2023-08-29; City Council; 05; Citywide Objective Design Standards for Multifamily Housing and Mixed-Use Development (ZCA 2020-0003, LCPA 2020-0007, PUB 2020-0004)

CA Review __RK__
Meeting Date:

To:

From:

Staff Contact:

Subject:

District:

Aug. 29, 2023
Mayor and City Council
Scott Chadwick, Cit y Manager
Shelley Glennon, Associate Planner
[email protected], 442-339-2605,
Citywide Objective Design Standards for Multifamily Housing and Mixed- Use Development (ZCA 2020-0003, LCPA 2020-0007, PUB 2020-0004) All
Recommended Action
That the City Council hold a public hearing and:

1. Introduce an ordinance amending Carlsbad Municipal Code, Title 21 Zoning, to add Chapter

21.88 and amend Chapter 21.45, to establish citywide objective design standards for multifamily housing and mixed-use development projects pursuant to Housing Element Program 1.11 (Exhibit 1).

2. Adopt a resolution approving a Local Coastal Program Amendment to update the Local Coastal Program Implementation Plan (Zoning Ordinance, Title 21 of the Carlsbad Municipal Code) to establish citywide objective design standards for multifamily housing and mixed-use development projects implementing Housing Element Program 1.11 (Exhibit 2).

3. Adopt a resolution amending City Council Policy No. 44 to achieve consistency with current state regulations that require objective design standards (Exhibit 3).

4. Adopt a resolution rescinding City Council Policy No. 66 to achieve consistency with current state regulations that require objective design standards (Exhibit 4).

Executive Summary
Every city in California is required to have a current Housing Element in its General Plan. The Housing Element is a state-required plan that provides an analysis of a community’s housing needs for all income levels, along with strategies to respond to and provide for those housing needs.

Among other things, there are policies, programs and objectives within the Housing Element that require the city to transition away from land use regulations and standards that are “subjective” and open to interpretation, to more “objective” standards that involve no personal or subjective judgment or interpretation by city staff, public officials or the general public and are uniformly understood and applied.

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Specifically, the Housing Element’s Program 1.11 requires the development of objective design standards for multifamily housing and mixed-use projects. This complies with recent changes in state housing laws intended to help expedite the approval process for these kinds of projects so they can be built more quickly.

The city has worked with the community to update the language and guidelines for design standards so they are considered “objective” and meet state requirements. These standards will not change the development standards on building heights, density or setbacks.

The proposed amendments to the Zoning Ordinance (Exhibit 1) and Local Coastal Program (Exhibit 2) establish the regulatory framework for these objective design standards and incorporates the Multifamily Housing and Mixed-Use Objective Design Standards Manual (Exhibit 5). The manual details the required objective standards involving site design, building design, mixed-use development, and utilitarian
1 development.

The Zoning Ordinance changes and design manual are intended to provide the public, building and design professionals, as well as decision-makers, with clear design direction that preserves an area’s unique character and sense of place while ensuring predictable and consistent application of established development standards, as required by state law. They also support the goal in the City Council’s Strategic Plan to maintain Carlsbad’s community character. By having enforceable design standards, the city can help ensure new multifamily and mixed-use projects built in Carlsbad fit with the city’s character.

To fully implement the program, staff are also recommending revisions to City Council Policy Statement No. 44 - Neighborhood Architectural Design Guidelines (Exhibits 3 and 7) and rescinding City Council Policy Statement No. 66 - Development of Livable Neighborhoods (Exhibits 4 and 5).

The proposed amendments will bring the Zoning Ordinance and the Local Coastal Program, the planning document for the Coastal Zone, into compliance with the Housing Element as well as with state law. Amending the Local Coastal Program would enable the proposed Zoning Ordinance amendment to also apply in the Coastal Zone. Because the Zoning Ordinance is part of the Local Coastal Program Implementation Plan, an amendment to the Zoning Ordinance also constitutes an amendment to the implementation plan.

These amendments are being presented to the City Council because such amendments to the Zoning Ordinance and the Local Coastal Program require the approval of the City Council under Carlsbad Municipal Code Section 21.52.050. In addition, City Council Policy No. 1 requires a City Council resolution that receives four affirmative votes for any amendment to or rescinding of a City Council Policy.

Failure to make these changes to these housing programs may result in the California Department of Housing and Community Development decertifying the city’s Housing Element, which would greatly limit the city’s ability to regulate the type and location of housing built in Carlsbad.
1 Utilitarian standards relate to the operational fixtures and structures of multifamily housing and mixed- use residential buildings.

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Explanation & Analysis
Background
In 2017, the Governor signed multiple housing bills to address the current state housing crisis, including:
• Senate Bill 35, which allow eligible projects to be approved through a streamlined ministerial approval process subject to objective regulatory standards and affordable housing requirements. (Ministerial describes a governmental decision that merely applies the law to the facts as presented without any special discretion or judgment.) • Senate Bill 330, which requires jurisdictions to streamline the approval process for qualified multifamily housing projects based on objective regulatory standards but does not require ministerial approval.
2 Put another way, state law prohibits a jurisdiction from denying applications for building permits filed under SB-35 or SB-330 based on standards or guidelines that are subjective in nature. (Additional information on these senate bills is available in the city Community Development Department informational bulletins, Exhibits 8 and 9).

While the city has not received any SB-35 applications, about five SB-330 applications have been submitted and are currently under review. While this is a relatively low number compared to the total number of applications being processed, staff anticipate that as developers become more aware of these state law allowances, there will be a growing trend throughout the region of more housing applications being submitted under the provisions of SB-330.

Additionally, the application of objective design standards and a streamlined ministerial approval process is also embedded in Housing Element law (Government Code Section 65589.5), which states that sites that are included in a jurisdiction’s Housing Element rezoning program are eligible for streamlined review if the development project provides a higher percentage of affordable housing – 20% – and doesn’t involve any other discretionary permits such as a subdivision or coastal development permit (Exhibit 10).

The City Council on April 6, 2021, adopted an update to Carlsbad’s Housing Element, consistent with the housing element law discussed above. It was certified by the State Department of Housing and Community Development on July 13, 2021.

As part of Housing Element Program 1.1, the City of Carlsbad proposed as to rezone sites to allow for residential uses by right. That means residential projects that conform to all zoning and building codes can be developed without the city’s discretionary approval as long as 20% of the proposed development is affordable to lower-income households, as required by Government Code sections 65583(c)(1) and 65583.2(h). Therefore, by-right development projects allowed under Program 1.1 would be eligible to apply the objective design standards.

The objective design standards would better ensure these by-right projects are compatible with the existing community character.

2 SB-35 is set to sunset on Jan. 1, 2026, and SB-330 is set to sunset on Jan. 1, 2034. However, there is a bill working its way through the legislature (SB-423) that would extend SB-35 indefinitely.

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With the anticipated increase in the number of SB 330 applications, coupled with the city’s affordable housing requirement for Housing Element rezoning sites discussed above, the need for citywide objective design standards for multifamily housing and mixed-use development are necessary to comply with state law.

Housing Element Program 1.11 commits the city to developing objective design standards that can be used in the review of eligible multifamily housing and mixed-use development projects as early as Oct. 13, 2023.

Subjective versus objective standards
Objective standards are standards that involve no subjective judgment by a public official and are uniformly verifiable by reference to an external benchmark or criterion available and knowable by the public.3 In contrast, subjective standards (or guidelines) require personal or subjective judgment by a public official, as these standards are poorly defined, unmeasurable and/or lack specificity needed to provide clear direction.

Below are examples of subjective and objective standards addressing light impacts:
“Site planning shall minimize, to the
greatest extent possible, light and noise
impacts to adjacent residences.”

This standard is subjective because it
is unmeasurable, thereby requiring
judgment by a public official.
“Vehicle parking areas shall be located,
oriented, and/or screened to prevent
visual intrusion of vehicle lights into
habitable residential spaces. Where
parking areas are located within 15 feet
of a residential unit, they shall be located
within a garage, carport, or parking
structure, or screened by a solid wall,
fence, or landscaping a minimum of six
feet in height.”

This standard is objective because it
provides clear direction for the
location of vehicle parking areas to
prevent light intrusion from vehicles
into residential units.

Proposed Citywide Objective Design Standards Manual
The City Council approved a professional services agreement with RRM Design Group in 2021, to be paid for with $185,000 in state grant funding, to complete Housing Element Program 1.11 (Exhibit 11). (A one-year extension was approved in 2022; it ends on Jan. 19, 2024.) Under that agreement, RRM Design Group has worked with city staff and the public for the past two years the consultant to develop an objective standards manual for multifamily and mixed- use developments that would replace the city’s existing subjective design guidelines.

3 See full definition in Government Code sections 65913.4 and 66300(a)(7) Aug. 29, 2023
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The following sections provide a summary of the more substantive elements of the guidelines and how they will be applied to eligible projects. (Refer to the section on Community Engagement for an overview of how the design guidelines were developed.) Purpose and structure
The objective design standards manual provides clear design direction that enhances an area’s unique character and sense of place, allows design flexibility, and promotes construction of new housing in the city by meeting the following goals:
• Strengthening the multifamily housing and mixed-use development design regulations • Ensuring multifamily housing and mixed-use development projects are designed to be compatible with the city’s existing community character that promotes a pedestrian scale and connectivity
• Assisting in the acceleration of residential construction for both affordable and market- rate projects
The manual implements this by establishing objective standards for:
• Site design, including pedestrian access, vehicle access, and common recreational space • Building design, including window treatment, building massing (its bulk and size), and building articulation (the design elements on the façade) • Mixed-use development design, including ground floor pedestrian scale and transparency (through the appropriate material and placement of windows and doors) • Utilitarian design, including equipment screening, trash enclosures and bicycle parking These design standards will be paired with existing objective development standards – such as those covering building height, density, and setbacks – in the city’s review of eligible development applications.

What it applies to
The citywide objective design standards will apply to eligible multifamily housing and mixed-use development projects that include two or more attached residential units, including:
• Townhomes
• Duplexes
• Condominiums
• Apartment complexes
• Mixed-use development projects with at least two thirds of the total project square footage designated for residential uses.

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The new standards will not apply to the following:
• Previously approved multifamily housing or mixed-use projects (unless modifications are proposed)
• Projects that are in process and deemed complete either through SB 330 or the Permit Streamlining Act4 prior to the new standards becoming effective • Single-family residential developments
• Accessory dwelling units
• Multifamily or mixed-use projects requiring an amendment to the General Plan or rezoning
• Non-residential developments such as commercial, industrial or office sites The Citywide Objective Design Standards Manual applies to all eligible multifamily housing and mixed-use development projects within the city boundaries except for the Village & Barrio Master Plan area. In keeping with the City Council’s direction, staff are also proposing a separate set of objective design standards for the Village & Barrio Master Plan area, which is on the City Council agenda along with this presentation.

Waivers
Recognizing that the not all development projects are the same, the proposed standards manual include flexibility in the form of waivers. If an applicant is unable to comply with required objective design standards, they may request up to four waivers that will allow developers to deviate from strict adherence to the standard. The manual includes the process to request a waiver and the findings that must be made before the decision-maker can authorize it. This waiver process is recommended by the state Housing and Community Development Department and is independent of and in addition to the waiver process authorized under state density bonus law.
5 Proposed regulatory framework
To implement the design manual, certain city regulations and policies must be amended and updated, as summarized below.

Zoning Ordinance amendment
Making these changes requires adding a chapter to the Zoning Ordinance: Chapter 21.88:

Multifamily Housing and Mixed-Use Development – Objective Design Standards. This requires an amendment to the Zoning Ordinance under Chapter 21.52 The new chapter will also codify the proposed Multifamily Housing and Mixed-Use Development Objective Design Standards Manual (Exhibits 5 and 6) by incorporating it by reference, which means it is being incorporated into the text of the city’s Municipal Code with a statement that the manual should be treated as if contained within the city’s code. By having a manual that lives outside of the municipal code

4 The Permit Streamlining Act, California Government Code Section 65920, was enacted in 1977 to expedite the processing of permits for development projects by imposing time limits within which state and local government agencies must either approve or disapprove permits.
5 Originally enacted in 1979, California's Density Bonus Law, Government Code Sections 65915 – 65918, allows a developer to increase density on a property above the maximum set under a jurisdiction's General Plan land use plan.

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allows for the incorporation of more graphics and visuals than is possible in the typical format of a Zoning Ordinance chapter.

Local Coastal Program amendment
The proposed changes also require an amendment to the Local Coastal Program because they are amending the Zoning Ordinance, which is the city’s Local Coastal Program Implementation Plan. Proposed amendments to the Local Coastal Program Implementation Plan must be reviewed for consistency with the city’s Local Coastal Program, including all applicable goals and policies, in accordance with the California Coastal Act.

City Council Policy No. 44 - Neighborhood Architectural Design Guidelines City Council Policy No. 44, adopted in 1989, established “neighborhood architectural design guidelines” for new single-family and two-family residential projects of two or more homes to ensure a variety of architectural elements are incorporated into these residential development projects.

This policy was developed during a period when planned development projects were being created without architectural guidelines, creating “cookie cutter” residential tract homes with little to no architectural design elements. The guidelines address architectural features traditionally associated with detached single family building types, although the policy language is silent regarding detached or attached units.

Most of these existing guidelines are objective, so they can still be applied to eligible projects.

However, to prevent confusion with design standards intended for attached multifamily and mixed-use building types — such as the proposed Citywide Objective Design Standards manual — staff recommend amending City Council Policy 44 to specify it is applicable only to detached, or freestanding, residential projects of two or more units.

Staff also recommend City Council Policy 44 be amended to replace the few existing subjective guidelines with objective standards, which would provide developers with clear direction for projects subject to this policy (Exhibit 3 - Attachment “A”).

City Council action on City Council Policy Statement No. 44 is independent of the action on the Citywide Objective Design Standards manual and staff recommends this amendment whether or not the City Council approves the Citywide Objective Design Standards manual.

City Council Policy No. 66
– Livable Neighborhoods
City Council Policy No. 66, adopted in 2001, established various principles and guidelines for the development of new “livable neighborhoods.” This policy was developed during a period when larger new master planned developments were being created and guidance was needed to help ensure community developments had interconnected street designs, pedestrian walkways, landscaped parkways and building facades that created “interest and character.” All the guidelines in this policy are written in a subjective manner and open to interpretation.

Additionally, most of the remaining areas of the city where growth is likely to occur are not large enough to require a master plan that would be subject to this policy. In fact, most housing development is anticipated to be bult on smaller infill development sites. Because of this, staff recommend that the policy be rescinded (Exhibit 4) and that the reference to City Council Policy No. 66 be removed from Carlsbad Municipal Code Title 21 Chapter 21.45 - Planned Development. (Exhibit 1)
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City Council action on City Council Policy No. 66 is independent of the action on the Citywide Objective Design Standards manual, and staff recommends it be revoked whether or not the City Council approves the Citywide Objective Design Standards Manual.

Co mmunity Engagement
The city maintained a steady stream of information about the development of the objective design standards and opportunities for public involvement. Community engagement efforts included the following activities:
• A dedicated webpage was published and updated throughout the project with information about the project, input opportunities, timeline, commonly asked questions and links to relevant documents. It also included a link to allow community members to sign up for email updates. The public was made aware of the webpage through information shared in the weekly City Manager’s Update e-newsletter, social media, news releases and other email newsletters.
• The draft citywide objective design standards were made available for public review for 30 days from May 18 to June 19, 2023, concurrent with the Village and Barrio Objective Design Standards. The public review period was promoted through a news release to local media, the city website, e-newsletters and emails to interested stakeholders, and social media. Paper copies of the draft design standards were made available at the two city libraries, The City Clerk’s Office and Faraday Administration building at the Planning Division front counter.
• During the public review period, staff hosted an informational webinar on June 8, 2023, to present the draft citywide objective design guidelines and answer questions from the community. The webinar and availability of the draft standards for public review was promoted through e-newsletters emailed to approximately 15,000 community members and social media posts that reached more than 6,400 individuals. Approximately 40 people registered for the webinar and a total of 15 people attended. • Staff reached out to several developers who are currently or have previously submitted applications for multifamily housing or mixed-use development projects within the City of Carlsbad to provide them with an opportunity to provide feedback on the proposed project. On June 8, 2023, staff met with two representatives from the development community to receive and discuss their input on the draft citywide objective design guidelines.
• Comments and questions were provided to staff from both the meeting with developers and project webinar. Only one comment letter was received during the public review period (Exhibit 15). The public comments received were minimal and were generally about the feasibility of the proposed standards. A question was brought up at the stakeholder meeting regarding the application of City Council Policy 44 and 66 which we address in the proposed regulatory framework section in this staff report (Exhibits 3, 4 and 7). Project issues raised during the review process have been addressed through minor modifications to the draft manual (Exhibit 6)
• A public notice of the proposed Local Coastal Program amendment was published on Friday, May 26, 2023, in the San Diego Union-Tribune and the Coast News in accordance with Carlsbad Municipal Code Title 21 Section 21.54.060 - Notices of applications and Aug. 29, 2023
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hearings. A state-mandated six-week notice of availability period was required for the proposed Local Coastal Program amendment which ended July 7, 2023. No comments addressing the proposed amendment were received.

Benefits and state restrictions
The proposed objective design standards will help maintain the community character in keeping with the city’s strategic goal and strengthen local control over the design of future multifamily and mixed-use projects. It will also give developers of applicable projects clear design direction, saving them time and expense in the permitting process.

By not approving the proposed citywide objective design standards, the city would not be in compliance with Housing Element Program 1.11 -Objective design standards. Additionally, the city would not be following the guidelines of the state grant that it used to pay for the development of the objective design standards. A breach of the grant agreement can result in disqualifying the city from being eligible for future grant funds from the state, revoking the grant award, requiring the return of unexpended grant funds, and other remedies available at law or by and through the grant agreement.

Assembly Bill 72, which passed in 2017, authorized the state Housing and Community Development Department to review “any action or failure to act” by a city that it determines “inconsistent” with the city’s adopted housing element or Government Code Section 65583 (part of the Housing Element Law), including any failure to implement any programs included in the jurisdiction’s housing element.

If Housing and Community Development determines that the city’s action or failure to act does not “substantially comply” with the state Housing Element Law, or the city’s adopted Housing Element as certified by the state, then HCD may revoke that certification until it determines that the city has come into compliance.

In carrying out this exercise, HCD may “consult with any local government, public agency, group, or person, and shall receive and consider any written comments from any public agency, group, or person.” Once HCD supplies its written findings to the city, a 30-day timeline begins, by the conclusion of which the city must respond to the findings.

Additionally, the department may also notify the California Office of the Attorney General that the city is in violation of state law for further action. It may also decertify a jurisdiction’s housing element if it finds that a city has taken or failed to take action in violation of the state Housing Accountability Act, or the state’s prohibition on discrimination against affordable housing found in Government Code Section 65008.

Should Housing and Community Development decertify a city’s housing element, the city is then subject to Government Code section 65589.5(d)(5), known as the "builder's remedy." This is a provision of California's Housing Accountability Act that prevents jurisdictions without a substantially compliant housing element from denying approval for certain housing projects, even if such projects do not comply with the jurisdiction's zoning ordinance or general plan.

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Planning Commission recommendation
The Planning Commission reviewed the proposed project on July 19, 2023, and adopted Resolution No. 7489, recommending the City Council adopt an ordinance approving an amendment to the Zoning Ordinance and adopt a City Council resolution approving a Local Coastal Program amendment to approve the Citywide objective design standards project (7-0-0; exhibits 12 through 14).

Overall, the Planning Commission concurred with staff that the citywide objective design standards project is necessary to comply with current state and local regulations and had no issues with the proposed objective design standards.

Fiscal Analysis
There is no anticipated fiscal impact from this item.

Next Steps
Following the City Council’s introduction of the ordinance, it will be scheduled at the City Council’s next meeting for adoption, tentatively on Sept. 12, 2023. Thirty days following adoption of the ordinance, amendments to Title 21 of the Carlsbad Municipal Code will become effective outside of the Coastal Zone.

The amendment will become effective within the Coastal Zone when the California Coastal Commission approves the Local Coastal Program amendment. Staff will submit an application to the California Coastal Commission for a Local Coastal Program Amendment following the City Council’s adoption of the ordinance.

Environmental Evaluation
The City Planner determined that this project is exempt from the California Environmental Quality Act under CEQA’s common sense exemption, Section 15061(b)(3), which applies to projects which clearly do have the potential for causing a significant effect on the environment.

It can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the CEQA Guidelines and Chapter 19.04 of the Municipal Code do not apply to this project.

A notice of intended decision regarding the environmental determination was advertised on June 28, 2023, and posted on the city’s website, no appeal to this decision was filed.

Exhibits

1. City Council ordinance (Zoning Ordinance)

2. City Council resolution (Local Coastal Program Amendment)

3. City Council resolution (Amending City Council Policy No. 44)

4. City Council resolution (Rescinding City Council Policy No. 66)

5. Carlsbad Municipal Code Title 21 showing proposed revisions

6. Multifamily Housing Objective Design Standards Manual

7. Draft City Council Policy 44 showing proposed revisions

8. Community Development Department Informational Bulletin IB-135

9. Informational Bulletin IB-132

10. City Council Resolution No. 2021-073 adopting Housing Element (on file in the Office of the City Clerk)
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11. City Council Resolution No. 2021-023 approving scope of services with RRM Design Group (on file in the Office of the City Clerk)

12. Planning Commission staff report, dated July 19, 2023 (on file in the Office of the City Clerk)

13. Planning Commission Resolution No. 7489 (on file in the Office of the City Clerk)

14. Planning Commission minutes, dated July 19, 2023 (on file in the Office of the City Clerk)

15. Public comment letter
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ORDINANCE NO. CS-457

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE, TITLE 21 ZONING, TO ADD CHAPTER 21.88 AND AMEND CHAPTER 21.45, TO ESTABLISH CITYWIDE OBJECTIVE DESIGN STANDARDS FOR MULTIFAMILY HOUSING AND MIXED

USE DEVELOPMENT PROJECTS PURSUANT TO HOUSING ELEMENT PROGRAM

1.11 CASE NAME: CITYWIDE OBJECTIVE DESIGN STANDARDS
CASE NO: ZCA 2020-0003, LCPA 2020-0007, PUB 2020-0004
WHEREAS, Section 65589.5 of the California Government Code requires cities and counties approve or deny eligible housing development projects based on objective regulatory standards; and WHEREAS, Senate Bill 35 and Senate Bill 330 were signed into law, which amended state law to incentivize the construction of housing development projects through a streamlined permit review process; and
WHEREAS, the above legislative bills took effect between 2017-2019, and existing subjective design standards and guidelines are no longer enforceable for eligible housing development projects; and
WHEREAS, the city's Housing Ele.ment Program 1.11 adopted in 2021 requires the city to develop objective design standards for multifamily housing and mixed-use development projects; and WHEREAS, the City Planner has prepared an amendment to the Zoning Ordinance (ZCA 2020- 0003) and the Local Coastal Program (LCPA 2020-0007) pursuant to Chapter 21.52 of the Carlsbad Municipal Code, Section 30514 of the Public Resources Code, and Section 13551 of California Code of Regulations Title 14, Division 5.5; and
WHEREAS, on July 6, 2023, the Airport Land Use Commission reviewed and found that the proposed Zone Code Amendment is consistent with the adopted San Diego County McClellan-Palomar Airport Land Use Compatibility Plan; and
WHEREAS, on July 19, 2023, the Planning Commission held a duly noticed public hearing as prescribed by law to consider AMEND 2021-0008/ LCPA 2023-0016; and WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7489 recommending the City Council introduce an ordinance approving an amendment to the Zoning Ordinance, to approve ZCA 2020-0003/ LCPA 2020-0007; and Exhibit 1
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WHEREAS, the Multifamily Housing and Mixed-Use Development Objective Design Standards Manual, on file in the Planning Division, and incorporated herein by this reference, establishes reasonable, uniform, and comprehensive standards and procedures for multifamily housing and mixed use residential development projects; and
WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider ZCA 2020-0003/ LCPA 2020-0007; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors, including written public comments, if any, related to ZCA 2020-0003/ LCPA 2020-0007.

NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain that:

1. The above recitations are true and correct.

2. The findings of the Planning Commission in Planning Commission Resolution No. 7489 shall also constitute the findings of the City Council.

3. That the Carlsbad Municipal Code, Title 21 Zoning is hereby amended to include a new Chapter 21.88: Multifamily Housing and Mixed-Use Development Objective Design Standards as follows:

CHAPTER 21.88: MULTIFAMILY HOUSING AND MIXED-USE DEVELOPMENT - OBJECTIVE DESIGN

STANDARDS
Contents:

21.88.010 Purpose and Intent

21.88.020 Eligibility

21.88.030 Additional Provisions

21.88.040 Incorporation of the Multifamily Housing and Mixed-Use Development Objective Design Standards Manual by Reference

21.88.050 Severability
The purpose of the objective design standards of this chapter is to provide the public, building and design professionals, and decision-makers with objective criteria for eligible new residential and mixed-use development in the city. The intent is to provide clear design direction that enhances an area's unique character and sense of place, allows design flexibility, and promotes construction of new housing in the city.

21.88.020 Eligibility
A. The following sections provides objective design standards required for use in the review of "developments" governed by California Government Code Section 65913.4 (Streamlined Ministerial Approval Process) and "housing development projects" as governed by California Government Code Section 65589.5 (Housing Accountability Act). These sections detail the review processes required for projects that provide, generally, either affordable or market rate multifamily housing development projects with at least two units or mixed-use development projects with at least two thirds square Aug. 29, 2023 Item #5 Page 13 of 94
footage designated for residential uses. For full eligibility criteria, see the California Government Code sections listed above or the city's development application materials.

B. These objective design standards are intended to apply exclusively to multifamily and mixed-use residential developments that consist of at least two attached dwelling units. These objective design standards do not apply to any other land development type, including a detached dwelling unit.

Developments proposing detached dwelling unit product types or any other land development types are subject to the applicable objective standards found in other relevant regulatory documents and sections of code.

C. Modification or expansion of an existing conforming structure used for multifamily housing or mixed-use development that includes attached units is also eligible to use applicable standards of the Multifamily Housing and Mixed-Use Development Objective Design Standards Manual.

21.88.030 Additional Provisions
A. Other Applicable Objective Standards. Eligible projects must comply with all other objective standards in the Carlsbad Municipal Code for topics on which Chapter 21.88 is silent.

B. Waivers. A project applicant may request up to four (4) waivers to the applicable objective design standards provided in the Multifamily Housing and Mixed-Use Development Objective Design Standards Manual without the requirement for an additional application. The waiver process set forth in this section is a separate process from the concessions/incentives and waiver process pursuant to Density Bonus Law (Govt Code Section 65915) and/or other applicable state laws.

However, if the state density bonus concession/incentive or waiver is for an objective design standard in Section 21.88.030, it would be counted as one (1) of the four (4) allowed waivers under this section.

1. The request must be made in writing as part of the application for the proposed project. The written justification for a waiver(s) must identify the design standard(s) that is requested to be waived and how the request meets the waiver findings listed below.

2. Waiver Findings. The decision maker will consider the request and information provided and make findings to approve or deny the request. A waiver shall be granted only if all the following findings are made:
a. The proposed project meets the intent of the design standard under consideration, or a similar design standard is implemented in substitution. b. The project meets the allowed density with the proposed waiver(s).

C. Conflicting Standards. It is the intent of these objective design standards that all qualifying building and construction projects to the exterior of a building achieve design conformance with the objective standards provided in this document. If there is any conflict between these objective design standards and other applicable standards, the standards provided in the Multifamily Housing and Mixed-Use Development Objective Design Standards Manual shall prevail. Exception: The objective design standards specified in the applicable master plan or specific plan shall prevail if such standards conflict with the standards of the Multifamily Housing and Mixed-Use Development Objective Design Standards Manual.

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21.88.040 Incorporation of the Multifamily Housing and Mixed-Use Objective Design Standards Manual by Reference
The City of Carlsbad's Multifamily Housing and Mixed-Use Development Objective Design Standards Manual is incorporated by reference into this chapter.

21.88.050 Severability
Should any section, subsection, sentence, clause, or phrase of the ordinance codified in this chapter be held for any reason to be invalid or unconditional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. The City Council declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause, and phrase thereof irrespective of the fact that any part thereof be declared invalid or unconditional.

4. CMC Section 21.45.070 Table D is amended to delete the first table row and update Table D reference numbers once it is removed:

D.1 Livable Must comply with city council Policy 66, Principles for the Neighborhood Development of Livable Neighborhoods
Policy

5. CMC Section 21.45.080 Table Ei s amended to delete the first table row and update Table E reference numbers once it is removed:

E.1 Livable Must comply with city council Policy 66, Principles for the Neighborhood Development of Livable Neighborhoods
Policy

6. Proposed CMC Section 21.88.040 incorporates by reference the Multifamily Housing and Mixed-Use Development Objective Design Standards Manual on file in the Planning Division and incorporated herein by reference is approved.

EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES OUSTIDE THE COASTAL ZONE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance, or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.

Aug. 29, 2023 Item #5 Page 15 of 94
EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES WITHIN THE COASTAL ZONE:

This ordinance shall be effective thirty days after its adoption or upon Coastal Commission approval of LCPA 2020-0007, whichever occurs later; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.

INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 29th day of August, 2023, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the_ day of ___ _, 2023, by the following vote, to wit:

AYES:

NAYS:

ABSTAIN:

ABSENT:

APPROVED AS TO FORM AND LEGALITY:

CINDIE K. McMAHON, City Attorney
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Aug. 29, 2023 Item #5 Page 16 of 94
RESOLUTION NO. 2023-228

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,

CALIFORNIA, APPROVING A LOCAL COASTAL PROGRAM AMENDMENT TO

UPDATE THE LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN (ZONING ORDINANCE, TITLE 21 OF THE CARLSBAD MUNICIPAL CODE) TO ESTABLISH

CITYWIDE OBJECTIVE DESIGN STANDARDS FOR MULTIFAMILY HOUSING AND

MIXED-USE DEVELOPMENT PROJECTS IMPLEMENTING HOUSING ELEMENT PROGRAM 1.11
CASE NAME: CITYWIDE OBJECTIVE DESIGN STANDARDS
CASE NO: ZCA 2020-0003, LCPA 2020-0007, PUB 2020-0004
WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to the provisions of the Municipal Code, the Planning Commission did, on July 19, 2023, hold a duly noticed public hearing as prescribed by law to consider Planning Commission Resolution 7489, recommending approval of Local Coastal Program Amendment LCPA 2020-0007; and the Planning Commission adopted Planning Commission Resolution 7489 recommending to the City Council that LCPA 2020-0003 be approved; and
WHEREAS, the City Council, on Aug. 29, 2023, held a duly noticed public hearing to consider LCPA 2023-0016 as recommended by the Planning Commission; and WHEREAS, pursuant to California Coastal Commission regulations, a six-week notice of availability period for LCPA 2023-0017 began on May 26, 2023, and ended on July 7, 2023; no comments were received during the six-week period; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to LCPA 2020- 0007.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:

1. That the above recitations are true and correct.

2. That the recommendation of the Planning Commission for approval of LCPA 2020-0007 to amend the Carlsbad Local Coastal Program Implementation Plan is approved, and the findings of the Planning Commission contained in Planning Commission Resolution No. 7489, on file with the City Clerk and incorporated herein by reference, are the findings of the City Council.

Exhibit 2
Aug. 29, 2023 Item #5 Page 17 of 94

3. This action is final the date this resolution is adopted by the City Council. The provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review," shall apply:
"NOTICE"
The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chanter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the 90th day following the date on which this decision becomes final; however, if within 10 days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the 30th day following the date on which the record is either personally delivered or mailed to the party, or the party's attorney of record, if the party has one. A written request for the preparation of the record of proceedings shall be filed with the Office of the City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 29th day of August, 2023, by the following vote, to wit:

AYES:

NAYS:

ABSTAIN:

ABSENT:

Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.

None.

None.
l�
KEITH BLACKBURN, Mayor
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-� SHERRY FREISINGER, City Clerk
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Aug. 29, 2023 Item #5 Page 18 of 94
RESOLUTION NO. 2023-229

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CITY COUNCIL POLICY NO. 44 TO ACHIEVE

CONSISTENCY WITH CURRENT STATE REGULATIONS THAT REQUIRE

OBJECTIVE DESIGN STANDARDS
CASE NAME: CITYWIDE OBJECTIVE DESIGN STANDARDS
CASE NO: ZCA 2020-0003, LCPA 2020-0007, PUB 2020-0004
WHEREAS, Section 65589.5 of the California Government Code requires cities and counties approve or deny eligible housing development projects based on objective regulatory standards; and WHEREAS, given the rapid and substantial changes in applicable law, public agencies are required to study these changes and develop appropriate responses as to not suffer the significant adverse consequences for noncompliance; and
WHEREAS the City Council has determined amending City Council Policy No. 44 "Neighborhood Architectural Design Guidelines" to not apply to projects that are eligible to utilize the Citywide Objective Design Standards Manual and CMC Chapter 21.88 and to update its existing subjective guidelines to be objective guidelines, is desirable for consistency with current state regulations and to not conflict with the Citywide Objective Design Standards Manual and CMC Chapter 21.88; and WHEREAS, the City Council Policy No. 44, attached hereto as Attachment "A" and incorporated herein by this reference, establishes reasonable, uniform, and comprehensive standards and procedures for residential development projects consisting of single-family projects of 2 or more detached homes; and
WHEREAS, on Aug. 29, 2023 the City Council considered this Resolution, at which the City Council received, reviewed and evaluated the staff report, written and oral testimony from the public and other information in the record.

Exhibit 3
Aug. 29, 2023 Item #5 Page 19 of 94
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:

1. That the above recitations are true and correct.

2. That the proposed amendments to City Council Policy No. 44, attached hereto as Attachment "A" are approved.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 29th day of August, 2023, by the following vote, to wit:

AYES:

NAYS:

ABSTAIN:

ABSENT:

Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.

None.

None.
-tr
l�
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
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City Council

POLICY STATEMENT
Policy No.

Date Issued
44 Aug.29, 2023
Resolution No. 2023-229
Subject: NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES
Purpose
The purpose and intent of the architectural guidelines is to ensure that a variety of architectural elements are incorporated into certain single-family homes so that they: a) are visually interesting, b) have sufficient building articulation to reduce their bulk and mass, c) are in scale to their lot size, and d) strongly contribute to the creation of livable neighborhoods.

Background
City Council Policy Statement No. 44 was first adopted in 1989 to establish architectural design guidelines for the development of livable neighborhoods. It was subsequently amended in 1997, 2001, 2006 and 2023 - most recently to conform with state requirements related to objective design standards.

Statement of policy
This policy is applicable for the following types of residential development projects:
• A new individual single-family home or remodel shall not be subject to these architectural guidelines.
• New single-family residential projects of 2-4 detached homes shall comply with architectural guidelines 1, 2, 3, 4, 9,10, 11, 13, 14, 15, 16, 17 and 18 (regardless of stated percentages).
• New single-family residential projects of 5 or more detached homes shall comply with all of the architectural guidelines.

Procedure
• Applicants for discretionary project applications shall design projects/homes so that they comply with the guidelines. Each applicant shall provide documentation demonstrating compliance with this policy concurrent with the submittal of development permit applications.

If an applicant wishes to propose an architectural style that complies with the Purpose and Intent of this policy and yet cannot comply with the requirements of the guidelines, the applicant may request up to four deviations from any one of the architectural guidelines to achieve an architectural design or style of equally superior quality. All such requests shall be fully justified specifying how the Purpose and Intent of this policy is being achieved.

Aug. 29, 2023 Item #5 Page 21 of 94
Attachment A
City Council Policy Statement 44
Aug.29,2023

Page 2 ends

• Staff shall review projects for compliance with the guidelines and provide recommendations to the decision-makers regarding:
o Project compliance with the policy;
o Whether or not any requested deviations are justified; and, o Whether or not the purpose and intent of the policy would still be achieved if a deviation is granted.
• Decision-makers shall determine, on a case-by-case basis, whether the project complies with the intent of the policy to create livable neighborhoods.

ARCHITECTURAL GUIDELINES:

Floor Plans and Elevations

1. All residential projects shall be required to have a minimum number of different floor plans, different front and corresponding matching rear elevations with different color schemes as identified below:
• 2-4 dwelling units shall provide 1 floor plan and 2 different elevations. • 5-12 dwelling units shall provide 2 different floor plans and 2 different elevations.
• 13-20 dwelling units shall provide 2 different floor plans and 3 different elevations.
• 21+ dwelling units shall provide 3 different floor plans and 3 different elevations.

2. All elevations of a house, including front, side and rear, shall be articulated with the same design integrity of forms using common architectural details and materials.

3. Design details shall reinforce and enhance the architectural form of every house but each house using the same floor plan shall differ in elevation. A minimum of 4 complimentary design details, including but not limited to those listed below, shall be incorporated into each of the front, rear and street side building facade(s) of the house.

DESIGN DETAILS
• Balconies
• Decorative eaves and fascia
• Exposed roof rafter tails
• Arched elements
• Towers
• Knee braces
• Dormers
• Columns
• Exterior wood elements
• Accent materials (i.e.; brick, stone, shingles, wood or siding) Aug. 29, 2023 Item #5 Page 22 of 94
City Council Policy Statement 44
Aug.29,2023

Page 3 ends

4. Floor plans in a project shall exhibit a variety of roof ridges and roof heights within a neighborhood.

Site Planning

5. Houses with both the same floor plan and elevation style shall not occur on adjacent lots.

6. Reverse floor plans shall be included where possible to add variety to the street scene.

Single Story Requirements

7. A minimum of 15% of the total number of homes shall be single-story structures.

Single-story is defined as a maximum plate-line of 15 feet and a maximum building height of 20 feet. Lofts are permitted subject to CMC Section 21.04.330. or
A minimum of 10% of the total number of homes shall be single-story structures and 15% shall be reduced second story structures. A reduced second story structure shall comply with the following criteria:
• A minimum of 60% of the roofline shall be single story; • A 2-story element may be added in the central portion of the front and rear elevation; and
• The second story element may be no greater than 25% of the floor area of the first floor of the house (including garage).
or
For alley-loaded product, a minimum of 20% of the homes shall be single-story for the front 20% of the home (overall depth of house times 20%).

8. A maximum of 20% of the total number of homes are exempt from the requirement to have a single-story building edge.

9. The remaining total number of homes shall comply with one of the following guidelines:
• The home shall have a single-story building edge with a depth of not less than 8 feet and shall run the length of the building along one side except for tower elements. The roof covering the single-story element shall incorporate a separate roof plane and shall be substantially lower than the roof for the two story element. Porches and porte-cochere elements shall qualify as a single story edge. Houses with courtyards that are a minimum of 15 feet wide located along the side of the house and setback a minimum of 15 feet from the property line are not required to have a single-story building edge.

Aug. 29, 2023 Item #5 Page 23 of 94
City Council Policy Statement 44
Aug.29,2023

Page 4 ends

• The home shall have a single-story building edge with a depth of not less than 5 feet and shall run the length of the building along one side. The roof of the single-story element shall be substantially lower than the roof for the two-story element of the building.
• The home shall have a single-story building edge with a depth of not less than 3 feet for 40% of the perimeter of the building.

Multiple Building Planes

10. For at least 66% of the homes in a project, there shall be at least 3 separate building planes on street side elevations of lots with 45 feet of street frontage or less and 4 separate building planes on street side elevations of lots with a street frontage greater than 45 feet. Balconies and covered porches qualify as a building plane.

The minimum offset in planes shall be 18 inches and shall include, but not be limited to, building walls, windows, porches and roofs. The minimum depth between the faces of the forward-most plane and the rear plane on the front elevation shall be 10 feet. A plane must be a minimum of 30 sq. ft. to receive credit under this section.

11. Rear elevations shall adhere to the same criteria outlined in Number 10 above for front elevations except that the minimum depth between front and back planes on the rear elevation shall be 4 feet. Rear balconies qualify as a building plane.

12. For at least 66% of the homes in a project, one side elevation shall have sufficient offsets or cutouts so that the side yard setback averages a minimum of 8.5 feet.

Windows/Doors

13. At least 66% of exterior openings (door/windows) on every home in the project shall be recessed or projected a minimum of 2 inches and shall be constructed with wood, vinyl or colored aluminum window frames (no mill finishes).

14. Windows shall reinforce and enhance the architectural form and style of the house through, the use of signature windows and varied window shapes and sizes.

Front Porches

15. Fifty percent (50%) of the homes shall be designed with a covered front porch, open courtyard, or balcony (each with a minimum depth of 6 feet and a minimum area of 60 square feet) located at the front of the dwelling. The minimum depth for a covered front porch shall be measured from the front facade of the home to the inside of any Aug. 29, 2023 Item #5 Page 24 of 94
City Council Policy Statement 44
Aug.29,2023

Page 5 ends

supporting porch posts. The front and sides of porches shall be open except for required and/or ornamental guardrails. A variety of roof elements shall be provided over porches. Porches may not be converted to living space.

Front Entries

16. Seventy-five percent (75%) of the homes must have a front entry to the home that is clearly visible from the street. Walkways from the front door shall connect directly to public sidewalks, private driveways and/or to other pedestrian walkways.

Chimneys

17. Chimneys and chimney caps shall be in scale with the size of the home and shall either be painted the same color as the exterior wall or constructed with the same materials present on other accents or elements of the fa�ade. No more than 2 chimneys shall be allowed for homes on lots in planned developments having an area less than 7,500 square feet.

Garage Doors

18. Garage doors for 3 or 4 cars in a row that directly face the street must have a minimum of an 18" plane change between the garage doors after the 2 car garage door.

Note #1: Fractional units of 0.5 or greater shall be rounded up to the next whole number and located in a manner to achieve the best project design as determined by the project planner. When a percentage of units are described in the guidelines, the intent is to have that percentage spread throughout the entire project.

Aug. 29, 2023 Item #5 Page 25 of 94
RESOLUTION NO. 2023-230

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RESCINDING CITY COUNCIL POLICY NO. 66 TO ACHIEVE

CONSISTENCY WITH CURRENT STATE REGULATIONS THAT REQUIRE

OBJECTIVE DESIGN STANDARDS
CASE NAME: CITYWIDE OBJECTIVE DESIGN STANDARDS
CASE NO: ZCA 2020-0003, LCPA 2020-0007, PUB 2020-0004
WHEREAS, Section 65589.5 of the California Government Code requires cities and counties approve or deny eligible housing development projects based on objective regulatory standards; and WHEREAS, given the rapid and substantial changes in applicable law, public agencies are required to study these changes and develop appropriate responses as to not suffer the significant adverse consequences for noncompliance; and
WHEREAS the City Council has determined rescinding City Council Policy No. 66 "Development of Livable Neighborhoods," is desirable for consistency with state regulations since this policy only provides subjective language that cannot be enforced for eligible projects pursuant to Section 65589.5 of the California Government Code and is replaceable with the Citywide Objective Design Standards Manual, CMC Chapter 21.88, City Council Policy No. 44 and/or other applicable Master Plan/Specific Plan design standards; and
WHEREAS, the City Council of the City of Carlsbad, California has determined that rescinding City Council Policy No. 66, is necessary as the Policy is not consistent with current state regulations requiring eligible projects to be approved or denied based on objective regulatory standards since it only provides subjective principles; and
WHEREAS, on Aug. 29, 2023 the City Council considered this Resolution, at which the City Council received, reviewed and evaluated the staff report, written and oral testimony from the public and other information in the record.

Exhibit 4
Aug. 29, 2023 Item #5 Page 26 of 94
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:

1. That the above recitations are true and correct.

2. That City Council Policy No. 66 is hereby rescinded.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 29th day of August, 2023, by the following vote, to wit:

AYES:

NAYS:

ABSTAIN:

ABSENT:

Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.

None.

KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
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Aug. 29, 2023 Item #5 Page 27 of 94
•

Page 1 ends

Exhibit 5
ZCA 2020-00 03, LCPA 2020-0007, PUB 2020-0004 - Citywide Objective Design Standards for Multifamily Housing and Mixed-Use Development
Proposed amendments to Zoning Ordinance - Title 21 of the Carlsbad Municipal Code (CMC):

1. C MC Section 21.45.070 Table D is amended to delete the first table row and update Table D reference numbers once it is removed:

D.1 Livable
Neighborhood
Policy
Must comply with city council Policy 66, Principles for the Development of Livable Neighborhoods

2. CM
C Section 21.45.080 Table E is amended to delete the first table row and update Table E reference numbers once it is removed:

E.1 Livable
Neighborhood
Policy
Must comply with city council Policy 66, Principles for the Development of Livable Neighborhoods

3. CM
C Chapter 21.88 is added as shown below:

CHAPTER 21.88: MULTIFAMILY HOUSING AND MIXED-

USE DEVELOPMENT - OBJECTIVE DESIGN

STANDARDS
Contents:

21.88.010 Purpose and Intent

21.88.020 Eligibility

21.88.030 Additional Provisions

21.88.040 Incorporation of the Multifamily Housing and Mixed-Use Development Objective Design Standards Manual by Reference

21.88.050 Severability

21.88.010 Purpose and Intent
The purpose of the objective design standards of this chapter is to provide the public, building and design professionals, and decision- makers with objective criteria for eligible new residential and mixed- use development in the city. The intent is to provide clear design direction that enhances an area’s unique character and sense of place, allows design flexibility, and promotes construction of new housing in the city.

Aug. 29, 2023
Item #5 Page 28 of 94

Page 2 ends

21.88.020 Eligibility
A. The following sections provides objective design standards required for use in the review of “developments” governed by California Government Code Section 65913.4 (Streamlined Ministerial Approval Process) and “housing development projects” as governed by California Government Code Section 65589.5 (Housing Accountability Act). These sections detail the review processes required for projects that provide, generally, either affordable or market rate multifamily housing development projects with at least two units or mixed- use development projects with at least two thirds square footage designated for residential uses. For full eligibility criteria, see the California Government Code sections listed above or the city’s development application materials.

B. These objective design standards are intended to apply exclusively to multifamily and mixed- use residential developments that consist of at least two attached dwelling units. These objective design standards do not apply to any other land development type, including a detached dwelling unit.

C. Modification or expansion of an existing conforming structure used for multifamily housing or mixed- use development that includes attached units is also eligible to use applicable standards of the Multifamily Housing and Mixed-Use Development Objective Design Standards Manual.

B. Waivers. A project applicant may request up to four (4) waivers to the applicable objective design standards provided in the Multifamily Housing and Mixed- Use Development Objective Design Standards Manual without the requirement for an additional application. The waiver process set forth in this section is a separate process from the concessions/incentives and waiver process pursuant to Density Bonus Law (Govt Code Section 65915) and/or other applicable state laws.

However, if the state density bonus concession/incentive or waiver is for an objective design standard in the Multifamily Housing and Mixed- Use objective Design Standards Manual, it would be counted as one (1) of the four (4) allowed waivers under this section.

1. The request must be made in writing as part of the application for the proposed project.

The written justification for a waiver(s) must identify the design standard(s) that is requested to be waived and how the request meets the waiver findings listed below.

21.88.040 Incorporation of the Multifamily Housing and Mixed-Use Objective Design Standards Manual by Reference
The City of Carlsbad’s Multifamily Housing and Mixed- Use Development Objective Design Standards Manual is incorporated by reference into this chapter.

Aug. 29, 2023
Item #5 Page 29 of 94

Page 3 ends

The City Council declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause, and phrase thereof irrespective of the fact that any part thereof be declared invalid or unconditional.

Aug. 29, 2023
Item #5 Page 30 of 94
City of Carlsbad
Multifamily Housing and
Mixed-Use Development
Objective
Design Standards
Manual
June 2023
Exhibit 6
Aug. 29, 2023
Item #5 Page 31 of 94
I-2
City of Carlsbad
Citywide Objective Design Standards Manual
Prepared for
City of Carlsbad
Acknowl edgments
City Council
May
or Keith Blackburn
Councilmember Melanie Burkholder, District 1
Councilmember Carolyn Luna, District 2
Mayor Pro
Tem Priya Bhat-Patel, District 3
Councilmember Ter
esa Acosta, District 4
City Staff
Eric Lardy, City Planner
Robert Efird, Principal Planner
Jennifer Jesser, Senior Planner
Shelley Glennon, Project Manager
Prepared by
RRM Design Group
Aug. 29, 2023
Item #5 Page 32 of 94
{city of
Carlsbad
rrm
design
group
I-3
June 2023
Prepared by
RRM Design Group
Section 1: Introduction..................................... 1-1 Section 2: Site Design Standards...................... 2-1 Section 3: Building Design Standards.............. 3-1 Section 4: Additional Mixed-Use Standards..... 4-1
Section 5: Utilitarian Design Standards........... 5-1 Definitions........................................................ A-1 Table of Contents
Aug. 29, 2023
Item #5 Page 33 of 94
I-4
City of Carlsbad
Citywide Objective Design Standards Manual
Aug. 29, 2023
Item #5 Page 34 of 94
Introduction 1
Aug. 29, 2023
Item #5 Page 35 of 94
Section 1
Introduction1
Aug. 29, 2023
Item #5 Page 36 of 94
I-1
City of Carlsbad
Citywide Objective Design Standards Manual
Section 1
Introduction 1
C. How to Use the Objective Design
Standards Manual.

1. Apply Zoning Requirements in Title 21.

Iden
tify which base zone and/or overlay
zone an eligible project is located in.

Chapter 21.06 through Chapter 21.40
of Title 21 establish standards for each
zone such as building height, yards and
setbacks, and lot size. Specific design
topics are also addressed, such as signs
in Chapter 21.41 and parking design in
Chapter 21.44.

2. Apply Objective Design Standards
M
anual. An eligible project is subject
to site design standards, building
design standards, and utilitarian design
standards. Additionally, mixed-use
projects are subject to additional mixed-
use standards. Some standards only apply
to projects with a large amount of homes;
these standards specify a threshold for the
number of homes.

A. Purpose. Objective design standards are
intended to provide the public, building and
design professionals, and decision-makers
with objective criteria for development.

The Multifamily Housing and Mixed-Use
Development Objective Design Standards
Manual (“Manual”) provides clear direction
that enhances an area’s unique character and
sense of place, allows design flexibility, and
promotes construction of new housing in the
city. It is in alignment with the goals of the city
and State to address the housing affordability
in this community.

B. Eligibility. This document establishes
standards for new multifamily residential and
mixed-use development that consists of at
least two attached homes. Eligible projects are
established by the provisions of Chapter 21.88
of the Carlsbad Municipal Code, and Statewide
legislation that mandates a streamlined,
objective design process for various types of
homes.

Introduction
Aug. 29, 2023
Item #5 Page 37 of 94
I-2 June
2023
Section 1
Introduction
c. Waiver Findings. The decision maker will
c
onsider the request and information
provided and make findings to approve
or deny the request. A waiver shall be
granted only if all the following findings
are made:

1. The proposed project meets
the in
tent of the design
standard under consideration,
or a similar design standard is
implemented in substitution.

2. The project meets the allowed density
with the pr
oposed waiver(s).

4. Reconcile Conflicting Standards. The City
of C
arlsbad maintains multiple regulatory
documents that contain design direction
for multifamily residential and mixed-
use development, including the Carlsbad
Municipal Code
, specific plans, and master
plans. In the case of a c
onflict between an
objective standard in this Manual and an
objective standard in another regulatory
document, the standar
d in this Manual shall
prevail.

Exception: The objective design standards
speci
fied in the applicable master plan or
specific plan shall prevail if such standards
conflict with the standards of the Multifamily
Housing and Mixed-Use Development
Objective Design Standards Manual.
1-2
1 3. Identify Waivers. A project applicant
may request up to four (4) waivers to
the standards provided in this manual
without the requirement for an additional
application.
a. Density Bonus. The waiver process set
forth in this section is a separate process
from
the concessions/incentives and
waiver process pursuant to Density
Bonus Law (Govt Code
Section 65915)
and/or other applicable state laws.

However, if the state density bonus
concession/incentive is for an
objective
design standard in this Manual, it would
be counted as one (1) of the four (4)
allowed waivers under this section.
b. Waiver Request. The waiver request must
be made in writing as part of the
application for the proposed project. The
written justification for a waiver(s)
must
identify the design standard(s) that is
requested to be waived and how the
request meets the waiver findings listed
below.

Aug. 29, 2023
Item #5 Page 38 of 94
Site Design Standards 2
Aug. 29, 2023
Item #5 Page 39 of 94
Section 2
Site Design Standards2
Aug. 29, 2023
Item #5 Page 40 of 94
2-1
City of Carlsbad
Citywide Objective Design Standards Manual
Section 2
Site Design Standards 2
A. Site Layout and Building
Placement.

1. Street Building Wall. If there is an
e
xisting contiguous building wall that has
a consistent setback along the primary
street frontage (maintaining the same
building plane setback for at least 75% of
the buildings on a single street block), then
buildings shall be located to maintain the
contiguous street wall and consistent front
setback.

Site design refers to the arrangement of – and relationships between – buildings, parking areas, common and private recreational space, and pedestrian connections. The site design standards in this chapter address site layout and building placement, vehicular surface parking and access, pedestrian circulation and access, landscaping, and private and common recreational space. Projects shall follow objective requirements of the base zone it is located in, such as setbacks and building height.

2. Common Recreational Space Adjacent
to
Primary Street – Projects with 50 or
More Units. Projects of 50 units or more
shall include at least one on-site common
recreational space located outdoors and
adjacent or visible from the primary street.

The common recreational space should
provide an opportunity for resident
interaction, such as a courtyard, picnic/sitting
area, or play area. This gathering space
counts towards the requirements of Section

2.D, Common Recreational Space – Projects of
20 or More Units.

Site Design Standards
Aug. 29, 2023
Item #5 Page 41 of 94
June 2023
Section 2
Site Design Standards2-2
2 1. Access and Driveways
a. Primary Access. Side street or alley access
shall ser
ve as the primary vehicular
access to parking and carport areas, if
available. If not available, the primary
street shall provide vehicular access.
b. Number of Access points. A maximum of
one v
ehicle access point from the street
is permitted per 100 linear feet of street
frontage.

Figure 1: Enhanced paving treatments shall be provided for entry driveways (2.B.3.c) B. Vehicular Parking and Access. Vehicular access and parking shall be designed as follows, unless the Fire Department determines that doing so would endanger the public welfare and safety.

Refer to the Chapter 21.44, Parking, of the Carlsbad Municipal Code for additional parking and access regulations.
c. Enhanced Paving for Entry Driveways.

Entry driveways connecting public
str
eets to the interior of the site shall
use enhanced paving treatment with
patterned and/or colored pavers,
brick, or decorative colored and scored
concrete, a minimum of 12 feet deep,
and spanning the width of the driveway.

Width of the Driveway
Decorative Paving at
Pedestrian Crossings
12 Feet
Minimum
Aug. 29, 2023
Item #5 Page 42 of 94
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Citywide Objective Design Standards Manual
Section 2
Site Design Standards 2

2. Number of Parking Spaces. The provisions
of S
ection 21.44.020, Off-Street Parking
Spaces Required, of the Carlsbad Municipal
Code shall be implemented except as
defined by Section 65585 of the Government
Code:

3. Traffic Calming Measures – Private Streets.

P
rojects with privately owned or maintained
streets shall implement four traffic calming
measures and techniques from the City’s
Residential Traffic Management Program
(Phase II or Phase III) throughout the project.

Examples of such traffic calming tools
include speed tables and speed cushions,
high visibility crosswalks, and intersection
bulb-outs.

4. Passenger Pick-up and Drop-off Location
-
Projects with 50 or More Units. Projects
with 50 or more units shall provide at least
one pick-up and drop-off location located
within 100 feet of a common recreational
space (such as a community clubhouse
or pool), or located within 100 feet of a
vehicular access point. The passenger
loading space shall be at least the size of a
standard parking space and shall be clearly
marked and visible from an entry driveway
(access point) into the site. Pick-up and drop-
off locations shall incorporate a minimum of
one bench and one shade structure.

5. Vehicle Light Intrusion. Vehicle parking
ar
eas shall be located, oriented, and/or
screened to prevent visual intrusion of
vehicle lights into habitable residential
spaces. Where parking areas are located
within 15 feet of a residential unit, they
shall be located within a garage, carport, or
parking structure, or screened by a solid wall,
fence, or landscaping a minimum of six feet
in height.

Aug. 29, 2023
Item #5 Page 43 of 94
June 2023
Section 2
Site Design Standards2-4
2 c. Landscaping. See Section 2.F,
L
andscaping, for landscaping
requirements adjacent to pedestrian
walkways.

D. Common Recreational Space
- Projects of 20 or More Units.

Projects of 20 or more units shall provide
on-site common recreational spaces at
a minimum of 100 square feet per unit.

Common recreational space include amenities
accessible to all residents such as play areas,
community center, courtyards, gathering and
picnic spaces, rooftop lounges, multi-use
paths/trails, pocket parks, athletic/recreational
courts or gyms, dog runs and enclosures;
pools and spas; and community gardens.

An applicant may provide on-site common
recreational space through an amenity not on
this list if it is readily accessible by all residents
for recreation and social purposes.

1. Minimum Dimensions. Except for
pocket par
ks and multi-use paths and
trails, common recreational spaces shall
be continuous space with no less than 15
feet in any given direction.
a. Pocket Parks. Pocket parks shall have a
minimum width of 50 f
eet in at least
one direction.
b. Exemption for Multi-Use Paths and
T
rails. Multi-use paths and trails
are not subject to the minimum
dimension requirement of 15 feet.

2. Visibility. Common recreational space
shall be loca
ted and arranged to allow
visibility into the space from pedestrian
walkways on the interior of the site.

Fencing or barriers shall be designed with
transparency to allow visibility.

C. Pedestrian Circulation and Access.

1. General. Paved or hardscape on-site
pedestr
ian circulation and access shall
be provided according to the following
standards:
a. Pedestrian walkways shall connect
r
esidential units to areas throughout the
site, such as vehicle parking areas, bicycle
parking areas, common recreational
space, waste and recycling enclosures,
and other amenities.
b. Pedestrian walkways shall connect public
sidew
alks to all building entrances and
vehicle parking areas.
c. Pedestrian walkways shall connect
building en
trances through the site
interior to all transit stops directly
adjacent to the project.
d. Pedestrian walkways shall connect
multiple buildings thr
oughout the site.

2. Pedestrian Walkways. P edestrian walkways
shall be provided with a minimum width of
five feet along the entire length, according
to the following standards:
a. Materials. Walkways shall be constructed
of fir
m, stable and slip-resistant materials
such as poured-in-place concrete
(including stamped concrete), permeable
paving, or concrete pavers.
b. Enhanced Paving for Pedestrian Crossings.

W
here a pedestrian walkway intersects
with a vehicle accessway, enhanced
paving treatment using patterned and/
or colored pavers, brick, or decorative
colored and scored concrete shall be
used. Pedestrian crossings shall feature
enhanced paving with a minimum width
of five feet, and span the length of the
intersecting drive area.

Aug. 29, 2023
Item #5 Page 44 of 94
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City of Carlsbad
Citywide Objective Design Standards Manual
Section 2
Site Design Standards 2
Figure 2: Private recreational space shall be provided for each residential unit and may include balconies and decks for upper stories (2.E.3)
E. Private Recreational Space. Private recreational spaces include amenities such as porches, patios, decks, and balconies. Where provided, private recreational spaces shall comply with the following requirements:

1. Minimum Dimensions. Private recreational space shall be a minimum of six feet in any direction.

2. Screening. Where private recreational space (such as a balcony or ground floor patio) is located within 15 f
eet of a window of an adjoining dwelling unit, railings, walls, and fencing shall be constructed with wood, metal, or glazing. Screening shall be constructed with limited openings to provide a minimum of 85 percent surface area screening (measured from the finished floor of the private recreational space to the top of the railing, fencing, or walls).

Property Line
6 Feet Min
Examples of private
recreational space
Aug. 29, 2023
Item #5 Page 45 of 94
June 2023
Section 2
Site Design Standards2-6
2 1. Landscape Buffer. A landscape buffer of
minimum fiv
e feet shall be located adjacent
to all ground-level residential spaces to
provide additional privacy and security for
residents. The buffer shall be planted with
shrubs which grow to or are maintained at a
maximum height of four feet.

2. Pedestrian Walkways. P
edestrian walkways
shall be flanked on both sides with
landscaping, including, groundcover, and
shrubs a maximum of four feet in height.

A tree shall be provided on either side of
the walkway at a minimum of every 50 feet
of walkway length. Regular alternating
intervals of trees on both sides of all
walkways may be provided where there is
sufficient space to promote healthy tree
growth and avoid root damage to adjacent
hardscape elements.

3. Plant Selection. Projects shall utilize plant
ma
terials consistent with the requirements
of the Carlsbad Landscape Manual and any
applicable permit conditions.

4. Privacy. Landscape screening shall obscure
dir
ect sight lines into dwelling units and
private recreational space from communal
areas such as parking areas, common
mailboxes, and pedestrian walkways.

Landscaping may be used in combination
with walls, fencing, and/ or trellises to screen
views where consistent with objective
standards from the Carlsbad Landscape
Manual.

F. Landscaping
Landscaping shall be utilized for all outdoor areas that are not specifically used for parking, driveways, walkways, patios, or recreational space. Projects shall comply with additional objective standards in the Carlsbad Landscape Manual and Chapter 18.50, Water Efficient Landscape, of the Carlsbad Municipal Code.

Figure 3: A landscape buffer shall be located adjacent to all ground-level residential spaces (2.F .1-2.F .2) 5 Feet
Min.

Landscape buffer
growing or maintained to
4 foot maximum height
Property Line
Aug. 29, 2023
Item #5 Page 46 of 94
Building Design Standards 3
Aug. 29, 2023
Item #5 Page 47 of 94
Section 3
Building Design Standards3
Aug. 29, 2023
Item #5 Page 48 of 94
3-1
City of Carlsbad
Citywide Objective Design Standards Manual
Section 3
Building Design Standards 3
Topics in this chapter include building massing and form, façade articulation, roof forms, building and unit entrances, fenestration, parking structure design, and building materials and colors.

A. Building Form, Massing, and Articulation. Building form, massing and façade articulation facilitates the distinction of individual units, or groups of units, through varied heights, projections, setbacks, and recesses. Materials and colors emphasize changes and hierarchy in form.

1. Building Form and Hierarchy. Buildings greater than two stories shall be designed to differentiate a defined base; a middle or body
; and a top, cornice, or parapet cap. Buildings two stories or less shall include a defined base and top. The “base” and “top” each shall not exceed two stories in height. This effect shall be achieved through at least two of the following for all buildings:
a. Color, texture, or material changes.
b. Variations, projections, or reveals in the wall plane. c. Variations in fenestration size or pattern.
d. Decorative architectural details such as cornices and columns, or arcades.

Building Design Standards
Figure 4: The design of this building provides a defined base, middle, and top, through changes in colors, materials, and a second story projection in the wall plane (3.A.1) Variation/
projection in
the wall plane
Variation in
fenestration
size/pattern
Base
Middle
Top
Aug. 29, 2023
Item #5 Page 49 of 94
June 2023
Section 3
Building Design Standards3-2
3 2. Wall Plane Variation. Building façades visible fr om the primary street shall not extend horizontally more than 40 feet in length without a two-foot variation in depth in the wall plane. Building entrances, unit entrances, upper-story setbacks, and projections such as stoops, porches, bays, overhangs, fireplaces, and trellises count towards this requirement. a. Upper Floor Area Reduction - Projects with 5 or More Units.

The floor area for upper floors shall be a
maximum of 90% of the ground floor area. The upper floor area shall not protrude over the first floor along the street frontage more than five feet.
b. Horizontal Articulation. Walls visible from a public right-of-way shall not run in a continuous hor
izontal plane for more than 40 feet without incorporating articulating features such as glazing, overhangs, cornices, canopies, columns, pilasters, trellises, arches, or clearly defined projecting or recessed architectural elements.

Figure 5: Building facades shall not extend horizontally more than 40 feet in length without a variation in the wall plane (3.A.2)
40 Feet
Maximum
40 Feet
Maximum
40 Feet
Maximum
Cornice
Upper-Story
Setback GlazingOverhang
2 Foot
Min.

Aug. 29, 2023
Item #5 Page 50 of 94
3-3
City of Carlsbad
Citywide Objective Design Standards Manual
Section 3
Building Design Standards 3

3. Corner Buildings. Corner buildings greater than two stories shall include one or more of the f
ollowing features on both facades:
a. An entry to ground-floor commercial uses or a primary building entrance located within 25 feet of the c
orner of the building.
b. A different material application, color, or fenestration pattern of windows and doors from the rest of the façade loca
ted within 40 feet of the corner of the building.
c. A change in height of at least 5 feet (taller or shorter) compared to the height of the abutting façade
, located within 40 feet of the corner of the building.

Figure 6: Corner buildings shall incorporate a building entrance, variation in materials, colors, or fenestration, or a variation in height (3.A.3)
Entry located within
25 feet of the building
corner
Different material color,
or fenestration pattern
located within 40 feet of
the building corner
A change in height of at least
5 feet located within 40 feet of
the building corner
5 Feet
Minimum
Aug. 29, 2023
Item #5 Page 51 of 94
June 2023
Section 3
Building Design Standards3-4
3 Figure 7: Roof lines shall not extend horizontally more than 40 feet in length without a prominent change in roof form, variation in architectural elements, or a variation in roof height (3.A.4)

4. Roof Line Variation. R oof lines shall not extend horizontally more than 40 feet in length without at least one prominent change as described below:
a. Provide variation in roof form, such as hipped, gable, shed, flat, and mansard. b. Provide variation in architectural elements, such as parapets, varying cornices, chimneys, and r
eveals.
c. Provide variation of roof height of at least 18 inches (as measured from the highest point of each r
oof line).

5. Flat Roofs and Parapets. Parapets shall be provided around the perimeter of a flat roof. a. Rooftop equipment shall be located a minimum of five feet away from any roof edge and par
apet adjacent to a public right-of-way.
b. Interior side of parapet walls shall not be visible from a common recreational space or public r
ight-of-way.
c. Parapets shall be capped with precast treatment, continuous banding, projecting cornices, den
tils, or similar edge treatment.

6. Garages. Garage doors shall be recessed into the garage wall a minimum of four inches to ac
centuate shadow patterns and relief. Garages shall not be located adjacent to the primary street unless there is no other driveway access available onsite for residential parking.

Example of variation in
architectural elements
Example of variation
of roof form and
height change of at
least 18 inches
18 Inches Min.

Aug. 29, 2023
Item #5 Page 52 of 94
3-5
City of Carlsbad
Citywide Objective Design Standards Manual
Section 3
Building Design Standards 3
B. Building and Unit Entrances. Entrances for buildings and individual units shall incorporate architectural treatments e.g., feature window details, towers, decorative veneer or siding, porches, stoops) and/or changes in roof line or wall planes.

1. Common Building Entrance. Common building entrances shall include weather protection that is a minimum 6 f
eet wide and 4 feet deep by recessing the entrance, or providing an awning or similar weather protection element. Common building entrances shall provide a minimum of 40 square feet of decorative and accent paving that contrast in color and texture from the adjacent pedestrian walkway paving.
a. Street-Facing Entrance. Buildings located adjacent to the primary street shall incorporate at least one pedestr
ian entrance directly from the public sidewalk or right-of-way. b. Non-Street-Facing Entrance. Buildings not located adjacent to a street shall have common building en
trances oriented to face parking areas, internal pedestrian walkways, or common Figure 8: Buildings not located adjacent to a primary street can have common building entrances oriented to face common recreational spaces (3.B.1.b)
Street-Facing
Entrance
Non-Street-Facing
Entrance
recreational space areas such as landscaped courtyards, plazas, or paseos.

Entrances
Aug. 29, 2023
Item #5 Page 53 of 94
June 2023
Section 3
Building Design Standards3-6
3 Figure 9: Individual residential unit entrances located on the ground floor shall be a porch or other entrance type (3.B.2.a.1)
Primary Street
Street-facing
porch or patio

2. Individual Unit Entrance.
a. Ground-Floor Unit Entrance. Residential entrances located on the ground floor shall include one or mor
e of the following:

1. Entrance Types. Allowable unit entrance forms include: porch, st
oop, patio, terrace, forecourt, and courtyard.

2. Weather Protection. Entrances shall have either a projected sheltering element or be recessed fr
om the main facade; the projection or recess shall have a minimum depth of 24 inches. b. Upper-Floor Unit Entrance. Exterior entrances to individual units on upper floors are permitted. No e
xterior access corridor providing access to upper-floor units shall be longer than 40 horizontal feet, to avoid a “motel-style” appearance.

Aug. 29, 2023
Item #5 Page 54 of 94
3-7
City of Carlsbad
Citywide Objective Design Standards Manual
Section 3
Building Design Standards 3
Figure 10: Individual unit entrances shall have weather protection, either in the form of a recessed entrance (left) or a projected element (right) (3.B.2.a.2)
Recessed
sheltering
element
Projected
sheltering
element
24 Inch Min.
24 Inch Min.

Aug. 29, 2023
Item #5 Page 55 of 94
June 2023
Section 3
Building Design Standards3-8
3 C. Windows and Doors.

1. Privacy. Where buildings are located within 10 feet of one another, window design on the building f
acades adjacent to one another shall avoid unfiltered/direct views into the site and shall be designed with one or more of the following:
a. Utilize non-transparent or obscured glazing, such as frosted/patterned glass, glass block, or non- oper
able opaque windows. Reflective glazing is not permitted. b. Provide permanent architectural screens or affixed louvers at windows. c. Utilize clerestory windows a minimum height of 6 feet from the ground.

F
igure 11: Window privacy from direct line-of sight into close, adjacent buildings can be provided in various ways (3.C.1)
6 Feet Min.

Non-Transparent/
Obscured Glazing
Architectural Screen/
Affixed Louver
Clerestory Window
Aug. 29, 2023
Item #5 Page 56 of 94
3-9
City of Carlsbad
Citywide Objective Design Standards Manual
Section 3
Building Design Standards 3

2. Window Treatment. W indows shall either be recessed at least two inches from the plane of the surrounding exterior wall, or shall have a trim or windowsill at least two and a half inches in depth. a. Windows Facing a Public Street or Common Recreational Spaces. Windows within 40 feet of public r
ight-of-way or common recreational spaces shall feature enhanced window treatments, such as decorative lintels, trim, shutters, awnings, and/or trellises. b. Window Shutters. Exterior window shutters, when used, shall match the size and shape of adjac
ent window openings.

Figure 12: Windows shall either be recessed from the wall plane (left) or shall have a surrounding trim or windowsill (right) (3.C.2)
Depth of Recessed Window Depth of Trim or Windowsill
2 Inches Minimum
Recess

2.5 Inch Minimum
Trim or Sills
Aug. 29, 2023
Item #5 Page 57 of 94
I / I>
:,
L . 111
June 2023
Section 3
Building Design Standards3-10
3 D. Materials and Colors.

1. Variation Between Buildings – Projects
with Multiple Buildings
. For projects with
multiple buildings, the colors and materials
of exterior walls, doors, and accents such as
window trim shall vary for each building.

2. Consistency Between Elevations. The
ma
terials, colors, and styles of windows,
doors, roofs, decks, balconies, exterior
staircases, porches, and any façade
treatment shall be used on more than one
elevation of a building.

3. Wall Material. The primary exterior siding
ma
terial for buildings shall be wood, stone,
brick, stucco, fiber cement, composite wood
or stone. Plywood is prohibited.

4. Chimneys. Chimneys shall either be painted
the same c
olor as the exterior wall or
constructed with the same materials present
on other accents or elements of the facade.

5. Material Transition. Changes in ma
terial
shall occur at inside corners of intersecting
walls or at architectural features that break
up the wall plane, such as columns.

6. Accent Material. Use of two or more accent
ma
terials such as glass, tile, brick, stone,
concrete, or plaster, which differ from the
primary exterior siding material, shall be
incorporated to highlight building features.

Aug. 29, 2023
Item #5 Page 58 of 94
Additional Mixed-Use Standards 4
Aug. 29, 2023
Item #5 Page 59 of 94
Section 4
Additional Mixed-Use Standards4
Aug. 29, 2023
Item #5 Page 60 of 94
4-1
City of Carlsbad
Citywide Objective Design Standards Manual
Section 4
Additional Mixed-Use Standards 4
The following standards shall be implemented by mixed-use projects in addition to the standards in Section 3, Building Design Standards. Topics in this chapter specifically remedy potential conflicts and considerations derived from the integration of various uses. The following standards are broken into vertical mixed-use and horizontal mixed-use; all standards apply to structures that contain both vertical and horizontal mixed-uses.

A. Vertical Mixed-Use. The following standards apply to all vertical mixed-use buildings where there are multiple uses (e.g. residential and non-residential) on different floors of the same building.

1. Ground Floor Use and Activity. In addition to non-residential uses, common recreational spaces, amenities
, and leasing offices are allowed in the ground floor space and within 20 feet of the building frontage along the primary street. Residential dwelling units shall not be located within the ground floor space and within 20 feet of the building frontage along the primary street.

2. Ground Floor Height. Mixed-use buildings shall incorporate a minimum ground floor height (measur
ed from floor to floor) of 12 feet.

Additional Mixed-Use Standards
Aug. 29, 2023
Item #5 Page 61 of 94
Section 4
Additional Mixed-Use Standards4
June 20234-2

3. Ground Floor Transparency. M ixed-use buildings located adjacent to the primary street shall include windows and doors for a minimum of 50% of the building area located between three and seven feet above the height of the sidewalk. The area of signage and posters within a window display shall not count towards this requirement.
a. Parking garages are not required to meet the ground floor transparency requirement. b. Transparent or translucent glazing is required on the ground floor façade. Opaque, reflective, or dar
k tinted glass that obstructs interior views at the street level is not permitted.

Figure 13: To support a pedestrian-friendly environment, mixed-use buildings shall maintain transparent windows and doors along 50% of the street-facing wall area between three and seven feet above the sidewalk (4.A.3)
A 50% minimum of the
area 3 - 7 feet above the
sidewalk is transparent
windows or doors
Aug. 29, 2023
Item #5 Page 62 of 94
4-3
City of Carlsbad
Citywide Objective Design Standards Manual
Section 4
Additional Mixed-Use Standards 4

4. Product Displays. The bottom of any
pr
oduct display window shall be between
18 to 36 inches in height, measured from
the height of the sidewalk. Product display
windows shall be internally lit.

5. Ground Floor Pedestrian Scale. Mixed-
use building
facades located adjacent to
the primary street shall provide two of the
following for every 40 feet in façade length.
a. An awning, canopy, or other shade/
w
eather protection structure a minimum
of 10 feet in height.

1. If provided as one continuous awning,
canop
y, or other shade/weather
protection structure, the structure shall
extend a minimum of 10 feet in length.

2. If provided as multiple awnings,
canopies
, or other shade/
weather protection structures, the
structure shall be provided at a
minimum over every window.
b. A change in exterior wall material,
c
onsistent with Section 3.D, Materials and
Colors.
c. Planter boxes located under each
windo
w or on either side of entry doors,
each a minimum of 4 feet in length.
d. Signage projecting from the building
façade w
all at a perpendicular angle, or
signage attached to a fixed canopy or
awning.

B. Horizontal Mixed-Use. The following
standards apply to all horizontal mixed-use
developments where there are multiple
uses (e.g. residential and non-residential) in
different buildings within the same project or
development site:

1. Pedestrian Circulation. Pedestrian
w
alkways shall connect multiple buildings
throughout the site, as per Section 2.C,
Pedestrian Circulation and Access.

2. Access to Common Recreational Spaces.

C
ommercial tenants, visitors, and residents
may be given access to the same common
recreational spaces, or separate common
recreational spaces.

3. Nuisances and Hazards. Buildings shall
be loca
ted and sited in compliance with
objective standards in the Carlsbad
Municipal Code as related to noise, vibration,
odor, glare, and other nuisances and
hazards.

4. Loading and Service Areas. All required
loading and ser
vice areas shall be located
on a façade other than the primary building
frontage, and/or at the rear or side of the
site. Loading and service areas shall be
located so as to not disrupt or block the
flow of onsite and offsite vehicular traffic.

Loading and service areas shall not be
located within 50 feet of residential dwelling
units or common recreational space areas
and shall be visually screened from the
public right-of-way with walls, solid fencing,
and/or dense evergreen vegetation. Refer
to Chapter 10.40, Stopping, Standing, and
Parking, of the Carlsbad Municipal Code for
loading requirements.

Aug. 29, 2023
Item #5 Page 63 of 94
Section 4
Additional Mixed-Use Standards4
June 20234-4
Aug. 29, 2023
Item #5 Page 64 of 94
Utilitarian Design Standards 5
Aug. 29, 2023
Item #5 Page 65 of 94
Section 5
Utilitarian Design Standards5
Aug. 29, 2023
Item #5 Page 66 of 94
5-1
City of Carlsbad
Citywide Objective Design Standards Manual
Section 5
Utilitarian Design Standards 5
A. Bicycle Parking.

1. Short-term Bicycle Parking. Short-term
bic
ycle parking shall be provided to serve
residents, shoppers, customers, messengers,
guests, and other visitors to a site, who
generally stay for a short period of time.
a. Required Number of Spaces. Short-term
bic
ycle parking shall be provided in
the form of permanent bicycle racks
at the rate of one rack space per every
ten residential units and one rack space
per every 1,000 square feet of non-
residential space.

The following standards relate to the operational fixtures and structures of multifamily residential and mixed-use buildings.
b. Location. Racks shall be located within
100 feet of a residential unit, or within
100 feet of a common building entrance
to the building it serves. One rack may
serve multiple tenants or buildings if the
distance requirement is met. Bicycle racks
and associated bicycle maneuvering shall
not impede upon the public right-of-
way so as to impede accessible paths of
travel.
c. Security. Bicycle parking spaces shall be
pr
ovided with a stationary, securely-
anchored rack or object to which a
bicycle frame and one wheel can be
secured.

Utilitarian Standards
Aug. 29, 2023
Item #5 Page 67 of 94
Section 5
Utilitarian Design Standards5
June 20235-2

2. Long-term Bicycle, E-bike, E-scooter
P
arking – Projects of More Than 20 Units.

Long-term bicycle parking shall be provided
to serve residents, employees, students,
commuters, and others who generally stay
at a site for a long period of time. Long-term
bicycle, E-bike, and E-scooter parking shall
be provided for projects of more than 20
units.
a. Required Number of Spaces. Long-term
bic
ycle parking shall be provided at a
rate of one rack space per every five
residential units.
b. Location and Security. Secure, long-term
bic
ycle, E-bike, and E-scooter parking
areas shall be located in an enclosed
bicycle locker; a fenced, covered, locked,
or guarded bicycle storage area; or a rack
or stand inside a building or site area
requiring key access. A garage or carport
for an individual residential unit may
fulfill this r
equirement.

1. Where the bicycle parking area is not
visible fr
om the common building
entrance, signs located at a common
building entrance shall identify
the location of bicycle parking.

2. Bicycle parking areas shall be covered
(e
.g. inside buildings, garages, bike
lockers, under roof overhangs).

3. Long-term bicycle parking
facilities shall not be visible
fr
om the public right-of-way.
c. Size and Accessibility. Each long-term
bic
ycle parking space shall be a
minimum of two feet in width and six
feet in length and shall be accessible
without moving other bicycles. Two feet
of clearance shall be provided between
bicycle parking spaces and adjacent
walls, poles, landscaping, street furniture,
drive aisles, and pedestrian walkways.

Five feet of clearance shall be provided
from vehicle parking spaces.

B. Community Delivery Center –
P
rojects of 20 or More Units. For all
developments 20 units and larger, a delivery
room, consolidated mailbox, or mail pick-up
and drop-off locationshall be provided. This
amenity shall be located centrally to maximize
access for all occupants of the development and
have direct access to the public right-of-way for
delivery personnel.

C. Fences and Walls. Fences and walls
shall be constructed of materials such as wood,
wrought iron, or masonry and shall be a different
color than the exterior wall of the building(s).

Chain link fencing is prohibited. Where fences
and walls of different materials or finishes
intersect, an architectural transition or break
(such as a pier, post, column or pilaster) shall be
provided. Refer to the Carlsbad Municipal Code
for additional regulations associated with fences
and walls.

Aug. 29, 2023
Item #5 Page 68 of 94
5-3
City of Carlsbad
Citywide Objective Design Standards Manual
Section 5
Utilitarian Design Standards 5
D. Lighting. Outdoor light fixtures, including
pole lights, wall-mounted lights and bollards
shall be fully-shielded and downward-facing in
order to minimize glare and light trespass within
and beyond the project site.

1. All areas for pedestrian and vehicular
cir
culation, entrances, parking, and common
recreational spaces shall incorporate lighting
programmed with dusk to dawn lighting for
safety and security.

2. Energy-efficient fixtures incorporating light
emitting diode (LED
) lamps or equivalent
energy-efficient fixtures shall be used.

E. Equipment and Utility Screening.

Wall-mounted utility elements such as wires,
conduits, junction boxes, transformers, ballast,
backflow devices, irrigation controllers, switch
and panel boxes, and utilities such as gas and
electrical meters shall be located at interior
corners of building walls, or behind building or
landscape elements that conceal them from the
view of pedestrian walkways.

F. Trash and Refuse. Trash and refuse areas
shall be located within a building, incorporated
into the exterior building design, or located
within a detached enclosure designed and
placed as follows:

1. Location. The enclosure shall be located to
the r
ear or side of the building, within 500
feet of an access point to the units served
and located outside of view from a public
right-of-way.

2. Screening. The enclosure shall be enclosed
within a solid w
all without breaks or
transparency, and having gate or door.

3. Materials. The enclosure shall incorporate
the same ma
terials and colors of the primary
building design.

G. Wall-Mounted Utility Elements.

All wall-mounted elements shall be located
at interior corners of building walls or behind
building elements that conceal them from
the view of pedestrian walkways . All flashing,
sheet metal vents, exhaust fans/ventilators,
downspouts, and pipe stacks shall be painted to
match the adjacent roof or wall material and/or
color.

H. Signs. Sign design shall comply with the
objective requirements of Chapter 21.41, Sign
Aug. 29, 2023
Item #5 Page 69 of 94
Section 5
Utilitarian Design Standards5
June 20235-4
Aug. 29, 2023
Item #5 Page 70 of 94
Definitions A
Aug. 29, 2023
Item #5 Page 71 of 94
DefinitionsA
Aug. 29, 2023
Item #5 Page 72 of 94
City of Carlsbad
Citywide Objective Design Standards Manual
Definitions A
The following terms are defined below and found throughout this Manual in italicized font.

Alley. A public thoroughfare or way having a width of not more than 20 feet which affords only a secondary means of access to abutting property.

Arcade. A series of arches carried by columns or piers, a passageway between arches and a solid wall, or a covered walkway providing access to building entrances.

Awning. An architectural fabric or metal projection that provides weather protection, building identity, or decoration, and is wholly supported by the building to which it is attached. An awning is typically comprised of a lightweight frame structure over which a cover is attached.

Balcony. An external extension of an upper floor of a building, enclosed by a solid or transparent screen, balusters, or railings.

Carport. A structure, or portion of a structure, accessible to vehicles, with a solid weatherproof roof that is permanently open on at least two sides, used as vehicle parking and/or outdoor storage.

Clerestory. An upper story or row of windows rising above the adjoining parts of the roof, designed to admin increased light into the inner space of the building.

Cornice. The uppermost division of an entablature; a projecting shelf along the top of a wall supported by a series of brackets; the exterior trim at the meeting of a roof and wall, consisting of soffit, fascia, and crown molding.

Courtyard. Any portion of the interior of a lot or building site which is wholly or partially surrounded by buildings, and which is not a required front, side, or rear yard.

Downspout. A vertical pipe that carries water from the roof gutters to the ground or cistern.

Elevation. The view of the front, back, or side of a building; or an architectural drawing of one of these views sho
wing architectural and design features, and the relationship of grade to floor level.

Façade. The exterior face of a building.

Fenestration. The arrangement, proportioning, and design of windows, doors, and other exterior openings in a building
.

Fully-Shielded. A term describing a light that is constructed so that light rays directly emitted by the fixture are projected below a horizontal plane running through the lowest point on the fixture where light is emitted.

Definitions
A-1
Aug. 29, 2023
Item #5 Page 73 of 94
DefinitionsA
June 2023
Horizontal Mixed-Use. A term applied where multiple types of uses (e.g. residential and non-residential) occur in different buildings within the same project or development site.

Housing Development Project. As defined by California Code Section 65589.5.

Lintel. The horizontal beam that forms the upper structural member of an opening for a window or door and supports part of the structure above it.

Objective Design Standards. Standards which involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion.

Paseo. A recreational space that serves as a pedestrian connection and passive landscape between two separate streets.

Parapet. A low protective wall or railing along the edge of a roof, balcony, or similar structure; in an exterior wall, the part entirely above the roof.

Pilaster. A partial pier or column, often with a base, shaft, and capital, that is embedded in a flat wall and projects slightly; may be constructed as a projection of the wall itself.

Primary Street. A primary street in relation to an existing or proposed site is the right-of-way with the higher street classification according to the city’s General Plan Mobility Element, and which generally carries the greater volume of vehicular traffic.

Side Street. A street which is adjacent to a corner lot and which extends in the general direction of the line determining the depth of the lot. See Chapter 21.04, Definitions, of the Carlsbad Municipal Code.

Vertical Mixed-Use. A term applied where multiple types of uses (e.g. residential and non-residential; retail and office) occur on different floors of the same building.

A-2
Aug. 29, 2023
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CITY OF CARLSBAD

COUNCIL POLICY STATEMENT

Page 1 of 5 ends

Policy No. 44
Date Issued August 29, 2023
Effective Date August 29, 2023
Cancellation Date No Cancellation Date
Supersedes No. 10/10/89, 08/26/97,
12/11/01, 05/02/06
General Subject: NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES Specific Subject: Establishment of Architectural Design Guidelines for the Development of Livable Neighborhoods
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File
PURPOSE AND INTENT:

The purpose and intent of the architectural guidelines is to ensure that a variety of architectural elements are incorporated into single-family homes and two-family structures so that they: a) are visually interesting, b) have sufficient building articulation to reduce their bulk and mass, c) are in scale to their lot size, and d) strongly contribute to the creation of livable neighborhoods.

APPLICABILITY:
■ A new individual single-family home or remodel shall not be subject to these architectural guidelines. • New single-family and two-family residential projects of 2-4 homes shall comply with architectural guidelines 1, 2, 3, 4, 9,10, 11, 13, 14, 15, 16, 17 and 18 (regardless of stated percentages). • New single-family and two-family residential projects of 5 or more homes shall comply with all of the architectural guidelines.

PROCEDURES:

1. Applicants for discretionary project applications shall design projects/homes so that they comply with the guidelines. Each applicant shall provide documentation demonstrating compliance with this policy concurrent with the submittal of development permit applications.

If an applicant w ishes to propose an architectural style that complies with the Purpose and Intent of this policy and yet cannot comply with the requirements of the guidelines, the applicant may request up to four deviations from any one of the architectural guidelines to achieve an architectural design or style of equally superior quality. All such requests shall be fully justified specifying how the Purpose and Intent of this policy is being achieved.

2. Staff shall review projects for compliance with the guidelines and provide recommendations to the decision-makers regarding:
a. Project compliance with the policy;
b. Whether or not any requested deviations are justified; and, c. Whether or not the purpose and intent of the policy would still be achieved if a deviation is granted.

3. Decision-makers shall determine, on a case-by-case basis, whether the project complies with the intent of the policy to create livable neighborhoods.

Exhibit 7
Aug. 29, 2023
Item #5 Page 75 of 94

CITY OF CARLSBAD

COUNCIL POLICY STATEMENT

Page 2 of 5 ends

Specific Subject: Establishment of Architectural Design Guidelines for the Development of Livable Neighborhoods
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File

ARCHITECTURAL GUIDELINES:

Floor Plans and Elevations

1. All residential projects shall be required to have a minimum number of different floor plans, different front and corresponding matching rear elevations with different color schemes as identified below:
□ 2-4 dwelling units shall provide 1 floor plan and 2 different elevations. □ 5-12 dwelling units shall provide 2 different floor plans and 2 different elevations. □ 13-20 dwelling units shall provide 2 different floor plans and 3 different elevations. □ 21+ dwelling units shall provide 3 different floor plans and 3 different elevations.

2. Every house should have a coherent architectural style. All elevations of a house, including front, side and rear, shallould have be articulated with the same design integrity of forms using common, architectural details and materials.

3. In addition to the previous requirements, dD esign details should shall reinforce and enhance the architectural form and style of every house butand differ from other elevations each house using of the same floor plan shall differ in elevation. A minimum of 4 complimentary design details, including but not limited to those listed below, shall be incorporated into each of the front, rear and street side building fac<;:ade(s) of the house.

DESIGN DETAILS

• Balconies
• Decorative eaves and fascia
• Exposed roof rafter tails
• Arched elements
• Towers
• Knee braces
• Dormers
• Columns
• Exterior wood elements
• Accent materials (i.e.; brick, stone, shingles, wood or siding)

4. Floor plans in a project shall exhibit a variety of roof ridges and roof heights within a neighborhood.

Aug. 29, 2023
Item #5 Page 76 of 94

CITY OF CARLSBAD

COUNCIL POLICY STATEMENT

Page 3 of 5 ends

Site Planning

5. Houses with both the same floor plan and elevation style shall not occur on adjacent lots.

6. Reverse floor plans shall be included where possible to add variety to the street scene.

Single Story Requirements

7. A minimum of 15% of the total number of homes shall be single- story structures. Single- story is defined as a maximum plate- line of 15 feet and a maximum building height of 20 feet. Lofts are permitted subject to CMC Section 21.04.330.
or

A minimum of 10% of the total number of homes shall be single -story structures and 15% shall be reduced second story structures. A reduced second story structure shall comply with the following criteria:
□ A minimum of 60% of the roofline shall be single story; □ A 2-story element may be added in the central portion of the front and rear elevation; and □ The second story element may be no greater than 25% of the floor area of the first floor of the house (including garage).
or
For alley-loaded product, a minimum of 20% of the homes shall be single-story for the front 20% of the home (overall depth of house times 20%).

8. A maximum of 20% of the total number of homes are exempt from the requirement to have a single-story building edge.

9. The remaining total number of homes shall comply with one of the following guidelines:

• The home shall have a single-story building edge with a depth of not less than 8 feet and shall run the length of the building along one side except for tower elements. The roof covering the single- story element shall incorporate a separate roof plane and shall be substantially lower than the roof for the two-story element. Porches and porte-cochere elements shall qualify as a single- st ory edge.

Houses with courtyards that are a minimum of 15 feet wide located along the side of the house and setback a minimum of 15 feet from the property line are not required to have a single -story building edge.

1 Aug. 29, 2023
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CITY OF CARLSBAD

COUNCIL POLICY STATEMENT

Page 4 of 5 ends

■ The home shall have a single-story building edge with a depth of not less than 5 feet and shall run the length of the building along one side. The roof of the single -story element shall be substantially lower than the roof for the two-story element of the building.

■ The home shall have a single-story building edge with a depth of not less than 3 feet for 40% of the perimeter of the building.

Multiple Building Planes

The minimum offset in planes shall be 18 inches and shall include, but not be limited to, building walls, windows, porches and roofs. The minimum depth between the faces of the forward -most plane and the rear plane on the front elevation shall be 10 feet. A plane must be a minimum of 30 sq. ft. to receive credit under this section.

12. For at least 66% of the homes in a project, one side elevation shall have sufficient offsets or cutouts so that the side yard setback averages a minimum of 8.5 feet.

Windows/Doors

14. Windows shall reinforce and enhance the architectural form and style of the house through, the use of signature windows and varied window shapes and sizes.

Front Porches
Aug. 29, 2023
Item #5 Page 78 of 94

CITY OF CARLSBAD Page 5 of 5
Policy No. 44
Date Issued August 29, 2023
Effective Date August 29, 2023
Cancellation Date No Cancellation Date
Supersedes No. 10/10/89, 08/26/97,
12/11/01, 05/02/06

COUNCIL POLICY STATEMENT
General Subject:

Specific Subject:

NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES

Establishment of Architectural Design Guidelines for the Development of Livable Neighborhoods
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File

15. Fifty percent (50%) of the homes shall be designed with a covered front porch, open courtyard, or balcony (each with a minimum depth of 6 feet and a minimum area of 60 square feet) located at the front of the dwelling. The minimum depth for a covered front porch shall be measured from the front facade of the home to the inside of any supporting porch posts. The front and sides of porches shall be open except for required and/or ornamental guardrails. A variety of roof elements shall be provided over porches. Porches may not be converted to living space.

Front Entries

16. S eventy -five percent (75%) of the homes must have a front entry to the home that is clearly visible from the street. Walkways from the front door to the street are encouraged.shall connect directly to public sidewalks, private driveways and/or to other pedestrian walkways.

Chimneys

17. Chimneys and chimney caps shall be in scale with the size of the home and shall either be painted the same color as the exterior wall or constructed with the same materials present on other accents or elements of the façade. No more than 2 chimneys shall be allowed for homes on lots in planned developments having an area less than 7,500 square feet.

Garage Doors

18. Garage doors for 3 or 4 cars in a row that directly face the street must have a minimum of an 18" plane change between the garage doors after the 2 car garage door.

Note #1: Fractional units of .5 or greater shall be rounded up to the next whole number and located in a manner to achieve the best project design as determined by the project planner. When a percentage of units are described in the guidelines, the intent is to have that percentage spread throughout the entire project.

Aug. 29, 2023
Item #5 Page 79 of 94
Community Development Department | 1635 Faraday Ave. | Carlsbad, CA 92008 | www.carlsbadca.gov SB-330 Housing Crisis Act
IB-135
CA Senate Bill 330 (SB-330) amended a number of
statutory provisions and added Gov. Code § 66300,
commonly referred to as the Housing Crisis Act of
2019 (HCA), which became effective on Jan. 1,
2020. This Info-Bulletin provides an overview of
how the HCA affects the city’s review and approval
of eligible housing developments. The bulletin has
been updated consistent with SB-8 (effective Jan.
1, 2022).

BACKGROUND
The HCA is based on the idea that needed housing
has largely already been planned for by local
jurisdictions. According to a 2019 report prepared
by UCLA Lewis Center for Regional Policy Studies,
cities and counties in the state have collectively
approved zoning for roughly 2.8 million new
housing units. However, the housing is not getting
built.

The development community contributes the lack
of housing production to growing regulatory
requirements, permit processing delays, and
excessive impact and service fees that get imposed
on new development and growth.

In response, HCA created a number of new
procedures and legislative limitations on
municipalities with the goal of streamlining the
entitlement process by slashing the time and costs
it takes to secure permits for housing that meets
the local government’s existing rules.

The following sections provide information on
some of the more important provisions of the HCA.

It should be noted that the HCA is currently
intended to apply to housing developments projects
which have submitted a preliminary application
before Jan. 1, 2030, and the HCA, as a whole,
sunsets on Jan. 1, 2034.

PROJECT ELIGIBILITY
Projects that are located outside of California
Department of Forestry and Fire Protection’s
(CALFIRE) mapped “Very-High Fire Severity” zones
(Gov. Code § 51178) and meet the following
definitions of Housing Development are eligible for
benefits afforded under the HCA (Gov. Code §
65589.5(h)(2).
• Residential unit projects; or,
• Mixed-use development consisting of
residential and nonresidential uses with at
least two-thirds of the square footage of the
project designated for residential use; or,
• Transitional Housing or Supportive Housing
project (see definitions of each term in Gov.

Code §§ 65582(j) and (h), 65650, Chapter 21.04
of the Carlsbad Municipal Code).

APPLICATION PROCESSES
Preliminary Housing Development Pre-Application
Eligible projects that seek the vesting and
processing benefits offered under SB-330 are first
required to submit a Preliminary Housing
Development (SB-330) Pre-Application, which the
city refers to as the SB-330 Pre-App (Form P-32),
and a Density Bonus Application, if applicable
Documents Referenced
The Housing Crisis Act; SB 330
Prelim Housing Development (SB-330) Pre-Application; P-32 State Density Bonus Law, IB-112
Density Bonus Supplemental Checklist; P-1(H)
Informal Preliminary Review Request Form; P-14
Master Fee Schedule
CMC Definitions; §21.04
Carlsbad Growth Management Plan; GMP
Exhibit 8
Aug. 29, 2023
Item #5 Page 80 of 94
{city of
Carlsbad
Informational Bulletin
IB-133_SB330 Housing Crisis Act_11/2021 Page 2 of 4
(Form P-1(H)). The application needs to include
information and supporting documentation as
required in the SB-330 Pre-App (Gov. Code §
65941.1(a)), as well as payment of the permit fee;
charged as a “Preliminary Plan Review – Minor.”
The fee is $240 (FY 2021-22) but refer to the city’s
master fee schedule for the most current fees.

The application materials are reviewed by city
staff at a filing appointment to determine whether
the required submittal items are present so the
city can accept the submittal and “deem
complete” the application. While not required
under state law, deemed complete applications
will be approved (signed) by staff at the filing
appointment.

An approved application allows a development
project to be submitted under the permit
streamlining provisions of SB-330, and generally
limits the city to only applying those ordinances,
policies, rules, regulations, fees (excluding annual
adjustments), and development standards that
are in place on the date the SB-330 Pre-App was
approved. (Gov. Code §65589.5(o)(1).)
Discretionary Permit Application
The SB-330 Pre-App is not intended to represent
an in-depth analysis of the proposed project and
does not take the place of required discretionary
applications and approvals. The project is still
subject to all required discretionary permits,
processing procedures, hearings and timelines
governed by state law, including the California
Environmental Quality Act (CEQA) and the Coastal
Act. Development applications must be submitted
within 180 days from submittal of the Pre-App.

State law requires public agencies to determine
the completeness of a development application
within 30 days based on specific contents of the
application, rather than information deemed
relevant by the individual planner. If the city does
not make this determination within 30 days, the
application is automatically deemed complete.

If a project application is determined incomplete,
the city is required to provide the applicant with a
list of items that were not complete. The list must
be limited to those items actually specified on the
city’s application submittal requirement checklist.

Furthermore, the city cannot request that the
applicant provide any new information that was
not stated in the initial list of items that were
listed as incomplete. This does not preclude the
city from requesting additional information as
part of the CEQA process. (CEQA Guidelines §§
15060, 15084.)
Once the discretionary permit application is
deemed complete, for residential developments
proposing 150 units or fewer, the city has 30 days
from the date that an application is deemed
complete to determine whether the project is
“deemed consistent” with applicable plan,
program, policies, ordinances, and standards.

Cities have 60 days for residential developments
proposing greater than 150 units. (Gov. Code
§65589.5(j)(2)(A).) Different timelines apply for
ministerial applications. (Gov. Code
§65913.4(c)(1).) Failure to meet this deadline
automatically deems the project consistent.

Following certification of an Environmental Impact
Report (EIR), jurisdictions generally have 90 days,
to approve or disapprove the project. For low-
income projects seeking tax credits or public
funding, that time frame is 60 days. Following
Aug. 29, 2023
Item #5 Page 81 of 94

IB-133_SB330 Housing Crisis Act_11/2021 Page 3 of 4
approval of a Negative Declaration or a CEQA
Exemption, jurisdictions have 60 days to approve
or disapprove the project. (Gov. Code § 65950.)

IMPORTANT TIMELINES FOR APPLICANT
To retain the benefits granted through the SB-330
Pre-Application process, a project must meet the
following timelines and project thresholds:
• The application must be filed with the city’s
Planning Division and deemed complete prior
to filing a formal application requesting
approval of any discretionary action for an
eligible housing development project.
• If the SB-330 Pre-App for the development
project is not deemed complete at the filing
appointment, the applicant shall submit the
specific information needed to complete the
application within 90 days of receiving the
agency’s written identification of the
necessary information.
• Once the city accepts a complete SB-330 Pre-
App, the applicant has 180 calendar days from
the acceptance date to submit a discretionary
permit application to the city for processing.
• The project proposed in the discretionary
permit application can deviate by no more
than 20 percent from the project reflected in
the SB-330 Streamline Application (exclusive
of any increase resulting from the receipt of a
density bonus, concession, waiver, or similar
provision). (Gov. Code § 65941.1(c).)
• If the applicant does not submit the requested
information to address an incomplete Pre-App
within the 90-day period, or a formal
application is not received within the 180-day
period from pre-application acceptance, then
the SB-330 Pre-App shall expire and have no
further force or effect. (Gov. Code §
65941.1(d).)
• Construction of the project must commence
within three and one-half (3½) years following
the date that the formal discretionary project
receives final approval. “Final approval”
includes all necessary approvals (including
other agencies’ approvals and permits) to be
eligible to obtain building permits, and all
appeal periods or statutes of limitations have
been exhausted or resolved in favor of the
housing development project. (Gov. Code §
65589.5(o)(2)(D))

IMPORTANT JURISDICTIONAL

LIMITATIONS
As previously noted, SB-330 was intended to help
the state address the housing supply crisis by
removing barriers to the approval process for
residential and mixed-use projects. Below are
some of the more significant provisions of the HCA
that limit the city’s land use authority.
• Cities may only apply those rules, regulations,
fees and development standards that are in
place on the date the SB-330 Pre-App was
deemed complete.
• Cities are prohibited from enforcing caps on
housing development. As such, the citywide
and quadrant housing caps listed in the city’s
Growth Management Plan (GMP) cannot be
applied to new housing development projects,
as documented in City Council Resolution No.
2021-074
.
• Cities are prohibited from enacting a
development policy, standard, or condition
that would have the effect of imposing a
moratorium or limitation on housing
development, unless the city finds that there
is an imminent threat to the public health and
safety. As discussed in Resolution No. 2020-
104, 2020-208, No. 2021-003, these
limitations have prevented the city from
adopting moratoria in response to
exceedances of the city’s Growth
Management Plan Performance Standards.

Aug. 29, 2023
Item #5 Page 82 of 94

IB-133_SB330 Housing Crisis Act_11/2021 Page 4 of 4
• Only objective design standards can be
applied to eligible housing development
projects. Development standards that are
subject to interpretation and subjective in
nature cannot be applied to the project.
• Cities are limited to holding no more than five
hearings on housing development projects
which comply with applicable objective
standards after development applications
have been found complete. A “hearing”
covers any public hearing, workshop, or
similar meeting that is held by the City
Council, Planning Commission, or other
departments. If the city continues a hearing,
the continued hearing counts as one of the
five hearings. These provisions do not apply
to projects requesting legislative approvals.
• The City Council generally cannot deny a
Housing Development project unless it is able
to make written findings, pursuant to Gov.

Code §65589.5(d), based on the
preponderance of the evidence in the record
that either:
o The city has already met its Regional
Housing Needs Assessment (RHNA)
requirement;
o There is a specific adverse impact upon
the public health or safety and this impact
cannot be mitigated;
o Approval of the project would violate
State or Federal law and this violation
cannot be remedied; or,
o The project is proposed on land zoned for
agriculture or resource preservation that
is surrounded on at least two sides by
land being used for agricultural or
resource preservation purposes,
o The project does not have adequate
water or wastewater facilities to serve the
project.
o The project is inconsistent with the zoning
ordinance and general plan land use
designation.

NO NET-LOSS OF UNITS
In addition to the items listed above, HCA generally
limits a city’s ability to reduce the permitted
residential density below that in place on January 1,
2018 without concurrently increasing density on
other property. This is referred to as the “no net-
loss” provision. (Gov. Code, § 66300(b)(1)(A).)
SB-8, which becomes effective January 2022,
clarified the definition of “concurrent” in the HCA
to mean the action is approved at the same
meeting of the legislative body. However, if the
action that would result in a net loss is requested
by an applicant for a housing project,
“concurrently” means “within 180 days.”

PRE-APPLICATION REVIEW (OPTIONAL)
Early consultation with the city is strongly
recommended since codes, standards and housing
requirements may apply to your project that could
affect the anticipated scope of a project. Although
it is not required, staff recommends applicants
informally discuss their preliminary review
application with Staff (P-14
) to obtain input PRIOR
to submitting a Preliminary Housing Development
(SB-330) Pre-Application (Form P-32).

This review could assist in scoping the
development project, may provide a road map for
what discretionary applications will be required,
and may raise important issues of concern as the
project design is developed. This will help further
streamline the review process, consistent with the
intent and purpose of the HCA.

YOUR OPTIONS FOR SERVICE
To schedule an appointment or to learn more about
this process, please contact the Planning Division at
760-602-4610 or via email at
[email protected]
.

Aug. 29, 2023
Item #5 Page 83 of 94
Community Development Department | 1635 Faraday Ave. | Carlsbad, CA 92008 | www.carlsbadca.gov SB-330 Housing Crisis Act
IB-132
CA Senate Bill 330 (SB-330) amended a number of
statutory provisions and added Gov. Code § 66300,
commonly referred to as the Housing Crisis Act of
2019 (HCA), which became effective on Jan. 1,
2020. This Info-Bulletin provides an overview of
how the HCA affects the city’s review and approval
of eligible housing developments. The bulletin has
been updated consistent with SB-8 (effective Jan.
1, 2022).

The following sections provide information on
some of the more important provisions of the HCA.

Code §§ 65582(j) and (h), 65650, Chapter 21.04
of the Carlsbad Municipal Code).

IB-133_SB330 Housing Crisis Act_11/2021 Page 2 of 4
(Form P-1(H)). The application needs to include
information and supporting documentation as
required in the SB-330 Pre-App (Gov. Code §
65941.1(a)), as well as payment of the permit fee;
charged as a “Preliminary Plan Review – Minor.”
The fee is $240 (FY 2021-22) but refer to the city’s
master fee schedule for the most current fees.

IB-133_SB330 Housing Crisis Act_11/2021 Page 3 of 4
approval of a Negative Declaration or a CEQA
Exemption, jurisdictions have 60 days to approve
or disapprove the project. (Gov. Code § 65950.)

IMPORTANT JURISDICTIONAL

Aug. 29, 2023
Item #5 Page 86 of 94

YOUR OPTIONS FOR SERVICE
To schedule an appointment or to learn more about
this process, please contact the Planning Division at
760-602-4610 or via email at
[email protected]
.

Aug. 29, 2023
Item #5 Page 87 of 94
Exhibit 10

City Council Resolution No 2021-073 adopting Housing
Element (on file in the Office of the City Clerk)

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Exhibit 11

City Council Resolution No. 2021-023 approving scope of services with RRM Design Group (on file in the Office of the City Clerk)

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Exhibit 12
Planning Commission staff report, dated July 19, 2023
(on file in the Office of the City Clerk)
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Exhibit 13
Planning Commission Resolution No. 7489 (on file in the Office of the City Clerk)
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Exhibit 14
Planning Commission minutes, dated July 19, 2023 (on
file in the Office of the City Clerk)
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Item #5 Page 92 of 94
From: Shon Finch
To: Shelley Glennon
Subject: RE: Citywide Objective Design Standards project - Comments due Monday June 19th Date: Monday, June 19, 2023 9:57:13 AM
Attachments: emailsignature-aboutfairfieldbutton-01_22e9699f-6b84-4dab-9f3c-db4ad3e39fd6.png Hi Shelley,
I am emailing to provide comments related to Carlsbad’s Draft Citywide Objective Design Standards.

The following comments are specific to how the proposed guidelines may impact high density development (40 du/acre).

Sec. 2 A. 2 – Does the term “neighborhood interaction” seek to have a project/community’s common recreational space open to the public (non-residents)? If so, a 30-40 du/acre development would have a difficult time satisfying this requirement.

Sec. 2 B. 4 – The intent of this section makes sense and is appropriate. For high density development, loading and service areas would include a resident move-in/out parking area and a trash pick-up staging area. Often, this type of development includes ground floor units around most of the building perimeter. This makes It challenging to find a service/loading area that is 50’ away from a unit. A little more flexibility would be helpful.

Sec. 2 E. 2. a. – The 10% floor area reduction (relative to the ground level) for all upper floors is very restrictive and punitive. If the intent of this requirement is to enhance building design and articulation, I think there are other options to achieve the same goal. Roof line variation, building face plane articulation and architectural elements are just a few effective enhancement options.

Please contact me if you have any questions or would like to discuss further.

Thank you
Shon Finch
Development Manager
5355 Mira Sorrento Place, Suite 100
San Diego, CA 92121
Office: 858.626.8263
Cell: 858.752.4122
fairfieldresidential.com
View important disclosures and information about our e-mail policies here.

CA DRE #01889456, CA DRE #02111582, License #2022-FBN-0018000 From: Shelley Glennon <[email protected]>
Sent: Thursday, June 15, 2023 11:56 AM
Subject: [EXTERNAL] Citywide Objective Design Standards project - Comments due Monday June Exhibit 15
Aug. 29, 2023
Item #5 Page 93 of 94
•
•
•
[ii
► ABOUT FAIRFIELD
19th
Hello:

Thank you to the stakeholders who were able to attend the stakeholder meeting on June 8, 2023.

Your comments are appreciated.

For all stakeholders, if you would like to submit written comments regarding the draft Citywide Objective Design Standards Project, please do so to me no later than the close of business on Monday June 19th.

If you have any questions, please let me know.

For more information, please visit the project website:
https://www.carlsbadca.gov/departments/community-development/planning/citywide-objective- design-standards
Thank you,
Shelley Esteybar Glennon
Associate Planner
Community Development Department
City of Carlsbad
1635 Faraday Ave.

Carlsbad, CA 92008
[email protected]
| www.carlsbadca.gov
442-339-2605 (office) | 442-339-2600 (general inquiries) [email protected] (general inquiries)
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Aug. 29, 2023
Item #5 Page 94 of 94
Tammy Cloud-McMinn
From:

Sent:

To:

Subject:

Anup Mehta <[email protected]>
Friday, August 25, 2023 12:11 PM
City Clerk
All ~eceive - Agenda Item n,S
For the Information of the:
£]~ COUNCIL
Dat~ CA v--- cc~
CM ✓ AC M ~ DC M( 3 ) L
August 29, 2023 City Council Meeting request to speak on Agenda Item 5 To: City Council Membe rs regarding Agenda Item 5, Citywide Objective Design Standards for Multifamily Housing We are adding density to our neighborhoods without thoughtful review of the water, sewer, and electrical capacity. Chinquapin Ave between Garfield and the tracks is t ransitioning from a primarily single family residence community to being more evenly split between single family and multi-family developments . We have multiple years of complaints to the city about sewage smells coming up through our pipes in the summer, and the street flooding when it rains. As we add to the volume of humans on the st reet there needs to be a consideration by the city to review the infrastructure to support these types of development projects. If developers are going to buy properties on residential streets and turn single family dwellings into multi -family units they should bear the cost of updating the infrastructure of the neighborhood to support their design plans.

I request to make this comment during the open comment period at the upcoming August 29, 2023 open City Council Meeting regarding Agenda Item 5
Anup Mehta
344 Chinquapin Avenue
Carlsbad, CA 92008
Cell: 617-686-0966

CONF IDENTIALITY AN D SECURITY NOTICE
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CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i 1 Agenda Item 5: Citywide
Objective Design Standards
Shelley Glennon, Associate Planner
Community Development
August 29, 2023
1 { City of
Carlsbad

MEETING AGENDA
• Background
• Citywide Objective Design Standards Manual
• Community Outreach
• Planning Commission Recommendation
2 Item 5: Citywide Objective Design Standards
{city of
Carlsbad
Village and
Barrio Master
Plan area
3 BACKGROUND - PROJECT AREA
Citywide Area
Item 5: Citywide Objective Design Standards
4 Limited/No
Hearings
SB 35,
SB 167 and
SB 330
limit city’s
discretion
Applies to
multifamily
& mixed-use
No changed
standards
Limited
options for
project denial
No subjective
standards
Objective
Design
Standards
Meet state
requirements
Housing
Element
Program 1.11
Community
Character
Item 5: Citywide Objective Design Standards
5 Multifamily Housing
Development
Mixed-Use Projects with 2/3
Residential
Multifamily Development
with GPA
Office/ Commercial/
Industrial ProjectsDuplexes

APPLICABLE

PROJECTS

NON-APPLICABLE PROJECTS
Single-Family Homes
Item 5: Citywide Objective Design Standards
ffiffi 0 fffi
0 0 0 0
~ ~
6 All Required
Objective
Standards
Objective
Development
Standards
Objective
Design
Standards
(max. height,
setbacks, etc.)

OBJECTIVE DESIGN AND DEVELOPMENT STANDARDS
Item 5: Citywide Objective Design Standards
7 Objective Design Standards Manual
Contents:

1. Introduction

2. Site Design Standards

3. Building Design Standards

4. Additional Mixed-Use Standards

5. Utilitarian Design Standards

6. Definitions
Item 5: Citywide Objective Design Standards
CITY COUNCIL POLICY STATEMENT NO. 44 AND 66
• Amend City Council Policy Statement No. 44
“Neighborhood Architectural Design”
• Rescind City Council Policy 66 “Development of
Livable Neighborhoods”
8 Item 5: Citywide Objective Design Standards
{city of
Carlsbad

INPUT OPPORTUNITIES
Online webinar June 8, 2023
Public review of May 18 -
draft standards June 19, 2023
Meeting with developers June 7, 2023
9 Item 5: Citywide Objective Design Standards
~
I I
( City of
Carlsbad
10 Item 5: Citywide Objective Design Standards
(
City of Carlsbad @carlsbadcagov · Jun 6
Propos ed "obj ective" design sta ndards for fut ure multifamily housing are ready for public review. Join us Thurs, 6/ 8 from 5- 6 pm for an inform ational webinar to learn about propo sed citywide obj ective design standards. Register: loom.ly/h91YEU8 #Carlsbad #Getlnvolved Join us for a webinar to learn about citywide objective design standards for multifamily projects
Preserving Carlsbad's unique community character is one of five goals in the City Council's 5-Year Strategic Plan. That's why the city is working with the community to update the language of design standards for apartments, condos and mixed-use projects.

Two draft proposals are now ready for public review.
• Qtw,iide objective design standards that would apply to all areas in Carlsbad outside of the Village and Barrio.
• A seRarate set of design standards and architectural styles specifically for the Village and Barrio, two of Carlsbad's oldest neighborhoods Webinar
Community members who would like to learn more about the citywide objective design standards are welcome to attend an informational webinar which will be held via Zoom on Thursday, June 8. '
Qtw,iide objective design standards virtual webinar
Thursday, June 8, 5 p.m.

Via Zoom
Register online
Feedback can be provided via mail or email through June 19, 2023, to Shelley Glennon
Associate Planner, Community Development
1635 Faraday Ave , Carlsbad, CA 92008
[email protected]
442-339-2605
{city of
Carlsbad

PLANNING COMMISSION RECOMMENDATION
11 On July 19th, 2023, the Planning Commission
recommended approval of the Citywide
Objective Design Standards project (7-0-0).

Item 5: Citywide Objective Design Standards

ENVIRONMENTAL
12 Project is exempt from the California Environmental
Quality Act (CEQA) under CEQA’s common sense
exemption, Section 15061(b)(3).

The project will not have a significant effect on the
environment.

Item 5: Citywide Objective Design Standards
• Help strengthen local design
regulations
• Ensures compatibility with existing
community character
• Reduce project costs/long timelines
• Encourage residential construction
for affordable and market-rate units

CONCLUSION
13 Item 5: Citywide Objective Design Standards
RJ:GHT
i
LETT
MA. TE.RIAL SCH IDULE
I ROOF . Bl.IL T UP & COMPOi5liT£ 9-i!NGLE
! WAU. -'STUCCO
l :All - BRICK VD<IEfR
4 TRIM • 2X OVER mJCGO
S R:AIJING, -t1ET
6 DEC-XJRATM • METAi!. /Ii._
7 RAflER T All$
8 WAU. - U\P S/IOING
9 Pl.0<IGI..ASS AAI..D«l :T 'RfQUlRED I.OCA.TION&
PER t.'IOIISE ~ l:IB'a JIUOTO $HEE'!' A-ll
• Introduce an ordinance amending Carlsbad Municipal Code (Title 21) • Adopt a resolution approving a Local Coastal Program amendment • Adopt a resolution approving amendments to City Council Policy Statement No. 44
• Adopt a resolution rescinding City Council Policy Statement No. 66

STAFF RECOMMENDATION
14 Item 5: Citywide Objective Design Standards
{city of
Carlsbad
Questions?
15 Item 5: Citywide Objective Design Standards
{city of
Carlsbad

Carlsbad City CouncilAugust 29, 2023

Carlsbad City Council
August 29, 2023