2024-02-06; City Council; 07; Adoption of Ordinance Nos. CS-465 and CS-466 2021-2029 Housing Element Rezoning Program

CA Review CKM
Meeting Date: Feb. 6, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Sheila Cobian, Legislative & Constituent Services Director [email protected], 442-339-2917
Subject: Adoption of Ordinance Nos. CS-465 and CS-466 2021-2029 Housing Element Rezoning Program
Districts: All
Reco
mmended Action
Adoption of the following:

1. “Ordinance
No. CS-465, an Ordinance of the City Council of the City of Carlsbad, California, amending the Zoning Ordinance and Zoning Map, Title 21 of the Carlsbad Municipal Code, to implement portions of objectives b, c, and d of Housing Element Program 1.1 (provide adequate s ites to accommodate the Regional Housing Needs Assessment (RHNA)), and objective b of Housing Element Program 1.3 (Alternative Housing
) for Map 1 (All Sites except sites 8 and 15, which are removed)”

2. “Ordinance No. CS-466, an Ordinance of the City Council of the City of Carlsbad, California, approving amendments to the Bressi Ranc h Master Plan, Fenton Carlsbad Center Specific Plan, Green Valley Master Plan, North County Plaza Specific Plan, and Westfield Carlsbad Specific Plan to implement portions of objectives b, c, and d of Housing Element Program 1.1 (provide adequate sites to accommodate the Regional Housing Needs Assessment (RHNA)), and objective b of Housing Element Program

1.3 (Alternative Housing)”
Ex
ecutive Summary
The City Council is being asked to adopt Ordinance Nos. CS-465 and CS-466. • Ordinance No. CS-465 amends the Zoning Ordinance and Zoning Map, Title 21 of the Carlsbad Municipal Code, to implement portions of the city’s Housing Element programs to provide adequate sites to accommodate regional housing needs and provide affordable housing.
• Ordinance No. CS-466 approves amendments to the Bressi Ranch Master Plan, Fenton Carlsbad Specific Plan, Green Valley Master Plan, North County Plaza Specific Plan, and Westfield Carlsbad Specific Plan to ensure consistency with the Zoning Ordinance and Zoning Map amendments.

Feb. 6, 2024
Item #7 Page 1 of 28

Explanation & Analysis
Ordinance Nos. CS-465 and CS-466 were introduced and first read at the City Council meeting held on Jan. 30, 2024. On a motion by Mayor Blackburn, seconded by Mayor Pro Tem Bhat- Patel, the City Council voted 5-0 to introduce Ordinance Nos. CS-465 and CS-466 amending the Zoning Ordinance and Zoning Map, Title 21 of the Carlsbad Municipal Code, to implement portions of objectives b, c, and d of Housing Element Program 1.1 and objective b of Housing Element Program 1.3 for Map 1 and amending the Bressi Ranch Master Plan, Fenton Carlsbad Center Specific Plan, Green Valley Master Plan, North County Plaza Specific Plan, and Westfield Carlsbad Specific Plan.

The second reading allows the City Council to adopt the ordinances. The ordinances shall be effective thirty days after their adoption for properties outside the coastal zone. For properties inside the coastal zone, the ordinances shall be effective thirty days after their adoption or upon Coastal Commission approval of LCPA 2022-0015, whichever occurs later.

The City Clerk shall certify the adoption of these ordinances and cause the full text of the ordinances or a summary of the ordinances 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 their adoption.

Fiscal Analysis
There is no direct fiscal impact associated with the recommended action. The requirement to build additional housing units in the city will generate additional revenue; however, the timing and amount of this revenue are difficult to predict, so it will be incorporated into the city’s budget on an annual basis.

Next Steps
The City Clerk’s Office will have the ordinances, or a summary of the ordinances, published in a newspaper of general circulation within 15 days following adoption of the ordinances.

Environmental Evaluation
A final environmental assessment/program environmental impact report (EIR) (State Clearinghouse No. 2022090339) relative to the Housing Element Implementation and Public Safety Element update has been prepared and the City Council has certified it with the approval of City Council Resolution No. 2024-14 The action before the City Council to adopt implementing ordinances directly related to the project considered in the EIR. This action was evaluated for environmental processing in accordance with the California Environmental Quality Act, (CEQA, Public Resources Code section 21000), and its implementing regulations (the CEQA Guidelines, Article 14 of the California Code of Regulations section 15000). No further environmental documentation is necessary, in accordance with CEQA Guidelines Section 15162(b).

Exhibits

1. Ordinance No. CS-465

2. Ordinance No. CS-466

Feb. 6, 2024
Item #7 Page 2 of 28
ORDINANCE NO. CS-465

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE ZONING ORDINANCE AND ZONING MAP , TITLE 21 OF THE

CARLSBAD MUNICIPAL CODE, TO IMPLEMENT PORTIONS OF OBJECTIVES B, C, AND D OF HOUSING ELEMENT PROGRAM 1.1 ( PROVIDE ADEQUATE SITES TO

ACCOMMODATE THE REGIONAL HOUSING NEEDS ASSESSMENT (RHNA)), AND OBJECTIVE B OF HOUSING ELEMENT PROGRAM 1.3 (ALTERNATIVE HOUSING) FOR MAP 1 (ALL SITES EXCEPT SITES 8 AND 15, WHICH ARE REMOVED) CASE NAME: HOUSING ELEMENT IMPLEMENTATION AND PUBLIC SAFETY

ELEMENT UPDATE
CASE NO: ZCA 202 2-0004/Z C 2022-0001/LCPA 2022-0015 (PUB 2022- 0010)

WHEREAS, the City Council adopted an update to the General Plan Housing Element on April 6, 2021; and
WHEREAS, on July 13, 2021, the State Department of Housing and Community Development certified the city’s adopted Housing Element as being in substantial compliance consistent with state housing law; and
WHEREAS, the certified Housing Element contains programs, further broken down into objectives, that identify specific actions the city must implement on an ongoing basis or by specific due dates; and WHEREAS, to implement Housing Element Program 1.1 (Provide Adequate Sites to Accommodate RHNA), and specifically objectives 1.1 b., 1.1 c. and 1.1 d.; and to implement Housing Element Program

1.3 (Alternative Housing), and specifically objective 1.3 b., the City Planner has prepared amendments to the Zoning Ordinance and Zoning Map (Title 21 of the Carlsbad Municipal Code) and to the Local Coastal Program (ZCA 202 2-0004/ZC 2022 -0001/LCPA 2022- 0015) 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 Oct ober 18, 2023, the Planning Commission held a duly noticed public hearing as prescribed by law to consider ZCA 2022-0004/ZC 2022-0001/LCPA 2022-0015; and WHEREAS the Planning Commission adopted Planning Commission Resolution s 7498 and 7499 recommending to the City Council that ZCA 2022-0004/ZC 2022-0001/LCPA 2022-0015 be approved; and WHEREAS, on December 7, 2023, the Airport Land Use Commission reviewed and found that the proposed Zone Code Amendment is conditionally consistent with the adopted McClellan-Palomar Airport Land Use Compatibility Plan; and
Exhibit 1
Feb. 6, 2024
Item #7 Page 3 of 28

WHEREAS the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider ZCA 2022-0004/ZC 2022-0001/LCPA 2022-0015; 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 2022-0004/ZC 2022-0001/LCPA 2022-0015.

NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that:

1. The above recitations are true and correct.

2. That the findings of the Planning Commission in Planning Commission Resolution No. 7498 and No. 7499 shall also constitute the findings of the City Council.

3. That Section 21.05.030 of the Carlsbad Municipal Code, being the Zoning Map, and the Local Coastal Program Zoning Map are amended as shown on the maps marked “Exhibit ZC 2022-0001/LCPA 2022-0015” dated October 18, 2023, attached hereto as Attachment A and made a part hereof.

4. That Ordinance CS-432 as adopted by the City Council on September 27, 2022, is pending Coastal Commission review and is incorporated into this ordinance.

5. That Section 21.16.010 A.1. of the Carlsbad Municipal Code is amended to read as follows:

21.16.010 Intent and purpose.

A. The intent and purpose of the R-3 multiple-family residential zone is to:

1. Implement the R -15 (Residential 11.5-15 du/ac) and R -23 (Residential 19 -23 du/ac) land use designations of the Carlsbad general plan; and

6. That Section 21.18.010 A.1. of the Carlsbad Municipal Code is amended to read as follows:

21.18.010 Intent and purpose.

A. The intent and purpose of the R-P residential-professional zone is to:

1. Implement the office and related commercial (O), R-15 (Residential 11.5-15 du/ac) and R- 23 (Residential 19-23 du/ac) land use designations of the Carlsbad general plan;

7. That Section 21.22.010 A. 1. of the Carlsbad Municipal Code is amended to read as follows:

21.22.010 Intent and Purpose.

A. The intent and purpose of the R-W residential waterway zone is to:

Feb. 6, 2024
Item #7 Page 4 of 28

1. Implement the R-23 (Residential 19-23 du/ac) land use designation of the Carlsbad general plan;

8. That Section 21.24.010 A.1 of the Carlsbad Municipal Code is amended to read as follows:

21.24.010 Intent and purpose.

A. The intent and purpose of the RD-M residential density-multiple zone is to:

1. Implement the R -8 (Residential 4 -8 du/ac), R- 15 (Residential 11.5 -15 du/ac), R- 23 (Residential 19 -23 du/ac), R- 30 (Residential 26.5 -30 du/ac), R- 35 (Residential 32.5-35 du/ac) and R-40 (Residential 37.5-40 du/ac) land use designations of the Carlsbad general plan; and

9. T hat the following use listings from Table A of Section 21.24.020 of the Carlsbad Municipal Code are amended to read as follows:

Use P CUP Acc
Dwelling, one-family (see notes 2, 3 and 7 below) (defined: Section 21.04.125) X Dwelling, two-family (see note 7 below; defined: Section 21.04.130) X Dwelling, multiple-family (see note 7 below; if the multiple-family dwelling is not subject to note 7, it shall be subject to Section 21.53.120 if more than 4 units are proposed; defined: Section 21.04.135)
X

10. That the notes following Table A of Section 21.24.020 of the Carlsbad Municipal Code are amended to read as follows by the revision of note 3 and the addition of note 7.

Notes:

3. Within the R-15, R-23, and R-30 land use designations, one -family dwellings are permitted when developed as two or more detached units on one lot provided the minimum density of the designation can be attained. In the R-35 and R-40 land use designations, one family dwellings are not permitted. Also, a single one -family dwelling shall be permitted on any legal lot that existed as of October 28, 2004, and which is designated and zoned for residential use, unless the lot has been rezoned by the City Council to meet RHNA requirements as detailed in the programs of the Housing Element, in which case it shall meet the minimum density of the designation. Any proposal to subdivide land or construct more than one dwelling shall be subject to the density and intent of the underlying residential land use designation.

7. H
ousing developments that contain a minimum of 20 percent affordability to lower -in come
households as required by Government Code section 65583(c)(1) and 65583.2(h) and that are on specific sites rezoned by the City Council to meet RHNA requirements as detailed in the programs of the Housing Element shall be permitted “by right” as that term is defined in Government Code Section 65583.2(h) and shall be subject to the mitigation measures of Supplemental Environmental Impact Report EIR 2022-0007, certified by City Council Resolution 202X-XXX.

Feb. 6, 2024
Item #7 Page 5 of 28

11. That Section 21.24.030 of the Carlsbad Municipal Code is amended to read as follows:

21.24.030 Building Height
No building shall exceed a height of thirty-five feet. When the RD-M zone implements the R-35 and R-40 land use designations, no building shall exceed a height of forty -five feet. In all designations RD- M implements, protrusions may exceed the maximum heights permitted as described in Section 21.46.020.

12. That Section 21.24.040 of the Carlsbad Municipal Code is amended to read as follows:

21.24.040 Front yard.

Every lot shall have a front yard of not less than ten feet in depth. However, a front yard of not less than twenty feet in depth shall be provided to carport or garage openings that face onto the front yard.

13. That Section 21.24.050 of the Carlsbad Municipal Code is amended to read as follows:

21.24.050 Side yard.

A. Every lot shall have a side yard as follows:

1. Interior lots shall have a side yard on each side of the lot of not less than five feet in width;

2. Corner lots and reversed corner lots shall have side yards as follows:
a. On the side lot line which adjoins another lot, the side yard shall be the same as that required on an interior lot, and
b. On any side of a lot which is adjacent to a street, the side yard shall be ten feet.

14. That Section 21.24.080 of the Carlsbad Municipal Code is amended to read as follows:

21.24.080 Yards—Structures over thirty-five feet in height.

The above specified yard requirements apply only to those structures up to a height of thirty-five feet and to those structures when the RD -M Zone implements the R -35 and R-40 land use designations. For any other structure which has had its height increased by approval of a specific plan, the yards shall be increased at a ratio of one and one- half additional foot horizontally, for each eight feet of vertical construction. (Ord. NS-718 § 14, 2004)

15. That Section 21.24.100 B. of the Carlsbad Municipal Code is amended to read as follows:

21.24.100 Lot area.

B. The minimum lot area of a lot in the RD-M zone, when the zone implements the R-15, or R-23, R- 30, R-35 or R -40 land use designations, shall not be less than ten thousand square feet, except that the joining of two smaller lots shall be permitted although their total area does not equal the required lot area. (Ord. NS-718 § 14, 2004)
Feb. 6, 2024
Item #7 Page 6 of 28

16. That Section 21.24.110 of the Carlsbad Municipal Code is amended to read as follows:

21.24.110 Lot coverage.

All buildings, including accessory buildings and structures, shall cover no more of the lot than sixty percent. In the R -35 and R -40 land use designations, all buildings, including accessory buildings and structures, shall cover no more than seventy-five percent of the lot.

17. That Table A of Section 21. 45.040 of the Carlsbad Municipal Code is amended to reflect the renumbering of notes in Table A and in the note list following the table due to the addition of note 5:

Zone Residential Use
One-Family Dwelling or Twin-Home on Small
Lots (one unit per lot) Condominium Project
R-1 (1) or (4) One-family dwellings - (3) or (4)
Two-family dwellings - (1) or (4)
Multiple-family dwellings - (4)
R-2 P One-family or two-family dwellings - P
Multiple-family dwellings - (2) or (4)
R-3 P P
RD-M P(5) P

R-W X P
R-P (6) (7)

RMHP P P
P-C (8) (8)
V-B (9) (9)
Accessory
Uses (10) (10)

Notes:
(1) Permitted when the project site is contiguous to a higher intensity land use designation or zone, or an existing project of comparable or higher density.

(2) Permitted when the proposed project site is contiguous to a lot or lots zone R -3, R-T, R-P, C-1, C-2, C- M or M, but in no case shall the project site consist of more than one lot nor be more than 90 feet in width, whichever is less.
(3) Permitted when developed as two or more detached units on one lot.

Feb. 6, 2024
Item #7 Page 7 of 28

(4) Permitted when the project site contains sensitive biological resources as identified in the Carlsbad Habitat Management Plan. In the case of a condominium project, attached or detached units may be permitted when the site contains sensitive biological resources. (5) One-family dwellings or twin -homes on small lots (one unit per lot) are not permitted in the RD -M Zone when it implements the R-35 or R-40 land use designation. (6) Permitted when the R-P zone implements the R-15 land use designation. (7) Permitted when the R-P zone implements the R-15 or R-23 land use designations. (8) Permitted uses shall be consistent with the master plan. (9) Refer to the Village and Barrio master plan for permitted uses. (10) Refer to Table F for permitted accessory uses.

18. That the text in reference number rows “C.9” and “C.12” of Table C of Section 21.45.060 of the Carlsbad Municipal Code is amended to reflect the updated General Plan designations:

REF.

NO. SUBJECT DEVELOPMENT STANDARD
C.9
Community
Recreational
Space(1)
Community recreational space shall be provided for all projects of 11 or more dwelling units, as follows:

Minimum community
recreational space
required
Project is NOT within R-23,
R-30, R-35 or R-40 general
plan designations
200 square feet per unit
Project IS within R-23, R-
30, R-35 or R-40 general
plan designation
150 square feet per unit
Projects with 11 to 25
dwelling units
Community recreational space shall be provided as
either (or both) passive or active recreation facilities.

C.12
Recreational
Vehicle (RV)
Storage(1)
Required for projects with 100 or more units, or a master or specific plan with 100 or more planned development units. Exception: RV storage is not required for projects located within the R-15, R-23, R-30, R-35 or R-40 land use designations. 20 square feet per unit, not to include area required for driveways and approaches.

Developments located within master plans or residential specific plans may have this requirement met by the common RV storage area provided by the master plan or residential specific plan.

RV storage areas shall be designed to accommodate recreational vehicles of various sizes (i.e. motorhomes, campers, boats, personal watercraft, etc.).

The storage of recreational vehicles shall be prohibited in the front yard setback and on any public or private streets or any other area visible to the public. A Feb. 6, 2024
Item #7 Page 8 of 28

provision containing this restriction shall be included in the covenants, conditions and restrictions for the project. All RV storage areas shall be screened from adjacent residences and public rights-of-way by a view-obscuring wall and landscaping.

19. That the text in reference number rows “E.4,” “E.5,” “E.7,” and “E.8” of Table E of Section

21.45.080 of the Carlsbad Municipal Code is amended to reflect the updated General Plan designations:

REF.

NO. SUBJECT DEVELOPMENT STANDARD
E.4
Maximum
Building
Height
Same as required by the underlying zone, and not to exceed three stories(1), (7)

Projects within
the R-23 and R-
30 general plan
designations(1),
(7)
40 feet, if roof pitch is 3:12 or greater
35 feet, if roof pitch is less than 3:12
Building height shall not exceed three stories
Projects within
the R-35 and R-
40 designations(7)
45 feet, if roof pitch is 3:12 or greater 40 feet, if roof pitch is less than 3:12

Building height shall not exceed four stories
E.5
Minimum
Building
Setbacks
From a private
or public
street(2), (3)
Residential structure 10 feet
Direct entry garage 20 feet
From a drive-
aisle(4)
Residential structure
(except as specified below)
5 feet, fully landscaped (walkways
providing access to dwelling entryways
may be located within required
landscaped area)
Residential structure
directly above a garage
0 feet when projecting over the front of a
garage.

Garage
3 feet
Garages facing directly onto a drive-aisle
shall be equipped with an automatic
garage door opener.
0 feet (residential structure and garage)
Feb. 6, 2024
Item #7 Page 9 of 28

Projects of 25 units or less
within the R-15, R-23, R-30,
R-35, and R-40 general plan
designations
Garages facing directly onto a drive-aisle
shall be equipped with an automatic
garage door opener.

Balconies/decks
(unenclosed and
uncovered)
0 feet
May cantilever over a drive-aisle,
provided the balcony/deck does not
impede access and complies with all other
applicable requirements, such as:
• Setbacks from property lines
• Building separation
• Fire and Engineering Department
requirements
From the
perimeter
property lines
of the project
site (not
adjacent to a
public/private
street)
The building setback from an interior side or rear perimeter property line shall be the same as required by the underlying zone for an interior side or rear yard setback.

E.7 Resident
Parking(6)
All dwelling
types
If a project is located within the R-23, R-30, R-35 or R-40 general plan designations, resident parking shall be provided as specified below, and may also be provided as follows:
• 25% of the units in the project may include a tandem two-car garage (minimum 12 feet × 40 feet).
• Calculations for this provision resulting in a fractional unit may be rounded up to the next whole number.

One-family and
two-family
dwellings
2 spaces per unit, provided as either:
• a two-car garage (minimum 20 feet × 20 feet), or
• 2 separate one-car garages (minimum 12 feet × 20 feet each) • In the R-W Zone, the 2 required parking spaces may be provided as 1 covered space and 1 uncovered space(5)
Multiple-family
dwellings
Studio and one-bedroom
units

1.5 spaces per unit, 1 of which must be
covered(5)
When calculating the required number of
parking spaces, if the calculation results in
a fractional parking space, the required
number of parking spaces shall always be
Feb. 6, 2024
Item #7 Page 10 of 28

rounded up to the nearest whole
number.

Units with two or more
bedrooms
2 spaces per unit, provided as either:
• a one-car garage (12 feet × 20 feet)
and 1 covered or uncovered space; or(5)
• a two-car garage (minimum 20 feet ×
20 feet), or
• 2 separate one-car garages (minimum
12 feet × 20 feet each)
• In the R-W Zone and the Beach Area
Overlay Zone, the 2 required parking
spaces may be provided as 1 covered
space and 1 uncovered space(5)
Required parking may be provided within an enclosed parking garage with multiple, open parking spaces, subject to the following:
• Each parking space shall maintain a standard stall size of 8.5 feet by 20 feet, exclusive of supporting columns; and
• A backup distance of 24 feet shall be maintained in addition to a minimum 5 feet turning bump-out located at the end of any stall series.

Required resident parking spaces shall be located no more than 150 feet as measured in a logical walking path from the entrance of the units it could be considered to serve.

E.8
Private
Recreational
Space
One-family,
two-family,
and multiple-
family
dwellings
Required private recreational space shall be designed so as to be functional, usable, and easily accessible from the dwelling it is intended to serve.

Required private recreational space shall be located adjacent to the unit the area is intended to serve.

Required private recreational space shall not be located within any required front yard setback area, and may not include any driveways, parking areas, storage areas, or common walkways.

One-family
and two-family
dwellings
Minimum total area per
unit
Projects not within
the R-15, R-23, or R-
30 general plan
designations
400 square feet
Projects within the
R-15, R-23 or R-30
general plan
designations
200 square feet
Feb. 6, 2024
Item #7 Page 11 of 28

May consist of more than one recreational space.

May be provided at ground level and/or as a deck/balcony or roof deck.

If provided at ground level
Minimum dimension
Not within
the R-15, R-
23 or R-30
general plan
designations
15 feet
Within the
R-15, R-23 or
R-30 general
plan
designations
10 feet
Shall not have a slope gradient greater
than 5%.

Attached solid patio covers and
decks/balconies may project into a
required private recreational space,
subject to the following:
• The depth of the projection shall not
exceed 6 feet (measured from the wall of
the dwelling that is contiguous to the
patio/deck/balcony).
• The length of the projection shall not
be limited, except as required by any
setback or lot coverage standards.

Open or lattice-top patio covers may be
located within the required private
recreation space (provided the patio cover
complies with all applicable standards,
including the required setbacks).

If provided above ground
level as a deck/balcony or
roof deck
Minimum dimension 6 feet
Minimum area 60 square feet
Multiple-family
dwellings
Minimum total area per unit
(patio, porch, or balcony) 60 square feet
Minimum dimension of
patio, porch or balcony 6 feet
Feb. 6, 2024
Item #7 Page 12 of 28

Projects of 11 or more units that are within the R-23, R-30, R-35, and R-40 general plan designations may opt to provide an additional 75 square feet of community recreation space per unit (subject to the standards specified in Table C of this chapter), in lieu of providing the per unit private recreational space specified above.

20. That Section 21.90.045 of the Carlsbad Municipal Code is amended to reflect the addition of text describing growth management control points and that the table titled “Allowed Dwelling Units Per Acre” within Section 21.90.045 is amended with updates to the General Plan Density Ranges:

21.90.045 Growth management residential control point established.

In order to ensure that residential development does not exceed those limits established in the general plan, the following growth management control points are established for the residential density ranges of the land use element.

These growth management control points help the city reasonably estimate potential dwelling unit yields for purposes of determining the future public facility needs of new development.

Allowed Dwelling Units Per Acre
General Plan Density Ranges Growth Management Control Point R 1.5 0—1.5 1.0
R-4 0—4.0 3.2
R-8 4.0—8.0 6.0
R-15 11.5—15.0 11.5
R-23 19.0—23.0 19.0
R-30 26.5—30.0 26.5
R-35 32.5—35 32.5
R-40 37.5—40 37.5

21. That new Section 21.90.200 of the Carlsbad Municipal Code, is added to read as follows:

21.90.200 State law preemption
Notwithstanding above sections to the contrary, including but not necessarily limited to s ections

21.90.010, 21.90.045, 21.90.180, and 21.90.185, state legislation (SB 166, and SB 330, the Housing Crisis Act of 2019) preempt the city from implementing residential growth management plan caps, residential quadrant limits and residential control points. As a result, the City Council passed Resolution 2021-074 finding that it cannot and will not enforce these residential caps, quadrant limits, and control points.

Feb. 6, 2024
Item #7 Page 13 of 28
EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES OUTSIDE THE COASTAL ZONE:

This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.

EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES INSIDE THE COASTAL ZONE:

This ordinance shall be effective thirty days after its adoption or upon Coastal Commission approval of LCPA 2022-0015, 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 30th day of January, 2024, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 6th day of February, 2024, by the following vote, to wit:

AYES:

NAYS:

Blackburn, Bhat-Patel, Acosta, Burkholder.

None.

ABSTAIN: None.

ABSENT: Luna.

APPROVED AS TO FORM AND LEGALITY:
� /l. �
CINDIE K. McMAHON, City Attorney
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Feb. 6, 2024 Item #7 Page 14 of 28
Exhibit “ZC 2022-0001/LCPA 2022-0015”
October 18, 2023
Site 1 – NORTH COUNTY PLAZA
Zoning Map Designation Change
Property APN From: To:

A. 156-301-16-00 C-2-Q/OS C-2-Q/RD-M/OS
Attachment A
Feb. 6, 2024
Item #7 Page 15 of 28

OCEANSIDE
------------
es

EXISTING

OCEANSIDE
-----------
©S

PROPOSED

Exhibit “ZC 2022-0001”
October 18, 2023
Site 2 – THE SHOPPES AT CARLSBAD PARKING LOT

Zoning Map Designation Change
Property APN From: To:

A. 156-301-11-00 C-2/OS C-2/RD-M/OS
B. 156-302-14-00 C-2 C-2/RD-M
C. 156-302-35-00 C-2 C-2/RD-M
D. 156-301-06-00 C-2 C-2/RD-M
E. 156-301-01-00 C-2 C-2/RD-M
F. 156-302-23-00 C-2 C-2/RD-M
G. 156-302-17-00 C-2 C-2/RD-M

Feb. 6, 2024
Item #7 Page 16 of 28

PLAZA CAMINO REA L DY

OCEANSIDE

PLAZA CAMINO REA L DY

OCEANSIDE
Site 2

PROPOSED
Exhibit “ZC 2022-0001”
October 18, 2023
Site 3 – CHESTNUT AT EL CAMINO REAL PARCEL
Zoning Map Designation Change
Property APN From: To:

A. 167-080-34-00 R-1-10000 RD-M
B. 167-080-49-00 R-1-10000 RD-M
C. 167-080-50-00 R-1-10000 RD-M
Feb. 6, 2024
Item #7 Page 17 of 28
fJ
RD-M f'
'?-'ii

EXISTING

PROPOSED
Exhibit “ZC 2022-0001”
October 18, 2023
Site 4 – ZONE 15 CLUSTER
Zoning Map Designation Change
Property APN From: To:

A. 209-060-72-00 R-1/OS RD-M/OS
B. 209-090-11-00 RD-M/C-L RD-M
Feb. 6, 2024
Item #7 Page 18 of 28

IPROPOSE
Exhibit “ZC 2022-0001/LCPA 2022-0015”
October 18, 2023
Site 5 – AVENIDA ENCINAS CAR STORAGE LOT
Zoning Map Designation Change
Property APN From: To:

A. 210-090-24-00 P-M RD-M
Feb. 6, 2024
Item #7 Page 19 of 28

EXISTING

PROPOSED
Exhibit “ZC 2022-0001/LCPA 2022-0015”
October 18, 2023
Site 6 – CROSSINGS GOLF COURSE LOT 5
Zoning Map Designation Change
Property APN From: To:

A. 212-270-05-00 P-M/O RD-M
Feb. 6, 2024
Item #7 Page 20 of 28

EXISTING
!PROPOSED
Exhibit “ZC 2022-0001”
October 18, 2023
Site 7 – SALK AVENUE PARCEL
Zoning Map Designation Change
Property APN From: To:

A. 212-021-04-00 O RD-M
Feb. 6, 2024
Item #7 Page 21 of 28

EXIISTING

PROPOSED
Exhibit “ZC 2022-0001”
October 18, 2023
Site 12 – INDUSTRIAL SITES EAST OF MELROSE DRIVE
General Plan Map Designation Change
Property APN From: To:

A. 221-015-08-00 P-M RD-M
B. 221-014-03-00 P-M RD-M
Feb. 6, 2024
Item #7 Page 22 of 28

EXISTING
RD-M
Site 12

PROPOSED
Exhibit “ZC 2022-0001/LCPA 2022-0015”
October 18, 2023
Site 16 – CALTRANS MAINTENACE STATION AND PACIFIC SALES Zoning Map Designation Change
Property APN From: To:

A. 211-050-08-00 R-A-10000 RD-M
B. 221-050-09-00 C-2 RD-M
Feb. 6, 2024
Item #7 Page 23 of 28
~ -= er
0 z
....I
w
0 0
w
(fl
it.
~
0::
0 ~~
z
....I
w
0 0 w
(J)
cf
C-2

EXISTING

PROPOSED
Exhibit “ZC 2022-0001/LCPA 2022-0015”
October 18, 2023
Site 17 – NCTD POINTSETTIA COASTER STATION
Zoning Map Designation Change
Property APN From: To:

A. 214-150-08-00 RD-M-Q RD-M-Q/T-C-Q
B. 214-150-20-00 RD-M-Q RD-M-Q/T-C-Q
Feb. 6, 2024
Item #7 Page 24 of 28

PROPOSED
Exhibit “ZC 2022-0001/LCPA 2022-0015”
October 18, 2023
Site 18 – NORTH PONTO PARCELS
General Plan Map Designation Change
Property APN From: To:

A. 216-010-01-00 C-2 RD-M
B. 216-010-02-00 C-2 RD-M
C. 216-010-03-00 C-2 RD-M
D. 216-010-04-00 C-2 RD-M
E. 216-010-05-00 C-2 RD-M
Feb. 6, 2024
Item #7 Page 25 of 28
()
"
e . (t
~
0 z
% a
t>
0 ;o
'?-
es
P-0

EXISTING
-0 ec
() 0
~
z
cl '& 0
t>
;o
r
G>S
e-e

PROPOSED
ORDINANCE NO. CS-466
AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,

APPROVING AMENDMENTS TO THE BRESSI RANCH MASTER PLAN, FENTON

CARLSBAD CENTER SPECIFIC PLAN, GREEN VALLEY MASTER PLAN, NORTH

COUNTY PLAZA SPECIFIC PLAN, AND WESTFIELD CARLSBAD SPECIFIC PLAN TO

IMPLEMENT PORTIONS OF OBJECTIVE S B, C, AND D OF HOUSING ELEMENT PROGRAM 1.1 (PROVIDE ADEQUATE SITES TO ACCOMMODATE THE REGIONAL

HOUSING NEEDS ASSESSMENT ( RHNA)), AND OBJECTIVE B OF HOUSING ELEMENT PROGRAM 1.3 (ALTERNATIVE HOUSING)
CASE NAME: HOUSING ELEMENT IMPLEMENTATION AND PUBLIC SAFETY

ELEMENT UPDATE
CASE NO: AME ND 2023-0008/AMEND 2023 -0009/AMEND 2023 - 0010/AMEND 2023- 0011/AMEND 2023- 0012/LCPA 2022-
0015 (PUB 2022-0010)
WH
EREAS, the City Council adopted an update to the General Plan Housing Element on April 6, 2021; and
WHEREAS, on July 13, 2021, the State Department of Housing and Community Development certified the city’s adopted Housing Element as being in substantial compliance consistent with state housing law; and
WHEREAS, the certified Housing Element contains programs, further broken down into objectives, that identify specific actions the city must implement on an ongoing basis or by specific due dates; and WHEREAS, to implement Housing Element Program 1.1 (Provide Adequate Sites to Accommodate RHNA), and specifically objectives 1.1 b., 1.1 c. and 1.1 d.; and to implement Housing Element Program

1.3 (Alternative Housing), and specifically objective 1.3 b., the City Planner has prepared amendments to the Bressi Ranch Master Plan, Fenton Carlsbad Center Specific Plan, Green Valley Master Plan, North County Plaza Specific Plan, and Westfield Carlsbad Specific Plan and to the Local Coastal Program (AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023-0011/AMEND 2023-0012/LCPA 2022- 0015) pursuant to Chapters 21.38, 21.52 and 21.54 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 Oct ober 18, 2023, the Planning Commission held a duly noticed public hearing as prescribed by law to consider AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023- 0011/AMEND 2023-0012/LCPA 2022-0015; and
Exhibit 2
Feb. 6, 2024
Item #7 Page 26 of 28

WHEREAS the Planning Commission adopted Planning Commission Resolution 7499 recommending to the City Council that AMEND 2023- 0008/AMEND 2023 -0009/AMEND 2023 - 0010/AMEND 2023-0011/AMEND 2023-0012/LCPA 2022-0015 be approved; and WHEREAS, as required by state law, a six -week notice of availability was issued for LCPA 2022 - 0015 from October 13, 2023 to November 24, 2023, and no comments were received; and WHEREAS, on December 7, 2023, the Airport Land Use Commission reviewed and found that the proposed amendments to the Bressi Ranch Master Plan (AMEND 2023-0008) and Fenton Carlsbad Center Specific Plan (AMEND 2023-0009), both of which are within the Airport Influence Area of the adopted McClellan-Palomar Airport Land Use Compatibility Plan, are conditionally consistent with said plan; and WHEREAS the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider AMEND 2023 -0008/AMEND 2023 -0009/AMEND 2023- 0010/AMEND 2023 - 0011/AMEND 2023-0012/LCPA 2022-0015; 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 AMEND 2023 -0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023- 0011/AMEND 2023-0012/LCPA 2022-0015.

NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that:

1. The above recitations are true and correct.

2. That the findings of the Planning Commission in Planning Commission Resolution 7499 shall also constitute the findings of the City Council.

3. That the Bressi Ranch Master Plan, Fenton Carlsbad Center Specific Plan, Green Valley Master Plan, North County Plaza Specific Plan, and Westfield Carlsbad Specific Plan are amended as shown on the attached exhibit “ AMEND 2023 -0008/AMEND 2023- 0009/AMEND 2023- 0010/AMEND 2023- 0011/AMEND 2023- 0012, HOUSING ELEMENT

IMPLEMENTATION AND PUBLIC SAFETY ELEMENT UPDATE, PRPOOSED MASTER PLAN AND SPECIFIC PLAN AMENDMENTS” dated October 18, 2023, hereto as Attachment A and made a part hereof.

EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES OUTSIDE THE COASTAL ZONE :

This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the Feb. 6, 2024
Item #7 Page 27 of 28
City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.

EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES INSIDE THE COASTAL ZONE:

AYES:

NAYS:

Blackburn, Bhat-Patel, Acosta, Burkholder.

None.

ABSTAIN: None.

ABSENT: Luna.

APPROVED AS TO FORM AND LEGALITY:
�/( �
CINDIE K. McMAHON, City Attorney
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Feb. 6, 2024 Item #7 Page 28 of 28
Tammy Cloud-McMinn
From:

Sent:

To:

Subject:

Carlsbad City Council Members
George Skinner <[email protected]>
Tuesday, February 6, 2024 1 :49 PM
City Clerk
Comments re agenda items 6 & 7
All Receive - Agenda Item # U?:J-7
For the Information of the:

CITY COUNCIL
Date:2./tJP/ CA __::::-cc _:::

CM ✓ ACM ✓-' DCM (3) _;;;;;-
I attended the meeting last week re. rezoning and was very concerned re the lack of information from City staff on some of the topics .discussed. Seeing agenda items 6 and 7 are adding to my concerns and those of my neighbors here in SeaGrove.

To keep it brief , re:
6) Negotiating with NCTD re parking in the Village including the Train Station I'm sure you recall there was a lot of commentary from your constituents last week re increasing traffic and shortage of parking within the Village. The City Traffic Planner was asked how he determined that Carlsbad had sufficient infrastructure to handle all of the new development proposed. His answer was that the analysis was done on a macro level for the entire city and not specifically for any of the sites. In what world is that an adequate response? Is this the same team that will be negotiating with NCTD? Hope to learn more tonight . 7) Acceptance of the rezoning proposals.

I believe it was Melanie Bukholder who asked where the housing units removed in siets 8 and 15 were going to be reallocated . She asked specifically if they were planning to add these to sites 14 and 17 (the rail stations).The City Planner would not answer so I expect that is the plan, as NCTD wants to maximize the density at those sites. Also I asked what number of units the city plans for in Site 14, as the density numbers and acreage quoted are conflicting.These questions needed to be answered before your vote last week.

I have to add that the City has approved many projects in the past that conflict with the Village theme. Seaglass on State is a prime example; it is such a poor design that the builder can not even sell some of these units. Ocean 17 has flooding issues even before our recent rains. The grotesque box approved 6 years ago for the corner of State and Carlsbad Village Drive was vqted down by the Council only after a public outcry. Now the developer is back with another 45' plus version that does not remotely fit our village. Is there a point to having height and lot line restrictions if no common sense is used re the actual design and fit of the buildings ..

Thanks for your attention, and hoping for answers!
George Skinner
SeaGrove
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content i 1

Carlsbad City CouncilFebruary 6, 2024

Carlsbad City Council
February 6, 2024