendment removes the existing authority to impose special conditions or requirements that are more restrictive than the development
standards in the underlying zone. The objective design standards, as already outlined
throughout the IP within the different zone chapters, are maintained; however, the ability for local decision makers to impose subjective design standards is removed from the IP in the proposed amendment.
Over the past several years, many bills have been passed that revise the authority of local
governments to impose “subjective” standards. Government Code sections 65913.4 and 66300 (a)(7) establish the definition of Objective Design for Senate Bill 35 and Senate Bill 330 applications, which include affordable housing requirements. Objective Design requirements are defined by these codes as requirements that “involve no personal or
subjective judgment by a public official and are uniformly verifiable by reference to an
external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal.” Government Code section 65913.4(a)(6) specifically provides clarification that development within the coastal zone is precluded from the solely-objective requirements. The City’s proposed
amendment is intended to make the City’s LCP consistent with state law and the City’s
Housing Element. The proposed amendment does not include an updated set of objective design standards; however, Commission staff have received a separate LCP amendment that would add
additional objective design standards to the City’s LCP. That amendment will be processed
separately from the subject LCPA at a future date. The subject amendment removes the subjective design standards and removes the ability to impose subjective design standards, relying wholly on the objective design standards of the underlying zones.
Lastly, the proposed amendment includes changes to Chapters 21.26 (C-1 Neighborhood
Commercial Zone), 21.28 (C-2 General Commercial Zone), 21.31 (C-L Local Shopping Center Zone) to clarify that housing may occur on the ground floor of buildings located within these zones. The City’s LCP currently allows mixed-use residential in commercial zones as a secondary use and residential uses must be located above the ground floor of
a multi-storied commercial building with the non-residential use on the ground floor. The
proposed amendment will allow both vertical and horizontal mixed-use projects. Vertical mixed use is defined as residential uses being allowed in the same building as commercial uses, and horizontal mixed use is defined as separate buildings on the same site. The amendment would also replace the term “secondary uses” with “accessory uses” as there
is no definition of “secondary use” in the City’s LCP. Of note, the proposed amendment
does not include any changes to Chapter 21.29 (C-T Commercial Tourist Zone), which
April 9, 2024 Item #7 Page 41 of 58
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provides visitor-serving commercial uses in the city. Therefore, these changes affect particular land use types, but do not change any existing coastal resource protection
requirements.
Please see Exhibit 1 for the proposed IP amendment text.
B. CONFORMANCE WITH THE CERTIFIED LAND USE PLAN
The standard of review for LCP implementation plan submittals or amendments is their consistency with and ability to carry out the provisions of the certified LUP. The certified LUP has a number of goals and policies relevant to the proposed amendment; the most applicable LUP standards are as follows:
Mello II Policy 1-1 Allowable Land Uses states: Allowable uses are those that are consistent with both the General Plan and the Local Coastal Program. Policy 6-5 Need For 200 Additional Hotel-Motel Rooms, And Visitor-Serving Uses
states, in relevant part: […] additional visitor-serving (hotel-motel and restaurant) uses should be established […] and other visitor-serving facilities also need to be provided. Policy 8-1 Site Development Review states: The Scenic Preservation Overlay Zone
should be applied where necessary throughout the Carlsbad coastal zone to assure the maintenance of existing views and panoramas. Sites considered for development should undergo individual review to determine if the proposed development will obstruct views or otherwise damage the visual beauty of the area. The Planning Commission should enforce appropriate height limitations and see-
through construction, as well as minimize any alterations to topography. Policy 8-3 Infill Development Design Review states: While the Scenic Preservation Overlay Zone can be used to enhance the character of new development, the City of Carlsbad should adopt a policy whereby the unique characteristics of older
communities (especially the Elm Street corridor) can be protected through their redevelopment scheme. This policy should reflect design standards which are in accordance with the flavor of the existing neighborhood. East Batiquitos Lagoon
Policy 6 Scenic and Visual Qualities states, in relevant part: The scenic and visual qualities of the area are of great value to the region. Again, the focal point for these qualities is Batiquitos Lagoon. The viewshed to the lagoon and from the lagoon shoreline are important resources. Many of the requirements previously established
by this document address visual quality components [...] The City of Carlsbad’s certified LUP concludes with the following policy: III. IMPLEMENTATION: The Policy/Implementation Connection
The Local Coastal Program Land Use Element is the long range guide for the City, its citizens and property owners, and other regulatory agencies relative to
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conservation, management, and development within the Carlsbad Coastal zone. The City assumes primary responsibility for implementing the plan as it affects
private land use. The LCP will be used as the standard for evaluating and making
decisions on land use proposals in the Coastal zone. The policies of the Land Use Element are implemented by the City’s codes, policies and procedures.
1. FINDINGS FOR DENIAL
The Commission and the City are tasked with encouraging affordable housing while ensuring that coastal resources and public access are protected. The intent of the proposed amendment is to make the certified LCP consistent with state law by removing subjective development standards that could potentially discourage the creation of new affordable housing.
SB 35 specifically allows a development proponent to submit an application for a streamlined, ministerial (no public hearing) approval process when the proposed development is eligible and meets specific objective standards. The intent and purpose of this law is to streamline affordable housing projects. Government Code 65913.4(a)(6) specifically provides clarification that development within the coastal zone is precluded
from the purely objective requirements.
SB 330 expands or amends State legislation, including the Permit Streamlining Act and Housing Accountability Act, with the broad goals of facilitating increased production of new residential units, protecting existing units, and providing for an expedited review and approval process for housing development projects through submittal of a preliminary
application. This law authorizes local agencies to require a housing development project to comply with objective, quantifiable, written development standards, conditions, and policies appropriate to, and consistent with, meeting the jurisdiction’s share of the regional housing need, as specified. Importantly, Government Code Section 66300(h)(2) provides clarification that nothing supersedes, limits, or otherwise changes the requirements of the
Coastal Act. Therefore, projects within the coastal zone are still required to comply with the Coastal Act and any certified LCP.
Overall, these state laws are important for affordable housing and provide important incentives for development of housing units through the increase of multi-family and mixed-use housing. The proposed amendment removes the City’s ability to impose
subjective standards. The goal would be to make design standards objective and therefore more readily discernible to developers and the general public. The intent of the proposed language would in turn help facilitate more streamlined review and processing for multi-family housing projects.
The standard of review for LCP implementation submittals or amendments is their
consistency with and ability to carry out the provisions of the certified LUP. The City’s proposed language lacks clarity regarding the situations in which a multi-family housing project is required to only be evaluated on objective design standards, especially for proposed development within the coastal zone. As proposed, the language fails to require that all multi-family and affordable housing projects shall be consistent with the certified
LUP and Coastal Act policies, where applicable. Therefore, the proposed amendment as submitted potentially allows for coastal resource impacts.
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The Commission is concerned about the use of only objective design standards for multi-family housing projects located within the coastal zone, as the provisions set forth in the
LUP are both subjective and objective. An example of such subjective analysis includes
the protection of public views. While an objective analysis may require multi-family housing projects to comply with a certain setback, this minimum setback alone may not adequately protect public views as is required by the LUP. As proposed, the City’s language removes the ability to apply subjective design standards to all multi-family housing projects, and
thus does not sufficiently protect coastal resources. While the City is not proposing to amend any existing development standards or any certified resource protection measures in the LCP, the proposed amendment fails to adequately protect coastal resources.
Lastly, the amendment includes changes to Chapters 21.26 (C-1 Neighborhood Commercial Zone), 21.28 (C-2 General Commercial Zone), 21.31 (C-L Local Shopping
Center Zone). As described above, the amendment proposes to update these commercial zones to clarify that residential uses may occur either vertically or horizontally on the ground floor of buildings located within these zones. Policy 6-5 of the Mello II LUP requires that visitor-serving uses be established and provided within the Implementation Plan. The City’s Commercial Tourist (C-T) zone implements this policy and provides for the visitor-
serving developments. Because the proposed amendment does not include any changes to Chapter 21.29 (C-T Commercial Tourist Zone), the amendment is consistent with and adequately carries out the goals of the LUP.
2. FINDINGS FOR APPROVAL IF MODIFIED As described above, the City’s proposed amendment regarding objective design standards
for multi-family and mixed-use housing projects is not adequate to carry out the certified LUP policies as submitted. As such, the suggested modifications are required to clarify that multi-family and affordable housing projects shall be consistent with the coastal resource protection and, if applicable, the public access requirements of the LUP.
In regard to multi-family housing, Suggested Modification #1 revises Section 21.53.120
(Affordable housing multi-family residential projects) to clarify that the restriction on the ability to impose only objective design standards does not apply to coastal development permits and only applies to site development plans and other local permits. Thus, the City will still be able to impose subjective requirements when necessary to implement the coastal resource protection, and where applicable, the public access requirements of the
certified Carlsbad LUP. Multi-family housing projects that require a CDP will be subject to the objective design standards as well as the subjective design standards required by the LUP.
Consequently, while multi-family housing projects located outside the coastal zone would only have objective design standards apply, development within the coastal zone would
still have to meet all coastal resource protection and public access standards of the certified LUP, including those that may be subjective. Therefore, as modified, the proposed amendment will encourage affordable housing projects within the coastal zone while minimizing adverse impacts to community character, visual resources, public views, sensitive biological resources such as wetlands or ESHA, and public access to the coast.
This revision will ensure that all coastal resource protections in the City of Carlsbad remain protected, and it is consistent with the LUP.
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Suggested Modifications #2, #3, and #4 revise Section 21.26.015 (Residential uses), Section 21.28.015 (Residential uses in the C-2 zone), and Section 21.31.065 (Residential
uses) respectively to address the administrative error of submitting the amendment without
correct annotation. The proposed amendment submittal did not include the correct underline format, and therefore without such modifications, the amendment will not have complete sentences. No modifications are proposed to alter any content from the originally proposed amendment. Therefore, Suggested Modifications #2, #3, and #4 address an
administrative correction to ensure that the correct annotations are included in the IP.
Therefore, as modified and in conjunction with other objective standards already present in the LUP, the proposed amendment will not result in any adverse coastal resource impacts and will result in consistency with state law. Through the inclusion of these suggested
modifications, multi-family housing projects will be required to avoid significant coastal
resources impacts. Thus, the modified language will enable multi-family housing projects to be implemented in the coastal zone while avoiding impacts to coastal resources and public access. In sum, the amendment as modified will provide for objective design standards, and in a manner that respects and protects coastal resources, and with an aim
to encourage and facilitate multi-family and mixed-use housing development. The
Commission thus finds the proposed amendment as modified with the four suggested modifications to be consistent with and adequate to carry out the policies of the LUP.
V. CONSISTENCY WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA)
Section 21080.9 of the California Environmental Quality Act (CEQA) exempts local government from the requirement of preparing an environmental impact report (EIR) in connection with its local coastal program. The Commission's LCP review and approval program has been found by the Resources Agency to be functionally equivalent to the EIR process. Thus, under CEQA Section 21080.5, the Commission is relieved of the
responsibility to prepare an EIR for each LCP submission.
The City determined that the subject LCP amendment is exempt from further CEQA review (Cal. Code of Regs., tit. 14, § 15162(a)). Nevertheless, the Commission is required in an LCP submittal or, as in this case, an LCP amendment submittal, to find that the LCP, or LCP, as amended, does conform with CEQA. In this particular case, the LCP amendment
as modified will not have any significant effects on the environment and no significant coastal resource impacts are anticipated. The suggested modifications will ensure that multi-family housing projects are consistent with LCP provisions related to the protection of sensitive habitats, water quality management, and safety from geologic hazards. Therefore, the Commission finds that the subject IP, as amended, confirms with the CEQA
provisions.
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STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR
CALIFORNIA COASTAL COMMISSION
SAN DIEGO DISTRICT OFFICE 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4402 VOICE (619) 767-2370 FAX (619) 767-2384 Th18b
Date: January 25, 2024
To: COMMISSIONERS AND INTERESTED PERSONS
From: KARL SCHWING, DEPUTY DIRECTOR, SAN DIEGO COAST DISTRICT
KAITLIN CARNEY, DISTRICT SUPERVISOR, SAN DIEGO COAST DISTRICT CHELSEA JANDER, COASTAL PLANNER, SAN DIEGO COAST DISTRICT
Subject: STAFF RECOMMENDATION ON CITY OF CITY OF CARLSBAD MAJOR AMENDMENT NO. LCP-6-CAR-22-0052-2 (Zoning Cleanup 2022) for Commission Meeting of February 7-9, 2024
SYNOPSIS
The subject LCP implementation plan amendment was submitted and filed as complete on December 23, 2022. A one-year time extension was granted on March 9, 2023. As such,
the last date for Commission action on this item is March 23, 2024. This amendment
affects the City’s certified Implementation Plan only.
The subject request was submitted with LCP Amendment No. LCP-6-CAR-22-0053 which relates to affordable housing provisions and is also scheduled for the February 2024 hearing.
SUMMARY OF AMENDMENT REQUEST
The City of Carlsbad is requesting an amendment to the City’s Zoning Ordinance, part of the certified LCP Implementation Plan, in order to bring the City’s zoning code into compliance with state and federal law. Specifically, the proposed amendment would amend various sections of Chapter 15 and Chapter 21 in order to complete the following:
expand work exempt from obtaining a grading permit; remove outdated references for
density definitions; clarify allowable roof height and pitch for maximum building height; remove building separation requirements in residential zones; clarify street side yard setback requirements; create a new definition for personal services, remove redundant uses and replace with personal services; amend expiration requirements for conditional
use permits; remove pool setbacks for one-family dwellings and twin-homes on small lots;
amend the undevelopable lands definition to be consistent with the certified Habitat Management Plan; create a definition for “employee housings, small” and specifying permitted use; modify family day care home definitions to be consistent with state law; update mobile home policies to be consistent with state law; create a definition for “small
wireless facilities” and provide guidance on applicable regulations; update incorrect code
Exhibit 6
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references; and remove outdated land use designation terms and replace with updated terms that reflect the current General Plan.
The small wireless facilities component of the proposed amendment is the most substantive part of the subject LCP amendment. The LCP implementation plan amendment proposes to add a new reference to the City Council Policy Statement No. 64, which provides review and operation guidelines for proposed small wireless facilities.
Through reference to this policy statement, the amendment addresses the possible
impacts small wireless facilities might have on the aesthetics, safety, or welfare of the City. Currently, the City’s LCP does not contain any provisions specifically addressing these types of facilities.
The proposed changes to mobile home policies bring the certified LCP into compliance by
removing development standards that may be in conflict with state law. By removing these
development standards within the IP, the City reduces possible code conflicts with the requirements set forth by the state. The amendment maintains several development standards such as parking, roadway designs, exterior walls, and service building locations.
Lastly, as noted above, the proposed amendment touches a handful of other
miscellaneous IP sections, none of which raise any substantive coastal resource or LUP consistency concern.
SUMMARY OF STAFF RECOMMENDATION
Staff is recommending denial of the Implementation Plan (IP) amendment as submitted,
and approval of the amendment as modified in this staff report.
The Commission may reject IP amendments only if the amendment would be inconsistent with the certified Land Use Plan (LUP) or render the IP inadequate to carry out the LUP. As proposed by the City, the IP amendment would modify one aspect of Chapter 15
Grading and Drainage and various elements located within Chapter 21 Zoning Code. With
the exception of the small wireless facilities and mobile home policies, the proposed changes are minor and would not have adverse impacts to coastal resources or public access.
The primary concerns regarding mobile home policies and small wireless facilities are the
potential impacts to coastal resources associated with community character, visual resources, public views, sensitive biological resources such as wetlands or ESHA, or public access to the coast. Staff is therefore recommending suggested modifications to clarify that mobile home development shall be consistent with the coastal resource
protection, and where applicable, the public access requirements of the certified Carlsbad
LCP. Therefore, the proposed amendment will ensure that mobile home development within the coastal zone will minimize adverse impacts to community character, visual resources, public views, sensitive biological resources such as wetlands or ESHA, or public access to the coast. Suggested Modification #1 clarifies that mobile home
development are required to comply with the certified LCP policies and provisions. Suggested Modification #2 makes a minor correction to the citation to the Health and Safety Code regarding mobile homes.
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The amendment also proposes a new definition of small wireless facilities and provides implementation policy regarding this new land use designation through incorporation of a
City Council Policy statement. As proposed, the LCPA does not adequately protect coastal
resources in the siting and design of small wireless facilities, lacks clarity when a CDP is required, and adds in a City Council policy reference. The Commission disfavors incorporation by reference in LCPs as potentially the referred document would be amended outside the context of LCPA review. Staff is therefore recommending suggested
modifications to remove a section that was not intended to be incorporated by reference, provide clarification regarding when a CDP is required, and clarify that small wireless facilities within the coastal zone must be consistent with the city’s certified LCP. Suggested Modification #3 addresses these concerns to clarify that small wireless facilities must comply with the certified LCP.
In sum, the amendment should provide guidance in a manner that respects and protects coastal resources. As modified, the proposed amendment is consistent with and adequate to carry out the Land Use Plan (LUP), the standard of review for this IP amendment, and the City has indicated it is in agreement with the staff recommendation. Therefore, staff
recommends that the Commission approves the amendment with the suggested modifications below. The appropriate motions and resolutions begin on page 5. The suggested modifications begin on page 6. The findings for denial of the Implementation Plan Amendment as
submitted begin on page 10. The findings for approval of the plan, if modified, begin on
page 12.
BACKGROUND
There are six geographic segments in the City’s LCP. The City’s LCP has a unique history
in that special legislation directed the Commission to draft the initial LCP. One segment,
the Village Redevelopment Area LCP, was certified in 1988 and the City has been issuing coastal development permits there since that time. On October 21, 1977, the City assumed permit jurisdiction and has been issuing coastal development permits for all of the remaining segments, except Agua Hedionda. The Agua Hedionda Lagoon LCP segment is
a deferred certification area until an implementation plan for that segment is certified.
ADDITIONAL INFORMATION
Further information on the City of Carlsbad LCP amendment 6-CAR-22-0052-2 may be obtained from Chelsea Jander, Coastal Planner, at (619) 767-2370 or SanDiegoCoast@coastal.ca.gov.
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TABLE OF CONTENTS
I. OVERVIEW .............................................................................................. 5
A. LCP HISTORY ................................................................................................... 5 B. STANDARD OF REVIEW .................................................................................. 5 C. PUBLIC PARTICIPATION ................................................................................. 5 II. MOTIONS AND RESOLUTIONS .............................................................. 5
III. SUGGESTED MODIFICATIONS .............................................................. 6
IV. FINDINGS FOR REJECTION OF THE CITY OF CARLSBAD
IMPLEMENTATION PLAN AMENDMENT, AS SUBMITTED, AND APPROVAL IF MODIFIED ....................................................................... 7
A. AMENDMENT DESCRIPTION .......................................................................... 7 B. CONFORMANCE WITH THE CERTIFIED LAND USE PLAN ............................ 8 V. CONSISTENCY WITH THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) ........................................................................................... 13
EXHIBITS
Exhibit 1 – Proposed IP Amendment Exhibit 2 – City Council Ordinance No. CS-432 Exhibit 3 – Planning Commission Resolution No. 7452
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I. OVERVIEW
A. LCP HISTORY The City of Carlsbad’s certified LCP contains six geographic segments as follows: Agua Hedionda, Mello I, Mello II, West Batiquitos Lagoon/Sammis Properties, East Batiquitos
Lagoon/Hunt Properties, and Village-Barrio. Pursuant to Sections 30170(f) and 30171 of the Public Resources Code, the Coastal Commission prepared and approved two portions of the LCP, the Mello I and II segments in 1980 and 1981, respectively. The West Batiquitos Lagoon/Sammis Properties segment was certified in 1985. The East Batiquitos Lagoon/Hunt Properties segment was certified in 1988. The Village Redevelopment Area
LCP was certified in 1988; the City has been issuing coastal development permits there since that time. The Village LCP segment was expanded and renamed the Village-Barrio in 2019. On October 21, 1997, the City assumed permit jurisdiction and has been issuing coastal development permits for all segments except Agua Hedionda. The Agua Hedionda Lagoon LCP segment is a deferred certification area until an implementation plan for that
segment is certified. This amendment modifies the City’s implementation plan.
B. STANDARD OF REVIEW Pursuant to Section 30513 of the Coastal Act, the Commission may only reject zoning
ordinances or other implementing actions, as well as their amendments, on the grounds that they do not conform with, or are inadequate to carry out, the provisions of the certified land use plan. The Commission shall take action by a majority vote of the Commissioners present.
C. PUBLIC PARTICIPATION
The City has held Planning Commission and City Council meetings with regard to the subject amendment request. All of those local hearings were duly noticed to the public. Notice of the subject amendment has been distributed to all known interested parties.
II. MOTIONS AND RESOLUTIONS
Following a public hearing, staff recommends the Commission adopt the following resolutions and findings. The appropriate motion to introduce the resolution and a staff
recommendation are provided just prior to each resolution.
1. MOTION: I move that the Commission reject the Implementation Program Amendment No. LCP-6-CAR-22-0052-2 as submitted.
STAFF RECOMMENDATION OF REJECTION:
Staff recommends a YES vote. Passage of this motion will result in rejection of Implementation Program and the adoption of the following resolution and findings. The motion passes only by an affirmative vote of a majority of the Commissioners present.
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RESOLUTION TO DENY CERTIFICATION OF THE IMPLEMENTATION PROGRAM AMENDMENT AS SUBMITTED:
The Commission hereby denies certification of the Implementation Program
Amendment submitted for the City of Carlsbad and adopts the findings set forth below on grounds that the Implementation Program as submitted does not conform with, and is inadequate to carry out, the provisions of the certified Land Use Plans. Certification of the Implementation Program would not meet the requirements of the
California Environmental Quality Act as there are feasible alternatives and
mitigation measures that would substantially lessen the significant adverse impacts on the environment that will result from certification of the Implementation Program as submitted.
2. MOTION:
I move that the Commission certify the Implementation Program Amendment for the No. LCP-6-CAR-22-0052-2 if it is modified pursuant to the staff recommendation.
STAFF RECOMMENDATION:
Staff recommends a YES vote. Passage of this motion will result in certification of the
Implementation Program Amendment with suggested modifications and the adoption of the
following resolution and findings. The motion passes only by an affirmative vote of a majority of the Commissioners present.
RESOLUTION TO CERTIFY THE IMPLEMENTATION PROGRAM AMENDMENT WITH SUGGESTED MODIFICATIONS:
The Commission hereby certifies the Implementation Program Amendment for the City of Carlsbad if modified as suggested and adopts the findings set forth below on grounds that the Implementation Program Amendment, with the suggested modifications, conforms with and is adequate to carry out the certified Land Use Plans. Certification of the Implementation Program Amendment if modified as suggested complies with the California
Environmental Quality Act, because either 1) feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the Implementation Program Amendment on the environment, or 2) there are no further feasible alternatives and mitigation measures that would substantially lessen any significant adverse impacts on the environment.
III. SUGGESTED MODIFICATIONS
Staff recommends the following suggested revisions to the proposed Implementation Plan
be adopted. Text in cross out and underline format denotes text that the Commission suggests be deleted/added. 1. Modify IP Section 21.37.010 (Intent and purpose) subsection A part 4 as follows:
A. The intent and purpose of the mobile home park zone is to:
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1. Provide locations where mobile homes and mobile home parks may be established, maintained and protected;
2. Provide a means to regulate and control the conversion of existing mobile home
parks to another use;
3. Promote and encourage an orderly residential environment with appropriate physical amenities; and
4. Implement the goals and objectives of the general plan, including all residential
land use designations and the housing element, consistent with the coastal resource policies set forth in the certified Local Coastal Program. (Ord. NS-718 § 15, 2004; Ord. 9564 § 2, 1980)
2. Modify IP Section 21.37.090 (Design criteria) subsection A as follows:
A. The following design criteria shall apply to all mobile home parks to the extent
permitted according to California Health and Safety Code § 18200 et seq. and
§ 1886018665 et seq., respectively: 3. Modify IP Section 21.53.260 (Small wireless facilities) as follows:
(a) Small wireless facilities shall comply with all applicable city requirements and
certified Local Coastal Program city council policy statement No. 64. An
application for an SWF located on public or private property may be processed
as a building permit, and an application for an SWF located within the public
right‐of‐way of roads may be processed as a right‐of‐way permit pursuant to
Title 11 of the Carlsbad Municipal Code. For a SWF located in the Coastal
Zone, a coastal development permit may be required pursuant to Chapter
21.201.
(b) Small wireless facilities between the first public roadway and the ocean or
lagoons shall not create significant impacts to public views from scenic
corridors, scenic public view areas, public paths, bikeways, beaches and
public recreational facilities, and shall not require the construction of shoreline
protective devices. If there is no feasible alternative that can comply with this
requirement without resulting in a significant gap in communication coverage,
then the alternative that would result in the fewest or least significant impacts
to public views, public access and recreation, and shoreline processes shall be
selected.
IV. FINDINGS FOR REJECTION OF THE CITY OF CARLSBAD IMPLEMENTATION PLAN AMENDMENT, AS SUBMITTED,
AND APPROVAL IF MODIFIED
A. AMENDMENT DESCRIPTION
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The City proposes to amend the Implementation Plan (IP) component of its certified Local Coastal Program (LCP) with changes to the code to do the following: expand work exempt
from obtaining a grading permit; remove outdated references for density definitions; clarify
allowable roof height and pitch for maximum building height; remove building separation requirements in residential zones; clarify street side yard setback requirements; create new definition for personal services; remove redundant uses (e.g., tailors, shoe repair shops, laundromats) and replace with the general term personal services; amend
expiration requirements for conditional use permits; remove pool setbacks for one-family
dwellings and twin-homes on small lots; amend the undevelopable lands definition to be consistent with the certified Habitat Management Plan; create a new definition for “employee housing, small” and specifying permitted use; modify family day care home definitions to be consistent with state law; update mobile home policies to be consistent
with state law; create a new small wireless facilities definition and provide guidance on
applicable regulations; correct a Health and Safety Code reference; and remove outdated land use designation terms and replace with updated terms that reflect the current General Plan.
Specifically, the proposed changes to mobile home policies make the certified LCP
consistent with state law by removing development standards that may be in conflict with the requirements set forth in California Health and Safety Code sections 18200 et seq. and 18665 et seq. The proposed amendment cites the California Health and Safety Code, rather than reiterating the policies in the IP. By removing these development standards
within the IP, the City reduces possible code conflicts with the requirements set forth by
the state. The amendment maintains several development standards such as parking, roadway designs, exterior walls, and service building locations. The amendment also includes proposed changes by creating a new definition for small
wireless facilities in Chapter 21.04 and amending Chapter 21.53 to establish regulations
regarding the new land use. The definition for small wireless facilities is consistent with Federal Communications Commission regulations (47 C.F.R. §§ 1.6002(l)) and must not be modified in order to maintain compliance with federal law. The LCP implementation plan amendment proposes to add a new reference to City Council Policy Statement No.
64, which is a locally adopted document that provides review and operation guidelines for
proposed small wireless facilities. This policy statement addresses the possible impacts small wireless facilities might have on the aesthetics, safety, or welfare of the City. Lastly, the amendment includes a number of other changes, including error fixes and
deletions as well as updated in response to changes in state and federal laws. These
changes affect particular land use types, but do not modify any existing coastal resource protection requirements. These changes would be applied citywide and will potentially affect the following segments of the certified Carlsbad LCP: Mello I, Mello II, Agua Hedionda, Village Redevelopment Area, East Batiquitos Lagoon, and West Batiquitos
Lagoon.
Please see Exhibit 1 for the proposed IP amendment text.
B. CONFORMANCE WITH THE CERTIFIED LAND USE PLAN
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The standard of review for LCP implementation plan submittals or amendments is their consistency with and ability to carry out the provisions of the certified LUP. The certified
LUP has a number of goals and policies relevant to the proposed amendment; the most
applicable LUP standards are as follows: Mello II Policy 1-1 Allowable Land Uses states: Allowable uses are those that are consistent
with both the General Plan and the Local Coastal Program.
Policy 8-1 Site Development Review states: The Scenic Preservation Overlay Zone should be applied where necessary throughout the Carlsbad coastal zone to assure the maintenance of existing views and panoramas. Sites considered for
development should undergo individual review to determine if the proposed
development will obstruct views or otherwise damage the visual beauty of the area. The Planning Commission should enforce appropriate height limitations and see-through construction, as well as minimize any alterations to topography.
Policy 8-3 Infill Development Design Review states: While the Scenic Preservation
Overlay Zone can be used to enhance the character of new development, the City of Carlsbad should adopt a policy whereby the unique characteristics of older communities (especially the Elm Street corridor) can be protected through their redevelopment scheme. This policy should reflect design standards which are in
accordance with the flavor of the existing neighborhood.
East Batiquitos Lagoon Policy 6 Scenic and Visual Qualities states, in relevant part: The scenic and visual
qualities of the area are of great value to the region. Again, the focal point for these qualities is Batiquitos Lagoon. The viewshed to the lagoon and from the lagoon shoreline are important resources. Many of the requirements previously established by this document address visual quality components [...]
The City of Carlsbad’s certified LUP concludes with the following policy: III. IMPLEMENTATION: The Policy/Implementation Connection The Local Coastal Program Land Use Element is the long range guide for the City, its citizens and property owners, and other regulatory agencies relative to
conservation, management, and development within the Carlsbad Coastal zone.
The City assumes primary responsibility for implementing the plan as it affects private land use. The LCP will be used as the standard for evaluating and making decisions on land use proposals in the Coastal zone. The policies of the Land Use Element are implemented by the City’s codes, policies and procedures.
In addition, Section 21.40.135 of the City’s certified LCP Implementation Plan is applicable to the proposed amendment and states: Within the coastal zone, existing public views and panorama shall be maintained.
Through the individualized review process, sites considered for development shall be conditioned so as to not obstruct or otherwise damage the visual beauty of the coastal zone. In addition to the above, height limitations and see-through
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construction techniques should be employed. Shoreline development shall be built in clusters to leave open areas around them to permit more frequent views of the
shoreline. Vista points shall be incorporated as a part of larger projects. The unique
characteristics of older communities such as the Carlsbad Village Drive corridor shall be preserved through design requirements which are in accordance with the flavor of the existing neighborhood.
Section 21.204.040 of the City’s certified LCP Implementation plan is applicable to the
proposed development and states, in relevant part: B. Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such construction that alters natural shoreline processes shall
be permitted when required to serve coastal-dependent uses or to protect
existing structures or public beaches in danger from erosion…
1. FINDINGS FOR DENIAL In general, these provisions will ensure that coastal resources, including visual quality and
community character are protected. While the proposed amendment includes many corrections and minor changes that would have no impact on coastal resources or public access, the primary issues are the proposed changes to mobile home parks and small wireless facilities. The amendment as submitted would not change the City’s existing coastal development permit requirements or criteria, and thus, a coastal development
permit would also be required for communication facilities and mobile homes unless otherwise exempt under the certified LCP. However, the Commission is concerned about the possible siting of small wireless facilities and mobile home policies in areas where the development could potentially impact coastal resources. The standard of review for LCP implementation submittals or amendments is their consistency with and ability to carry out
the provisions of the certified LUP.
Mobile home policies
The proposed changes to mobile home policies in Chapter 21.37 make the certified LCP consistent with state law by removing development standards that may be in conflict with the requirements set forth in California Health and Safety Code sections 18200 et seq. and
18665 et seq. However, the California Health and Safety Code sections cited in the City’s submittal are incorrect; the correct sections are 18200 et seq. and 18860 et seq. The proposed amendment must be modified to reference the correct California Health and Safety Code.
Secondly, the modifications to the development standards for mobile home facilities as specified by the California Health and Safety Code do not modify when or how a CDP permit is required. However, the proposed amendment removes many development standards that could impact compliance with the certified LUP. The existing IP Section 21.37.010 (Intent and purpose) lists that all mobile home facilities shall comply with the
general plan, including all residential land use designations and the housing element. The proposed language fails to require that all mobile home facilities shall be consist with the certified LUP and Coastal Act policies, where applicable. Therefore, the proposed amendment as submitted potentially allows coastal resource impacts.
April 9, 2024 Item #7 Page 55 of 58
LCPA 6-CAR-22-0052-2
11
Small wireless facilities
In September 2017, the City Council adopted Council Policy Statement 64, approving review and operation guidelines for proposed small wireless facilities. To effectively carry out and communicate the purpose and guidelines of the policy statement, the proposed amendment incorporates the policy statement into the Municipal Code provisions governing the issuance of Conditional Use Permits. The certified LCP contains no
standards for small wireless facilities, nor does it specifically list small wireless facilities as permitted uses. Instead, the City currently permits such facilities through Section 21.04.297, which is part of the certified LCP. That section allows accessory public and quasi-public utility buildings and facilities by CUP in all zones.
City Council Policy No. 64 contains specific development and design standards for
communications facilities, including requirements that the facility not reduce the number of required parking spaces on a proposed site; meet the required setbacks of the underlying zone; and minimize the visual impact of the facility through placement, screening, camouflage, color, and landscaping to ensure compatibility with adjacent uses and other site characteristics. The City Council policy also contains extensive siting provisions as
identified in the Locations Guidelines section. Siting criteria for preferred locations and discouraged locations are proposed, including provisions to locate small wireless facilities where they are least visible to the public. Finally, while the proposed change requires that City Council policy be followed in the review of CUPs for small wireless facilities, the same standards are not identified as applying the CDP review and approval process. As such,
while a small wireless facility in the coastal zone would require a CDP, the LCPA as proposed would not require the same siting and design criteria to be followed during CDP review. Additionally, the Commission disfavors incorporation by reference in LCPs as potentially the referred document would be amended outside the context of LCPA review.
The Commission is concerned about the possible siting of WCFs in open space and on
public beaches, with how such sitings would relate to governing LUP policies, and that the appropriate standards are applied though the coastal development permit process and not only a conditional use permit, as proposed. Regarding the protection of visual resources, Policy 8-1 of the Mello II LUP requires new development be sited and designed to protect existing views and panorama. Section 21.40.135 of the City's certified LCP Implementation
Plan indicates that visual resources within the Coastal Development Overlay Zone shall be protected through height limitations, clustered shoreline development, and protection of vista viewpoints. However, visual resources are not protected in the proposed amendment as submitted.
The provisions of the certified LCP related to the Coastal Shoreline Development Overlay
Zone in Section 21.204.030 contains detailed regulations regarding the construction of revetments, seawalls, cliff-retaining walls, and other similar structures. Specifically, the ordinance allows for the construction of seawalls only when they are required in order to serve coastal dependent uses or protect existing structures or public beaches in danger of erosion. The proposed amendment does not specify that small wireless facilities are
excluded from obtaining shoreline protection devices. Therefore, the proposed amendment does not comply with the certified LUP.
April 9, 2024 Item #7 Page 56 of 58
LCPA 6-CAR-22-0052-2
12
Finally, while the City Council policy requires a Conditional Use Permit for new small wireless facilities, the amendment as proposed does not clarify when a CDP would be
required.
For these reasons, as submitted, the Commission cannot find the proposed ordinance is adequate to carry out the public access, scenic view preservation, and resource protection provisions of the certified LUP.
2. FINDINGS FOR APPROVAL IF MODIFIED
The suggested modifications would clarify that mobile homes and small wireless facilities shall be consistent with the coastal resource protection and, if applicable, the public access requirements of the LCP. Therefore, the proposed amendment will ensure that mobile home development within the coastal zone will minimize adverse impacts to
community character, visual resources, public views, sensitive biological resources such
as wetlands or ESHA, or public access to the coast.
In regard to mobile home parks, Suggested Modification #1 clarifies that mobile home developments are required to comply with the certified LCP policies and provisions. Suggested Modification #2 corrects the Health and Safety Code sections for mobile
home policies.
In regard to small wireless facilities, the language as proposed by the City would incorporate by reference both City Council Policy Statement No. 64 and Title 11 of the Municipal Code into the LCP. City staff supports the suggested modification. Suggested
Modification #3 removes both of these references.
However, as described above, the proposed amendment does not adequately ensure that coastal resources and public access are protected in the siting of new small wireless facilities. To further ensure that impacts to habitat, scenic resources and public views are minimized to the maximum extent feasible, Suggested Modification #3 requires that new
small wireless facilities comply with the policies and standards of the certified LCP. It also
clarifies that within the coastal zone, a coastal development permit may be required. Through the inclusion of this requirement, small wireless facilities projects can be approved if the development avoids or mitigates for significant coastal resources impacts.
Thus, the modified language will enable mobile home and small wireless facilities projects
to be implemented in the coastal zone while reducing impacts to coastal resources and
public access consistent with the LUP. The proposed amendment, if modified in Suggested Modifications #1, #2, and #3, conforms to the certified LUP, and the proposed ordinance can be found in conformance with and adequate to implement the certified LUPs.
Lastly, as discussed, the proposed amendment also includes a number of modifications to
the IP that can best be described as ‘clean-up.’ These changes relate to various issues such as family day care, employee housing, building separation and setbacks, and other issues that affect particular land use types. These changes overall do not affect core coastal resource issues. Therefore, as modified, the proposed amendment should not
result in any adverse coastal resource impacts and should result in development
April 9, 2024 Item #7 Page 57 of 58
LCPA 6-CAR-22-0052-2
13
consistent with the LUP. The Commission thus finds the proposed amendment as modified is consistent with and adequate to carry out the policies of the LUP.
V.CONSISTENCY WITH THE CALIFORNIA ENVIRONMENTALQUALITY ACT (CEQA)
Section 21080.9 of the California Environmental Quality Act (CEQA) exempts local government from the requirement of preparing an environmental impact report (EIR) in connection with its local coastal program. The Commission's LCP review and approval
program has been found by the Resources Agency to be functionally equivalent to the EIR
process. Thus, under CEQA Section 21080.5, the Commission is relieved of the responsibility to prepare an EIR for each LCP submission.
The City determined that the subject LCP amendment is exempt from CEQA, section 15061(b)(3) of the CEQA Guidelines for Statutory Exemptions (Cal. Code of Regs., tit. 14).
Nevertheless, the Commission is required in an LCP submittal or, as in this case, an LCP
amendment submittal, to find that the LCP, or LCP, as amended, does conform with CEQA. In this particular case, the LCP amendment as modified will not have any significant effects on the environment and no significant coastal resource impacts are anticipated. The suggested modifications will ensure that mobile home and small wireless
facilities are consistent with LCP provisions related to the protection of sensitive habitats, water quality management, and safety from geologic hazards. Therefore, the Commission finds that the subject IP, as amended, confirms with the CEQA provisions.
April 9, 2024 Item #7 Page 58 of 58
TO: CITY ~LERK
DATE OF PUBLIC HEARING:
AFFIDAVIT OF MAILING
NOTICE OF PUBLIC HEARING
suBJEcT: _ _;_)j-i---J-,£0 -l,,,4u.....,,.s .:,;.,..L-~U.,:::--L--l _._l ...... Q--'--'rr....o~d =----'"'--¥~~...._tl,QJ)J.>,,,lll<d....L.>A~.....,,,..=-,"--"--
LocAT1ON: ~1200 Carlsbad Village Drive, Carlsbad, CA 92008
D Other: ________________ _
3~'7) /:}, t./ . DATE POSTED TO CITY WEBSITE
DATE NOTICES MAILED TO PROPERTY OWNERS: -""""3_..,../_.=c.c:?8__,,_.,___/=8a5>-'-__,_'/ __
NUMBER, MAILED:
I declare under penalty of perjury under the laws of the State of California that I am employed by
the City of Carlsbad and the foregoing is true and correct.
DEPARTMENT: ~TY CLERK'S OFFICE □OTHER _______ _
Signature
SENT TO FOR PUBLICATION VIA E-MAIL TO: ~ Union Tribune on ,:?:i;)J /;;Jt/
@" Coast News on· 3);21 J :J. '-/
PUBLICATION DATE: Union Tribune __ '2)--'-/_;;q__._,,_/_~--------
Coast News __ '2>______,/ ~::c.,___;_C?J_,_/-=8-D--==d;__;tj'-------
I declare under penalty of perjury under the laws of the State of California that I am employed by
the City of Carlsbad and the foregoing is true and correct.
DEPARTMENT: ~TY CLERK'S OFFICE □ OTHER _______ _
Signature Date
Attachments: 1) Mailing Labels
2) Not ice w/ attachments
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City
of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad,
California, at 5 p.m. on Tuesday, April 9, 2024, to consider approving the California Coastal Commissions
suggested modifications to the Local Coastal Program (Zoning Ordinance}, and more particularly described
as:
Acknowledge receipt of and approve the California Coastal Commission's suggested
modifications to the Local Coastal Program (Zoning Ordinance) for the Housing Element
Implementation (ZCA 2022-0001/ LCPA 2022-13} and the 2022 Zoning Ordinance Cleanup
(ZCA 2022-0002/LCPA 2022-14}.
Whereas, on Feb. 8, 2024, the California Coastal Commission approved LCPA 2022-13 and LCPA 2022-14
with suggested modifications, and the Coastal Commission's approval of the Local Coastal Program
amendments will not become effective until the City of Carlsbad approves the suggested modifications.
Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies
of the staff report will be available on and after Friday, April 5, 2024. If you have any questions, please
contact Jennifer Jesser in the Planning Division at (442} 339 -2637 or jennifer.jesser@carlsbadca.gov). The
meeting can be viewed on line at https://www.carlsbadca.gov/city-hall/meetings-agendas or on the city's
cable channel. In addition, written comments may be submitted to the City Council at or prior to the
hearing via U.S. Mail to the attention of Office of the City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA
92008, or via email to clerk@carlsbadca.gov.
If you challenge the city's action on the California Coastal Commission's suggested modifications in court,
you may be limited to raising only those issues you or someone else raised at the public hearing described
in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200
Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing.
CASE FILE:
CASE NAME:
PUBLISH:
ZCA 2022-0001/ LCPA 2022-13 and ZCA 2022-0002/LCPA 2022-14
HOUSING ELEMENT IMPLEMENTATION AND 2022 ZONING ORDINANCE CLEANUP
FRIDAY, MARCH 29, 2024
CITY OF CARLSBAD
CITY COUNCIL
Cm 'OFCARLSBAD
NQTICI:' O►~ PIIBI JC MPETING
NOTICE JS HEREBY GIVEN LO you, because yoor int.uest may be affected, that the City
Council of the Cily of Carlsbad will hold a public hearing at the Couoc:il Chamber, 1200 Carls-
bad Village Drive, Carlsbad, California, at 5 p.m. on 'l\Je&day, April 9, 2024, to consider approv-
ing the California Coastal c:onunissions sugge6ted modifications to the Loca1 Coutal Program (Z.Oning Ordinance), and more particularly described u: Acknowledge rece.ipt of and appro,,-e
the Califontla Coastal Commission's suggested modificatiocu to the Loe.al Coast.al Program
(Zoning Ordinance) for the Housing Element Implementation (ZCA 2022-0001/ LCPA 2022· 13) and the 2022 Zoning Ordinance Cle.a.nup (ZCA 2022-0002/LCPA 2022-14). \Vhereu, on
Feb, 8, 202.4. t.he California Coastal CommiMion approved l.CPA 2022-13 and l.CPA 2022-14
with suggmed modificatiODSt and the Coa.stal Comm~on's approval of the Local Coasul Pro-
gram amendments will not become effccti\'C until the City of Carlsbad approves the su~wl
modifications. Those persons wishing to speak on thi, proposa] are cordially invited to attend the public hearing. C-opies o(th~sta.fl'report will be &\rai.lable oo and a1'ler Friday,Apri.15, 202.-t-.
J( you have any questions. please ton tact Jennifer Je.$$e.r in the Planning Division at ( +4-2) 339
-2637 or jeooifec,jtsstr@r1dsbadr1 gov) The meeting can be viewed online at ~ cadsbadra grw/ci1¥•h11Jtmeetings-1geod1s ror on the city's cable channel. In addition, writt.M
comments may be submitted to the City Council al or prior to the hearing via U.S. Mail to
the aucntion of Office ofthe City Cluk. 1200 Carlsbad Village Drive. Carlsbad, CA 92008, or
via email to rlerk@radsbadca gov If you challenge the city's act.ion on the Ca1ifomia Coastal
Commiaion's suggested modif,cations in court, you may be limited to raising only those is.suM
you or ,omeone else raised at the public hearing described in this notice or in ~Titten corre-
sponden<:e deli\'f.red to the Cit}• of Carlsbad. .-\ttn: City Clerk's Offioe, l:lOO Carlsbad Village
Dri\'e, Carlsbad, CA 92008, at or prior to the public hearing.
CASE PILE: ZCA 2022--0001/ LCPA 2022·13 and ZCA. 2022-0002/LCPA 2022-14 CASE
NAME: HOUSING ELEMENT IMPLEMENTATION AND 2022 ZONING ORDINANCE
CLEANUP
PU BUSH: FRIDAY, MARCH 29. 2024CJ1Y OP CARISBAD Cl1Y COUNCIL
03/29/20'U CN 28708
3 Col X 4,085"
12,25" X$15
$183,75
j'\dvertising Order Confirmation)
(i . .
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your Interest may be aflected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chamber. 1200 Carlsbad Village Drive, ~o'£i';~/ Ji~i'~~~nig;,p~~J1r:'simth~n c~Yi~~~~r~ ~~~tcii Commissions suggested modifications to the Local Coastal Program (Zoning Ordinance), and more particularly described as:
Acknowledge receipt of and approve the California Coastal Commission's suggested modifications to the Local Coastal Program (Zoning Ordinance) for the Housing Element Implementation CZCA 2022-0001/ LCPA 2022-13) and the 2022 Zoning Ordinance Cleanup
(ZCA 2022-0002/LCPA 2022-14).
Whereas, on Feb. 8, 2024, the California Coastal Commission approved LCPA 2022-13 and LCPA 2022-14
c~~mi5s~Yi~,~·e:ppr~~lif~~~~~ntocar'c~si~1 P;o~r5c!~
amendments wlll not become effective until the City of Carlsbad approves the suggested modifications.
Those persons wishing to speak on this proPosal ore cordially Invited to attend the public hearing. Copies of the staff report will be available on and after Friday, April 5. 2024. If you hove ony questions, please contoct Jennifer Jesser In the Planning Division at (442) 339 -2637 or lennifer.jesser@carlsbadca.gov). The meeting con be viewed online at hi I ps ://www. car lsbadca. gov/c i tv-ha I 1/m eel i ng s-agendas or on the city's cable channel. In addition, written comments may be submitted to the City Council at or prior ta the hearing via U.S. Mail to the attention of Office of the City Clerk. 1200 Carlsbad Village Drive, Carlsbad, CA 92008, or via email to clerk@carlsbadca.gov.
If you challenge the city's action on the California Coastal Commission's suggested modifications in court, you may be limited to raising only those Issues you or someone else raised at the public hearing described in this notice or in written corresP0ndence delivered to the City of Carlsbad, Atln: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the Public hearing.
CASE FILE: ZCA 2022-0001/ LCPA 2022-13 and ZCA 2022-0002/LC PA 2022· 14
CASE NAME: HOUSING ELEMENT
b~~T~Z'i5'cNJtrntNUP AND 2022 ZONING
PUBLISH: FRIDAY, MARCH 29, 2024
CITY OF CARLSBAD CITY COUNCIL (SDUT 11657.468)
r~
San Diego Union Tribune
Requested Placement
Legals CLS
Requested Position
City Notices -1076--
~ 03/29/24
03/22/24 8:45:47 AM
Page3
!.!.rJmY.
1 7
jAdvertising Order Confirma}«m)
Order Charges: d!!!2l!.!ll
$652.40
03/22/24 8:45:47 AM
Page4
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0.00
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AXELSON & CORN ATTORNEYS AT LAW
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DEPT 4169
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DAVIS CA 95606
Coastal Commission
Suggested Modifications
Eric Lardy, City Planner
Community Development
April 9, 2024
( City of
Carlsbad
2
BACKGROUND
•City Council previously approved the:
–Housing Element Program Implementation (May 2022)
–2022 Zoning Ordinance Cleanup (September 2022)
•Zoning Ordinance and Local Coastal Program
Amendments
ITEM X: SUGGESTED MODIFICATIONS
{ City of
Carlsbad
3
BACKGROUND
•December 2022
•Projects submitted to the Coastal Commission
•February 2024
•Coastal Commission approved the amendments,
contingent on suggested modifications
ITEM X: SUGGESTED MODIFICATIONS
{ City of
Carlsbad
4
SUGGESTED MODIFICATIONS
•Housing Element Program Implementation
o 2022 City Council action:
Clarify the city shall only use objective standards
when approving affordable multifamily housing
Per state housing law
o Suggested modification:
Clarify that decisions on coastal development
permits for affordable housing projects are not
limited to objective standards
ITEM X: SUGGESTED MODIFICATIONS
5
SUGGESTED MODIFICATIONS
•2022 Zoning Ordinance Cleanup
o 2022 City Council action:
Update zoning regulations for mobile homes
consistent with state law
o Suggested modification:
Clarify that mobile home project must comply
with Local Coastal Program
Minor correction to citation for state law
ITEM X: SUGGESTED MODIFICATIONS
{ City of
Carlsbad
6
SUGGESTED MODIFICATIONS
•2022 Zoning Ordinance Cleanup
o 2022 City Council action:
Establishes building permit process for small
wireless facilities
o Suggested modification:
Clarify that small wireless facilities must comply
with the Local Coastal Program
ITEM X: SUGGESTED MODIFICATIONS
{ City of
Carlsbad
7
HOUSING ELEMENT
•If the modifications are not approved:
•Two amendment projects will not become effective
•State certification of Housing Element requires the
amendments approved in Ordinance CS-422
(ZCA 2022-0001/LCPA 2022-0013)
•State could revoke certification of Housing Element if
city fails to comply with state law
ITEM X: SUGGESTED MODIFICATIONS
{ City of
Carlsbad
8
STAFF RECOMMENDATION
Introduce an ordinance acknowledging receipt
of and approving the California Coastal
Commission’s suggested modifications to the
Local Coastal Program (Zoning Ordinance) for
ZCA 2022-0001/LCPA 2022-0013 and ZCA 2022-
0002/LCPA 2022-0014.
ITEM X: SUGGESTED MODIFICATIONS
{ City of
Carlsbad