2025-05-13; City Council; 09; California Coastal Commission’s suggested modifications to the Citywide Objective Design Standards

CA Review CKM
Meeting Date: May 13, 2025
To: Mayor and City Council
From: Geoff Patnoe, City Manager
Staff Contact: Shelley Glennon, Associate Planner
[email protected], 442-339-2605
Subject: California Coastal Commission’s suggested modifications to the Citywide Objective Design Standards
Districts: All
Rec
ommended Action
1) Hold a public hearing; and
2) Introduce an ordinance acknowledging receipt of and approving the California Coastal Commission’s suggested modifications to the Local Coastal Program (Zoning Ordinance) for ZCA 2020-0003/LCPA 2020-0007 (Exhibit 1).

Executive Summary
The City Council approved new citywide objective design standards for multifamily housing and mixed-use development projects on Aug. 29, 2023. The standards establish the minimum requirements for building design and layout of new multifamily and mixed-use projects proposed anywhere within the city except for the Village & Barrio Master Plan area. (Objective design standards for that area were developed, considered and approved by the City Council in a separate action.)
The new design standards have been in effect in areas outside the Coastal Zone since November 2023. For the standards to be applied in the Coastal Zone, which covers slightly more than two- thirds of the city, an amendment to the city’s Local Coastal Program, the planning document for the area, must first be approved by the California Coastal Commission.

A Local Coastal Program amendment was included as part of the City Council’s action on Aug. 29, 2023, and it was submitted for California Coastal Commission consideration on Oct. 31, 2023. The Coastal Commission considered the city’s amendment and approved the proposed design standards with minor modifications on Feb. 6, 2025.

The City Council is being asked to consider and approve the California Coastal Commission’s changes so that they can become effective. Adoption of the standards are a requirement in the city’s adopted 2021-2029 Housing Element the part of the General Plan that addresses housing needs, and with this City Council action, the city will have satisfied this requirement.

May 13, 2025
Item #9 Page 1 of 32
Explanation & Analysis
Background
Among other things, there are policies, programs and objectives within the city’s certified 2021- 2029 Housing Element that require the city to transition away from land use regulations and standards that are considered “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 public and are uniformly understood and applied. Specifically, the Housing Element’s Program 1.11 requires the development of objective design standards for multifamily housing and mixed-use projects.

To satisfy this requirement, the City Council on Aug. 29, 2023, approved amendments to the city’s Zoning Ordinance and Local Coastal Program adopting objective design standards. In short, the amendments established new objective standards involving site design, building design and composition of mixed-use development. For more information regarding the standards, refer to Exhibit 2.

The new standards have been effective in areas outside the Coastal Zone and the Village & Barrio Master Plan area since Nov. 13, 2023. For the new standards to be effective within the Coastal Zone, the California Coastal Commission had to review and approve the city’s Local Coastal Program amendment.

Coastal Commission proposed modifications
The city submitted its Local Coastal Program amendment to the California Coastal Commission for certification on Oct. 31, 2023,. After review and consideration, the Coastal Commission approved the amendment on Feb. 6, 2025, with certain modifications (Exhibit 5), as summarized below:
• Ad
ded language clarifying that development within the Coastal Zone shall comply with all applicable objective standards within the Carlsbad Local Coastal Program • Added the latest City Council adoption date of the Multifamily Housing and Mixed-Use Development Objective Design Standards Manual (the “Design Manual”), to ensure the most current design manual is being implemented
• Added language clarifying that the Local Coastal Program’s objective standards shall prevail if in conflict with the standards listed in the accompanying Design Manual • Added objective language to lighting requirements that provides stricter standards for projects adjacent to existing and proposed preserve areas within the Coastal Zone • Added language to the definition of “fully shielded” to make it consistent with other Coastal Commission lighting standards elsewhere
Staff have r eviewed and considered the modifications and recommend that the City Council adopt the California Coastal Commission’s suggested modifications as presented. If the City Council does not adopt the Coastal Commission’s suggested modifications, Ordinance No. CS-457, the objective design standards, will not become effective in the Coastal Zone. The Coastal Commission’s suggested modifications are shown in strikeout/underlined format in Exhibit 4.

May 13, 2025
Item #9 Page 2 of 32
Housing Element and state restrictions
Each jurisdiction must identify specific programs in its housing element that will be implemented over a planning period to implement the stated policies and achieve the stated goals and objectives. The city’s adoption of the Housing Element on April 6, 2021, which includes Housing Element Program 1.11 “Objective Design Standards,” and subsequent certification from the California Department of Housing and Community Development, requires the amendments approved in Ordinance No. CS-457 (Exhibit 3).

The City Council may approve or deny the California Coastal Commission’s suggested modifications; however, a denial will mean the original changes adopted by the City Council in 2023 will not go into effect in the Coastal Zone. Failure to have objective design standards in the Coastal Zone means the city runs the risk of not meeting its Housing Element commitments and complying with certain state housing laws.

Assembly Bill 72, which passed in 2017 and is reflected in California Government Code Section 65585, authorized the Department of Housing and Community Development to review “any action or failure to act” by a city that it determines “inconsistent” with the city’s adopted housing element or California 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 the Department of Housing and Community Development determines that the city’s action or failure to act does not “substantially comply” with the state Housing Element Law, or the city’s adopted Housing Element as certified by the state, then the department may revoke that certification until it determines that the city has come into compliance.

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

Next Steps
Staff will present the ordinance for second reading and the City Council’s approval at the next City Council meeting. Staff will then submit evidence to the California Coastal Commission that the suggested modifications were received and acted on by the City Council.

At the next regularly scheduled Coastal Commission hearing, the Executive Director of the Coastal Commission is to report the commission’s determination that the suggested modifications have been implemented. The amendments to the Zoning Ordinance and Local Coastal Program amendments, as approved by Ordinance No. CS-457 and amended by the suggested modifications, will become effective immediately after the Executive Director’s report to the Coastal Commission.

Environmental Ev
aluation
Prior to final action by the decision-making body on the project, an environmental determination shall be made by the appropriate decision-makers as part of the approval action to ensure agency compliance with the California Environmental Quality Act (CEQA). Staff have reviewed the scope of the project and determined the proposed action to make minor modifications to existing objective standards within Carlsbad Municipal Code Title 21, Chapter 21.88 “Multifamily and Mixed-Use Development – Objective Design Standards,” is exempt from environmental review under CEQA Guidelines Sections 15061(b)(3) and 15378(b)(5) as it can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment. A draft Notice of Exemption is included as Exhibit 5. This must be reviewed and considered prior to approval of the project. The draft Notice of Exemption demonstrates that the project qualifies for the exemption.

May 13, 2025
Item #9 Page 3 of 32
Exhibits

1. City Council ordinance

2. City Council staff report, dated Aug. 29, 2023 (on file in the Office of the City Clerk)

3. City Council Ordinance No. CS-457 (on file in the Office of the City Clerk)

4. Coastal Commission’s suggested modifications approval letter, dated Feb. 21, 2025

5. Coastal Commission suggested modifications staff report, dated Jan. 23, 2025

6. Draft notice of CEQA exemption
May 13, 2025
Item #9 Page 4 of 32
Exhibit 1
ORDINANCE NO. CS-493
AN O

RDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,

CALIFORNIA, ACKNOWLEDGING RECEIPT OF AND APPROVING THE
CALIFORNIA COASTAL COMMISSION’S SUGGESTED MODIFICATIONS TO THE LOCAL COASTAL PROGRAM (ZONING ORDINANCE) FOR ZCA 2020-0003/ LCPA 2020-0007
WHERE
AS, on Sept. 12, 2023, the City Council adopted Ordinance No. CS -457, approving ZCA 2020-0003/LCPA 2020-0007 – Citywide Objective Design Standards Project; and WHEREAS, the Carlsbad Zoning Ordinance is the implementing ordinance of the Carlsbad Local Coastal Program, and therefore, an amendment to the Zoning Ordinance also constitutes an amendment to the Local Coastal Program; and
WHEREAS, the California Coastal Act requires California Coastal Commission certification of any Local Coastal Program Amendment; and
WHEREAS, on Feb. 6, 2025, the California Coastal Commission approved the city’s Local Coastal Program Amendment (LCPA 2020-0007) with suggested modifications; and WHEREAS, the California Coastal Commission’s approval of LCPA 2020-0007 will not become effective until the Commission certifies that the city has amended its Local Coastal Program pursuant to the Commission’s suggested modifications; and
WHEREAS, on May 13, 2025, the City Council held a duly noticed public hearing as prescribed by law to consider the California Coastal Commission’s suggested modifications.

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

1. The above recitations are true and correct.

2. Compliance with CEQA. The proposed action to make minor modifications to existing objective standards within Carlsbad Municipal Code (CMC) Title 21 Chapter 21.88 “Multifamily and Mixed -Use Development – Objective Design Standards,” is exempt from environmental review under CEQA Guidelines Section 15061(b)(3) and 15378(b)(5) as it can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment. The notice of exemption will be filed with the Recorder/County Clerk within five days after project approval by the decisio n-making body.

May 13, 2025
Item #9 Page 5 of 32

3. Carlsbad Municipal Code Section 21.88.030 is amended to read as follows:

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. Development within the Coastal Zone shall comply with all applicable objective standards within the Carlsbad Local Coastal Program.

4. Carlsbad Municipal Code Section 21.88.040 is amended to read as follows:

The City of Carlsbad’s Multifamily Housing and Mixed -Use Development Objective Design Standards Manual adopted by City Council on [date] is incorporated by reference into this chapter.

5. Incorporated by reference in Carlsbad Municipal Code Section 21.88.040, the Multifamily Housing and Mixed -Use Development Objective Design Standards Manual (Section 1 Part C Subsection 4) is amended to read as follows:

4. Reconcile Conflicting Standards. The City of Carlsbad 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 conflict between an objective standard in this Manual and an objective standard in another regulatory document, the standard in this Manual shall prevail.

Exception: The objective design standards specified in the applicable Local Coastal Program, 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.

6. Incorporated by reference in Carlsbad Municipal Code Section 21.88.040, the Multifamily Housing and Mixed -Use Development Objective Design Standards Manual (Section 2 Part B Subsection 2) is amended to delete the following section below and to subsequently renumerate the following three subsections 3 through 5 to 2 through 4:

2. Number of Parking Spaces. The provisions of Section 21.44.020, Off-Street May 13, 2025
Item #9 Page 6 of 32
Parking Spaces Required, of the Carlsbad Municipal Code shall be implemented except as defined by Section 65585 of the Government Code:

7. Incorporated by reference in Carlsbad Municipal Code Section 21.88.040, the Multifamily Housing and Mixed -Use Development Objective Design Standards Manual (Section 5 Part D Subsection 3) is amended to read as follows:

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 circulation, 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.

3. For projects located within the Coastal Zone and adjacent to existing and proposed preserve areas identified in the Habitat Management Plan within the Coastal Zone, the following additional lighting requirements shall apply unless it can be demonstrated that such features would not meet required safety measures: correlated color temperature shall not exceed 2700 Kelvins, lighting fixtures shall be the minimum lumens required for safety and security, uplighting shall not be allowed, and lighting shall not blink or flash.

8. Incorporated by reference in Carlsbad Municipal Code Section 21.88.040, the Multifamily Housing and Mixed -Use Development Objective Design Standards Manual (Appendix A Definition of Fully-Shielded) is amended to read as follows:

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. Shielded means that the light rays are directed onto the site, and the light source (e.g., bulb, tube, etc.) is not visible beyond the property boundary of the site of the light source.

May 13, 2025
Item #9 Page 7 of 32
EFFECTIVE DATE: This ordinance shall be effective either thirty days after its adoption, or upon the date the Executive Director of the California Coastal Commission certifies that implementation of LCPA 2020-0007 will be consistent with the Coastal Commission's approval of the Local Coastal Program amendments with suggested modifications , whichever occurs later . T he City Clerk sha ll certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.

INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 13th day of May, 2025, and thereafter
PASSED, AP PROVED A ND AD OPTED a t a Regular Me eting o f the C ity C ouncil of t he C ity o f Carlsbad on the __ day of ________, 2025, by the following vote, to wit:

AY
ES:

NAYS:

ABSTAIN:

ABSENT:

APP
ROVED AS TO FORM AND LEGALITY:
_____________
____________________
CINDIE K. McMAHON, City Attorney
_______________________________________
KEITH BLACKBURN, Mayor
_____________
__________________________
SHERRY FREISINGER, City Clerk
(SEAL)
May 13, 2025
Item #9 Page 8 of 32
Exhibit 2
C
ity Council staff report, dated Aug. 29, 2023
(on file in the Office of the City Clerk)
May 13, 2025
Item #9 Page 9 of 32
Exhibit 3
Ci
ty Council Ordinance No CS-457
(on file in the Office of the City Clerk)
May 13, 2025
Item #9 Page 10 of 32

STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR

CALIFORNIA COASTAL COMMISSION

SAN DIEGO DISTRICT OFFICE
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO, CA 92108-4402
VOICE (619) 767-2370
FAX (619) 767-2384
Febr
uary 21, 2025 SENT VIA EMAIL ONLY
Shelley Glennon
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Re: Certification of City of Carlsbad LCP Amendment No. LCP-6-CAR-23-0050-1 (Citywide Objective Design Standards)
Dear Ms. Glennon:

On February 6, 2025, the California Coastal Commission approved the above referenced amendment to the City of Carlsbad Local Coastal Program (LCP). The amendment involves creating a new chapter within the City’s certified Zoning Ordinance, Chapter 21.88 (Multifamily Housing and Mixed-Use Development – Objective Design Standards) to establish objective design standards for eligible projects and to incorporate by reference the City of Carlsbad’s new Multifamily Housing and Mixed-Use Development Objective Design Standards Manual.

The Commission approved the LCP amendment with suggested modifications to clarify that multifamily and mixed-use housing projects shall be consistent with the coastal resource protection and, if applicable, the public access requirements of the LCP, and to add additional objective standards where the LCP may currently only include subjective standards. The attached modifications contain the specific changes adopted by the Coastal Commission.

Before the amendment request can become effectively certified, the Executive Director must determine that implementation of the approved amendment will be consistent with the Commission’s certification order. This is necessary because the amendment was certified with suggested modifications.

In or
der for the Executive Director to make this determination, the local government must formally acknowledge receipt of the Commission’s resolution of certification, including any terms or suggested modifications; and take any formal action which is required to satisfy them, such as revised plan policies, rezonings or other ordinance revisions. This certification must also include production of new LCP text demonstrating that the amendment, as approved by the Commission and accepted by the City, will be incorporated into the City’s certified Local Coastal Program immediately upon concurrence by the Commission of the Executive Director’s determination. The local government’s action must be completely consistent with the Commission’s certification order; if you are Exhibit 4
May 13, 2025
Item #9 Page 11 of 32
F
ebruary 21, 2025

Page 2 ends

2 considering any c hange from what is presented in the attached suggested modifications, you should contact this office immediately.

The C
ommission’s certification order remains valid for six months from the date of its action; therefore, it is necessary for the City of Carlsbad to take the necessary steps within six months. If you believe that the City of Carlsbad will need additional time, you may request up to a one-year time extension but such an extension must be granted by the Coastal Commission at a subsequent hearing. As soon as the necessary documentation is received in this office and accepted, the Executive Director will report his/her determination to the Commission at its next regularly scheduled public hearing. If you have any questions about the Commission’s action or this final certification procedure, please contact our office. Thank you and the other staff members who worked on this planning effort. We remain available to assist you and your staff in any way possible to continue the successful implementation of the local coastal program.

S incerely,
F or:

Kaitlin Carney
District Supervisor
May 13, 2025
Item #9 Page 12 of 32
F
ebruary 21, 2025

Page 3 ends

3 SUGGESTED MODIFICATIONS
S
taff recommends the following suggested revisions to the proposed Implementation Plan be adop
ted. The underlined sections represent language that the Commission suggests be added, and the struck-out sections represent language which the Commission suggests be deleted from the language as originally submitted.

1. M
odify IP Section 21.88.030 (Additional Provisions) subsection A as follows:

2. M
odify IP Section 21.88.040 (Incorporation of the Multifamily and Mixed-Use Objective Design Standards Manual by Reference) as follows:

T
he City of Carlsbad’s Multifamily Housing and Mixed-Us e Development Objective Design Standards Manual adopted by City Council on [date] is incorporated by reference into this chapter.

3. M
odify Multifamily Housing and Mixed-Use Development Objective Design Standards Manual Section 1 (Introduction) Part 4 as follows:
4 . Reconcile Conflicting Standards. The City of Carlsbad 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 conflict between an objective standard in this Manual and an objective standard in another regulatory document, the standard in this Manual shall prevail.

4. M
odify Multifamily Housing and Mixed-Use Development Objective Design Standards Manual Section 2 (Site Design Standards) Part B Subsection 2 as follows:

2. N
umber of Parking Spaces. The provisions of Section 21.44.020, Off-St reet May 13, 2025
Item #9 Page 13 of 32
F
ebruary 21, 2025

Page 4 ends

4 Parking Spaces Required, of the Carlsbad Municipal Code shall be implemented except as defined by Section 65585 of the Government Code:
[Renumber the following sections accordingly]

5. M
odify Multifamily Housing and Mixed-Use Development Objective Design Standards Manual Section 5 (Utilitarian Design Standards) Part D Subsection 3 as follows:

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 circulation, 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.

6. M
odify Multifamily Housing and Mixed-Use Development Objective Design Standards Manual Appendix A (Definitions) as follows:

Ful
ly-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. Shielded means that the light rays are directed onto the site, and the light source (e.g., bulb, tube, etc.) is not visible beyond the property boundary of the site of the light source.

May 13, 2025
Item #9 Page 14 of 32

STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR

CALIFORNIA COASTAL COMMISSION

SAN DIEGO DISTRICT OFFICE
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO, CA 92108-4402
VOICE (619) 767-2370
FAX (619) 767-2384
Th20b
Date: January 23, 2025
To: COMMISSIONERS AND INTERESTED PERSONS
From: KARL SCHWING, DEPUTY DIRECTOR, SAN DIEGO COAST DISTRICT

KAITLIN CARNEY, DISTRICT SUPERVISOR, SAN DIEGO COAST DISTRICT

CHELSEA JANDER, COASTAL PLANNER, SAN DIEGO COAST DISTRICT Subj
ect: STAFF RECOMMENDATION ON CITY OF CARLSBAD MAJOR
AMENDMENT NO. LCP-6-CAR-23-0050-1 (Citywide Objective Design Standards) for Commission Meeting of February 5-6, 2025

SYNOPSIS
The su
bject LCP implementation plan amendment was submitted and filed as complete on January 3, 2024. A one-year time extension was granted on March 14, 2024. As such, the last date for Commission action on this item is March 28, 2025. This amendment affects the City’s certified Implementation Plan only.

The subject request was submitted with LCP Amendment No. LCP-6-CAR-23-0048-1, which relates to zoning code updates regarding accessory dwelling units and is scheduled for consideration at the February 2025 Commission hearing; LCP Amendment No. LCP-6- CAR-23-0049-1, which relates to updating the zoning code regarding alternative and temporary housing and was certified as submitted on September 12, 2024; and LCP Amendment No. LCP-6-CVR-23-0051-1, which relates to modifying the Village and Barrio Master Plan to include objective design standards and will be scheduled for the Commission’s consideration at a future hearing.

SUM

MARY OF AMENDMENT REQUEST
The City of Carlsbad is requesting an amendment to the City’s Zoning Ordinance, part of the certified LCP Implementation Plan (IP), in order to establish citywide objective design standards for multifamily housing and mixed-use development projects. Specifically, the proposed amendment creates a new chapter within the City’s certified Zoning Ordinance, Chapter 21.88 (Multifamily Housing and Mixed-Use Development – Objective Design Standards) to establish objective design standards for eligible projects and to incorporate by reference the City of Carlsbad’s new Multifamily Housing and Mixed-Use Development Objective Design Standards Manual.

Exhibit 5
May 13, 2025
Item #9 Page 15 of 32
LCP-6-CAR-23-0050-1 (Citywide Objective Design Standards) 2 Various state housing laws, including the Housing Accountability Act (Government Code Section 65589.5) and Streamlined Ministerial Approval Process (SB 423 (Wiener, 2023); Government Code Section 65913.4), require that qualifying housing projects be subject only to objective design standards. Objective design standards are typically measurable and demonstrable. Subjective design guidelines are typically open to interpretation and not technically measurable. The intent of having objective design standards is to provide specific standards that will make clear to developers, design professionals, applicants, City staff, decisionmakers, and the public what standards will be used in the review of project submittals. Objective design standards are intended to encourage multifamily and mixed- use housing production by creating clear standards applicable to all such projects by quantifying and standardizing some of the existing subjective requirements.

T
he Streamlined Ministerial Approval Process which is in effect in the Coastal Zone as of January 1, 2025, creates a streamlined ministerial approval process for eligible affordable housing development projects located in jurisdictions that have not met their housing element targets related to regional housing needs or that have not adopted a compliant housing element. Eligible multifamily and mixed-use housing projects would be able to utilize a streamlined ministerial approval process, which would require the project to comply with only the objective design standards. Among other criteria, eligibility for the streamlined ministerial approval process is determined by a variety of requirements, including an affordability component and certain labor and wage requirements. In addition, Government Code Section 65913.4 also clarifies where project sites must be located in order to be eligible for the streamlined ministerial approval projects. Project sites must be in an urban area, outside of the Commission’s geographic appeal jurisdiction, in an area subject to a certified LCP or certified LUP, outside of areas vulnerable to five feet of sea level rise, in an area zoned for multifamily housing, not within 100 feet of a wetland, not on prime agricultural land, and outside of other statewide exclusion areas.

T
o comply with state law, the City is proposing amendments to its certified IP to include citywide objective design standards for multifamily housing and mixed-use development projects. The proposed amendments will allow the City to approve multifamily housing and mixed-use development projects utilizing objective standards in compliance with state law.

UMMARY OF STAFF RECOMMENDATION
Staff is recommending denial of the Implementation Plan (IP) amendment as submitted, and staff is recommending approval of the Implementation Plan (IP) as modified through suggested modifications.

T
he Commission may reject IP amendments only if the amendment would be inconsistent with the certified Land Use Plan (LUP) or render the IP inadequate to carry out the LUP.

As proposed by the City, the amendment would create a new chapter within Chapter 21 of the Zoning Code, which is part of the certified IP. The new chapter would include new policies for citywide objective design standards for multifamily housing and mixed-use development projects. In general, these provisions will ensure that coastal resources including visual quality and community character are protected. The proposed amendment May 13, 2025
Item #9 Page 16 of 32
LCP-6-CAR-23-0050-1 (Citywide Objective Design Standards) 3 includes various objective site planning requirements like parking screening, building materials, and roof materials that would have no impact on coastal resources or public access. However, the Commission is concerned that design elements like lighting lack objective standards that would adequately protect biological resources. The standard of review for LCP implementation submittals or amendments is their consistency with and ability to carry out the provisions of the certified LUP.

A
s such, staff are recommending the following suggested modifications to clarify that multifamily and mixed-use housing projects shall be consistent with the coastal resource protection and, if applicable, the public access requirements of the LCP, and to add additional objective standards where the LCP may currently only include subjective standards.

Suggested Modifications #1 and #3 clarify that in addition to the other applicable objective standards of the municipal code, any eligible project within the Coastal Zone shall also be consistent with all objective standards of the certified LCP. While the City may not be able to apply the subjective policies of the LCP in certain circumstances, the City will still be required to impose the objective requirements of the LCP, beyond those included in the new Multifamily Housing and Mixed-Use Development Objective Design Standards Manual, to ensure protection of coastal resources and public access, where applicable. These suggested modifications also clarify that in the case of a conflict between the new Objective Design Standards Manual and the LCP, the LCP shall prevail.

Suggested Modifications #5 and #6 address biological resource protection within the new Objective Design Standards Manual through additional lighting requirements for projects located within the Coastal Zone and adjacent to existing and future Habitat Management Plan preserve parcels also within the Coastal Zone. This will update the lighting requirements to use the Commission’s definition of “fully-shielded” lighting and requires projects to include correlated color temperature to not exceed 2700 Kelvins, lighting fixtures will be the minimum lumens required for safety and security, uplighting is not allowed, and lighting shall not blink or flash. The lighting requirements would be required to apply unless it can be demonstrated that such features would not meet required safety measures.

I
n sum, the amendment should provide guidance in a manner that respects and protects coastal resources while ensuring consistency with other state laws intended to encourage and promote the creation of affordable housing. As modified, the proposed amendment is consistent with and adequate to carry out the Land Use Plan (LUP), the standard of review for this IP amendment, and the City has indicated it is in agreement with staff recommendation. Therefore, staff recommends that the Commission approves the amendment with the suggested modifications below.

T
he appropriate mot ions and resolutions begin on page 6. The suggested modifications begin on page 8. The findings for denial of the Implementation Plan Amendment as submitted begin on page 14. The findings for approval of the plan, if modified, begin on page 15.

May 13, 2025
Item #9 Page 17 of 32
LCP-6-CAR-23-0050-1 (Citywide Objective Design Standards) 4 BACKGROUND
There are six geographic segments in the City’s LCP. The City’s LCP has a unique history in that special legislation directed the Commission to draft the initial LCP. One segment, the Village Redevelopment Area LCP, was certified in 1988 and the City has been issuing coastal development permits there since that time. On October 21, 1977, the City assumed permit jurisdiction and has been issuing coastal development permits for all of the remaining segments, except Agua Hedionda. The Agua Hedionda Lagoon LCP segment is a deferred certification area until an implementation plan for that segment is certified.

ADDI

TIONAL INFORMATION
Further information on the City o f Carlsbad LCP amendment LCP-6-CAR-23-0050-1 may be obtained from Chelsea Jander, Coastal Planner, at (619) 767-2370 or [email protected].

May 13, 2025
Item #9 Page 18 of 32
LCP-6-CAR-23-0050-1 (Citywide Objective Design Standards) 5 TABLE OF CONTENTS
I. OVERVIEW .............................................................................................. 6 A. L
CP HISTORY ................................................................................................... 6 B. STANDARD OF REVIEW .................................................................................. 6 C. PUBLIC PARTICIPATION ................................................................................. 6 II. MOTIONS AND RESOLUTIONS .............................................................. 6 III. SUGGESTED MODIFICATIONS .............................................................. 8 IV. FINDINGS FOR REJECTION OF THE CITY OF CARLSBAD
I

MPLEMENTATION PLAN AMENDMENT, AS SUBMITTED, AND
AP
PROVAL IF MODIFIED ....................................................................... 9 A. A
MENDMENT DESCRIPTION .......................................................................... 9 B. CONFORMANCE WITH THE CERTIFIED LAND USE PLAN .......................... 12 V. CONSISTENCY WITH THE CALIFORNIA ENVIRONMENTAL QUALITY AC
T (CEQA) ........................................................................................... 17

EXHIBITS
Exhibit 1 – Proposed IP Amendment
Exhibit 2 – City Council Resolution No. 2023-228
Exhibit 3 – City Council Ordinance No. CS-457
Exhibit 4 – Planning Commission Resolution No. 7489
May 13, 2025
Item #9 Page 19 of 32
LCP-6-CAR-23-0050-1 (Citywide Objective Design Standards) 6 I. O VERVIEW
A. LCP HISTORY
T
he City of Carlsbad’s certified LCP contains six geographic segments as follows: Agua Hedionda, Mello I, Mello II, West Batiquitos Lagoon/Sammis Properties, East Batiquitos Lagoon/Hunt Properties, and Village-Barrio. Pursuant to Sections 30170(f) and 30171 of the Public Resources Code, the Coastal Commission prepared and approved two portions of the LCP, the Mello I and II segments in 1980 and 1981, respectively. The West Batiquitos Lagoon/Sammis Properties segment was certified in 1985. The East Batiquitos Lagoon/Hunt Properties segment was certified in 1988. The Village Redevelopment Area LCP was certified in 1988; the City has been issuing coastal development permits there since that time. The Village LCP segment was expanded and renamed the Village-Barrio in 2019. On October 21, 1997, the City assumed permit jurisdiction and has been issuing coastal development permits for all segments except Agua Hedionda. The Agua Hedionda Lagoon LCP segment is a deferred certification area until an implementation plan for that segment is certified. This amendment modifies the City’s implementation plan.

B. STANDARD OF REVIEW
P
ursuant to Section 30513 of the Coastal Act, the Commission may only reject zoning ordinances or other implementing actions, as well as their amendments, on the grounds that they do not conform with, or are inadequate to carry out, the provisions of the certified land use plan. The Commission shall take action by a majority vote of the Commissioners present.

C. PUBLIC PARTICIPATION
T
he City has held Planning Commission and City Council meetings with regard to the subject amendment request. All of those local hearings were duly noticed to the public.

Notice of the subject amendment has been distributed to all known interested parties.

II. M OTION S AND RESOLUTIONS
Following a public hearing, staff recommends the Commission adopt the following resolutions and findings. The appropriate motion to introduce the resolution and a staff recommendation are provided just prior to each resolution.

1. MOTION:

I
move that the Commission reject the Implementation Program Amendment No.

LCP-6-CAR-23-0050-1 for the City of Carlsbad as submitted.

May 13, 2025
Item #9 Page 20 of 32
LCP-6-CAR-23-0050-1 (Citywide Objective Design Standards) 7 STAFF RECOMMENDATION OF REJECTION:

Staff recommends a YES vote. Passage of this motion will result in rejection of Implementation Program and the adoption of the following resolution and findings. The motion passes only by an affirmative vote of a majority of the Commissioners present.

RESOLUTION TO DENY CERTIFICATION OF THE IMPLEMENTATION PROGRAM AMENDMENT AS SUBMITTED:

The Commission hereby denies certification of the Implementation Program Amendment submitted for the City of Carlsbad and adopts the findings set forth below on grounds that the Implementation Program as submitted does not conform with, and is inadequate to carry out, the provisions of the certified Land Use Plan.

Certification of the Implementation Program would not meet the requirements of the California Environmental Quality Act as there are feasible alternatives and mitigation measures that would substantially lessen the significant adverse impacts on the environment that will result from certification of the Implementation Program as submitted.

2. MOTION:

I
move that the Commission certify the Implementation Program Amendment No.

LCP-6-CAR-23-0050-1 for the City of Carlsbad if it is modified pursuant to the staff recommendation.

STAFF RECOMMENDATION:

Staff recommends a YES vote. Passage of this motion will result in certification of the Implementation Program Amendment with suggested modifications and the adoption of the following resolution and findings. The motion passes only by an affirmative vote of a majority of the Commissioners present.

RESOLUTION TO CERTIFY THE IMPLEMENTATION PROGRAM AMENDMENT WITH SUGGESTED MODIFICATIONS:

The Commission hereby certifies the Implementation Program Amendment for the City of Carlsbad if modified as suggested and adopts the findings set forth below on grounds that the Implementation Program Amendment, with the suggested modifications, conforms with and is adequate to carry out the certified Land Use Plan. Certification of the Implementation Program Amendment if modified as suggested complies with the California Environmental Quality Act, because either 1) feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the Implementation Program Amendment on the environment, or 2) there are no further feasible alternatives and mitigation measures that would substantially lessen any significant adverse impacts on the environment.

May 13, 2025
Item #9 Page 21 of 32
LCP-6-CAR-23-0050-1 (Citywide Objective Design Standards) 8 III. SUGGESTED MODIFICATIONS
Staff recommends the following suggested revisions to the proposed Implementation Plan be adopted. The underlined sections represent language that the Commission suggests be added, and the struck-out sections represent language which the Commission suggests be deleted from the language as originally submitted.

1. Mo
dify IP Section 21.88.030 (Additional Provisions) subsection A as follows:

A. O
ther Applicable Objective Standards. El igible projects must comply with all other objective standards in the Carlsbad Municipal Code for topics on which Chapter 21.88 is silent. Development within the Coastal Zone shall comply with all applicable objective standards within the Carlsbad Local Coastal Program.

2. M
odify IP Section 21.88.040 (Incorporation of the Multifamily and Mixed-Use Objective Design Standards Manual by Reference) as follows:

T
he City of Carlsbad’s Multifamily Housing and Mixed-Use D evelopment Objective Design Standards Manual adopted by City Council on [date] is incorporated by reference into this chapter.

3. Modi
fy Multifamily Housing and Mixed-Use Development Objective Design Standards Manual Section 1 (Introduction) Part 4 as follows:
4 . Reconcile Conflicting Standards. The City of Carlsbad 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 conflict between an objective standard in this Manual and an objective standard in another regulatory document, the standard in this Manual shall prevail.

4. M
odif
y Multifamily Housing and Mixed-Use Development Objective Design Standards Manual Section 2 (Site Design Standards) Part B Subsection 2 as follows:

2. N
umber of Parking Spaces. The provisions of Section 21.44.020, Off-Str eet Parking Spaces Required, of the Carlsbad Municipal Code shall be implemented except as defined by Section 65585 of the Government Code:

May 13, 2025
Item #9 Page 22 of 32
LCP-6-CAR-23-0050-1 (Citywide Objective Design Standards) 9 [Renumber the following sections accordingly]

5. M
odify Multifamily Housing and Mixed-Use Development Objective Design Standards Manual Section 5 (Utilitarian Design Standards) Part D Subsection 3 as follows:

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 circulation, 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.

6. M
odify Multifamily Housing and Mixed-Use Development Objective Design Standards Manual Appendix A (Definitions) as follows:

Ful
ly-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. Shielded means that the light rays are directed onto the site, and the light source (e.g., bulb, tube, etc.) is not visible beyond the property boundary of the site of the light source.

IV. F INDINGS FOR REJECTION OF THE CITY OF CARLSBAD
IM

PLEMENTATION PLAN AMENDMENT, AS SUBMITTED,
AND AP

PROVAL IF MODIFIED
A. AMENDMENT DESCRIPTION
T
he City of Carlsbad is requesting an amendment to the City’s Zoning Ordinance, part of the certified LCP Implementation Plan (IP), in order to establish citywide objective design standards for certain eligible multifamily housing and mixed-use development projects.

Specifically, the proposed amendment creates a new chapter within the certified City’s May 13, 2025
Item #9 Page 23 of 32
LCP-6-CAR-23-0050-1 (Citywide Objective Design Standards) 10 Zoning Ordinance, Chapter 21.88 (Multifamily Housing and Mixed-Use Development – Objective Design Standards) to establish objective design standards for eligible projects and to incorporate by reference the new City of Carlsbad’s Multifamily Housing and Mixed- Use Development Objective Design Standards Manual.

V
arious state housing laws, including the Housing Accountability Act (Government Code Section 65589.5) and Streamlined Ministerial Approval Process (SB 423 (Wiener, 2023); Government Code Section 65913.4), require that qualifying housing projects be subject only to objective design standards. Objective design standards are typically measurable and demonstrable. Subjective design guidelines are typically open to interpretation and not technically measurable. The intent of objective design standards is to provide specific standards that will make clear to developers, design professionals, applicants, City staff, decision-makers, and the public what will be used in the review of project submittals.

T
he Streamlined Ministerial Approval Process, which is in effect in the coastal zone as of January 1, 2025, creates a streamlined ministerial approval process for eligible affordable housing development projects located in jurisdictions that have not met their housing element targets related to regional housing needs or that have not adopted a compliant housing element. Eligible multifamily and mixed-use housing projects would be able to utilize the streamlined ministerial approval process, which would require the project to comply with only objective design standards.

A
mong other criteria, eligibility for the streamlined ministerial approval process is determined if housing development projects meet the following criteria: propose a multifamily housing development that contains two or more residential units; provide at least 10%, 20%, or 50% of units as affordable for lower-income households, depending on whether the jurisdiction has adopted a compliant housing element, the progress it has made on its portion of the regional housing needs allocation (RHNA), and whether the jurisdiction is located in the San Francisco Bay Area; be located on a site where at least 75% of the perimeter of the site adjoins parcels developed with “urban uses;” and meet certain labor and wage requirements. In addition, project sites must be located in an urban area, outside of the Commission’s geographic appeal jurisdiction, in an area subject to a certified LCP or certified LUP, outside of areas vulnerable to five feet of sea level rise, in an area zoned for multifamily housing, not within 100 feet of a wetland, not on prime agricultural land, and outside of other statewide exclusion areas. Government Code Section 65913.4 includes a variety of other statewide exclusion areas that apply both in and outside of the coastal zone. Eligible projects generally cannot be located on a site that is within any of the following: a very high fire hazard severity zone; a hazardous waste site; within a delineated earthquake fault zone; within a FEMA special flood hazard area or regulatory floodway; lands identified for conservation in an adopted natural resource protection plan; habitat for species protected under various provisions of federal or state law; and lands under a conservation easement.

T
o comply with state law, the proposed amendment establishes objective design standards for multiple-unit and mixed-use housing projects, where state housing law restricts City review of eligible projects to objective standards. Specifically, these objective design standards would apply to qualifying multiple-unit and mixed-use residential development in all zones, including such development that constitutes a “housing May 13, 2025
Item #9 Page 24 of 32
LCP-6-CAR-23-0050-1 (Citywide Objective Design Standards) 11 development project” under the Housing Accountability Act, supportive housing projects under AB 2162 (Chiu, 2018), low barrier navigation centers under AB 101 (Ting, 2019), and any other multiple-unit residential or mixed-use development project for which the City may require compliance with objective design standards under applicable state housing law. These objective design standards would not apply to single-family residences, accessory dwelling units (ADUs), or commercial and industrial projects without residential components.

M
ore specifically, the proposed changes related to objective design standards are intended to encourage multifamily and mixed-use housing production by creating clear standards applicable to all such projects by quantifying and standardizing some of the existing subjective requirements within the certified IP. Similar to other LCPs, the City’s certified IP includes a set of objective site design standards that all development must meet depending on the type of project and its zoning designation and location, including design requirements for height, setback, floor area ratio, density, and parking. These objective standards are then augmented with a series of other more subjective ones, including overall aesthetics and performance standards for neighborhood compatibility and community design. The proposed amendment does not change any existing objective IP standards related to design requirements, parking, or setbacks, and it makes some of the subjective policies more objective with the goal of providing more certainty and clarity on how to effectively implement such requirements. The proposed amendment also includes objective standards for operational fixtures such as bicycle parking, which would promote multi-modal transportation.

T
he proposed amendment specifies objective, including numeric, standards for various site planning topics, including required landscaping, lighting, parking screening, building materials, roof form, public and active frontages, and similar design requirements for multifamily and mixed-use residential structures. For example, while the certified IP broadly regulates landscaping, the proposed amendment requires a landscape buffer of a minimum width of five feet between all ground-level restricted open spaces and pedestrian walkways. Similarly, with respect to building materials and other design techniques, the proposed amendment specifies that the use of two or more accent materials (e.g., glass, tile, brick, stone, concrete, or plaster) shall be incorporated to highlight building features.

The intent is to have the existing subjective standards the City typically uses to evaluate projects become objective ones, for which the goal is to make as many design standards as possible more readily discernible to developers and the general public, which would in turn help facilitate more streamlined review and processing. Projects that fully utilize these objective design standards and meet the requirements in Government Code Section 65913.4 would then be eligible for streamlined review and not subject to a public hearing; however, in the coastal zone, a coastal development permit would still be required when applicable and no changes to what requires a coastal development permit or this process are proposed.

P
lease see Exhibit 1 for the proposed IP amendment text.

May 13, 2025
Item #9 Page 25 of 32
LCP-6-CAR-23-0050-1 (Citywide Objective Design Standards) 12 B. CONFORMANCE WITH THE CERTIFIED LAND USE PLAN
T
he standard of review for LCP implementation plan submittals or amendments is their consistency with and ability to carry out the provisions of the certified LUP. The certified LUP has a number of goals and policies relevant to the proposed amendment; the most applicable LUP standards are as follows:

H
abitat Management Plan
HMP Policy 7-1 Environmentally Sensitive Habitat Areas (ESHA) states:

Pursuant to Section 30240 of the California Coastal Act, environmentally sensitive habitat areas, as defined in Section 30107.5 of the Coastal Act, shall be protected against any significant disruption of habitat values, and only uses dependent upon those resources shall be allowed within those areas.

H
MP Policy 7-8 No Net Loss of Habitat states, in relevant part:

There shall be no net loss of Coastal Sage Scrub, Maritime Succulent Scrub, Southern Maritime Chaparral, Southern Mixed Chaparral, Native Grassland, and Oak Woodland within the Coastal Zone of Carlsbad.

H
MP Policy 7-11 Buffers and Fuel Modification Zones states, in relevant part:

Buffers shall be provided between all preserved habitat areas and development.

Minimum buffer areas shall be provided as follows:
a. 100 ft. for wetlands
b. 50 ft. for riparian areas
c. 20 ft. for all other native habitats (coastal sage scrub, southern maritime chaparral, maritime succulent scrub, southern mixed chaparral, native grassland, oak woodland).

HM
P Policy F Section 3-D Part 3 Lighting states:
• Eliminate lighting in or adjacent to the preserve except where essential for roadway, facility use, and safety and security purposes. • Use low pressure sodium illumination sources. Do not use low voltage outdoor or trail lighting, spot lights, or bug lights. Shield light sources adjacent to the preserve so that the lighting is focused downward.
• Avoid excessive lighting in developments adjacent to linkages through appropriate placement and shielding of light sources.

T
he City of Carlsbad’s certified Mello I and Mello II LUPs also include the above-cited language of Policies 7-1, 7-8, and 7-11.

M
ello I
Policy 2-3 Parking states:

In the event of commercial and/or residential development pursuant to a coastal development permit; parking shall be in conformance with the requirements of the City of Carlsbad Zoning Ordinance.

May 13, 2025
Item #9 Page 26 of 32
LCP-6-CAR-23-0050-1 (Citywide Objective Design Standards) 13 M
ello II
Policy 1-1 Allowable Land Uses states:

Allowable uses are those that are consistent with both the General Plan and the Local Coastal Program.

P
olicy 1-2 Maximum Density Of Development states:

Residential densities shall be permitted and based on the underlying LCP land use designation. The residential land use designations shall represent the maximum density permitted subject to application of requested density bonuses pursuant to Chapter 21.86 of the Carlsbad Municipal Code and the applicable resource protection provisions of the certified LCP.

P
olicy 6-10 Lower Cost Visitor-Serving Recreational Uses states:

Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided.

P
olicy 7-3 Access Along Shoreline states, in relevant part:

The City will cooperate with the State to ensure that…beach access is protected and enhanced to the maximum degree feasible…
P
olicy 7-10 states:

Parking standards set forth within the City of Carlsbad Zoning Ordinance are appropriate for the future development of various land uses.

T
he City of Carlsbad’s certified LUP concludes with the following policy:

III. IM
PLEMENTATION: The Policy/Implementation Connection
The Local Coastal Program Land Use Element is the long range guide for the City, its citizens and property owners, and other regulatory agencies relative to conservation, management, and development within the Carlsbad Coastal zone.

The City assumes primary responsibility for implementing the plan as it affects private land use. The LCP will be used as the standard for evaluating and making decisions on land use proposals in the Coastal zone. The policies of the Land Use Element are implemented by the City’s codes, policies and procedures.

S
ection 21.210.030 of the City’s certified LCP Implementation plan is applicable to the proposed amendment and states:

All development projects and fuel modification activities in the city shall comply with the habitat preservation and conservation standards contained in the city's habitat management plan (HMP) as well as the implementing agreement, permit conditions, the MHCP, the NCCP and 10(a)1(B) permit conditions, and the requirements contained in this chapter. All requirements of the HMP are incorporated herein by reference.

May 13, 2025
Item #9 Page 27 of 32
LCP-6-CAR-23-0050-1 (Citywide Objective Design Standards) 14 Section 21.210.040 Subsection C of the City’s certified LCP Implementation Plan is applicable to the proposed amendment and states, in relevant part:

C. A
dditional Mitigation. In addition to setting-aside land for the preserve area, all impacts to habitat and covered species shall be mitigated as follows:

1. All development projects which impact habitat shall provide on-site or off- site replacement habitat in accordance with the mitigation ratios contained in Table 11 in Section D.6 of the HMP…
S
ection 21.210.040 Subsection D of the City’s certified LCP Implementation Plan is applicable to the proposed amendment and states, in relevant part:

4. A
ll fuel modification (brush management) zones required as a result of the development project, and as required by the Fire Marshal, shall be located outside the preserve areas, shall be considered impacted and shall be mitigated according to subsection C of this section.

1. F

INDINGS FOR DENIAL AS SUBMITTED
In general, the objective design standards within the proposed amendment will ensure that coastal resources, including visual quality and community character are protected. The proposed amendment includes various objective site planning requirements such as parking screening, building materials, and roof form that would have no impact on coastal resources or public access. And in addition, the existing objective requirements of the certified LCP will continue to apply to development in the Coastal Zone and will be applied through the CDP process, which will not be changed. The existing LUP has limited policies to protect public views citywide and this amendment is consistent with them. However, the primary issues are that the proposed amendment does not include adequate objective coastal resource protection policies for sensitive habitat where current LCP policies may be considered subjective. The Commission is concerned that design elements like lighting lack objective standards that would adequately protect coastal resources. The standards of review for LCP implementation submittals or amendments is their consistency with and ability to carry out the provisions of the certified LUP.

The amendment as submitted is not intended to change the City’s existing coastal development permit requirements for development projects located within the Coastal Zone. However, as proposed, the language fails to clarify that all multi-family and affordable housing projects shall be consistent with the certified LCP and Coastal Act policies, where applicable. The Commission is concerned that it is not clear that the objective requirements of the LCP would still need to be followed under permitting processes. As submitted, the proposed amendment may cause coastal resource impacts if the LCP is not followed for multifamily and mixed-use housing projects that are eligible for streamlined permitting processes.

In addition, the proposed amendment includes a process for applicants to modify or waive up to four of the objective design standards. In order for this waiver process to occur, the City must complete findings that the modified design standard meets the intent of the May 13, 2025
Item #9 Page 28 of 32
LCP-6-CAR-23-0050-1 (Citywide Objective Design Standards) 15 original design standard included in the manual. Since projects located within the Coastal Zone will still require a CDP, any waivers or modifications to the objective design standards will require the City to complete findings that the project is consistent with the LCP and there will be no adverse coastal resource impacts as a result of the waiver. As submitted, this aspect of the proposed amendment is consistent with the certified LUP.

Biological Resources
The proposed amendment does not include any new policies regarding biological resource protection. According to the proposed amendment, where the new policies are silent, then the objective standards within the certified IP will be utilized. Within the City’s certified IP, Chapter 21.210 “Habitat Preservation and Management Requirements” specifies that all development projects and fuel modification activities shall comply with the standards contained in the City’s Habitat Management Plan.” Therefore, the certified HMP, which is intended to carry out Coastal Act requirements to protect sensitive biological resources, including no net loss of sensitive habitat in the Coastal Zone (set forth in LUP HMP Policy 7-8), and the use of buffers to adequately separate development from sensitive habitat (set forth in LUP HMP Policy 7-11) will still be required for multifamily and mixed-use development projects. These policies are objective in nature and therefore all multifamily and mixed-use development projects, including those that are eligible for the streamlined approval process would be required to follow these policies. In addition, the City’s certified IP, Chapter 21.210 “Habitat Preservation and Management Requirements” reiterates these objective standards and includes HMP mitigation ratios, as well as clarification that all required fuel modification brush clearing must be adequately mitigated.

However, the Commission is concerned about potential habitat disturbances from lighting included on future multifamily and mixed-use development projects that are located adjacent to habitat areas. The proposed amendment requires that lights be fully-shielded and downward-facing with energy-efficient fixtures. In addition, the proposed amendment requires that all areas for pedestrian and vehicular circulation incorporate lighting programmed with dusk to dawn lighting for safety and security purposes. HMP Policy F Section 3-D Part 3 includes subjective lighting standards for new development adjacent to conserved habitat areas, including elimination of lighting in or adjacent to preserves, restriction of low voltage trail lighting, requirement that lights be shielded, and avoiding excessive lighting in developments adjacent to preserve linkages. As submitted, the proposed amendment does not include sufficient objective standards regarding lighting requirements that could cause potential habitat disturbances for projects adjacent to preserve areas.

For the reasons outlined above, the Commission cannot find that the proposed amendment, as submitted, adequate to carry out the biological resource protection provisions of the certified LUP.

2. F

INDINGS FOR APPROVAL IF MODIFIED
As described above, the City’s proposed amendment is not adequate to carry out the certified LUP policies as submitted. As such, suggested modifications are required to May 13, 2025
Item #9 Page 29 of 32
LCP-6-CAR-23-0050-1 (Citywide Objective Design Standards) 16 clarify that multifamily and mixed-use housing projects shall be consistent with the coastal resource protection and, if applicable, the public access requirements of the LUP.

In regard to LCP applicability, Suggested Modification #1 revises Section 21.88.030 (Additional Provisions) to clarify that among other applicable objective standards, any project within the Coastal Zone shall comply with all applicable objective standards within the certified LCP. While the City may not be able to apply the subjective policies of the LCP in certain circumstances, the City will still be required to impose the objective standards of the LCP, beyond those included in the new Multifamily Housing and Mixed- Use Development Objective Design Standards Manual, to ensure protection of coastal resources and public access, where applicable. In addition, Suggested Modification #3 revises Section 1 (Introduction) of the manual to clarify that objective design standards specified in the applicable Local Coastal Program, 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. With these modifications, the amendment will be consistent with the LUP.

Suggested Modification #2 revises Section 21.88.040 (Incorporation of the Multifamily and Mixed-Use Objective Design Standards Manual by Reference) to clarify the date of the approved manual to ensure that any future manual updates will be brought forward to the Commission. The final date included will be the date that the City brings forth and adopts the suggested modifications for the manual.

At the request of the City, Suggested Modification #4 deletes Section 2 (Site Design Standards) Part B Subsection 2 to remove an incorrect reference to a Government Code section. The provisions of Section 21.44.020, Off-Street Parking Spaces Required, are already objective and located within the certified IP. Therefore, including a reference here was found to be redundant and the City requested to remove this subsection of the manual.

Suggested Modification #5 revises Section 5 (Utilitarian Design Standards) and Suggested Modification #6 revises Appendix A (Definitions) to address biological resource protection within the objective design manual. The suggested modifications would clarify additional lighting requirements for projects located within the Coastal Zone and adjacent to existing and proposed preserve areas identified in the Habitat Management Plan within the Coastal Zone. The lighting requirements for these projects include correlated color temperature to not exceed 2700 Kelvins, lighting fixtures to be the minimum lumens required for safety and security, that uplighting is not allowed, and that lighting shall not blink or flash. The lighting requirements would be required to apply unless it can be demonstrated that such features would not meet required safety measures.

Suggested Modification #6 revises the definition of “fully-shielded” to include that the light rays are directed onto the site, and the light source is not visible beyond the property boundary of the site of the light source. The modifications to the proposed amendment adequately protect biological resources by reducing artificial light sources that may impact sensitive species. Therefore, the amendment as modified protects biological resources and is consistent with the LUP.

May 13, 2025
Item #9 Page 30 of 32
LCP-6-CAR-23-0050-1 (Citywide Objective Design Standards) 17 Therefore, as modified and in conjunction with the other objective standards already present in the LUP, the proposed amendment will not result in any adverse coastal resource impacts. Through the inclusion of these suggested modifications, multifamily and mixed-use housing projects will be required to avoid significant coastal resource impacts.

Thus, the modified language will enable these housing projects to be implemented in the Coastal Zone while avoiding impacts to coastal resources and public access. In sum, the amendment as modified will provide objective design standards, and in a manner that respects and protects coastal resources, and with an aim to encourage and facilitate affordable and diverse housing within the City. The Commission thus finds the proposed amendment as modified is consistent with and adequate to carry out the policies of the LUP.

V. CONSISTENCY WITH THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA)
Section 21080.9 of the California Environmental Quality Act (CEQA) exempts local government from the requirement of preparing an environmental impact report (EIR) in connection with its local coastal program. The Commission's LCP review and approval program has been found by the Resources Agency to be functionally equivalent to the EIR process. Thus, under CEQA Section 21080.5, the Commission is relieved of the responsibility to prepare an EIR for each LCP submission.

The City determined that the subject LCP amendment is exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3) [no potential for causing a significant effect on the environment]. (Cal. Code of Regs., tit.14.) Nevertheless, the Commission is required in an LCP submittal or, as in this case, an LCP amendment submittal, to find that the LCP, or LCP, as amended, does conform with CEQA. As modified, the proposed amendment would not result in an intensification of land uses incompatible with the surrounding development or have adverse impacts on coastal resources. Further, the Commission finds that the proposed amendment is unlikely to have any significant adverse effect on the environment as a whole. Therefore, the Commission finds that the subject LCP Implementation Plan, as amended, conforms to the provisions of CEQA.

May 13, 2025
Item #9 Page 31 of 32

NOTICE OF EXEMPTION
To: Assessor/Recorder/County Clerk From: CITY OF CARLSBAD Attn: Fish and Wildlife Notices Planning Division
1600 Pacific Highway, Suite 260 1635 Faraday Avenue
San Diego CA 92101 Carlsbad, CA 92008
MS: A-33 (442) 339-2600
Subje
ct: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act).

Pro
ject Number and Title: ZCA2020-0003/LCPA 2020-0007 – COASTAL COMMISSION MODIFICATIONS

TO THE CITYWIDE OBJECTIVE DESIGN STANDARDS
Proj
ect Location - Specific: Citywide
Proj
ect Location - City: Carlsbad Project Location - County: San Diego Des
cription of Project: To approve the California Coastal Commission’s suggested modifications to amend the Local Coastal Program/Carlsbad Municipal Code (CMC) Title 21 (Zoning Ordinance) by incorporating minor revisions to the Multifamily and Mixed-Use Development – Objective Design Standards (CMC Section 21.88). This determination is meant to cover the introduction and adoption of the ordinance.

Nam
e of Public Agency Approving Project: City of Carlsbad
Name
of Person or Agency Carrying Out Project: Shelley Glennon, Associate Planner Nam
e of Applicant: City of Carlsbad - Community Development Department - Planning Division Appli
cant’s Address: 1635 Faraday Ave. Carlsbad, CA 92008
Appli
cant’s Telephone Number: 442-339-2605
Name
of Applicant/Identity of person undertaking the project (if different from the applicant above):

N/A
Exem
pt Status: Article 5 Section 15061(b)(3) and Article 20 Section 15378(b)(5) Rea
sons why project is exempt: The proposed action to make minor modifications to existing objective standards within C arlsbad Municipal Code Title 21 Section 21.88 “Multifamily and Mixed -Use Development – Objective Design Standards,” is exempt from environmental review under CEQA Guidelines Section 15061(b)(3) and 15378(b)(5) as it can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment.

Lea
d Agency Contact Person: Shelley Glennon Telephone: 442-339-2605 Eric Lardy, City Planner Date
Exhibit 6
May 13, 2025
Item #9 Page 32 of 32
TO: CITY CLERK
DATE OF PUBLIC HEARING:

AFFIDAVIT OF MAILING

NOTICE OF PUBLIC HEARING
SUBJECT: Coru:\:«\ C®Wld~ \ \)O MOdl6' (ltlJ(hS L}h1U)\t\~ ~Il\ LOCATION: ~ 1200 Carlsbad Village Drive, Carlsbad, CA 92008 D Other: ------------------
DATE POSTED TO CITY WEBSITE b 4 ,,.1.h --101b
DATE NOTICES MAILED TO PROPERTY OWNERS: o; ... Ol "'} 0'.2:::5 NUMBER MAILED:

I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad and the foregoing is true and correct.

DEPARTMENT: ~ TY CLERK'S OFFICE □ OTHER _______ _
Signature Date
------------------------------------------------------------------------------------------------------------------------------------------------------------ SENT TO FOR PUBLICATION VIA E-MAIL TO: □ Union Tribune on ___ _ [}3' Coast News on bl\...-1..6---'.U)'LG
PUBLICATION DATE: Union Tribune --------------
Coast News \)':) - 0t--'1-0Jb
I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad and the foregoing is true and correct.

DEPARTMENT: GJ,6TY CLERK'S OFFICE □ OTHER--------
Sign ture
Attachments: 1) Mailing Labels
2) Notice w/ attachments

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California , at 5 p.m. on Tuesday, May 13, 2025, to consider approving an ordinance acknowledging receipt of and approving the California Coastal Commission's suggested modifications to the Local Coastal Program (Zoning Ordinance) for ZCA 2020-0003/LCPA 2020-0007, and more part icularly described as:

An ordinance of the City of Council of the City of Carlsbad, California, acknowledging receipt of and approving the California Coastal Commission's suggested modifications to the Local Coastal Program (Zoning Ordinance) for ZCA 2020-0003/LCPA 2020-0007 Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after Friday, May 9, 2025. If you have any questions, please contact Shelley Glennon in the Planning Division at (442) 339-2605 or [email protected] .

The meeting can be viewed online at https ://www.carlsbadca.gov/city-hall/meetings-agendas or on the city's cable channel. In addition, written comments may be submitted to the City Council at or prior to the hearing via U.S. Mail to the attention of Office of the City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, or via email to [email protected] .

If you challenge the ordinance acknowledging receipt of and approving Coastal Commission's suggested modifications to the Local Coastal Program (zoning ordinance) for ZCA 2020-0003/LCPA 2020-0007 in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn : City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing.

CASE FILE: ZCA2020-0003/LCPA 2020-0007 (PUB 2020-0004)
CASE NAME: Coastal Commission Modifications to Citywide Objective Design Standards PUBLISH: May 2, 2025

CITY OF CARLSBAD

CITY COUNCIL

CTIY OF CAIUSJIAD

NQTICEQFPUBJ TC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected. that the City Council of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carls bad Village Drive. Carlsbad, Califomia, at 5 p.m. on Tu~ay, May 13, 2025, to consider ap proving an ordinance acknowledging rereipt of and appro, -ing the California Coast.a] Com mission's suggested modifications to lhe Local Coast.a] Program (:Zoning Ordinance) for '21::.A 2020-0003/LCPA 2020-000i, and more particularly described as:

An ordinance of the City of Council of the City of Carlsbad, California, acknowledg ing receipt of and appl'O\ing the California Coast.al Commission's suggested mod ifications to the Local Coastal Program (Z.Oning Ordinance) for ZCA. 2020-0003/ LCPA 2020-0007
Those persons wishing to speak on this proposa1 are cordially invited to attend the public hear ing. Copies ot'the staff report will be avaibblc on and a.ft.er Fridar, May 9,202.5. If you have any questions, please contact Shelley Glennon in the Planning Division at(442) 339-2605 or shel ley.Ji;lenno n(u)ca.rlsbadca..1t0,·. The meeting can be viewed online at bttl)s://www .carlsbadca. t!Qv/CJtv-bal\/meetw.e.s-a.e:endas or on the city's cable channel 1n add1l.ion., wntten comments may be submitted to the City Council al or prior to the hearing \.ia U.S. Mail to the attention of Office of the City Clerk, 1200 Carlsbad Village Drive, Carlsbad. CA 92008 , or via email to [email protected].

If you challenge the ordinancc acknowledging receipt of and appro\i ng CoasttJ Commission's suggested modifications to the l..ocal Coaslal Program (uming ordinance ) for ZCA.2020-0003/ LCPA 2020-0007 in court. you may be limited to raising onJy those issues you or someo ne else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk"s Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, al or prior to the public bearing .

CASE PILE: ZCA2020-0003 /LCPA 2020-0007 (PUB 2020-0004) CASl!NAME, Coastal Commission Modific.a.tion.,; to Citywide Objective Dc.tjgn Standaros
PUBLISH:May2, 2025
Cl1Y OF CARLSBAD

CITI COUNCIL
05/ 02/2025 CN 30492
AVERY 51 60 1
L.:-----' I

AXELSON & CORN ATTORNEYS AT LAW
SUITE 201
160 CHESTERFIELD DRIVE
ENCINITAS CA 92007

CA COASTAL COMMISSION
7575 METROPOLITAN DRIVE
STE. 103
SAN DIEGO, CA 92108

CHANNEL ISLANDS NATL PARK

SUPERINTENDENT'S OFFICE
1901 SPINNAKER DRIVE
VENTURA CA 93001

COUNTY OF SD SUPERVISOR
ROOM 335
1600 PACIFIC
SAN DIEGO CA 92101

DEPT OF HOUSING & URBAN DEV REGION IX

ENVIRONMENTAL OFFICER
300 North Los Angeles Street Suite 4054
LOS ANGELES CA 90012

WATER RESOURCES CONTROL BOARD
PO BOX 100
SACRAMENTO CA 95801

EDWIN ROMERO, CHAIRPERSON
1095 BARONA ROAD
LAKESIDE CA 92040

SD COUNTY

PLANNING & LAND USE DEPT
SUITE 210
5510 OVERLAND AVENUE
SAN DIEGO CA 921231239

US ARMY CORPS OF ENGINEER
SUITE 1101
915 WILSHIRE BOULEVARD
LOS ANGELES CA 90017
U.S. BUREAU OF RECLAMATION

SOUTHERN CALIFORNIA AREA

OFFICE (SCAO)

SUITE A
27226 VIA INDUSTRIA,
TEMECULA CA 92590
I
Pat avery corn lp,1tPnt, :
c C I
8, ncl ,110119 11110 to c • pr;sc Pop up Eclg, I

BUREAU OF INDIAN AFFAIRS
2800 COTTAGE WAY
SACRAMENTO CA 95825

CA DEPT OF FISH & WILDLIFE

ATTN CHRISTINE BECK
3883 RUFFIN ROAD
SAN DIEGO CA 92123

CITY OF ENCINITAS
505 S VULCAN AVENUE
ENCINITAS CA 92024

DEPT OF FOOD & AGRICULTURE

AGRICULTURAL RESOURCES
ROOM 100
1220 N STREET
SACRAMENTO CA 95814

DEPT OF JUSTICE

DEPT OF ATTY GEN
SUITE 1800
600 WEST BROADWAY
SAN DIEGO CA 92101

MARINE RESOURCES REG DR
& G ENV SERVICES SPR
SUITEJ
4665 LAMPSON AVENUE
LOS ALAMITOS CA 90720 -5139

SAN FRANCISCO BAY CONSERV
& DEV COM
375 BEALE STREET SUITE 510
SAN FRANCISCO CA 94105-2177
SDGE
8315 CENTURY PARK COURT
SAN DIEGO CA 92123
US ARMY CORPS OF ENGINEERS REGULATORY.

DIVISION
SUITE 100
5900 LA PLACE COURT
CARLSBAD CA 92008

US FISH & WILDLIFE SERVICES
2800 COTTAGE WAY
SUITE W-2605
SACRAMENTO CA 95825
Etiquett es d 'adresse Easy Peel :

Re l1ez a la hach,•rc ;,f,n de reveler le rcbord Po u 1 C I l e l lp a es I
u ; .... , r. r 11f_J1 • 1t n 1

BUSINESS, TRANS & HSG AGENCY
, UNIT #350B
915 CAPITOL MALL
1 SACRAMENTO CA 95814-4801
CA DEPT OF TRANSPORTATION DISTRICT 11

DIVISION OF PLANNING/DEVELOPMENT
REVIEW
1 4050 TAYLOR STREET, MS-240
, SAN DIEGO CA 92110

COASTAL CONSERVANCY
' 1515 CLAY STREET, lQTH FLOOR
OAKLAND, CA 94612

DEPT OF FORESTRY

ENVCOORD
PO BOX 944246
SACRAMENTO CA 94244-2460

FAAWESTERN-PACIFIC REGION --- -
777 S. AVIATION BLVD., SUITE 150
EL SUGUNDO, CA 90245
-OFF OF PLANNING & RESEARCH

OFF OF LOCAL GOV AFFAIRS
1400 10TH STREET
SACRAMENTO CA 95814-5502

SANDAG EXECUTIVE DIRECTOR
SUITE 800
1ST INTERNATIONAL PLAZA
401 B STREET
SAN DIEGO CA 92101
-STATE LANDS COMMISSION
SUITE 1005
100 HOWE AVENUE
SACRAMENTO CA 95825-8202

US BUREAU OF LAND MGMT

SUITE ROOM W
2800 COTTAGE WAY
SACRAMENTO CA 95825
USDA RURAL DEVELOPMEN'f
DEPT 4169
430 G STREET
DAVIS CA 95606
Al lez a avery.ca/gabar its :

Util,st'i I,• G 1h n ii,\•. r•rv c 160 I :

A ER I

L---' I
:hase Preciado
.ozeau Drury LLP
l939 Harrison Street, Suite 150
)akland, CA 94612
{"'city of
Carlsbad
City Clerk's Office
l ' ( I
r' id 10·1~1 l11'c_ • 1 • pr) , :-i_,f~ , 1 tel9, t
Leslie Reider
Lozeau Drury LLP
1939 Harr ison Street, Suite 150
Oakland, CA 94612
1200 Carlsbad Village Drive
Carlsbad, CA 92008
I
Pat avery com patPnt, : Etiqu ett es d 'adresse Easy Pee l :

Repl,ez a IJ hc1ch,•rc 1fll1 de> reveler le rebo rd Pop up I Madeline Dawson
Lozeau Drury LLP
, , C'lll!) ,l C'S
1 1 ,. , 11 I
1939 Harrison Street, Suite 150
Oakland, CA 94612
All ez a avery.ca/gabar its :

Util1rv~ I, CJ 1h 1rrf ,\.cr 1 =- JGO 1
Shelley Glennon, Associate Planner
Community Development Department
May 13, 2025
Coastal Commission Suggested
Modifications: Citywide
Objective Design Standards
1 CITYWIDE OBJECTIVE DESIGN STANDARDS
• Objective Design Standards
• Measurable/Quantifiable
• Excludes Village and Barrio Area
• State/City Mandate and State Funding
• SB 35 and SB 330
• Housing Element Program 1.11
• SB2 Grant Funded
ITEM 9: COASTAL COMMISSION

MODIFICATIONS - CITYWIDE ODS
2 COASTAL COMMISSION SUGGESTED

MODIFICATIONS
February 2025 – Coastal Commission approved the
project contingent on suggested modifications:

Zoning Ordinance (Ch. 21.88)
• Clarifies projects in the Coastal Zone shall comply
with Local Coastal Program (LCP) standards
• Adds latest City Council adoption date
3 ITEM 9: COASTAL COMMISSION

MODIFICATIONS - CITYWIDE ODS

COASTAL COMMISSION SUGGESTED

MODIFICATIONS (CONTINUED)
Objective Design Standards Manual
• Clarifies LCP standards shall prevail over Citywide ODS • Removes unnecessary parking standard reference
• Adds new lighting standard
• Adds clarifying language to a lighting definition
4 ITEM 9: COASTAL COMMISSION

MODIFICATIONS - CITYWIDE ODS

ADDITIONAL CONSIDERATIONS
If modifications are not approved:
• Will not be effective in the Coastal Zone
(remain effective outside the Coastal Zone)
• Housing Element Program 1.11 “Objective
Design Standards” incomplete
5 ITEM 9: COASTAL COMMISSION

MODIFICATIONS - CITYWIDE ODS

STAFF RECOMMENDATION
6 Introduce an ordinance acknowledging receipt of and
approving the California Coastal Commission’s
suggested modifications to the Local Coastal Program
(Zoning Ordinance) for ZCA 2020-0003/LCPA 2020-
0007
ITEM 9: COASTAL COMMISSION

MODIFICATIONS - CITYWIDE ODS

Carlsbad City CouncilMay 13, 2025

Carlsbad City Council
May 13, 2025