HomeMy WebLinkAbout2022-08-25; Status of Coastal Commission Review of Local Coastal Program Update (Districts All); Barberio, GaryTo the members of the:
CITY COUNCIL
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{city of
Carlsbad
Council Memorandum
Aug.25,2022
To: Honorable Mayor Hall and Members of the City Council
From: Gary Barberio, Deputy City Manager, Community Services
Jeff Murphy, Community Development Director
Via: Geoff Patnoe, Assistant City Manager~
Memo ID #2022094
Re: Status of Coastal Commission Review of Local Coastal Program Update (Districts -All)
This memorandum provides information on the status of the California Coastal Commission's
review of the city's Local Coastal Program Update.
Background
On Oct. 12, 2021, the City Council approved a comprehensive update to the city's Local Coastal
Program (LCP), which included amendments to the Land Use Plan, Poinsettia Shores Master Plan,
and Village and Barrio Master Plan (Attachments A and B). An application to amend the LCP was
subsequently submitted to the California Coastal Commission (Coastal Commission) on Dec. 22,
2021. The City Council's approval of the LCP update will not be effective until the Coastal
Commission approve·s the city's application to amend the LCP.
Discussion
Following staff's initial submittal on Dec. 22, 2021, Coastal Commission staff requested additional
information which city staff promptly provided. Coastal Commission staff officially deemed the
· application 11filed" (i.e ., all necessary materials were submitted) on April 22, 2022.
Pursuant to Section 30512 of the Coastal Act, the Coastal Commission must act on the city's LCP
application within 90 business days of a complete submittal or filing. In the case of our
application, by Aug. 30, 2022. However, Section 30517 of the Coastal Act and Section 13535(c) of
the California Code of Regulations state that the Coastal Commission may extend for good cause
any applicable time limits for a period not to exceed one year.
Item 16a on the Coastal Commission's Aug. 10, 2022, agenda (Attachment C) was a request by
Coastal Commission staff to extend review of our application for one year, which extends the
decision date to August 2023. The reason for the extension, as reflected in the report, is
provided below:
"The proposed LCP amendment is a comprehensive update that will
require extensive review and coordination among San Diego Coast District
and statewide staff ... Given the scope of work, the volume of workload,
and operational constraints related to the current public health crisis, the
Community Services Branch
Community Development Department
1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600 t
Council Memo -Status of Coastal Commission Review of Local Coastal Program Update
Aug.25,2022
Page 2
requested time will allow for Commission review and resolution of issues
or scheduling conflicts that may arise."
It is not unusual for Coastal Commission staff to request a waiver of the Coastal Act time limits.
The Coastal Commission has waived the time limits and authorized time extensions for many of
the city's LCP amendment applications, especially those that are complex, like the subject LCP
update.
Next Steps
City staff will continue to coordinate with Coastal Commission staff during their review of the
city's LCP update application. It is anticipated that it will still be several months before the city
starts to receive comments on the application.
Attachment: A. City Council Resolution No. 2021-223
B. City Council Ordinance No. CS-406
C. Report to the California Coastal Commission, dated July 21, 2022 (W16a;
Aug. 10,2022,agenda)
cc: Scott Chadwick, City Manager
Cindie McMahon, City Attorney
Tina Ray, Communication & Engagement Director
Eric Lardy, City Planner
Jennifer Jesser, Senior Planner
RESOLUTION NO. 2021-233
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A COMPREHENSIVE UPDATE TO THE LOCAL
COASTAL PROGRAM LAND USE PLAN AND CHANGES TO THE LOCAL
COASTAL PROGRAM LAND USE MAP
CASE NAME: LOCAL COASTAL PROGRAM UPDATE
CASE NO.: LCPA 15-07 (DEV15061)
Attachment A
EXHIBIT I
WHEREAS, the City Council of the City of Carlsbad, California has determined that it is necessary
and in the public interest to update the Carlsbad Local Coastal Program Land Use Plan to ensure
consistency with the California Coastal Act, Coastal Commission guidance on Local Coastal Programs
and the Carlsbad General Plan; and
· WHEREAS, in November and December 2014, the Coastal Commission and Ocean Protection
Council awarded the City of Carlsbad two grants to conduct a sea level rise-vulnerability analysis and
comprehensively update the city's Local Coastal Program; and
WHEREAS, the Local Coastal Program Land Use Plan update incorporates the Carlsbad Sea Level
Rise Vulnerability Assessment, and utilizes the assessment to inform sea level rise hazard policies; and
WHEREAS, the draft Local Coastal Program Land Use Plan, dated September 2019 (Exhibit 7 of
the City Council Staff Report dated Oct. 12, 2021, on file in the Office of the City Clerk and incorporated
by reference), was released for public review 1n October 2019; and
WHEREAS, State Coastal Guidelines requires a six-week public review period for any
amendment to the Local Coastal Program and said pubic review period began October 18; 2019; and
WHEREAS, pursuant to the California CoastalAct Guidennes Section 15265, the preparation and
adoption of a local coastal program by a local government is statutorily exempt from the California
Environmental Quality Act; and
WHEREAS, the Planning Commission did on December 2, 2020, Jan. 6, 2021 and January 13,
2021 hold a duly noticed public hearing as prescribed by law to consider the Local Coastal Program
update; and
WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7389
recommending approval of the draft Local Coastal Program Land Use Plan dated September 2019, with
revisions identified in Exhibit A dated Oct. 12, 2021_, attached hereto, and recommending approval of
a change to the Local Coastal Program Land Use Map, Exhibit B dated Oct. 12, 2021, attached hereto;
and
WHEREAS, said Exhibit B dated Oct. 12, 2021, attached hereto, also reflects a revision
recommended by staff as described in the City Councii Staff Report dated Oct. 12, 2021, on file in the
Office of the City Clerk and incorporated by reference; and
WHEREAS, the City Council did on Oct. 12, 2021 hol~ a duly noticed public hearing as prescribed
by law to consider the Planning Commission's recommendation; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and ~rguments, if
any, of all persons desiring to be heard, the City Council considered all factors relating to the draft Local
Coastal Program Land Use Plan (Exhibit 7 of the City Council Staff Report dated Oct. 12, 2021, on file in
the Office of the City Clerk and incorporated by reference) and Local Coastal Program Land Use Map
(Exhibit B dated Oct. 12, 2021, attached hereto), and the Planning Commission recommended revisions
to said draft land use plan (Exhibit A dated Oct. 12, 2021, attached hereto}.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. The above recitations are true and correct.
2. The state-mandated six-week review period .for the Local Coastal Program Amendment
(LCPA 07-02) started on October 19, 2019 and ended on November 29, 2019.
3. The findings of the Planning Commission made in Planning Commission Resolution· No.
7389, on file in the Office of the City Clerk and incorporated by reference, are the findings of the City
Council.
4. The draft Local Coastal Program Land Use Plan dated September 2019 (Exhibit 7 of the
City Councii Staff Report dated Oct. 12, 2021, on file in the Office of the City Clerk and incorporated
by reference) is approved with revisions identified in Exhibit A, attached hereto.
5. The changes to the Local Coastal Program Land Use Map (Exhibit 81 attached hereto)
are approved.
6. Staff is authorized to submit the following to the California Coastal Commission for
certification: the Local Coastal Program land Use Plan and land Use Map approved by this resolution,
and associated Local Coastal Program amendments approved by City Council Ordinance No. CS-406.
7. The approved Local Coastal Program Land Use Plan and Land Use Map shall not
become effective until approved and certified by the Califomia Coastal Commission.
8. This action is final the date this resolution is adopted by the City Council. The Provisions
of Chapter 1.16 of the Carlsbad Municipal Cod~, "Time Limits for Judicial Review" shall apply:
"NOTICE"
The time within which judicial review of this decision must be sought is governed by Code of Civil
Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad
Municipal -Code Chapter 1.16. Any petition or other paper seeking review must be filed in the
appropriate court not later than the ninetieth day following the date on which this decision becomes
final; however, if within ten days after the decision becomes final a request for the record'is filed with
a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time
within which such petition may be filed in court is extended to not later than the thirtieth day following
the date on which the record is either personally delivered or mailed to the party, or his attorney of
record, if he has one. A written request for the preparation of the record of the proceedings shall be
filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 12!!!. day of October 2021, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Norby.
Bhat-Patel, Acosta.
None.
MATT HALL, Mayor
Clerk Services Manager
(SEAL}
SEPT.28,2021
LCPA 15-07
Attachment A
REVISIONS TO DRAFT LOCAL COASTAL PROGRAM LAND USE PLAN DATED SEPTEMBER 2019
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec.By RECOMMENDED REVISIONS: ALL CHAPTERS
s Correct minor formatting errors, as needed.
s Revise all figures, as needed, to reflect the correct location of the railroad.
RECOMMENDED REVISIONS: DRAFT CHAPTER 1 -INTRODUCTION
Revise the last paragraph of Section 1.2, as follows:
The Carlsbad Local Coastal Program Land Use Plan and General Plan both provide policies that guide
the physical development of Carlsbad's Coastal Zone; however, the General Plan is not a component of
the Local Coastal Program. While they are two separate documents, some of the descriptive text and
p some of the policies are the same. Detailed discussion of Coastal Act requirements and goals is included
only in this Local Coastal Program Land Use Plan, while issues that are not directly relevant to the
Coastal Act are covered by the General Plan. If the Qolicies of the General Plan conflict with the Qolicies
of this Local Coastal Program Land Use Plan, the Qolicies of this Local Coastal Program Land Use Plan
shall aQQly.
RECOMMENDED REVISIONS: DRAFT CHAPTER 2 -LAND USE
s Update Figure 2-1 Land Use Map, as necessary, to reflect any approved land use designation changes
not reflected on the draft figure.
Revise the description of the Cannon Road Open Space Farming and P·ublic Use Corridor (first
paragraph on page 2-21 of draft Local Coastal Program Land Use Plan), as follows:
Following voter approval of Proposition D, the city conducted a QUblic Qlanning wocess that
occurred from November 2007 through June 2008, which resulted in the reQort titled
"Creating a Community Vision for the Cannon Road Agriculture and OQen SQace (ProQ D)
Lands Final ReQOrt SeQtember 231 2008." This community vision was used to create Qty
Council adopted the Cannon Road AgriculturalL-aA4-Open Space Zone, which establishes
p the Qermitted uses and standards for the corridor. to implement the proposition. In 2017,
the Coastal Commission aQQroved the Cannon Road AgriculturalLOQen SQace Zone as Qart
of the Local Coastal Program lmQlementation Plan (imQlementing the OQen SQace land use
designation). However, the Coastal Commission's aQQroval aQQlied the zone only to the
area of the corridor located south of Cannon Road. To fully imQlement ProQosition D, the
city will need to seek Coastal Commission aQQroval to aQQly the Cannon Road AgriculturalL
OQen SQace Zone to the area of the corridor located north of Cannon Road. +he new i!one
i.vill become effecti>.•e ·when the associated Local Coastal ProgFam amendment is approved
13i; the CalifoFRia Coastal Commission.
Oct. 12, 2021 Item #7 Page 17 of 428
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec.By RECOMMENDED REVISIONS: DRAFT CHAPTER 2 -LAND USE, CONT.
Add a new "Cannon Road Open Space, Farming, and Public Use Corridor" policy (to follow draft policy
LCP-2-P.15):
p
Seek a[mrmial from the Coastal Commission to a[mll( the Cannon Road AgriculturalLOQen SQace
Zone to the area of the corridor located north of Cannon Road.
Revise policy LCP-2-P.16.C, as follows:
C. Redevelop the Encina Power Station site, along with the SDG&E North Coast Service Center site,
with a mix of visitor-serving commercial uses, such as retail and hotel uses, and with new
community-accessible open spaces along Agua Hedionda Lagoon and the waterfront (Carlsbad
PC Boulevard). Encourage community gathering spaces, outdoor dining, and other features to
maximize potential views of the ocean and the lagoon. Encourage shared parking arrangements so
that a greater proportion of development can be active space rather than parking. In the design of
future redeveloQment, consider OQQortunities to recognize the histoty of the Qower station site,
such as a small museum, signage, and observation tower.
Page 2
Oct. 12, 2021 Item #7 Page 18 of 428
Revisions are recommended by staff (5) and Planning Commission (PC) and in response to public comm.ent (P)
Rec.By RECOMMENDED REVISIONS: DRAFT CHAPTER 2 -LAND USE, CONT.
Revise draft Policy LCP-2-P.20.A, as follows:
A. Area 1, as shown on Figure 2-2C
1. Prior to development of the site, the Poinsettia Shores Master Plan shall be updated to be
co nsistent with this 13olicy.
~LThe primary use of the site is intended for general commercial uses (retail and commercial service
uses) and may include a community amenity use such as an art;s/nature/activity center.
➔..L_lfthe site is developed as a mixed-use site:
a. Residential dwellings are allowed as a secondary use at a minimum density of 15 dwelling units
per acre (based on 25 percent of developable acreage).
b. Vertical mixed-use (commercial, office and residential in the same multi-story building) -
ground floor uses shall be limited to retail and commercial service uses and upper floor uses
may include uses allowed on the ground floor, as well as office and residential uses.
c. Horizontal mixed-use (commercial, office and residential in separate buildings)-commercial
uses shall be the primary use located along primary street frontages.
4'.1_A 40-foot landscape setback shall be provided along the west side of the planning area/east side of
s Carlsbad Boulevard; the width of the landscape setback may be reduced due to site constraints or
protection of environmental resources. A meandering multi-use public path shall be provided
within the landscape setback.
~A multi-level above and below ground parking garage may be considered along Avenida Encinas.
If a parking garage is provided, shops and services should line the first story of the garage's north
and west sides to maintain pedestrian activity along and to the planning area.
&2-,_Development of the site shall include internal public-gathering plazas and walkways that provide
pedestrian access to surrounding sites and Carlsbad Boulevard.
' 7. +he lovv1 lying area in the center of the site eiihibits v,etland chara Eteristics. +he area should be
enhanced as a wetland inter13retive park 1.vith a boardvv1alk t rail across and around the wetland
afei3-,
a. +he wetlanEl parl~ trail should connect the two sides of t he site divides by t he wetland, unless
infeasible due to sit e constraints or protection of environmental resources.
8. !;le>o<elo13ment of the site should design for the a bi lit•; to 13ro,..id e a 13eElestrian under13ass be low
(;arlsbad BoulevarEl from the wetlanel areaf boardwall, trail to the beach side of (;arl sba El
Bou le>o<arel.
Page 3
Oct. 12, 2021 Item #7 Page 19 of 428
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec.By RECOMMENDED REVISIONS: DRAFT CHAPTER 2 -LAND USE, CONT.
Revise draft Policy LCP-2-P.20.B, as follows:
B. Area 2, as shown on Figure 2-2C
1. Prior to development of the site, the Poinsettia Shores Master Plan shal l be updated to be
co nsistent with this policy.
s -6.1._ This site shall be developed with dwellings per the R-23 land use designation (15 to 23 dwellings
per acre).
3. Guest houses and accessory dwelling units sha ll not be permitted.
4-.b_Development of the site shall include internal walkways that provide pedestrian access to
surrounding sites.
Revise draft Policy LCP-2-P.20.C.3, as follows:
C. Area 3, as shown on Figure 2-2C
...
s 3. A 40-foot landscape setback shall be provided along the west side of the planning areasL
east side of Carlsbad Boulevard; the width of the landscape setback may be reduced due to
site constraints or protection of environmental resources. A meandering multi-use public
path shall be provided within the landscape setback.
Revise draft policy LCP-2-P .20.D.3, as follows:
p D. Area 4, as shown on Figure 2-2C
...
3. The existing desilting basin ffialf-Shall be maintained on the site.
RECOMMENDED REVISIONS: DRAFT CHAPTER 3 -RECREATION AND VISITOR-SERVING USES
Add the following at end of the "Public Parks, Other Recreation Facilities, and Golf Courses" section
(end of page 3-7 of draft Local Coastal Program·Land Use Plan):
p The southbound lanes of Carlsbad Boulevard may be realigned with a shift to the east, which
would 12rovide an OQQO rtunity to create additional recreation areas (e.g., 12arks and other
recreation facilities and amenities). ana area· fer tl:le state cam~greunel te e➔E~anel or retreat
inlanEI t o that could better adaQt to sea level rise im12acts. Sea level rise im12acts are discussed
further in Cha12ter 7, Coastal Hazards.
Page 4
Oct. 12, 2021 Item #7 Page 20 of 428
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 2 -LAND USE, CONT.
Revise Figure 3-2 to add the existing Visitor Serving Commercial Site on the north shore of Agua
Hedionda Lagoon:
Page 5
Oct. 12, 2021 Item #7 Page 21 of 428
Revisions are recommended by staff (S) and Planning Commission (PC) and in response t o public comment (P)
Rec. By RECOMMENDED REVIS IONS: DRAFT CHAPTER 3 -RECREATION AND VISITOR-SERVING USES, CONT.
PC
Delete the "Demand for Visitor Accommodations" section on pages 3-12 and 3-13:
Demand for Visitor Accommodations
The 2017 Carlsbad Visitor Profile (from San Diego Tourism Authority) shows that over a 12 year period,
from 2005 to 2017, the number of visitors to Carlsbad increased a total of 50.8 percent, an average
. r . . . . ..· . .
are da>y< visitors, and some are overnight visitors) results in an increased demand for hotel rooms or
other overnight accommodations.
A report titled, "Tourism Economics San Diego Tra>,iel Forecast July 2018" (prepared for San Diego
Tourism Authority), forecasts the annual increase in hotel room demand in San Diego through the year
2023. The loca l Carlsbad tourism agency, Visit Carlsbad, utilizes this report to forecast hotel demand in
Carlsbad. According to the report, hotel demand is estimated to increase apprO)cimately 2 percent each
year from 2019 to 2023.
Applying Hie forecasted demand to Carlsbad compared to the number of existing hotel rooms in
Carlsbad, as stated above, an additional 500 hotel rooms v,10u ld be needed in Carlsbad (appro,i<imately
100 additional rooms per year from 2019 to 2023) to meet the forecasted annual 2 percent increase in
hotel demand (assuming the e><isting number of hotel rooms meets the current demand).
rlowever, by 2023, more than 500 hotel rooms may be needed in Carlsbad due to existing unmet
demand. Based on hotel data for the years 2012 to 2017, there is a high level of consistent room night
demand and unmet seasonal demand, which results in the loss of overnight visitors to non Carlsbad
hotel marl~ets (i.e., the demand for hotel rooms eHceeds the supply of hotel rooms in Carlsbad,
particularly in the high tourist season). Also, from 2012 to 2017, hotel demand increase in Carlsbad ,,..,as
the market.
rlotel occupancy in Carlsbad also indicates a demand for more hotel rooms. From April 2017 to March
2018, occupancy rates in Carlsbad ranged from a month Iv average of 65 percent to 90_percent. Eighty to
90 percent average monthly occupancv le>.,•els occurred in April, JuRe, July, a Rd August 2017, aRd March
2018; these 80 to 90 percent occupaRcy levels suggest that there is a significaRt opportunity for ne'>'o'
hotels to accommodate unmet hotel demaRd during those high demaRd months.
To accommodate the e,<isting and future demand for more hotel rooms, the city should identify and
desigRate land where Rew hotels a Rd other visitor serviRg uses caR be developed. The actual Rumber of
additional rooms that are ultimately built iR the citv will depend OR future market conditioRs aRd the
amouRt of land desigRated for hotel uses.
Page 6
Oct. 12, 2021 Item #7 Page 22 of 428
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec.By RECOMMENDED REVISIONS: DRAFT CHAPTER 3 -RECREATION AND VISITOR-SERVING USES, CONT.
Revise draft policy LCP-3-P.12, as follows:
LCP-3-P.12 Work with the California Department of Parks and Recreation to enhance public
access and recreation, public access, visitor commercial ser,..ices, and activity in
p along the Carlsbad Boulevard coastal corridor. Principal objectives should be to
create additional recreational opportunities, public waterfront amenities and
services (e.g., restrooms and showers). including as well as modernization and
expansion ofthe campgrounds to serve as lower-cost visitor and recreational
facilities; improve coastal access for all; conserve coastal resources; and enhance
public safety, including addressing threats to the campground from bluff erosion
Add the following policy after draft policy LCP-3-P.13:
p Consider, as part of t he evaluation of realigning the southern lanes of Carlsbad Boulevard
inland, opportunities to create additional recreation areas (e.g., parks and other recreation
facilities and amenities}, and for tl:le state cam~ground to e~i~and or ret reat inland.
Revise draft policy LCP-3-P.14 and delete draft policies LCP-3-P.19, LCP-3-P.20 and LCP-3-P.21, as follows:
LCP-3-P.14 Protect, encourage, and, where feasible, provide for development of new (and retention of
existing) lower-cost ~overnight accommodations and recreation facilities, such as
through regulatoty incentives (e.g., development standa rds modificat ions). Consider
amenit ies that reduce the cost of sta~ when evaluating the affordabilit~ of an~ new or
redeveloped overnight visitor accommodations; and encourage and support developments
that provide public recreational opportunities within the Coastal Zone [related to Coastal Act
Section 30213] .
...
LCP 3 P.19 encourage (4e>a1elo13m ent of: lower cost overnigl:lt accommodations, sucl:l as tl:lrougl:l
regulat orv inceRtives (e.g., development star1dards modif:ications).
LCP 3 P.20 Reeiu ire r1e1.v dm,1elo13ment and redevelo13mer1t proposals,. v,11:licl:l propose to remo·.ie, replace,
or remodel eiEisting accommodations,. to 13ro1a1ide data f:rom ~mitl:l +ra•,,<e l Researcl:l tl:lat
s identifi es w l:letl:ler t l:le accommoelations to be removed, repla ced, or remodeled are "lower
cost" as ElefiRed by policy LCP 3 P.1g_ +!:le Elata f:rom ~mitl:l +ravel Researcl:l sl:lall be tl:le most
recent available at tl:le t ime of ele1a1e lopment a13pl ication submittal.
, rn -:, n -i 1 n ,...., •..,,... .,,.,.. ..J --'...:~---+ --..J ·~ _, ·~' ....................... .r-lr +h ~+ .r ~ -~ ·~ ·~-'~ ---·----,-- --- --,-- -~---,--. ,.. ... , ..... ,.., ...,, -~ ~ .._,,v._, ~ ... I ~
remoelel e>cisting "lower cost" accommodations to mitigate tl:le loss of ani; e>dsting "lower
cost" accommodations witl:l new lo·Ner cost visitor acco mmodatioRs at a 1:1 ratio and be
subject to tl:le follo·,ving:
A. M itigation sl:lall priorit i:ze providing for lower cost overnigl:lt accommodations on site,
wl:lere 13ossible.
B. If 13roviding lo1,¥er cost 01o1ernigl:lt accommodations on site is not feasible, accordiRg to a
J:easibilit>y1 ar1a l•11sis submitted b•t tl:le applicaRt a Rd accept eEI by tl:le cit y, tl:le n 1:1
replacement o# site 1,1,1itl:l in tl:l e Carlsbad f:oastal t:one sl:lall be reeiuired. +l:lese o# site
overnigl:lt accommodations sl:lall be completeEI a Rel ready for use prior to occu13an cy of
tl:le Re1.-,1 de1a1elopment.
Page 7
Oct. 12, 2021 Item #7 Page 23 of 428
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 3 -RECREATION AND VISITOR-SERVING USES, CONT.
p
p
Revise draft policy LCP-3-P.17, as follows:
LCP-3-P.17 Prohibit newOn land designated Visitor Commercial (VC) on the Local Coastal
Program land use map, timeshares or other limited-use overnight
accommodations, such as timeshares, shall be subject to the following:--e» -la-R€I
designated as Visitor Commercial (VC) on the Local Coastal Program land HSe
~
A. At least twenty-five (25%) percent ofthe units within any given facility shall
be made available each day for transient overnight accommodations during
the summer season (beginning the day before the Memorial Day weekend
and ending the day after Labor Day).
B. The timeshare facility shall operate in the same manner as a hotel,
including requirements for a centralized reservations system, check-in
services, advertising, security, and daily housecleaning.
C. No person shall occupy any unit or units within a given facility for more
than sixty (60) days per calendar year and no more than thirty (30) days
during the summer season (beginning the day before the Memorial Day
weekend and ending the day after Labor Day).
Revise draft Figure 4-4 to show the correct location of the future bike path along southbound Carlsbad
Boulevard, as follows:
_ ...... ~ ''),',
\'.).· '
1/3;
Page 8
Oct. 12, 2021 Item #7 Page 24 of 428
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec.By RECOMMENDED REVISIONS: DRAFT CHAPTER 4-COASTAL ACCESS, CONT.
Add the following to the end of draft Section 4.4 (end of page 4-30 of draft Local Coastal Program
Land Use Plan):
Reduce Parking Demand
In addition to Qroviding off-street and on-street QUblic Qarking SQaces1 imQlementing
methods to reduce Qarking demand will assist in Qroviding QUblic access to the coast. One
p method to reduce Qarking demand is transQortation demand management (TOM). TDM
consists of strategies to reduce the demand for the single-occuQant vehicle. Common TDM
strategies include carQool Qrograms, car-sharing and bike-sharing Qrograms, flexible work
hours, telecommute Qrovisions, shuttle services to nearby transit stations, installation of
bicycle facilities (lockers, racks, lanes, showers at emQloyment areas, etc.). or other
measures that would reduce the demand to drive; thereby, reducing the demand for
Qarking.
Revise policy 4-P.26, as follows:
LCP-4-P.26 Ensure that the design, location, construction, and operation of trails and
p bikeways avoids or minimizes adverse impacts to coastal resources, including
sensitive habitats and species, and agriculture. For examQle, the design and
OQeration of the future trails on the north side of Cannon Road, south of
Agua Hedionda Lagoon (as shown on Figure 4-2), shall avoid or minimize
imQacts to the existing agriculture on the QroQerty.
Revise draft policy 4-P.37, as follows
s
LCP-P.37 Identify opportunities to provide additional public parking near beach areas.
Add the following policies (to follow draft policy LCP-4-P.40):
SUQQOrt transQortation demand management (TDM) strategies to reduce Qarking demand
p related to single-occuQancy vehicle triQs and to Qromote walking, biking, transit use,
camooling, etc.
AQQly the Village and Barrio Master Plan for additional Qolicies and Qrovisions related to
Qarking management strategies in the master Qian area.
Page 9
Oct. 12, 2021 Item #7 Page 25 of 428
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec.By RECOMMENDED REVISIONS: DRAFT CHAPTER 5-AGRICULTURAL, CULTURAL AND SCENIC RESOURCES
Revise the second paragraph of the description of "Coastal Act Section 30171.5 -Statutory Program"
on page 5-7 of draft Local Coastal Program Land Use Plan, as follows:
p The statutory program requires payment of a fee to mitigate the conversion of agricultural lands
and specifies that the fee can be used only for restoration of Batiquitos Lagoon, an interpretive
center at Buena Vista Lagoon, access to public beaches, and other projects that enhance the use
of natural resources, including open field cultivated floriculture (refer to Section 5.1 for the full
text of Coastal Act Section 30171.5). _
Add the follow paragraph at the end of page 5-26:
PC While not listed as Historic Resources, there are many cultural resources that add to the charm and
character of the Village and Barrio area, some of those include: Twin Inns, the structures in McGee
Park, the Pizza Port building, the Army Navy Academy, and the bungalows throughout the area, just to
name a few.
Revise policies LCP-5-P.2 and 5-P.3, as follows:
LCP-5-P.2 Recognize the important value of agriculture and ~~upport the continuation of
existing agriculture by minimizing conflicts with urban uses; such as by requiring
new adjacent development to utilize buffers, vegetation, and other site design
features that minimize impacts on the agricultural use; and by requiring farm
operators to utilize methods to prevent dust and pesticide impacts on adjacent
p uses [related to Coastal Act Section 30241].
LCP-5-P.3 Support and encourage the continuation of agriculture within the Cannon Road Open
Space, Farming and Public Use Corridor, and other areas by utilizing methods and
resources to reduce the financial burdens on agricultural land, not only to prevent
premature development but also to encourage its continued use for agricultural
purposes. For example, consider construction of public facility improvements, such as
drainage improvements, which are designed to support the continuation of
agriculture.
Revise policy LCP-5-P.17, as follows:
LCP-5-P.17 Ensure that the determination of the significance of cultural or tribal cultural
resources, and the development and implementation of any appropriate treatment
measures and procedures, is conducted by a qualified archaeologist and, in the case
of tribal cultural resources, in consultation with interestedculturally-and
p geographically-affiliated California Native American Tribes. All Native American
human remains and associated grave goods shall be returned to their most likely
descendent and repatriated. The final disposition of tribal cultural resources not
directly associated with .Native American graves shall be negotiated during
consultation with interested Tribes in accordance with the California Environmental
Quality Act, Public Resources Code Section 21084.3, and any other applicable laws
and regulations.
Page 10
Oct. 12, 2021 Item #7 Page 26 of 428
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (Pl
Rec.By RECOMMENDED REVISIONS: DRAFT CHAPTER 5-AGRICULTURAL, CULTURAL AND SCENIC RESOURCES
Revise policy LCP~5-P.24, as follows:
p LCP-5-P.24 Ensure that new development and redevelopment preserves, where possible,
existing, mature, healthy vegetation that provides significant scenic value, such
as oak trees aREl e1::1Eal>11ptl:1s staREls.
Add the following policy (to follow policy LCP-5-P.25):
s
All new utility systems shall be Qlaced underground as feasible and commonly r1racticed.
Revise policy LCP-5-P.28, as follows:
LCP-5-P.28 Require that retaining walls visible to the r1ublic not exceed six feet in height
and incorporate veneers, texturing, and/or colors that blend with the
p surrounding earth materials or landscape. Stepped or.terraced retaining walls
1::1p to aR aggFegate 12 feet iR height, with at least a 3-fpot-wide area for
planting in between, may be permitted. Where feasible, long continuous walls
shall be broken into sections or shall include undulations to provide visual relief.
Revise policy LCP-5-P.32.D, as follows:
LCP-5-P .32 ...
...
D. Area 6 on Figure 5-3:
p i¥. Development on the property shall provide public access to views of
Batiquitos Lagoon; such as by providing a dedicated public gathering/viewing
area that offers views of the lagoon and Pacific Ocean, in addition to the
aEljaEeRt nearby existing or planned future public scenic viewing areas shown
on Figure 5-3.
Page 11
Oct. 12, 2021 Item #7 Page 27 of 428
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec.By RECOMMENDED REVISIONS: DRAFT CHAPTER 6 -ENVIRONMENTALLY SENSITIVE HABITAT AREAS
AND WATER QUALITY
Add the following at the end of Section 6.2 on page 6-14 of draft Local Coastal Program Land Use Plan:
Impacts of Beach Grooming on Beach Ecosystem
"Beach wrack" is an imi:1ortant Qart of the marine ecosystem. "Beach wrack" refers to the
mounds of seaweed and other loose organic material that is brought ashore and
accumulates by the natural i:1rocesses of tides and waves. While these mounds may
ai:11:1ear to beach visitors as unsightly debris, wrack is an imQortant nutrient source for the
beach ecosystem, in that it i:1rovides micro-habitat for a variety of organisms, sui:11:1orts the
i:1rey of many marine and terrestrial invertebrates and shorebirds, and contributes to the
establishment of coastal strand and inciQient dune habitat. Regular grooming of sandy
beaches can destroy the wrack and degrade the near shore habitat. Research has shown
that groomed beaches have lower invertebrate si:1ecies richness, abundance and biomass
and sui:11:1orts fewer birds in absolute numbers and si:1ecies diversity,.
p Beach grooming can negatively imi:1act sensitive shorebird si:1ecies, such as the western
snowy Qlover and the California least tern, that forage and nest on the oi:1en beach. The
western snowy i:1lover establishes nests just above the wrack line in the UQQer beach and
coastal strand zone. These nests are very exi:1osed and vulnerable to disturbance and
Qredation. The California least tern breeds on exi:1osed tidal flats, beaches and bays of the
Pacific Ocean and is vulnerable to 1:1redators, natural disasters and human disturbance.
Beach grooming not only removes 1:1otential Qlover and tern nest material, but can also
flatten the subtle toi:1ograi:1hic deQressions that these birds use to nest in.
Beach grooming can also negatively imQact California grunion, which are a SQecies of fish
with a ver:1. unigue mating ritual. Grunion come ashore in the SQring and summer to
rei:1roduce during 1:1articularly high night-time tides. Female grunion dig their tails into the
sand and lay their eggs. For the next ten days or so grunion eggs remain buried in the sand
until the next high t ide when the eggs hatch and young grunion are washed out to sea. If
beach grooming occurs while grunion eggs are buried, all the eggs may be destroyed.
On Page 6-15, revise the first paragraph ofthe "Surface Water Quality" section, as follows:
Surface Water Quality
Impacts to the Carlsbad hydrologic unit include surface water quality degradation, sewage spills,
sedimentation, habitat degradation and loss, invasive species, and eutrophication (i.e., excessive
PC
nutrients in a body of water, usually resulting from runoff from land, which causes a dense growth of
plant life and death of animal life from lack of oxygen). Pollutant conditions in the Carlsbad hydrologic
unit include bacterial indicators, eutrophic conditions, nutrients, sediments, sulfates, nitrates, and
phosphates. The sources of these pollutants are varied and include urban runoff, agricultural runoff,
sewage spills, livestock/domestic animals, and other natural sources. Key water quality issues in the
city's principal surface water bodies are described below. The water guality issues described below are
addressed through regional Qrograms that focus on imQroving existing water guality conditions.
Page 12
Oct. 12, 2021 Item #7 Page 28 of 428
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec.By RECOMMENDED REVISIONS: DRAFT CHAPTER 6-ENVIRONMENTALLY SENSITIVE HABITAT AREAS
AND WATER QUALITY
Revise the first paragraph of the description of Buena Vista Lagoon starting on page 6-15 of draft Local
Coastal Program Land Use Plan, as follows:
Buena Vista Lagoon is a 220-acre freshwater lagoon managed as an ecological reserve by the
California Department of Fish and Wildlife. The principal water quality issue_s in the ,...,atershed
relate to tihe lagoon;--Wffi€-h-is identified on the rncalifornia 2014-2016 Clean Water Act
p (CWA) Section 303(d) I!,ist of Impaired Waters for as impaired due to the presence of pollutants
fnutrients, indicator bacteria, sediment toxicity, and sedimentation/siltation). Waters on the
Section 303(d) list are those that do not meet water quality standards and parameters for
pollutants. Buena Vista Creek, which feeds into the lagoon, is also listed as impaired for
sediment toxicity, benthic community effects, bifenthrin, and selenium. The City of Vista has
installed a series of check dams and a detention basin to assist in the removal of sediments
traveling through Buena Vista Creek.
Revise the last paragraph of the description of Buena Vista Lagoon on page 6-16 of draft Local Coastal
Program Land Use Plan, as follows:
In July 2012, the San Diego Association of Governments (SAN DAG) began an environmental
p review process for the Buena Vista Lagoon Enhancement Project, which includegs evaluation of
three enhancement alternatives (freshwater, saltwater, and a saltwater/freshwater hybrid
regime) and a no project alternative. In July 2019On May 22 , 2020, SAN DAG, adopted a
resolution to accept the saltwater alternative, which will allow the Buena Vista Lagoon to
connect directly with ocean waters to flush out sediments. prnpert1,1 owners and other
stal~eholders agreed to pursue a modified hyerid saltwater enhancement option.
Revise the first paragraph of the description of Agua Hedionda Lagoon on page 6-16 of draft Local
Coastal Program Land Use Plan, as follows:
Agua Hedionda Lagoon encompasses three interconnected lagoons, divided by Interstate 5 and
a railroad bridge. The Agua Hedionda Ecological Reserve was acquired in 2000 by the California
Department of Fish and Wildlife and consists of 186 acres of wetland at the eastern end of the
p lagoon. Although Agua Hedionda Lagoon is ~listed as impaired on the California 2014-2016
CWA Section 303{d) List of Impaired Waters for toxicity., Sources are listed as unknown. Agua
Hedionda Creek, which feeds into the lagoon, is listed as impaired on the rncalifornia 2014-
2016 Clean Water ActCWA Section 303(d) List of Impaired Waters list as impaired for benthic
community effects, indicator bacteria, enterococcus. fecal coliform,malathion manganese,
bifenthrin, chlorpyrifos, cypermethrin, phosphorus, selenium, total dissolved solids, total
nitrogen-as-N-, and toxicity.
Page 13
Oct. 12, 2021 Item #7 Page 29 of 428
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
RECOMMENDED REVISIONS: DRAFT CHAPTER 6 -ENVIRONMENTALLY SENSITIVE HABITAT AREAS Rec.By AND WATER QUALITY, CONT.
Revise the second paragraph of the description of Batiquitos Lagoon on page 6-17 of draft Local Coastal
Program Land Use Plan, as follows:
Although Batiquitos Lagoon is -Ret-listed as impaired on the California 2014-2016 CWA
Section 303{d} List of lmQaired Waters for toxicity. Sources are listed as unknown.
p Additionally, two of the creeks that feed into Batiquitos Lagoon are listed as imQaired on
the rncaliforni;:i Clean Water ActCWA Section 303(d) List of lmQaired Waters-H5t-a5
impaired Encinitas Creek is impaired for benthic community effects, QhosQhorus,
selenium, and toxicity, and San Marcos Creek is impaired for ODE
(dichlorodiphenyldichloroethylene), phosphorus, sediment toxicity, benthic community
' effects, indicator bacteria {enterococcus and fecal coliform). and selenium.
Add "Environmentally Sensitive Habitat Area (ESHA)" policy:
Ensure large scale beach maintenance activities avoid adverse imQacts to the beach ecosystem,
including beach wrack and near shore habitat during the SQringLsummer nesting season (AQril-
August}. Organized beach grooming should be avoided to the extent feasible, but would be allowed
PC to decrease imQacts of flying insect QOQulations and large beach disQlacement areas on
beachgoers. Alternative beach maintenance activities, such as manual beach cleaning, should be
restricted when sensitive SQecies are Qresent on the beach {e.g., grunion, western snowy Qlover
and least tern}; when sensitive SQecies are Qresent, limit beach maintenance to areas located more
than 10 feet landward of the beach wrack habitat line or mean high tide line, whichever is farthest
landward.
Add the following "Marine and Coastal Water Quality" policy, as follows:
p SUQQOrt the Buena Vista Lagoon Enhancement Project and enter into a Qroject agreement with
San Diego Association of Governments (SAN DAG}, the City of Oceanside, the California
DeQartment of Fish and Wildlife, and other affected QroQerty owners.
Page 14
Oct. 12, 2021 Item #7 Page 30 of 428
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 7 -COASTAL HAZARDS
p
Crt~• v{
EnomW5
Revise draft policy LCP-7-P.8, as follows:
LCP-7-P.8
p
Oct. 12, 2021
Require a site-specific sea level rise hazard report(s) for all development that
requires a coastal development permit and is proposed on property that is 1)
wholly or partially in a sea level rise hazard zone (as shown on the sea level rise
hazard maps for year 2100-see Appendix B), or 2) an oceanfront parcel outside
the boundary of a sea level rise hazard zone. The report shall be prepared
pursuant to the requirements specified in the zoning ordinance and shall:
A. Be based on the best available sea level rise science and state guidance
applicable at the time of the report.
B. Demonstrate that the development will not create new, or increase the degree
of, sea level rise hazards to the property, and to the extent feasible, will avoid
or minimize impacts from sea level rise hazards (inundation, bluff erosion,
flood) for the anticipated duration of the development per Policy LCP-7-P.9.
C. For sites with existing shoreline protective devices, the analysis shall assume
that the protective device does not exist, such that the site would erode in a
manner similar to unarmored sites in the same vicinity with similar geologic
attributes. (This subsection does not apply to existing shoreline protective
devices that are part of a development that includes an existing lagoon
marina/boat dock).
D. Demonstrate that the development will not encroach on public trust lands or a
wetland boundary or required buffer during the anticipated duration of the
development per Policy LCP-7-P.9.
Page 15 ·
Item #7 Page 31 of 428
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 7 -COASTAL HAZARDS, CONT.
Revise draft policy LCP-7-P.9, as follows:
LCP-7-P.9 Interpret the anticipated duration of development in the coastal zone, as shown in
s Table 7--±J of this chapter, as a guideline for se·a level rise planning purposes, not as
an entitlement to maintain development in hazardous areas. The duration of any
development shall be limited by site conditions, which may result in a shorter
duration of development than shown in Table 7-±J.
Revise draft policy LCP-7-P.13, as follows:
LCP-7£P.13 Allow a minimum economic use and/or development of a property~
necessa!:Y to avoid an unconstitutional taking of private property without just
compensation, where full adherence with all Local Coastal Program policies,
p including sea level rise policies and other hazard avoidance measures, would
preclude a reasonable economic use of the property. Continued use of an
existing structure, including with any permissible repair and maintenance
(which may be exempt from permitting requirements), may provide a
reasonable economic use. If development is allowed pursuant to this policy, it
must be consistent with all Local Coastal Program policies to the maximum
extent feasible.
Revise draft policy LCP-7-P.16, as follows:
LCP-7-P.16 Prohibit improvements (including those that do not meet the threshold of
redevelopment) to an existing structure that meets all of the following (note:
improvements may be permitted subject to policies LCP-7-P.12 and LCP-7-P.13):
'ldAiEA is legall•r RSA EeRforR'liRg El1:1e tea sea le•t.1el rise Aai!arEl 13eliey eF staRElarEl
wl=leR tl=le iR'll3re\leR'leRts iRerease tl=le Elegree ef noR rnRfoFR'lit'y' by iREreasiRg tl=le
l=lai!arEle1:1s EenElitieR, Sl:IEA as by Ele1t.1elo13ing seawarEl er iR a leEatieR tl=lat EeRfliEts '
p ,,..,itl=l tl=le 13elieies ef tl=lis el=la13ter, orb,, eiiteREling tl=le a1:1Fatien tl=lat tl=le neR
E9RferfftiRg str1:1Et1:1re will reR'laiR R9R E9Rf8FR'liRg.
A. The existing structure is located in a sea level rise hazard zone; and
B. The existing structure would not be permitted to be constructed today based on
sea level rise hazard policies; and
C. The proposed improvements would increase the degree of sea level rise hazard to
the property, such as by developing seaward or in a new location that conflicts
with the policies of this chapter.
Page 16
Oct. 12, 2021 Item #7 Page 32 of 428
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec.By RECOMMENDED REVISIONS: DRAFT CHAPTER 7 -COASTAL HAZARDS, CONT.
Revise draft policy LCP-7-P.21, as follows:
LCP-7-P.21 Prohibit the use of shoreline protective devices to protect new development,
including redevelopment. If new development, including redevelopment, is
protected by an existing legally authorized shoreline protective device, the new
development/redevelopment shall be sited and designed in a manner that does
not require or rely on the use of a shoreline protective device to ensure
p geologic stability. Require, as a condition of approval of a coastal development
permit, that new development, including redevelopment, record a notice of
restriction waiving the right, per Coastal Act Section 30235, to construct
shoreline protective devices in the future. The condition shall be recorded as
part of a notice of restriction per Policy LCP-7-P.17. This policy does not apply
to existing shoreline protective devices that are part of a development that
includes a lagoon marinaLboat dock.
Revise draft polic;y LCP-7-P.22, as follows:
LCP-7-P.22 Require, when permitting new development or redevelopment, removal of
existing shoreline protective devices that are under the control of the property
owner, only if (note: this policy does not apply to existing shoreline protective
devices that are part of a development that includes a lagoon marinaLboat
dock): p A. It is feasible to remove the device and restore affected areas; and
B. The device is causing adverse impacts to coastal or public trust resources,
or will cause impacts over the anticipated duration of the
development/redevelopment due to sea level rise during that time; and
~-The device is no longer necessary to protect the remaining existing
principal structure on the property or adjacent properties that are entitled
to retain shoreline armoring.
Revise draft policy LCP-7-P.28, as follows:
LCP-7-P.28 Develop and implement a-:sea level rise hazard -shoreline development standards, s as part of the Zoning Ordinance, for areas that are vulnerable to sea level rise
hazards. The development standards shall minimize risks to life and property
associated with sea level rise and ensure protection of the migrating shoreline.
Revise draft policy LCP-7-P.29, as follows:
LCP-7-P.29 Seel< fund ing opportunities to d.Qevelop a sea level rise adaptation plan(s) that
identifies how development, resources, and other vulnerable assets can adapt
to the impacts of sea level rise. The adaptation plan should provide a
p framework to manage risks and take actions based on sea level rise
monitoring and specific scenarios related to sea level rise impacts. Elements
of an adaptation plan include, but are not limited to:, inEludi ng, 13ut not
lim ited to, the following:
...
Page 17
Oct. 12, 2021 Item #7 Page 33 of 428
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec.By RECOMMENDED REVISIONS: DRAFT CHAPTER 7 -COASTAL HAZARDS, CONT.
Revise draft policy LCP-7-P.39, as follows:
LCP-7-P.39 Comply with the Federal Emergency Management Agency (FEMA)
requirements to identify and regulate flood hazard areas. Cooperate with
FEMA on shoreline flooding hazards and other mapping efforts, including
efforts to reflect sea level rise flooding Qrojections.
RECOMMENDED REVISIONS: DRAFT CHAPTER 8 -GLOSSARY
Add the following definitions:
Existing Structure: a structure that existed Qrior to Coastal Commission certification of this Local
Coastal Program Land Use Plan ([insert date after certification]). This definition is aQQlicable only in
the context of Qolicy LCP-7-P.20; otherwise, common use of the term "existing" shall aQQly.
Li mited Use Overnight Visitor Accommodations: Any hotel, motel, or other similar facility that
Qrovides overnight visitor accommodations where a Qurchase r receives the right in QerQetuity, for life,
or a term of years, to the recurrent, exclusive use or occuQancy of a lot, Qarcel, unit, room(sl, or
segment of the facility, annually or on some other Qeriodic basis, for a Qeriod of time that has been or
will be allotted from the use or occuQancy Qeriods into which the facility has been divided; such
facilities include, but are not limited to, timeshare, condominium hotel, fractional ownershiQ hotel, or
uses of a similar nature.
Timeshare: See "Limited Use Overnight Visitor Accommodations."
Page 18
Oct. 12, 2021 Item #7 Page 34 of 428
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EXISTING Local Coastal Program Land Use
U -Utility; TS -Tourist Services
SEPT.28,2021
PROPOSED Local Coastal Program Land Use
VC -Visitor Commercial; OS -Open Space; P -Public
CHANGES TO LOCAL COASTAL PROGRAM LAND USE
MAP LOCAL COASTAL PROGRAM UPDATE -LCPA 15-07 )>
r-1-r-t-
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OJ
ORDINANCE NO. CS-406
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING A LOCAL COASTAL PROGRAM AMENDMENT
CONSISTING OF A ZONE CHANGE AND AMENDMENTS TO THE POINSETTIA
SHORES MASTER PLAN AND VILLAGE AND . BARRIO MASTER PLAN FOR
CONSISTENCY WITH THE LOCAL COASTAL PROGRAM LAND USE PLAN
UPDATE
CASE NAME: LOCAL COASTAL PROGRAM UPDATE
CASE NO.: LCPA 15-07/ZC 2020-0002/AMEND2020-0016 (DEV15061)/
AMEND 2020-0014 (DEV08014)
Attachment B
Exhibit 1
WHEREAS, the Carlsbad Zoning Map, Poinsettia Shores Master Plan and Village and Barrio
Master Plan are part of the Local Coastal Program Implementing Ordinance, and therefore,
amendments to the Zoning Map, Poinsettia Shores Master Plan and Village and Barrio Master Plan are
amendments to the Local Coastal Program; and .
WHEREAS, as provided in Government Code Section 65350 et. seq., Section 21.52.020 and
Section 21.90.090 of the Carlsbad Municipal Code, and Public Resources Code Section 30514 and
Section 13551 of the California Code of Regulations Title 14, Division 5.5, said verified application
constitutes a request for a Local Coastal Program Amendment consisting of a Zone Change and
amendments to the Poinsettia Shores Master Plan and Village and Barrio Master Plan (LCPA 15-07 /ZC
2020-0002/AMEND 2020-0016/AMEND 2020-0014}; and
'i'fHEREAS, the proposed Zone Change and amendments to the Poinsettia Shores Master Plan
and Village and Barrio Master Plan (LCPA15-07/ZC 2020-0002/AMEND 2020-0016/AMEND 2020-0014}
are necessary to ensure consistency with the associated Local Coastal Program Land Use Plan Update
(Exhibit 7 of the City Council Staff Report dated Sept. 28, 2021}; and
WHEREAS, pursuant to California Coastal Commission Regulations, a six-week public review
period for the Local Coastal Program amendment occurred from October 18, 2019 to November 29,
2019;and
WHEREAS, on December 2, 2020, January 6, 2021 and January 13, 2021, the Planning
Commission held a duly noticed public hearing as prescribed by law to consider LCPA 15-07 /ZC 2020-
0002/AMEND 2020-0016/AMEND 2020-0014; and
WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7389
Oct. 19, 2021 Item #5 Page 3,of 24
recommending that the City Council approve LCPA 15-07/ZC 2020-0002/AMEND 2020-0016/AMEND
2020-0014; and
WHEREAS, the City Council did on the 12th day of October 2021, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments,
if any, of all persons desiring to be heard, said City Council considered all factors, including written
public comments, if any, related to LCPA 15-07 /ZC 2020-0002/ AM END 2020-0016/ AM END 2020-0014.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain that:
1. The above recitations are true and correct.
2. The findings of the Planning Commission in Planning Commission Resolution No. 7389
also constitute the findings of the City Council.
3. Carlsbad Municipal Code Section 21.05.030, the zoning map, is amended as shown on
"ATTACHMENT A LCPA 15-07 /ZC 2020-0002" dated Sept. 28, 2021, attached hereto.
4. Poinsettia Shores Master Plan is amended as shown on "ATTACHMENT B LCPA 15-07 /
AMEND 2020-0016" dated Sept. 28, 2021, attached hereto.
5. Section 1.7.1.C of the Village and Barrio Master Plan is amended to read as follows:
C. City of Carlsbad Local Coastal Program
The Local Coastal Program guides future development in the city's Coastal Zone based
on policies and requirements in the state Coastal Act. It seeks to ensure coastal
resources, ranging from public views and access, to hillside and sensitive habitats, are
enhanced and protected. Approximately one-third of Carlsbad, including portions of the
Village and Barrio, is in the Coastal Zone. Section 6.2.1 describes the sections of the
Village and Barrio Master Plan and other documents that comprise the Local Coastal
Program for the Coa.stal Zone of the Master Plan area. The Local Coastal Program
requires approval from the California Coastal Commission in addition to the City of
Carlsbad City Council.
6. Section 6.2.1 of the Village and Barrio Master Plan is amended to read as follows:
6.2.1 Local Coastal Program
The Local Coastal Program for properties within the Coastal Zone of the Village and
Barrio Master Plan (shown in Figure 2-1) is comprised of the sections of this Master Plan
and other documents described below. In any instance where the Local Coastal Program
(described below) conflicts with other provisions of this Master Plan (not described
below), the Local Coastal Program provisions shall apply.
Table 6-1: Local Coastal Program for the Coastal Zone of the Village and Barrio Master
Plan
Oct. 19, 2021 Item #5 Page 4 of 24
Row Documents and Provisions that Comprise the Local Coastal Program
Village and Barrio Master Plan Sections:
-Goals and policies in Chapter 1
Use and development standards in Chapters 2 and 3
A Provisions on managing parking and increasing mobility in Section 4.5.2
Administrative processes of Chapter 6
Definitions in Appendix A
City of Carlsbad Local Coastal Program Land Use Plan
In instances where the sections of this Master Plan (specified in row A of this
B table) conflict with the Local Coastal Program Land Use Plan, the Master Plan
provisions shall apply. Where the Village and Barrio Master Plan is silent on an
issue, the provisions of the Local Coastal Program Land Use Plan shall apply.
C CMC Chapter 15.12 -Stormwater Management and Discharge Control
D CMC Chapter 15.16 -Grading and Erosion Control
CMC Title 21 -Zoning Ordinance, except the zoning provisions superseded
E herein
Oct. 19, 2021 Item #5 Page 5 of 24
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption or upon Coastal
Commission approval of LCPA 15-07; 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 12th day
of October 2021, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on theJ9lli day of.October 2021, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn1 Norby.
Bhat-Patel, Acosta.
None.
AP.PROVED AS TO FORM AND LEGALITY:
...-7 " .. -:7 (/ '/ ,·· ----~--I' ✓ ........ <:::(""'·'""/4..._{.,.., " ...... &S;,,,,-:.. ... ;>1,.._..~ ,_;;;..,..._(...,,1-"'.A'--~-t..-'ef: ........ -:S_..,_-=-,..//
CELIA A. BREWER, City Attorney
Oct. 19, 2021
MATT HALL, Mayor
Clerk Services Manager
(SEAL)
Item #5 Page 6 of 24
Oct. 19, 2021
EXISTING Local Coastal Program Zoning
PU -Public Utility
PROPOSED Local Coastal Program Zoning
CT -Commercial Tourist; OS -Open Space
SEPT.28,2021
CHANGES TO ZONING MAP
LOCAL COASTAL PROGRAM UPDATE -LCPA 15-07 /ZC
2020-0002
Item #5 Page 7 of 24
)>
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Attachment B
LCPA 15-07 / AMEND 2020-0016 -LOCAL COASTAL PROGRAM UPDATE
SEPT.28,2021
1. Amend the Poinsettia Shores Master Plan Table of Contents (section titles, exhibit
titles, page numbers, etc.}, as needed, consistent with the amendments shown below.
I 2. Amend the fourth paragraph Poinsettia Shores Master Plan Section 1.A to read as follow~:
Develop~ent within the Master Plan shall be subject to all present and future Growth
Management plans, policies or ordinances adopted by the City Council or by Citizen Vote including
but not limited to Chapter 21.90 of the Carlsbad Municipal Code (Growth Management). The
residential development potential for the Master Plan area has been established by applying the
density ranges and the "control points" of the General Plan Land Use designations which are
applicable to the property. The Master Plan complies with the Growth Control Point of the
underlying General Plan density of 6.0 du/net acres for RM areas and 19 du/net acres for R-23
areas, except where a density bonus is allowed pursuant to the provisions set forth in the
affordable housing ordinance.
3. Amend the first three paragraphs of Poinsettia Shores Master Plan Section 1.B.2 to read
as follows:
The Poinsettia Shores Master Plan supersedes the previous Batiquitos Lagoon Educational Park
Master Plan. The private school and research and development uses allowed by the Batiquitos
Lagoon Educational Park Master Plan on the east side of the railr.oad track were changed to allow
for the development of single and multiple family dwelling units. The impacts of the proposed land
uses identified in the Batiquitos Lagoon Educational Park Master Plan were significantly decreased
with the approval of the Poinsettia Shores Master Plan . The amended Zone 9 LFMP and Chapter VI
of this Master Plan identify the facility impacts of the Poinsettia Shores Master Plan.
For planning purposes, the Master Plan land uses and planning areas are generally referred to as
either "east-side" or "west-side," dependent upon their location in relation to the AT&SF Railroad
Right-of-Way which bisects the property. The east side features nine residential planning areas, a
community recreational area, a recreational vehicle storage area, as well as various open space
areas. The west-side features an open space area, visitor commercial area, general commercial
area, and a multifamily residential area.
When built out, the Poinsettia Shores Master Plan will not exceed the maximum number of
dwelling units as allowed by the General Plan, which as part of the 2015 General Plan update was
determined consistent with the city's Growth Management Plan and the Citywide Facilities and
Improvements Plan.
Oct. 19, 2021 Item #5 Page 8 of 24
4. Amend the last two paragraphs of Poinsettia Shores Master Plan Section 1.B.2 to read
as follows:
There are 75 single-family homes built within the Planning Area J that were built per the
requirements of the Batiquitos Lagoon Educational Park Master Plan.
I 5. Amend the title and label of Poinsettia Shores Master Plan Exhibit 2 to read as follows:
Existing General Plan at adoption of MP 175 (D}
I 6. Amend subsection 7 of Poinsettia Shores Master Plan Section I.E to read as follows:
7. Ensure conformance with the California Coastal Act through compliance with the
policies and standards of the Carlsbad Local Coastal Program.
7. Amend Poinsettia Shores Master Plan Section Ill.A to read as follows:
A. LAND USE
The Local Coastal Program and General Plan land use designations of the Poinsettia Shores Master
Plan are shown on Exhibit 6 on page 15, and listed by planning area on the Land Use Summary
Table, Exhibit 9, on page 21. These designations are:
RM -Residential Medium 4-8 dwelling units per acre (Growth Control Point 6.0 du/ac}
R-23 -Residential 15-23 dwelling units per acre (Growth Control Point 19 du/ac}
GC -General Commercial
VC -Visitor Commercial
OS -Open Space
All development within the Master Plan shall be consistent with these land use designations
as well as complying with all other Master Plan and Planning Area Development Standards.
Oct. 19, 2021 Item #5 Page 9 of 24
I 8. Amend Poinsettia Shores Master Plan Sections 111.C.1.c and 111.C.1.d to read as follows:
c. Multi-family -Planning Area C is designated for multi-family development. The multi-family
units will be developed per the Planned Development Ordinance and the development
standards/design criteria set forth in this Master Plan. The multi-family units may include but
are not limited to townhomes, stacked flats, carriage units, apartments and duplexes.
Part of Planning Area F is also designated for multi-family development, which shall be
developed pursuant to the requirements of this Master Plan.
d. Affordable Housing -Planning Area Dis designated as the Master Plan's affordable housing site,
unless an offsite location is designated through an Affordable Housing Agreement between the
property owner and the City per the provisions of Chapter VII of this Master Plan. These units
will be either "for sale" or rental units, subject to the discretion of the developer. For additional
information, see Chapter VII.
Pursuant to City Council Resolution No. 2015-243 and Planning Commission· Resolution No.
7114, affordable housing units are also required as part of the development of residential units
on Planning Area F.
I 9. Amend Poinsettia Shores Master Plan Section 111.C.2 and 111.C.3 to read as follows:
2. GENERAL COMMERCIAL
The General Commercial area is located in Planning Area F at the southeast corner of
Avenida Encinas and Carlsbad Boulevard. The land uses will consist of those permitted by
the General Commercial land use designation, per the Carlsbad General Plan and as
specified within the Poinsettia Shores Master Plan.
3. VISITOR COMMERCIAL
The Visitor Commercial area will be located in Planning Areas F, G and H. The land uses will
consist of those permitted by the Visitor Commercial land use designation as described in
the City of Carlsbad General Plan and as specified within the Poinsettia Shores Master Plan.
Oct. 19, 2021 Item #5 Page 10 of 24
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CITY COUNCIL ORDINANCE (OPTION 1) EXHIBIT B
LCPA 15-07/AMEND 2020-0016-LOCAL COASTAL PROGRAM UPDATE-AUG. 24, 2021
I 12. Amend Poinsettia Shores Master Plan Exhibit 9 to read as follows:
Planning Land Use Development Type and Review Acres (1) Residential (Units Non-Residential (Sq. Ft.)
Area Designation Process Gross Net Growth Management General Plan Poinsettia Shores Poinsettia Shores Master Plan Control Point Maximum Units Master Plan (2)
J RM SFD PD 13.8 13.6 Existing-7S Existing-75 Existing-75
SUBTOTAL EXISTING 13.8 13.6 Existing-75 Existing-75 Existing-75
A-1 RM SFD PD 9.8 8.4 50 67 41
A-2 RM SFD PD 13.5 11 66 88 50
A-3 RM SFD PD 10.2 8.6 51 68 51
A-4 RM SFD PD/SDP 14.7 14,7 88 117 62
B-1 RM SFD PD/SDP 20.9 20.2 121 161 161
B-2 RM SFD PD/SDP 2.9 2.6 15 20 16
C RM SFD PD/SDP 11.2 9.6 57 76 70
D RM SFD PD/SDP 4.4 4.0 24(3) 32(3) 90(4)
E RM SFD PD/SDP 0.9 0.5 3 4 0
Residential Subtotal Future (3) 88.5 79.6 451 451
Market Rate Density Bonus Units (5) 23
F R-23 Residential 15-23 du/ac SDP 7.21 6.28 119 144 119
F GC General Commercial SDP 3.83 3.07 12 NA 12 (6)
G vc Visitor Commercial SDP 8.4 7.8 58,600 square feet 0 0 0 Plus 220 hotel/Timeshare Units
H vc Visitor Commercial SDP Total~ 120,000 square feet
3.7 3.7 0 0 0 Including 150 Hotel Rooms and
25,000 sq. ft. for a Conference Center
I OS Open Space 11.9 11.9 0 0 0
K OS Open Space 18.3 18.3 0 0 0
L OS Open Space 4.6 4.6 0 0 0
M OS Recreation Center SDP 2.3 2.0 0 0 0
Total Master Plan (3) 162.8 152.2 657 657 178,600 sq. ft. & 220 Hotel/Timeshare Units (6)
Total With Affordable Housing And Density Bonus 162.8 152.2 729 770 178,600 sq. ft. & 220 Hotel/Timeshare Units (6)
(1) The Planning Area acreage was determined by planimeter. Upon preparation of the Tentative Map, exact acreages will be determined.
(2) Units are permitted to be transferred between the Planning Areas, however the number of units within any Planning Area may not be above or below the General Plan density range, except as
allowed for utilization of density bonus unit per the affordable housing chapter of this Master Plan.
(3) Since Planning Area Dis reserved as a potential affordable housing site and the units will be provided via a density bonus, the units shown in Planning Area Dare not included in the su_btotal of
future residential.
(4) Under Section 21.86.060(g) of the Density Bonus Ordinance, these units may be permitted to exceed the General Plan density range.
(5) The Market Rate Density Bonus Units are additional units allowed under Section 21.86.030 of the Density Bonus Ordinance
The figure is derived by multiplying the maximum future dwelling units (451) by 25% to arrive at a 113 unit density bonus and subtracting the amount of required affordable units (90).
The equation: 451 Maximum Future Dwelling Units x .25 = 113 Density Bonus Units; 113 Density Bonus Units -90 Affordable Units= 23 Market Rate Units.
These units will either be utilized in Planning Area Dor transferred into other Planning Areas. (See Chapter VII for more detailed information.)
(6) The total amount of General Commercial development will be determined during city review of a development proposal.
NOTE: The number of units in Planning Areas B-1, B-2 and C exceed the Growth Control Point, however they are within the General Plan density range.
The total number of dwelling units within the Poinsettia Shores Master Plan will not exceed the total number of units allowed by Growth Management
6
Oct. 19, 2021 Item #5 Page 13 of 24
I 13. Amend Poinsettia Shores Master Plan Section VIII to read as follows:
VIII. LOCAL COASTAL PROGRAM COMPLIANCE
The Poinsettia Shores Master Plan area falls within the Coastal Zone. The area falls within
the West Batiquitos Lagoon Local Coastal Plan (LCP) which provides policies and
development guidelines for compliance with the state coastal act.
All proposed development in the Poinsettia Shores Master Plan area shall be in compliance
with the requirements of the Carlsbad Local Coastal Program (LCP) Land Use Plan policies
and provisions, including guidelines for the development of steep slopes covered with
native vegetation, grading and the provision of erosion control devices.
A Coastal Development Permit must be obtained prior to development of any Planning
Area. Please see Section B of Chapter XI and Exhibit 31 for details on timing and
requirements for such permits.
I 14. Add the following paragraph at the end of Poinsettia Shores Master Plan Section IX:
The designation of Planning Area F for residential and commercial use complied with CEQA
through completion of the General Plan Update Environmental Impact Report (EIR 13-02).
Future development of the planning area will be subject to a project specific environmental
review pursuant to CEQA.
15. Amend Poinsettia Shores Master Plan Section XI.C Planning Area Development
Standards [for Planning Area F] to read as follows:
PLANNING AREA F
1. Description:
Planning Area F is located at the far northwest corner of the Master Plan area west of the
NCTD Railroad right-of-way. This Planning Area is split into two sites by Ponto Drive. The
eastern residential site has a gross area of 7.21 acres and a net area of approximately
6.28 acres. The western commercial site has a gross area of 3.83 acres and a net area of
approximately 3.07 acres.
2. Land Use Allocation:
Local Coastal Program and General Plan Land Use:
~ East of Ponto Drive: R-23 (Residential 15-23 dwellings per acre)
• West of Ponto Drive: GC (General Commercial)
Residential and commercial development shall comply with all applicable policies of the
Carlsbad Local Coastal Program Land Use Plan and the Carlsbad General Plan.
Oct. 19, 2021 Item #5 Page 14 of 24
15. Amend Poinsettia Shores Master Plan Section XI.C Planning Area Development
Standards [for Planning Area F] to read as follows, cont.:
3. Special Development Standards and Design Criteria:
Residential and Commercial Areas:
All open parking areas shall be screened from adjacent roadways and structures,
thr'ough a combination of planting, berming and low walls.
Screening walls for storage spaces, loading areas . and equipment shall be
architecturally integrated with surrounding buildings and design.
R-23 Residential Area:
Development shall comply with the standards of Carlsbad Municipal Code Title 21
(Zoning) Chapter 21.24 -RD-M Residential Density-Multiple Zone, and all other
zoning standards not otherwise addressed by this Master Plan.
All structures shall be set back a minimum of 40 feet from the NCTD Railroad Right-
of-Way. Allowable uses within this setback include streets, parking and landscaping.
Development of the site shall include internal walkways that provide pedestrian
access to surrounding sites.
Future development shall comply with City Council Resolution No. 2015-243 and
Planning Commission Resolution 7114, which requires a minimum of percentage of
the total number of units (rental or for-sale) be affordable to lower income
households. These units shall be provided on site or at an offsite location, subject to
city approval.
GC Commercial Area:
The primary use of the site is intended for general commercial uses (retail and
commercial service uses) and may include a community amenity use such as an
arts/nature/activity center.
Development shall comply with the standards of Carlsbad Municipal Code Chapter
2.28 -C-2 General Commercial Zone, and all other zoning standards not otherwise
addressed by this Master Plan.
A 40-foot landscape setback shall be provided along the west side of the planning
· area/east side of Carlsbad Boulevard; the width of the landscape setback may be
· reduced due to site constraints or protection of environmental resources. A
meandering multi-use public path shall be provided within the landscape setback.
Building structures and facilities shall be well integrated, oriented and related to
pedestrian scale.
Development of the site shall include internal public-gathering plazas and walkways
that provide pedestrian access to surrounding sites and Carlsbad Boulevard.
Oct. 19, 2021 Item #5 Page 15 of 24
15. Amend Poinsettia Shores Master Plan Section XI.C Planning Area Development
Standards [for Planning Area F] to read as follows, cont.:
If the site is developed as a mixed-use site:
a. Residential dwellings are allowed as a secondary use at a minimum density of 15
dwelling units per acre (based on 25 percent of developable acreage).
b. Vertical mixed-use (commercial, office and residential in the same multi-story
building) -ground floor uses shaH be limited to retail and commercial service
uses and upper floor uses may include uses allowed on the ground floor, as well
as office and residential uses.
c. Horizontal mixed-use (commercial, office and residential in separate buildings) -
commercial uses shall be the primary use located along primary street frontages.
d. Future development of residential dwellings shall comply with City Council
Resolution No. 2015-243 and Planning Commission Resolution 7114, which
requires a minimum of percentage of the total number of units (rental or for-
sale) be affordable to lower income households. These units shall be provided on
site or at an off site location, subject to city approval.
A multi-level above and below ground parking garage may be considered along
Avenida Encinas. If a parking garage is provided, shops and services should line the
first story of the garage's north and west sides to maintain pedestrian activity along
and to the planning area.
Development of the site should design for the ability to provide a pedestrian
underpass below Carlsbad Boulevard from the wetland area/boardwalk trail to the
beach side of Carlsbad Boulevard.
4. Approval Process:
A Site Development Plan (processed per Carlsbad Municipal Code Chapter 21.06), Coastal
Development Permit (per Carlsbad Municipal Code Chapter 21.201), and any other required
permit associated with the development application, shall be submitted and approved prior
to the development of this planning area'.
Oct. 19, 2021 Item #5 Page 16 of 24
15. Amend Poinsettia Shores Master Plan Section XI.C Planning Area Development
Standards [for Planning Area F] to read as follows, cont.:
5. Environmental Mitigation Conditions
Prior to approval of further development approvals for this area, additional environmental
review shall be conducted to determine whether any significant environmental impacts will
occur as a result of the proposed use.
6. Other Special Conditions
Development of this Planning Area shall comply with the requirements stated in Section B
of this Master Plan Chapter beginning on page 66.
Oct. 19, 2021 Item #5 Page 17 of 24
16. Replace Poinsettia Shores Master Plan Exhibit 43 with the following:
Oct. 19, 2021 Item #5 Page 18 of 24
17. Amend Poinsettia Shores Master Plan Section XI.C Planning Area Development
Standards [for Planning Area G] to read as follows:
PLANNING AREA G
1. Description:
Planning Area G is located west of the NCTD Railroad right-of-way, east of Carlsbad
Boulevard, north of Planning Area H and south of the Avenida Encinas extension.
Planning Area G has a gross area of 8.4 acres and net developable area of 7.8 acres.
2. Land Use Allocation:
Oct. 19, 2021
Local Coastal Program and General Plan Land Use: VC (Visitor Commercial)
All development in Planning Area G shall conform to shall comply with all applicable
policies of the Carlsbad Local Coastal Program Land Use Plan and the Carlsbad
General Plan.
Hotel units will be managed and maintained by a hotel management group. This
area also allows for hotel units which are also permitted to be designed as vacation
time share units provided that a subdivision map is recorded and the time share is
processed under Section 21.42.010 of the Carlsbad Municipal Code. Up to 220 hotel
or vacation time share units shall be allowable within this Planning Area. Each unit
shall have the option to be designed with full kitchen facilities. These units may be
sold or leased on a daily or weekly basis. In this event the facilities shall be
maintained and managed by an independent management entity which may or may
not be affiliated with the hotel management group.
This Planning Area provides tourist-commercial services within the Master Plan area
and, in particular, the hotel and conference center. Uses within this area shall be
primarily directed toward the needs of tourists visiting the hotel, timeshare,
conference center and local scenic and recreation areas.
In addition to the hotel/time share units described above, this Planning Area
permits, but is not limited to the following uses: restaurants, bakeries, convenience
retail, barber and beauty shops, book and stationary stores, dry cleaning, laundry
service for hotel, florist shops, small specialty grocery stores, novelty and/or
souvenir stores, travel agencies, confectionery stores and jewelry stores. Other
similar uses are also allowed upon approval of the Director of Planning.
Poinsettia Shores Master Plan permits a maximum of 220 hotel and/or time share
units, private recreation facilities in conjunction with the hotel and/or time share
related uses as well as 58,600 square feet of commercial area.
A maximum of 58,600 square feet of tourist commercial floor area is permitted.
Item #5 Page 19 of 24
17. Amend Poinsettia Shores Master Plan Section XI.C Planning Area Development
Standards [for Planning Area G] to read as follows, cont.:
3. Special Development Standards:
Oct. 19, 2021
Development shall comply with the standards of Carlsbad Municipal Code
Title 21 (Zoning) Chapter 21.29 -C-T Commercial Tourist Zone, and all other
zoning standards not otherwise addressed by this Master Plan.
1.2 parking spaces per guest suite must be provided.
Commercial uses shall provide a minimum of one space for each 200 square
feet of gross floor area.
A 40-foot landscape setback shall be provided along the west side of the
planning area/east side of Carlsbad Boulevard; the width of the landscape
setback may be reduced due to site constraints or protection of
environmental resources. A meandering multi-use public path shall be
provided within the landscape setback.
All structures shall be setback a minimum of 40 feet from the NCTD Railroad
right of way. Allowable uses within this setback area include streets,
parking, and landscaping.
A public trail around the perimeter of the planning areas shall be provided.
The trail shall:
· a. Provide public access to views of the lagoon and ocean.
b. Include interpretive signage and occasional seating.
c. Be designed to connect to the city's trail system.
Development of the site shall include internal public-gathering plazas and
walkways that provide pedestrian access to the commercial development to
the north and Carlsbad Boulevard.
The distance between structures shall not be less than 10 feet.
A minimum of 10% of the required parking area, inclusive of driveways shall
be landscaped subject to approval of the Planning Director.
All buildings including accessory structures shall not cover more than 50% of
the area of the lot. Parking areas shall not be counted in determining lot
coverage.
Item #5 Page 20 of 24
17. Amend Poinsettia Shores Master Plan Section XI.C Planning Area Development
Standards [for Planning Area G] to read as follows, cont.:
4. Design Criteria:
All open parking areas shall be screened from adjacent roadways and
structures, through a combination of planting, berming and low walls.
Building structures and facilities shall be well integrated, oriented and
related to pedestrian scale.
Screening walls for storage spaces, loading areas and equipment shall be
architecturally integrated with surrounding building and design.
Building placement shall be designed to create opportunities for plazas or
other landscaped open spaces within the planning area.
The perimeter pedestrian trail system shall be constructed in this area.
5. Approval Process:
A Site Development Plan (processed per Carlsbad Municipal Code Chapter 21.06),
Coastal Development Permit (per Carlsbad Municipal Code Chapter 21.201), and
any other required permit associated with the development application, shall be
submitted and approved prior to the development of this planning area.
6. Environmental Mitigation Conditions
Prior to issuance of a grading permit for this planning area, an archaeologist shall be
retained by the developer for participation in a pre-grading conference and to
perform monitoring during grading operations where, and if, cultural resource sites
are located in this planning area. Compliance with the City's standard
paleontological mitigation is also required.
7. Other Special Conditions
Oct. 19, 2021
This Planning Area is required to either 1) bond for frontage improvements
on Carlsbad Boulevard as specified in this Master Plan's circulation chapter
on page 9, or 2) construct said improvements to the satisfaction of the City
Engineer. Construction of improvements may be financed through an
· assessment district subject to approval by the City of Carlsbad.
The development of this planning area shall include a public access trail
system which will be designed to link with the Master Plan's trail system.
Trail improvements must be installed prior to the issuance of any building
permits for this planning area.
Recordation of open space easements along the bluff and railroad right-of-
way shall occur upon recordation of the final map.
Item #5 Page 21 of 24
18. Amend Poinsettia Shores Master Plan Section XI.C Planning Area Development
Standards [for Planning Area H], as follows:
PLANNING AREA H
1. Description:
Planning Area H is located immediately east of Carlsbad Boulevard between the Hotel
to the north and an open space area to the south. This Planning Area has a gross area
of 3. 7 acres and a net developable area of 3. 7 acres. Planning Area H is a lagoon bluff-
top area which is subject to special development standards which address visual
impacts to the lagoon.
2. Land Use Allocation:
Local Coastal Program and General Plan Land Use: VC (Visitor Commercial)
All development in Planning Area H shall conform to shall comply with all applicable
policies of the Carlsbad Local Coastal Program Land Use Plan and the Carlsbad General
Plan.
Planning Area H will include a hotel and conference center with recreational facilities,
administrative offices, banquet facilities and accessory retail uses as approved by the
Planning Director.
All development in Planning Area H shall conform to the standards of the C-T zone of
the Carlsbad Municipal Code, Chapter 21.29.
Permitted uses within Planning Area H are those commonly found with full service
hotel facilities to include, but not limited to, a conference center, swimming pool,
basketball courts, tennis courts, health club, dining facilities, and accessory retail uses
provided for the convenience of hotel quests when located within the hotel
structure(s).
Poinsettia Shores Master Plan permits a maximum of 150 executive suite hotel, a
maximum of five tennis courts and a maximum of 120,000 square feet of commercial
area which includes a 25,000 conference center.
3. Special Development Standards:
-Development shall comply with the standards of Carlsbad Municipal Code Title 21
(Zoning) Chapter 21.29 -C-T Commercial Tourist Zone, and all other zoning
standards not otherwise addressed by this Master Plan.
-Buildings within 100' of the Batiquitos Lagoon bluff shall be limited to 25' above
finished grade.
-The minimum parking requirement for hotel facilities is 1.2 spaces per hotel suite.
Oct. 19, 2021
Additional public areas including conference center banquet facilities and other
accessory uses require one space for each 100 square feet of gross floor area.
Item #5 Page 22 of 24
18. Amend Poinsettia Shores Master Plan Section XI.C Planning Area Development
Standards [for Planning Area H], as follows, cont.:
A 40-foot landscape setback shall be provided along the west side of the
planning area/east side of Carlsbad Boulevard; the width of the landscape
setback may be reduced due to site constraints or protection of environmental
resources. A meandering multi-use public path shall be provided within the
landscape setback.
All structures shall have a minimum setback of 40 feet from the NCTD Railroad
right of way. Allowable uses within this setback include streets, parking and
landscaping.
A public trail around the perimeter of the planning areas shall be provided. The
trail shall:
a. Provide public access to views of the lagoon and ocea!'),
b. Include interpretive signage and occasional seating.
c. Be designed to connect to the city's trail system.
Development of the site shall include internal public-gathering plazas and
walkways that provide pedestrian access to the commercial development to the
north and Carlsbad Boulevard.
A minimum 45 foot structural setback shall be observed from the south facing
lagoon bluff edge. Allowable uses within this setback include streets, parking
and landscaping. However, a greater setback may be required with review and
approval of specific development proposals in conjunction with review and
input by the California Department of Fish and Game for this planning area.
The distance between structures shall not be less than 10'.
A minimum of 10% of the required parking area, inclusive of driveways shall be
landscaped subject to approval of the Planning Director.
All buildings including accessory structures shall not cover more than 50% of the
area of the lot. Parking areas shall not be counted in determining lot coverage.
4. Design Criteria:
Oct. 19, 2021
All open parking areas shall be screened from adjacent roadways and structures,
through a combination of planting, berming and low walls.
Building structures and facilities shall be well integrated, oriented and related
to pedestrian scale.
Screening walls for storage spaces, loading areas and equipment shall be
architecturally integrated with surrounding building and design.
Building placement shall be designed to create opportunities for plazas or other
landscaped open spaces within the planning area.
Item #5 Page 23 of 24
18. Amend Poinsettia Shores Master Plan Section XI.C Planning Area Development
Standards [for Planning Area HJ, as follows, cont.:
In order to address potential visual impacts to the lagoon, specific architectural
standards or designs must be proposed concurrent with the review of a Site
Development Plan for this Planning Area. These development standards shall
address reduction of potential visual impacts through methods which may
include but are not limited to: use of varied roof heights adjacent to the lagoon
bluff-top setback area, height limitations adjacent to the lagoon bluff-top
setback area, etc.
5. Approval Process:
A Site Development Plan (processed per Carlsbad Municipal Code Chapter 21.06),
Coastal Development Permit (per Carlsbad Municipal Code Chapter 21.201), and
any other required permit associated with the development application, shall be
submitted and approved prior to the development of this planning area.
6. Environmental Mitigation Conditions
Prior to issuance of a grading permit for this planning area, an archaeologist shall be
retained by the developer for participation in a pre-grading conference and to
perform monitoring during grading operations where, and if, cultural resource sites
are located in this planning area. Compliance with the City's standard
paleontological mitigation is also required.
7. Other Special Conditions
Oct. 19, 2021
-This Planning Area is required to either 1) bond for frontage improvements on
Carlsbad Boulevard as specified in this Master Plan's circulation chapter on page
9, or 2) construct said improvements to the satisfaction of the City Engineer.
Construction of improvements may be financed through an assessment district,
subject to approval by the City of Carlsbad.
-The development of this planning area shall include a public access trail which
will be designed to link with the Master Plan's trail system . Trail improvements
must be installed and dedication of the trail shall be accepted by the City of
Carlsbad if the City agrees and it adopts a Citywide Trails Program that includes
provisions for maintenance and liability. Otherwise, prior to the issuance of any
building permits, the obligation for acceptance, construction, maintenance, and
liability shall be the responsibility of another agency designated by the City or
the responsibility of the Homeowners Association. Upon acceptance of the
dedication, including maintenance and liability responsibilities, and completion
of the trail improvements, the trail shall be open for public use.
Recordation of open space easements along the bluff and railroad right-of-way
shall occur upon recordation of the final map.
Item #5 Page 24 of 24
Attachment C
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
Date:
To:
From:
W16a
July 21, 2022
COMMISSIONERS AND INTERESTED PERSONS
STAFF
Subject: Request to Waive Time Limit for City of Carlsbad LCP Amendment No.
LCP-6-CAR-21-0087-3 (LCP Update) for the Commission Meeting of
August 10-12, 2022
On April 22, 2022, the City of Carlsbad Local Coastal Program (LCP) amendment #LCP-6-
CAR-21-0087-3 was filed in the San Diego District office. The amendment involves
replacing the Land Use Plans (LUPs) for five LCP segments with a single new LUP;
amending the Village and Barrio Master Plan and Poinsettia Shores Master Plan; and
amending land use and zoning designations for two parcels. The proposed amendment
will affect the certified LCP land use plan and implementation plan.
Pursuant to Section 30512 of the Coastal Act, the Commission must act on land use plan
amendments within 90 days of complete submittal or filing. Pursuant to Section 30513 of
the Coastal Act, the Commission must act on implementation plan amendments within 60
days of filing. Amendments containing both land use and implementation plan
components, must be acted upon by the Commission within 90 days of filing. Based on the
above-cited time limits, the proposed LCP amendment must be scheduled for review by
the Commission at the August 10-12, 2022 meeting. However, Section 30517 of the
Coastal Act and Section 13535(c) of the California Code of Regulations state that the
Commission may extend for good cause any applicable time limits for a period not to
exceed one year.
Commission staff is requesting the time extension due to insufficient staff time to
adequately review the amendment and prepare a recommendation. The proposed LCP
amendment is a comprehensive update that will require extensive review and coordination
among San Diego Coast District and statewide staff. Additionally, Commission staff is also
reviewing City of Carlsbad LCP Amendment Nos. LCP-6-Cll-21-0041-1 (West Oaks) and
LCP-6-Cll-22-0017-1 (Chick-fil-A). Given the scope of work, the volume of workload, and
operational constraints related to the current public health crisis, the requested time will
allow for Commission review and resolution of issues or scheduling conflicts that may
arise. The City has been consulted and has indicated the request for postponement is
acceptable. Therefore, staff recommends the Commission extend the 90-day time limit for
one year.
Carlsbad LCPA No. LCP-6-CAR-21-0087-3
PROCEDURE
MOTION:
I move that the Commission extend the 90-day time limit to act on the City of Carlsbad
LCP Amendment No. LCP-6-CAR-21-0087-3 for one year.
STAFF Rl;:COMMENDATION:
Staff recommends a YES vote. An affirmative vote of the majority of the Commissioners
present is needed to pass the motion.
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